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SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United 
States Code, is amended by inserting after section 210 the 
following: 
‘‘§ 211. Safe routes to school program 
‘‘(a) PROGRAM.—The Secretary shall carry out a safe 
routes to school program for the benefit of children in pri-
mary, middle, and high schools. 
‘‘(b) PURPOSES.—The purposes of the program shall 
be— 
‘‘(1) to enable and encourage children, includ-
ing those with disabilities, to walk and bicycle to 
school; 
‘‘(2) to make bicycling and walking to school a 
safer and more appealing transportation alternative, 
thereby encouraging a healthy and active lifestyle 
from an early age; and 
‘‘(3) to facilitate the planning, development, 
and implementation of projects and activities that 
will improve safety and reduce traffic, fuel consump-
tion, and air pollution in the vicinity of schools. 
‘‘(c) USE OF FUNDS.—Amounts apportioned to a 
State under paragraphs (2) and (3) of section 104(b) may 
be used to carry out projects, programs, and other activi-
ties under this section. 
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‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and 
activities funded under this section may be carried out by 
eligible entities described under section 133(h)(4)(B) that 
demonstrate an ability to meet the requirements of this 
section. 
‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— 
‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— 
‘‘(A) IN GENERAL.—A State may obligate 
funds under this section for the planning, de-
sign, and construction of infrastructure-related 
projects that will substantially improve the abil-
ity of students to walk and bicycle to school, in-
cluding sidewalk improvements, traffic calming 
and speed reduction improvements, pedestrian 
and bicycle crossing improvements, on-street bi-
cycle facilities, off-street bicycle and pedestrian 
facilities, secure bicycle parking facilities, and 
traffic diversion improvements in the vicinity of 
schools. 
‘‘(B) LOCATION
OF
PROJECTS.—Infra-
structure-related projects under subparagraph 
(A) may be carried out on any public road or 
any bicycle or pedestrian pathway or trail in the 
vicinity of schools. 
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‘‘(2) NONINFRASTRUCTURE-RELATED
ACTIVI-
TIES.—In addition to projects described in para-
graph (1), a State may obligate funds under this 
section for noninfrastructure-related activities to en-
courage walking and bicycling to school, including— 
‘‘(A) public awareness campaigns and out-
reach to press and community leaders; 
‘‘(B) traffic education and enforcement in 
the vicinity of schools; 
‘‘(C) student sessions on bicycle and pedes-
trian safety, health, and environment; 
‘‘(D) programs that address personal safe-
ty; and 
‘‘(E) funding for training, volunteers, and 
managers of safe routes to school programs. 
‘‘(3) SAFE
ROUTES
TO
SCHOOL
COORDI-
NATOR.—Each State receiving an apportionment 
under paragraphs (2) and (3) of section 104(b) shall 
use a sufficient amount of the apportionment to 
fund a full-time position of coordinator of the 
State’s safe routes to school program. 
‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A 
coordinator described in paragraph (3) shall conduct 
outreach to ensure that rural school districts in the 
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State are aware of such State’s safe routes to school 
program and any funds authorized by this section. 
‘‘(f) FEDERAL SHARE.—The Federal share of the 
cost of a project, program, or activity under this section 
shall be 100 percent. 
‘‘(g) CLEARINGHOUSE.— 
‘‘(1) IN GENERAL.—The Secretary shall main-
tain a national safe routes to school clearinghouse 
to— 
‘‘(A) develop information and educational 
programs on safe routes to school; and 
‘‘(B) provide technical assistance and dis-
seminate techniques and strategies used for 
successful safe routes to school programs. 
‘‘(2) FUNDING.—The Secretary shall carry out 
this subsection using amounts authorized to be ap-
propriated for administrative expenses under section 
104(a). 
‘‘(h) TREATMENT OF PROJECTS.—Notwithstanding 
any other provision of law, projects carried out under this 
section shall be treated as projects on a Federal-aid high-
way under chapter 1 of this title. 
‘‘(i) DEFINITIONS.—In this section, the following 
definitions apply: 
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‘‘(1) IN THE VICINITY OF SCHOOLS.—The term 
‘in the vicinity of schools’ means, with respect to a 
school, the area within bicycling and walking dis-
tance of the school (approximately 2 miles). 
‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— 
The term ‘primary, middle, and high schools’ means 
schools providing education from kindergarten 
through twelfth grade.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) REPEAL.—Section 1404 of SAFETEA–LU 
(Public Law 109–59; 119 Stat. 1228–1230), and 
the item relating to such section in the table of con-
tents in section 1(b) of such Act, are repealed. 
(2) ANALYSIS.—The analysis for chapter 2 of 
title 23, United States Code, is amended by insert-
ing after the item relating to section 210 the fol-
lowing: 
‘‘211. Safe routes to school program.’’. 
SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN 
WALKWAYS. 
Section 217 of title 23, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) by striking ‘‘104(b)(3)’’ and inserting 
‘‘104(b)(4)’’; and 
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(B) by striking ‘‘a position’’ and inserting 
‘‘at least one full-time positions’’; 
(2) in subsection (e) by striking ‘‘bicycles’’ and 
inserting ‘‘pedestrians or bicyclists’’ each place such 
term appears; and 
(3) in subsection (j) by striking paragraph (2) 
and inserting the following: 
‘‘(2) ELECTRIC
BICYCLE.—The term ‘electric 
bicycle’ means mean a bicycle equipped with fully 
operable pedals, a saddle or seat for the rider, and 
an electric motor of less than 750 watts that can 
safely share a bicycle transportation facility with 
other users of such facility and meets the require-
ments of one of the following three classes: 
‘‘(A) CLASS
ELECTRIC
BICYCLE.—The 
term ‘class 1 electric bicycle’ means an electric 
bicycle equipped with a motor that provides as-
sistance only when the rider is pedaling, and 
that ceases to provide assistance when the bicy-
cle reaches the speed of 20 miles per hour. 
‘‘(B) CLASS
ELECTRIC
BICYCLE.—The 
term ‘class 2 electric bicycle’ means an electric 
bicycle equipped with a motor that may be used 
exclusively to propel the bicycle, and that is not 
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capable of providing assistance when the bicycle 
reaches the speed of 20 miles per hour. 
‘‘(C) CLASS
ELECTRIC
BICYCLE.—The 
term ‘class 3 electric bicycle’ means an electric 
bicycle equipped with a motor that provides as-
sistance only when the rider is pedaling, and 
that ceases to provide assistance when the bicy-
cle reaches the speed of 28 miles per hour.’’. 
SEC. 1217. NOISE BARRIERS. 
(a) PERMITTING USE OF HIGHWAY TRUST FUND 
FOR CONSTRUCTION OF CERTAIN NOISE BARRIERS.— 
Section 339(b)(1) of the National Highway System Des-
ignation Act of 1995 (23 U.S.C. 109 note) is amended 
to read as follows: 
‘‘(1) GENERAL RULE.—No funds made avail-
able out of the Highway Trust Fund may be used 
to construct a Type II noise barrier (as defined by 
section 772.5(I) of title 23, Code of Federal Regula-
tions) pursuant to subsections (h) and (I) of section 
109 of title 23, United States Code, unless— 
‘‘(A) such a barrier is part of a project ap-
proved by the Secretary before November 28, 
1995; or 
‘‘(B) such a barrier separates a highway or 
other noise corridor from a group of structures 
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of which the majority of those closest to the 
highway or noise corridor— 
‘‘(i) are residential in nature; and 
‘‘(ii) either— 
‘‘(I) were constructed before the 
construction or most recent widening 
of the highway or noise corridor; or 
‘‘(II) are at least 10 years old.’’. 
(b) ELIGIBILITY
FOR SURFACE TRANSPORTATION 
BLOCK GRANT FUNDS.—Section 133 of title 23, United 
States Code, is amended— 
(1) in subsection (b) by adding at the end the 
following: 
‘‘(20) Planning, design, or construction of a 
Type II noise barrier (as described in section 772.5 
of title 23, Code of Federal Regulations).’’; and 
(2) in subsection (c)(2) by inserting ‘‘and para-
graph (20)’’ after ‘‘(11)’’. 
Subtitle C—Project-Level 
Investments 
SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG-
NIFICANCE. 
(a) IN GENERAL.—Section 117 of title 23, United 
States Code, is amended to read as follows: 
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‘‘§ 117. Projects of national and regional significance 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a projects of national and regional significance pro-
gram under which the Secretary may make grants to, and 
establish multiyear grant agreements with, eligible entities 
in accordance with this section. 
‘‘(b) APPLICATIONS.—To be eligible for a grant 
under this section, an eligible entity shall submit to the 
Secretary an application in such form, in such manner, 
and containing such information as the Secretary may re-
quire. 
‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.— 
‘‘(1) IN
GENERAL.—Each grant made under 
this section— 
‘‘(A) shall be in an amount that is at least 
$25,000,000; and 
‘‘(B) shall be for a project that has eligible 
project costs that are reasonably anticipated to 
equal or exceed the lesser of— 
‘‘(i) $100,000,000; or 
‘‘(ii) in the case of a project— 
‘‘(I) located in 1 State or terri-
tory, 30 percent of the amount appor-
tioned under this chapter to the State 
or territory in the most recently com-
pleted fiscal year; or 
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‘‘(II) located in more than 1 
State or territory, 50 percent of the 
amount apportioned under this chap-
ter to the participating State or terri-
tory with the largest apportionment 
under this chapter in the most re-
cently completed fiscal year. 
‘‘(2) LARGE PROJECTS.—For a project that has 
eligible project costs that are reasonably anticipated 
to equal or exceed $500,000,000, a grant made 
under this section— 
‘‘(A) shall be in an amount sufficient to 
fully fund the project, or in the case of a public 
transportation project, a minimum operable 
segment, in combination with other funding 
sources, including non-Federal financial com-
mitment, identified in the application; and 
‘‘(B) may be awarded pursuant to the 
process under subsection (d), as necessary 
based on the amount of the grant. 
‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE 
PROJECTS.— 
‘‘(1) IN
GENERAL.—A large project that re-
ceives a grant under this section may be carried out 
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through a multiyear grant agreement in accordance 
with this subsection. 
‘‘(2) 
REQUIREMENTS.—A 
multiyear 
grant 
agreement for a large project shall— 
‘‘(A) establish the terms of participation by 
the Federal Government in the project; 
‘‘(B) establish the amount of Federal fi-
nancial assistance for the project; 
‘‘(C) establish a schedule of anticipated 
Federal obligations for the project that provides 
for obligation of the full grant amount by not 
later than 4 fiscal years after the fiscal year in 
which the initial amount is provided; and 
‘‘(D) determine the period of time for com-
pleting the project, even if such period extends 
beyond the period of an authorization. 
‘‘(3) SPECIAL RULES.— 
‘‘(A) IN
GENERAL.—A multiyear grant 
agreement under this subsection— 
‘‘(i) shall obligate an amount of avail-
able budget authority specified in law; and 
‘‘(ii) may include a commitment, con-
tingent on amounts to be specified in law 
in advance for commitments under this 
paragraph, 
to 
obligate 
an 
additional 
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amount from future available budget au-
thority specified in law. 
‘‘(B) CONTINGENT COMMITMENT.—A con-
tingent commitment under this subsection is 
not an obligation of the Federal Government 
under section 1501 of title 31. 
‘‘(C) INTEREST
AND
OTHER
FINANCING 
COSTS.— 
‘‘(i) IN GENERAL.—Interest and other 
financing costs of carrying out a part of 
the project within a reasonable time shall 
be considered a cost of carrying out the 
project under a multiyear grant agreement, 
except that eligible costs may not be more 
than the cost of the most favorable financ-
ing terms reasonably available for the 
project at the time of borrowing. 
‘‘(ii) CERTIFICATION.—The applicant 
shall certify to the Secretary that the ap-
plicant has shown reasonable diligence in 
seeking the most favorable financing 
terms. 
‘‘(4) ADVANCE
PAYMENT.—An eligible entity 
carrying out a large project under a multiyear grant 
agreement— 
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‘‘(iii) a capital project, as such term is 
defined in section 22906 of title 49, to im-
prove intercity rail passenger transpor-
tation; or 
‘‘(C) a project to improve freight through-
put that is— 
‘‘(i) a highway freight project carried 
out on the National Highway Freight Net-
work established under section 167 or on 
the National Highway System; 
‘‘(ii) a freight intermodal, freight rail, 
or railway-highway grade crossing or grade 
separation project; or 
‘‘(iii) within the boundaries of a public 
or private freight rail, water (including 
ports), or intermodal facility and that is a 
surface 
transportation 
infrastructure 
project necessary to facilitate direct inter-
modal interchange, transfer, or access into 
or out of the facility. 
‘‘(2) LIMITATION.— 
‘‘(A) 
CERTAIN
FREIGHT
PROJECTS.— 
Projects described in clauses (ii) and (iii) of 
paragraph (1)(C) may receive a grant under 
this section only if— 
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‘‘(i) the project will make a significant 
improvement to the movement of freight 
on the National Highway System; and 
‘‘(ii) the Federal share of the project 
funds only elements of the project that 
provide public benefits. 
‘‘(B) CERTAIN
PROJECTS
FOR
PERSON 
THROUGHPUT.—Projects described in clauses 
(ii) and (iii) of paragraph (1)(B) may receive a 
grant under this section only if the project will 
make a significant improvement in mobility on 
public roads. 
‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity 
receiving a grant under this section may use such grant 
for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
design work, and other preconstruction activities; 
and 
‘‘(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
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ments directly related to improving system perform-
ance. 
‘‘(g) PROJECT REQUIREMENTS.—The Secretary may 
select a project described under this section for funding 
under this section only if the Secretary determines that 
the project— 
‘‘(1) generates significant regional or national 
economic, mobility, safety, resilience, or environ-
mental benefits; 
‘‘(2) is cost effective; 
‘‘(3) is based on the results of preliminary engi-
neering; 
‘‘(4) has secured or will secure acceptable levels 
of non-Federal financial commitments, including— 
‘‘(A) one or more stable and dependable 
sources of funding and financing to construct, 
maintain, and operate the project; and 
‘‘(B) contingency amounts to cover unan-
ticipated cost increases; 
‘‘(5) cannot be easily and efficiently completed 
without additional Federal funding or financial as-
sistance available to the project sponsor, beyond ex-
isting Federal apportionments; and 
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‘‘(6) is reasonably expected to begin construc-
tion not later than 18 months after the date of obli-
gation of funds for the project. 
‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— 
‘‘(1) MERIT CRITERIA.—In awarding a grant 
under this section, the Secretary shall evaluate the 
following merit criteria: 
‘‘(A) The extent to which the project sup-
ports achieving a state of good repair. 
‘‘(B) The level of benefits the project is ex-
pected to generate, including— 
‘‘(i) the costs avoided by the preven-
tion of closure or reduced use of the asset 
to be improved by the project; 
‘‘(ii) reductions in maintenance costs 
over the life of the asset; 
‘‘(iii) safety benefits, including the re-
duction of accidents and related costs; 
‘‘(iv) improved person or freight 
throughput, including congestion reduction 
and reliability improvements; 
‘‘(v) national and regional economic 
benefits; 
‘‘(vi) resilience benefits; 
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‘‘(vii) environmental benefits, includ-
ing reduction in greenhouse gas emissions 
and air quality benefits; and 
‘‘(viii) benefits to all users of the 
project, including pedestrian, bicycle, non-
vehicular, railroad, and public transpor-
tation users. 
‘‘(C) How the benefits compare to the 
costs of the project. 
‘‘(D) The average number of people or vol-
ume of freight, as applicable, supported by the 
project, including visitors based on travel and 
tourism. 
‘‘(2) 
ADDITIONAL
CONSIDERATIONS.—In 
awarding a grant under this section, the Secretary 
shall also consider the following: 
‘‘(A) Whether the project serves low-in-
come residents of low-income communities, in-
cluding areas of persistent poverty, while not 
displacing such residents. 
‘‘(B) Whether the project uses innovative 
technologies, innovative design and construction 
techniques, or pavement materials that dem-
onstrate reductions in greenhouse gas emissions 
through sequestration or innovative manufac-
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turing processes and, if so, the degree to which 
such technologies, techniques, or materials are 
used. 
‘‘(C) 
Whether 
the 
project 
improves 
connectivity between modes of transportation 
moving people or goods in the Nation or region. 
‘‘(D) Whether the project provides new or 
improved connections between at least two met-
ropolitan areas with a population of at least 
500,000. 
‘‘(E) Whether the project would replace, 
reconstruct, or rehabilitate a high-commuter 
corridor (as such term is defined in section 
203(a)(6)) that is in poor condition. 
‘‘(i) PROJECT SELECTION.— 
‘‘(1) EVALUATION.—To evaluate applications 
for funding under this section, the Secretary shall— 
‘‘(A) determine whether a project is eligible 
for a grant under this section; 
‘‘(B) evaluate, through a methodology that 
is discernible and transparent to the public, 
how each application addresses the merit cri-
teria pursuant to subsection (h); 
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geographic diversity and a balance between rural 
and urban communities among grant recipients over 
fiscal years 2022 through 2025. 
‘‘(4) PUBLICATION OF METHODOLOGY.— 
‘‘(A) IN GENERAL.—Prior to the issuance 
of any notice of funding opportunity for grants 
under this section, the Secretary shall publish 
and make publicly available on the Depart-
ment’s website— 
‘‘(i) a detailed explanation of the 
merit criteria developed under subsection 
(h); 
‘‘(ii) a description of the evaluation 
process under this subsection; and 
‘‘(iii) how the Secretary shall deter-
mine whether a project satisfies each of 
the requirements under subsection (g). 
‘‘(B) UPDATES.—The Secretary shall up-
date and make publicly available on the website 
of the Department of Transportation such in-
formation at any time a revision to the informa-
tion described in subparagraph (A) is made. 
‘‘(C) INFORMATION REQUIRED.—The Sec-
retary shall include in the published notice of 
funding opportunity for a grant under this sec-
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tion detailed information on the rating method-
ology and merit criteria to be used to evaluate 
applications, or a reference to the information 
on the website of the Department of Transpor-
tation, as required by subparagraph (A). 
‘‘(j) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the 
cost of a project carried out with a grant under this 
section may not exceed 60 percent. 
‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed-
eral assistance other than a grant under this section 
may be used to satisfy the non-Federal share of the 
cost of a project for which such a grant is made, ex-
cept that the total Federal assistance provided for a 
project receiving a grant under this section may not 
exceed 80 percent of the total project cost. 
‘‘(k) TREATMENT OF PROJECTS.— 
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
‘‘(A) the requirements of this title to a 
highway project; 
‘‘(B) the requirements of chapter 53 of 
title 49 to a public transportation project; and 
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‘‘(C) the requirements of section 22905 of 
title 49 to a passenger rail or freight rail 
project. 
‘‘(2) MULTIMODAL PROJECTS.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
‘‘(i) determine the predominant modal 
component of the project; and 
‘‘(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For 
any 
passenger 
or 
freight rail component of a project, the re-
quirements of section 22907(j)(2) of title 
49 shall apply. 
‘‘(ii) PUBLIC TRANSPORTATION COM-
PONENT.—For any public transportation 
component of a project, the requirements 
of section 5333 of title 49 shall apply. 
‘‘(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of 
this title and sections 5320, 22905(a), and 
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24305(f) of title 49 to a multimodal project 
under this paragraph, the Secretary shall— 
‘‘(i) consider the various modal com-
ponents of the project; and 
‘‘(ii) seek to maximize domestic jobs. 
‘‘(3) 
FEDERAL-AID
HIGHWAY
REQUIRE-
MENTS.—Notwithstanding any other provision of 
this subsection, the Secretary shall require recipients 
of grants under this section to comply with sub-
section (a) of section 113 with respect to public 
transportation projects, passenger rail projects, and 
freight rail projects, in the same manner that recipi-
ents of grants are required to comply with such sub-
section for construction work performed on highway 
projects on Federal-aid highways. 
‘‘(l) TIFIA PROGRAM.—At the request of an eligible 
entity under this section, the Secretary may use amounts 
awarded to the entity to pay subsidy and administrative 
costs necessary to provide the entity Federal credit assist-
ance under chapter 6 with respect to the project for which 
the grant was awarded. 
‘‘(m) ADMINISTRATION.—Of the amounts made 
available to carry out this section, the Secretary may use 
up to $5,000,000 for the costs of administering the pro-
gram under this section. 
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‘‘(n) TECHNICAL
ASSISTANCE.—Of the amounts 
made available to carry out this section, the Secretary may 
reserve up to $5,000,000 to provide technical assistance 
to eligible entities. 
‘‘(o) CONGRESSIONAL REVIEW.— 
‘‘(1) NOTIFICATION.—Not less than 60 days be-
fore making an award under this section, the Sec-
retary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Environment and Pub-
lic Works, the Committee on Banking, Housing, and 
Urban Affairs, and the Committee on Commerce, 
Science, and Transportation of the Senate— 
‘‘(A) a list of all applications determined to 
be eligible for a grant by the Secretary; 
‘‘(B) the quality ratings assigned to each 
application pursuant to subsection (i); 
‘‘(C) a list of applications that received 
final consideration by the Secretary to receive 
an award under this section; 
‘‘(D) each application proposed to be se-
lected for a grant award; 
‘‘(E) proposed grant amounts, including 
for each new multiyear grant agreement, the 
proposed payout schedule for the project; and 
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‘‘(F) an analysis of the impacts of any 
large projects proposed to be selected on exist-
ing commitments and anticipated funding levels 
for the next 4 fiscal years, based on information 
available to the Secretary at the time of the re-
port. 
‘‘(2) COMMITTEE REVIEW.—Before the last day 
of the 60-day period described in paragraph (1), 
each Committee described in paragraph (1) shall re-
view the Secretary’s list of proposed projects. 
‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec-
retary may not make a grant or any other obligation 
or commitment to fund a project under this section 
if a joint resolution is enacted disapproving funding 
for the project before the last day of the 60-day pe-
riod described in paragraph (1). 
‘‘(p) TRANSPARENCY.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after awarding a grant for a project under this sec-
tion, the Secretary shall send to all applicants, and 
publish on the website of the Department of Trans-
portation— 
‘‘(A) a summary of each application made 
to the program for the grant application period; 
and 
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‘‘(B) the evaluation and justification for 
the project selection, including ratings assigned 
to all applications and a list of applications that 
received final consideration by the Secretary to 
receive an award under this section, for the 
grant application period. 
‘‘(2) BRIEFING.—The Secretary shall provide, 
at the request of a grant applicant under this sec-
tion, the opportunity to receive a briefing to explain 
any reasons the grant applicant was not awarded a 
grant. 
‘‘(q) DEFINITIONS.—In this section: 
‘‘(1) AREAS
OF
PERSISTENT
POVERTY.—The 
term ‘areas of persistent poverty’ has the meaning 
given such term in section 172(l). 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a State or a group of States; 
‘‘(B) a unit of local government, including 
a metropolitan planning organization, or a 
group of local governments; 
‘‘(C) a political subdivision of a State or 
local government; 
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‘‘(D) a special purpose district or public 
authority with a transportation function, includ-
ing a port authority; 
‘‘(E) a Tribal government or a consortium 
of Tribal governments; 
‘‘(F) a Federal agency eligible to receive 
funds under section 201, 203, or 204, including 
the Army Corps of Engineers, Bureau of Rec-
lamation, and the Bureau of Land Manage-
ment, that applies jointly with a State or group 
of States; 
‘‘(G) a territory; and 
‘‘(H) a multistate or multijurisdictional 
group of entities described in this paragraph.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
ing the item relating to section 117 and inserting the fol-
lowing: 
‘‘117. Projects of national and regional significance.’’. 
SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT 
GRANT PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, as amended by this title, is further amended 
by adding at the end the following: 
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‘‘§ 173. Community transportation investment grant 
program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a community transportation investment grant pro-
gram to improve surface transportation safety, state of 
good repair, accessibility, and environmental quality 
through infrastructure investments. 
‘‘(b) GRANT AUTHORITY.— 
‘‘(1) IN GENERAL.—In carrying out the pro-
gram established under subsection (a), the Secretary 
shall make grants, on a competitive basis, to eligible 
entities in accordance with this section. 
‘‘(2) GRANT AMOUNT.—The maximum amount 
of a grant under this section shall be $25,000,000. 
‘‘(c) APPLICATIONS.—To be eligible for a grant under 
this section, an eligible entity shall submit to the Secretary 
an application in such form, at such time, and containing 
such information as the Secretary may require. 
‘‘(d) ELIGIBLE PROJECT COSTS.—Grant amounts for 
an eligible project carried out under this section may be 
used for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
design work, and other preconstruction activities; 
and 
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‘‘(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to such land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
‘‘(e) RURAL AND COMMUNITY SETASIDES.— 
‘‘(1) IN
GENERAL.—The Secretary shall re-
serve— 
‘‘(A) not less than 25 percent of the 
amounts made available to carry out this sec-
tion for projects located in rural areas; and 
‘‘(B) not less than 25 percent of the 
amounts made available to carry out this sec-
tion for projects located in urbanized areas with 
a population greater than 49,999 individuals 
and fewer than 200,001 individuals. 
‘‘(2) DEFINITION
OF
RURAL
AREA.—In this 
subsection, the term ‘rural area’ means all areas of 
a State or territory not included in urbanized areas. 
‘‘(3) EXCESS FUNDING.—If the Secretary de-
termines that there are insufficient qualified appli-
cants to use the funds set aside under this sub-
section, the Secretary may use such funds for grants 
for any projects eligible under this section. 
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‘‘(f) EVALUATION.—To evaluate applications under 
this section, the Secretary shall— 
‘‘(1) develop a process to objectively evaluate 
applications on the benefits of the project proposed 
in such application— 
‘‘(A) to transportation safety, including re-
ductions in traffic fatalities and serious injuries; 
‘‘(B) to state of good repair, including im-
proved condition of bridges and pavements; 
‘‘(C) to transportation system access, in-
cluding improved access to jobs and services; 
and 
‘‘(D) in reducing greenhouse gas emis-
sions; 
‘‘(2) develop a rating system to assign a nu-
meric value to each application, based on each of the 
criteria described in paragraph (1); 
‘‘(3) for each application submitted, compare 
the total benefits of the proposed project, as deter-
mined by the rating system developed under para-
graph (2), with the costs of such project, and rank 
each application based on the results of the compari-
son; and 
‘‘(4) ensure that only such applications that are 
ranked highly based on the results of the comparison 
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conducted under paragraph (3) are considered to re-
ceive a grant under this section. 
‘‘(g) WEIGHTING.—In establishing the evaluation 
process under subsection (f), the Secretary may assign dif-
ferent weights to the criteria described in subsection (f)(1) 
based on project type, population served by a project, and 
other context-sensitive considerations, provided that— 
‘‘(1) each application is rated on all criteria de-
scribed in subsection (f)(1); and 
‘‘(2) each application has the same possible 
minimum and maximum rating, regardless of any 
differences in the weighting of criteria. 
‘‘(h) TRANSPARENCY.— 
‘‘(1) PUBLICLY
AVAILABLE
INFORMATION.— 
Prior to the issuance of any notice of funding oppor-
tunity under this section, the Secretary shall make 
publicly available on the website of the Department 
of Transportation a detailed explanation of the eval-
uation and rating process developed under sub-
section (f), including any differences in the 
weighting of criteria pursuant to subsection (g), if 
applicable, and update such website for each revision 
of the evaluation and rating process. 
‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec-
retary shall submit to the Committee on Transpor-
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tation and Infrastructure of the House of Represent-
atives, the Committee on Environment and Public 
Works of the Senate, the Committee on Banking, 
Housing, and Urban Affairs of the Senate, and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate the following written notifica-
tions: 
‘‘(A) A notification when the Secretary 
publishes or updates the information required 
under paragraph (1). 
‘‘(B) Not later than 30 days prior to the 
date on which the Secretary awards a grant 
under this section, a notification that in-
cludes— 
‘‘(i) the ratings of each application 
submitted pursuant to subsection (f)(2); 
‘‘(ii) the ranking of each application 
submitted pursuant to subsection (f)(3); 
and 
‘‘(iii) a list of all applications that re-
ceive final consideration by the Secretary 
to receive an award under this section pur-
suant to subsection (f)(4). 
‘‘(C) Not later than 3 business days prior 
to the date on which the Secretary announces 
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the award of a grant under this section, a noti-
fication describing each grant to be awarded, 
including the amount and the recipient. 
‘‘(i) TECHNICAL
ASSISTANCE.—Of the amounts 
made available to carry out this section, the Secretary may 
reserve up to $3,000,000 to provide technical assistance 
to eligible entities. 
‘‘(j) ADMINISTRATION.—Of the amounts made avail-
able to carry out this section, the Secretary may reserve 
up to $5,000,000 for the administrative costs of carrying 
out the program under this section. 
‘‘(k) TREATMENT OF PROJECTS.— 
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
‘‘(A) the requirements of this title to a 
highway project; 
‘‘(B) the requirements of chapter 53 of 
title 49 to a public transportation project; and 
‘‘(C) the requirements of section 22905 of 
title 49 to a passenger rail or freight rail 
project. 
‘‘(2) MULTIMODAL PROJECTS.— 
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‘‘(A) IN GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
‘‘(i) determine the predominant modal 
component of the project; and 
‘‘(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For 
any 
passenger 
or 
freight rail component of a project, the re-
quirements of section 22907(j)(2) of title 
49 shall apply. 
‘‘(ii) PUBLIC TRANSPORTATION COM-
PONENT.—For any public transportation 
component of a project, the requirements 
of section 5333 of title 49 shall apply. 
‘‘(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of 
this title and sections 5320, 22905(a), and 
24305(f) of title 49 to a multimodal project 
under this paragraph, the Secretary shall— 
‘‘(i) consider the various modal com-
ponents of the project; and 
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‘‘(ii) seek to maximize domestic jobs. 
‘‘(3) 
FEDERAL-AID
HIGHWAY
REQUIRE-
MENTS.—Notwithstanding any other provision of 
this subsection, the Secretary shall require recipients 
of grants under this section to comply with sub-
section (a) of section 113 with respect to public 
transportation projects, passenger rail projects, and 
freight rail projects, in the same manner that recipi-
ents of grants are required to comply with such sub-
section for construction work performed on highway 
projects on Federal-aid highways. 
‘‘(l) TRANSPARENCY.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after awarding a grant for a project under this sec-
tion, the Secretary shall send to all applicants, and 
publish on the website of the Department of Trans-
portation— 
‘‘(A) a summary of each application made 
to the program for the grant application period; 
and 
‘‘(B) the evaluation and justification for 
the project selection, including ratings and 
rankings assigned to all applications and a list 
of applications that received final consideration 
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by the Secretary to receive an award under this 
section, for the grant application period. 
‘‘(2) BRIEFING.—The Secretary shall provide, 
at the request of a grant applicant under this sec-
tion, the opportunity to receive a briefing to explain 
any reasons the grant applicant was not awarded a 
grant. 
‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a metropolitan planning organization; 
‘‘(B) a unit of local government; 
‘‘(C) a transit agency; 
‘‘(D) a Tribal Government or a consortium 
of Tribal governments; 
‘‘(E) a multijurisdictional group of entities 
described in this paragraph; 
‘‘(F) a special purpose district with a 
transportation function or a port authority; 
‘‘(G) a territory; or 
‘‘(H) a State that applies for a grant 
under this section jointly with an entity de-
scribed in subparagraphs (A) through (G). 
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‘‘(2) ELIGIBLE
PROJECT.—The term ‘eligible 
project’ means any project eligible under this title or 
chapter 53 of title 49.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is further amended 
by adding at the end the following new item: 
‘‘173. Community transportation investment grant program.’’. 
SEC. 1303. GRANTS FOR CHARGING AND FUELING INFRA-
STRUCTURE TO MODERNIZE AND RECON-
NECT AMERICA FOR THE 21ST CENTURY. 
(a) PURPOSE.—The purpose of this section is to es-
tablish a grant program to strategically deploy electric ve-
hicle charging infrastructure, natural gas fueling, propane 
fueling, and hydrogen fueling infrastructure along des-
ignated alternative fuel corridors that will be accessible to 
all drivers of electric vehicles, natural gas vehicles, pro-
pane vehicles, and hydrogen vehicles. 
(b) GRANT PROGRAM.—Section 151 of title 23, 
United States Code, is amended— 
(1) in subsection (a) by striking ‘‘Not later 
than 1 year after the date of enactment of the 
FAST Act, the Secretary shall’’ and inserting ‘‘The 
Secretary shall periodically’’; 
(2) in subsection (b)(2) by inserting ‘‘previously 
designated by the Federal Highway Administration 
or’’ after ‘‘fueling corridors’’; 
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(3) in subsection (d)— 
(A) by striking ‘‘5 years after the date of 
establishment of the corridors under subsection 
(a), and every 5 years thereafter’’ and inserting 
‘‘180 days after the date of enactment of the 
INVEST in America Act’’; and 
(B) by inserting ‘‘establish a recurring 
process to regularly’’ after ‘‘the Secretary 
shall’’; 
(4) in subsection (e)— 
(A) in paragraph (1) by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (2)— 
(i) by striking ‘‘establishes an aspira-
tional goal of achieving’’ and inserting ‘‘de-
scribes efforts to achieve’’; and 
(ii) by striking ‘‘by the end of fiscal 
year 2020.’’ and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(3) summarizes best practices and provides 
guidance, developed through consultation with the 
Secretary of Energy, for project development of elec-
tric vehicle charging infrastructure, hydrogen fueling 
infrastructure, and natural gas fueling infrastruc-
ture at the State, tribal, and local level to allow for 
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the predictable deployment of such infrastructure; 
and 
‘‘(4) summarizes the progress and implementa-
tion of the grant program under subsection (f), in-
cluding— 
‘‘(A) a description of how funds awarded 
through the grant program under subsection (f) 
will aid efforts to achieve strategic deployment 
of electric vehicle charging infrastructure, nat-
ural gas fueling, propane fueling, and hydrogen 
fueling infrastructure in those corridors; 
‘‘(B) the total number and location of 
charging and fueling stations installed under 
subsection (f); and 
‘‘(C) the total estimated greenhouse gas 
emissions that have been reduced through the 
use of electric vehicle charging, natural gas 
fueling, propane fueling, or hydrogen fueling in-
frastructure funded under subsection (f) using 
the 
methodology 
identified 
in 
paragraph 
(3)(B).’’; and 
(5) by adding at the end the following: 
‘‘(f) ELECTRIC VEHICLE CHARGING, NATURAL GAS 
FUELING, PROPANE FUELING, AND HYDROGEN FUELING 
INFRASTRUCTURE GRANTS.— 
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‘‘(1) ESTABLISHMENT.—Not later than 1 year 
after the date of enactment of the INVEST in 
America Act, the Secretary shall establish a grant 
program to award grants to eligible entities for elec-
tric vehicle charging, natural gas fueling, propane 
fueling, and hydrogen fueling infrastructure projects. 
‘‘(2) ELIGIBLE ENTITY.—An entity eligible to 
receive a grant under this subsection is— 
‘‘(A) a State (as such term is defined in 
section 401) or political subdivision of a State; 
‘‘(B) a metropolitan planning organization; 
‘‘(C) a unit of local government; 
‘‘(D) a special purpose district or public 
authority with a transportation function, includ-
ing a port authority; 
‘‘(E) a Tribal government; 
‘‘(F) an authority, agency, or instrumen-
tality of, or an entity owned by, one or more of 
the entities described in subparagraphs (A) 
through (E); or 
‘‘(G) a group of entities described in sub-
paragraphs (A) through (F). 
‘‘(3) APPLICATION.—To be eligible to receive a 
grant under this subsection, an eligible entity shall 
submit to the Secretary an application at such time, 
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in such manner, and containing such information as 
the Secretary shall require, including— 
‘‘(A) a description of— 
‘‘(i) the public accessibility of the 
charging or fueling infrastructure proposed 
to be funded with a grant under this sub-
section, including— 
‘‘(I) charging or fueling con-
nector types; 
‘‘(II) publicly available informa-
tion on real-time availability; and 
‘‘(III) payment methods available 
to all members of the public to ensure 
secure, convenient, fair, and equal ac-
cess and not limited by membership to 
a particular provider; 
‘‘(ii) collaborative engagement with 
the entity with jurisdiction over the road-
way and any other relevant stakeholders 
(including automobile manufacturers, utili-
ties, infrastructure providers, technology 
providers, electric charging, natural gas, 
propane, and hydrogen fuel providers, met-
ropolitan planning organizations, States, 
Indian Tribes, units of local government, 
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fleet owners, fleet managers, fuel station 
owners and operators, labor organizations, 
environmental and environmental justice 
organizations, infrastructure construction 
and 
component 
parts 
suppliers, 
and 
multistate and regional entities)— 
‘‘(I) to foster enhanced, coordi-
nated, public-private or private invest-
ment in electric vehicle charging, nat-
ural gas fueling, propane fueling, and 
hydrogen fueling infrastructure; 
‘‘(II) to expand deployment of 
electric vehicle charging, natural gas 
fueling, propane fueling, or hydrogen 
fueling infrastructure; 
‘‘(III) to protect personal privacy 
and ensure cybersecurity; and 
‘‘(IV) to ensure that a properly 
trained workforce is available to con-
struct and install electric vehicle 
charging, natural gas fueling, propane 
fueling, or hydrogen fueling infra-
structure; 
‘‘(iii) the location of the station or 
fueling site, including consideration of— 
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‘‘(I) the availability of onsite 
amenities for vehicle operators, includ-
ing restrooms or food facilities; 
‘‘(II) access in compliance with 
the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
‘‘(III) height and fueling capacity 
requirements for facilities that charge 
or refuel large vehicles, including 
semitrailer trucks; and 
‘‘(IV) appropriate distribution to 
avoid redundancy and fill charging or 
fueling gaps; 
‘‘(iv) infrastructure installation that 
can be responsive to technology advance-
ments, including accommodating autono-
mous vehicles and future charging meth-
ods; 
‘‘(v) the long-term operation and 
maintenance of the electric vehicle charg-
ing or hydrogen fueling infrastructure to 
avoid stranded assets and protect the in-
vestment of public funds in such infra-
structure; and 
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‘‘(vi) in the case of an applicant that 
is not a State department of transpor-
tation, the degree of coordination with the 
applicable State department of transpor-
tation; and 
‘‘(B) an assessment of the estimated 
greenhouse gas emissions and air pollution from 
vehicle emissions that will be reduced through 
the use of electric vehicle charging, natural gas 
fueling, propane fueling, or hydrogen fueling in-
frastructure, which shall be conducted using 
one standardized methodology or tool as deter-
mined by the Secretary. 
‘‘(4) CONSIDERATIONS.—In selecting eligible 
entities to receive a grant under this subsection, the 
Secretary shall— 
‘‘(A) consider the extent to which the ap-
plication of the eligible entity would— 
‘‘(i) reduce estimated greenhouse gas 
emissions and air pollution from vehicle 
emissions, weighted by the total Federal 
investment in the project; 
‘‘(ii) improve alternative fueling cor-
ridor networks by— 
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‘‘(I) converting corridor-pending 
corridors to corridor-ready corridors; 
or 
‘‘(II) in the case of corridor- 
ready corridors, providing additional 
capacity— 
‘‘(aa) to meet excess demand 
for charging or fueling infra-
structure; 
‘‘(bb) to reduce congestion 
at existing charging or fueling in-
frastructure in high-traffic loca-
tions; or 
‘‘(cc) to provide charging 
stations that support charging 
needs for current and future ve-
hicles and minimize future up-
grade costs; 
‘‘(iii) meet current or anticipated mar-
ket demands for charging or fueling infra-
structure, including faster charging speeds; 
‘‘(iv) enable or accelerate the con-
struction of charging or fueling infrastruc-
ture that would be unlikely to be completed 
without Federal assistance; 
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‘‘(v) support a long-term competitive 
market for electric vehicle charging infra-
structure, natural gas fueling, propane 
fueling, or hydrogen fueling infrastructure 
that does not significantly impair existing 
electric vehicle charging or hydrogen fuel-
ing infrastructure providers; 
‘‘(vi) reduce greenhouse gas emissions 
in established goods-movement corridors, 
locations serving first- and last-mile freight 
near ports and freight hubs, and locations 
that optimize infrastructure networks and 
reduce hazardous air pollutants in commu-
nities disproportionately impacted by such 
pollutants; 
‘‘(vii) plans for the use of renewable 
energy sources or zero emissions energy 
sources for the charging or fueling infra-
structure; and 
‘‘(viii) provide publicly available elec-
tric vehicle charging placement and con-
struction in communities in which climate 
change, pollution, or environmental de-
struction have exacerbated systemic racial, 
regional, social, environmental, and eco-
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nomic injustices by disproportionately af-
fecting indigenous peoples, communities of 
color, 
migrant 
communities, 
deindustrialized communities, depopulated 
rural communities, the poor low income 
workers, women, the elderly, the unhoused, 
individuals with disabilities, or youth; and 
‘‘(B) ensure, to the maximum extent prac-
ticable, geographic diversity among grant recipi-
ents to ensure that electric vehicle charging in-
frastructure or hydrogen fueling infrastructure 
is available throughout the United States. 
‘‘(5) USE OF FUNDS.— 
‘‘(A) IN
GENERAL.—Any grant made 
under this subsection shall be— 
‘‘(i) directly related to the charging or 
fueling of a vehicle; and 
‘‘(ii) only for charging or fueling in-
frastructure that is open to the general 
public. 
‘‘(B) LOCATION OF INFRASTRUCTURE.— 
‘‘(i) IN GENERAL.—Any electric vehi-
cle charging, natural gas fueling, propane 
fueling, or hydrogen fueling infrastructure 
acquired and installed with a grant under 
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this subsection shall be located along an al-
ternative fuel corridor designated under 
this section or by a State or group of 
States. 
‘‘(ii) 
EXCEPTION.—Notwithstanding 
clause (i), the Secretary may make a grant 
for electric vehicle charging or hydrogen 
fueling infrastructure not on a designated 
alternative fuel corridor if the applicant 
demonstrates that the proposed charging 
or fueling infrastructure would expand de-
ployment of electric vehicle charging or hy-
drogen fueling to a greater number of 
users than investments on such corridor. 
‘‘(C) OPERATING ASSISTANCE.— 
‘‘(i) IN GENERAL.—Subject to clauses 
(ii) and (iii), an eligible entity that receives 
a grant under this subsection may use a 
portion of the funds for operating assist-
ance for the first 5 years of operations 
after the installation of electric vehicle 
charging, natural gas fueling, propane fuel-
ing, or hydrogen fueling infrastructure 
while the facility transitions to independent 
system operations. 
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‘‘(ii) INCLUSION.—Operating assist-
ance under this subparagraph shall be lim-
ited to costs allocable to operating and 
maintaining the electric vehicle charging, 
natural gas fueling, propane fueling, or hy-
drogen fueling infrastructure and service. 
‘‘(iii) LIMITATION.—Operating assist-
ance under this subparagraph may not ex-
ceed the amount of a contract under sub-
paragraph (A) to acquire and install elec-
tric vehicle charging, natural gas fueling, 
propane fueling, or hydrogen fueling infra-
structure. 
‘‘(D) SIGNS.— 
‘‘(i) IN
GENERAL.—Subject to this 
paragraph and paragraph (6)(B), an eligi-
ble entity that receives a grant under this 
subsection may use a portion of the funds 
to acquire and install— 
‘‘(I) traffic control devices lo-
cated in the right-of-way to provide 
directional information to electric ve-
hicle charging, natural gas fueling, 
propane fueling, or hydrogen fueling 
infrastructure acquired, installed, or 
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operated with the grant under this 
subsection; and 
‘‘(II) on-premises signs to pro-
vide information about electric vehicle 
charging, natural gas fueling, propane 
fueling, or hydrogen fueling infra-
structure acquired, installed, or oper-
ated with a grant under this sub-
section. 
‘‘(ii) 
REQUIREMENT.—Any 
traffic 
control device or on-premises sign ac-
quired, installed, or operated with a grant 
under this subsection shall comply with the 
Manual on Uniform Traffic Control De-
vices, if located in the highway right-of- 
way. 
‘‘(E) REVENUE.—An eligible entity receiv-
ing a grant under this subsection and a private 
entity referred to in subparagraph (F) may 
enter into a cost-sharing agreement under 
which the private entity submits to the eligible 
entity a portion of the revenue from the electric 
vehicle charging, natural gas fueling, propane 
fueling, or hydrogen fueling infrastructure. 
‘‘(F) PRIVATE ENTITY.— 
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‘‘(i) IN GENERAL.—An eligible entity 
receiving a grant under this subsection 
may use the funds in accordance with this 
paragraph to contract with a private entity 
for installation, operation, or maintenance 
of electric vehicle charging, natural gas 
fueling, propane fueling, or hydrogen fuel-
ing infrastructure. 
‘‘(ii) INCLUSION.—An eligible private 
entity includes privately, publicly, or coop-
eratively owned utilities, private electric ve-
hicle service equipment and hydrogen fuel-
ing infrastructure providers, and retail fuel 
stations. 
‘‘(6) PROJECT REQUIREMENTS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, any project funded by a 
grant under this subsection shall be treated as 
a project on a Federal-aid highway. 
‘‘(B) 
ELECTRIC
VEHICLE
CHARGING 
PROJECTS.—A project for electric vehicle charg-
ing infrastructure funded by a grant under this 
subsection shall be subject to the requirements 
of section 155. 
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‘‘(7) FEDERAL SHARE.—The Federal share of 
the cost of a project carried out with a grant under 
this subsection shall not exceed 80 percent of the 
total project cost. 
‘‘(8) STUDY BY THE NATIONAL ACADEMIES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
seek to enter into an agreement with the Na-
tional Academies for the Transportation Re-
search Board of the National Academy of 
Sciences shall— 
‘‘(i) conduct a study on options for fi-
nancing the placement of a national net-
work of publicly available EV charging in-
frastructure along all eligible roads on the 
National Highway System that includes 
consideration of financial instruments and 
optimization of public-private partnerships; 
and 
‘‘(ii) conduct a study to determine the 
maximum distance allowable between pub-
licly available EV charging infrastructure, 
such that— 
‘‘(I) a driver starting at any 
point along an eligible road on the 
National Highway System within the 
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continental United States can drive to 
any other point along an eligible road 
on the National Highway System 
without running out of a charging 
power; and 
‘‘(II) a driver starting at any 
point along an eligible road on the 
National Highway System within Ha-
waii, Alaska, or Puerto Rico can drive 
to any other point along an eligible 
road on the National Highway System 
within that same state or territory 
without running out of charging 
power. 
‘‘(B) SUBMISSION
TO
CONGRESS.—Not 
later than 2 years after the date of enactment 
of this subsection, the Secretary shall submit to 
Congress the results of the studies commis-
sioned under subparagraph (A).’’. 
SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, as amended by this title, is further amended 
by inserting after section 171 the following: 
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‘‘§ 172. Community climate innovation grants 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a community climate innovation grant program (in 
this section referred to as the ‘Program’) to make grants, 
on a competitive basis, for locally selected projects that 
reduce greenhouse gas emissions while improving the mo-
bility, accessibility, and connectivity of the surface trans-
portation system. 
‘‘(b) PURPOSE.—The purpose of the Program shall 
be to support communities in reducing greenhouse gas 
emissions from the surface transportation system. 
‘‘(c) ELIGIBLE APPLICANTS.—The Secretary may 
make grants under the Program to the following entities: 
‘‘(1) A metropolitan planning organization. 
‘‘(2) A unit of local government or a group of 
local governments, or a county or multi-county spe-
cial district. 
‘‘(3) A subdivision of a local government. 
‘‘(4) A transit agency. 
‘‘(5) A special purpose district with a transpor-
tation function or a port authority. 
‘‘(6) A Tribal government or a consortium of 
tribal governments. 
‘‘(7) A territory. 
‘‘(8) A multijurisdictional group of entities de-
scribed in paragraphs (1) through (7). 
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‘‘(d) APPLICATIONS.—To be eligible for a grant 
under the Program, an entity specified in subsection (c) 
shall submit to the Secretary an application in such form, 
at such time, and containing such information as the Sec-
retary determines appropriate. 
‘‘(e) ELIGIBLE PROJECTS.—The Secretary may only 
provide a grant under the Program for a project that is 
expected to yield a significant reduction in greenhouse gas 
emissions from the surface transportation system and— 
‘‘(1) is a project eligible for assistance under 
this title or under chapter 53 of title 49 or supports 
fueling infrastructure for fuels defined under section 
9001(5) of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8101(5)); or 
‘‘(2) is a capital project as defined in section 
22906 of title 49 to improve intercity passenger rail 
that will yield a significant reduction in single occu-
pant vehicle trips and improve mobility on public 
roads. 
‘‘(f) ELIGIBLE USES.—Grant amounts received for a 
project under the Program may be used for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
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design work, and other preconstruction activities; 
and 
‘‘(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
‘‘(g) PROJECT PRIORITIZATION.—In making grants 
for projects under the Program, the Secretary shall give 
priority to projects that are expected to yield the most sig-
nificant reductions in greenhouse gas emissions from the 
surface transportation system. 
‘‘(h) ADDITIONAL
CONSIDERATIONS.—In making 
grants for projects under the Program, the Secretary shall 
consider the extent to which— 
‘‘(1) a project maximizes greenhouse gas reduc-
tions in a cost-effective manner; 
‘‘(2) a project reduces dependence on single-oc-
cupant vehicle trips or provides additional transpor-
tation options; 
‘‘(3) a project improves the connectivity and ac-
cessibility of the surface transportation system, par-
ticularly to low- and zero-emission forms of trans-
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portation, including public transportation, walking, 
and bicycling; 
‘‘(4) an applicant has adequately considered or 
will adequately consider, including through the op-
portunity for public comment, the environmental jus-
tice and equity impacts of the project; 
‘‘(5) a project contributes to geographic diver-
sity among grant recipients, including to achieve a 
balance between urban, suburban, and rural commu-
nities; 
‘‘(6) a project serves low-income residents of 
low-income communities, including areas of per-
sistent poverty, while not displacing such residents; 
‘‘(7) a project uses pavement materials that 
demonstrate reductions in greenhouse gas emissions 
through sequestration or innovative manufacturing 
processes; 
‘‘(8) 
a 
project 
repurposes 
neglected 
or 
underused infrastructure, including abandoned high-
ways, bridges, railways, trail ways, and adjacent 
underused spaces, into new hybrid forms of public 
space that support multiple modes of transportation; 
and 
‘‘(9) a project includes regional multimodal 
transportation system management and operations 
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elements that will improve the effectiveness of such 
project and encourage reduction of single occupancy 
trips by providing the ability of users to plan, use, 
and pay for multimodal transportation alternatives. 
‘‘(i) FUNDING.— 
‘‘(1) 
MAXIMUM
AMOUNT.—The 
maximum 
amount of a grant under the Program shall be 
$25,000,000. 
‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts 
made available to carry out the Program, the Sec-
retary may use up to 1 percent to provide technical 
assistance to applicants and potential applicants. 
‘‘(j) TREATMENT OF PROJECTS.— 
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
‘‘(A) the requirements of this title to a 
highway project; 
‘‘(B) the requirements of chapter 53 of 
title 49 to a public transportation project; and 
‘‘(C) the requirements of section 22905 of 
title 49 to a passenger rail or freight rail 
project. 
‘‘(2) MULTIMODAL PROJECTS.— 
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‘‘(A) IN GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
‘‘(i) determine the predominant modal 
component of the project; and 
‘‘(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For 
any 
passenger 
or 
freight rail component of a project, the re-
quirements of section 22907(j)(2) of title 
49 shall apply. 
‘‘(ii) PUBLIC TRANSPORTATION COM-
PONENT.—For any public transportation 
component of a project, the requirements 
of section 5333 of title 49 shall apply. 
‘‘(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of 
this title and sections 5320, 22905(a), and 
24305(f) of title 49 to a multimodal project 
under this paragraph, the Secretary shall— 
‘‘(i) consider the various modal com-
ponents of the project; and 
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‘‘(ii) seek to maximize domestic jobs. 
‘‘(3) 
FEDERAL-AID
HIGHWAY
REQUIRE-
MENTS.—Notwithstanding any other provision of 
this subsection, the Secretary shall require recipients 
of grants under this section to comply with sub-
section (a) of section 113 with respect to public 
transportation projects, passenger rail projects, and 
freight rail projects, in the same manner that recipi-
ents of grants are required to comply with such sub-
section for construction work performed on highway 
projects on Federal-aid highways. 
‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA-
CILITIES.—None of the funds provided under this section 
may be used for a project that will result in the construc-
tion of new capacity available to single occupant vehicles 
unless the project consists of a high-occupancy vehicle fa-
cility and is consistent with section 166. 
‘‘(l) DEFINITION OF AREAS OF PERSISTENT POV-
ERTY.—In this section, the term ‘areas of persistent pov-
erty’ means— 
‘‘(1) any county that has had 20 percent or 
more of the population of such county living in pov-
erty over the past 30 years, as measured by the 
1990 and 2000 decennial censuses and the most re-
cent Small Area Income and Poverty Estimates; 
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‘‘(2) any census tract with a poverty rate of at 
least 20 percent, as measured by the most recent 5- 
year data series available from the American Com-
munity Survey of the Bureau of the Census for all 
States and Puerto Rico; or 
‘‘(3) any other territory or possession of the 
United States that has had 20 percent or more of 
its population living in poverty over the past 30 
years, as measured by the 1990, 2000, and 2010 is-
land areas decennial censuses, or equivalent data, of 
the Bureau of the Census. 
‘‘(m) PUBLIC COMMENT.—Prior to issuing the notice 
of funding opportunity for funding under this section for 
fiscal year 2022, the Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, 
shall solicit public comment on the method of determining 
the significant reduction in greenhouse gas emissions re-
quired under subsection (e). 
‘‘(n) CONSULTATION.—Prior to making an award 
under this section in a given fiscal year, the Secretary 
shall consult with the Administrator of the Environmental 
Protection Agency to determine which projects are ex-
pected to yield a significant reduction in greenhouse gas 
emissions as required under subsection (e).’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by insert-
ing after the item relating to section 171 the following: 
‘‘172. Community climate innovation grants.’’. 
SEC. 1305. METRO PERFORMANCE PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall directly allocate funds in accordance with this 
section to enhance local decision making and control in 
delivering projects to address local transportation needs. 
(b) DESIGNATION.— 
(1) IN
GENERAL.—The Secretary shall des-
ignate direct recipients based on the criteria in para-
graph (3) to be direct recipients of funds under this 
section. 
(2) RESPONSIBILITIES.—A direct recipient shall 
be responsible for compliance with any requirements 
related to the use of Federal funds vested in a State 
department of transportation under chapter 1 of 
title 23, United States Code. 
(3) CRITERIA.—In designating an applicant 
under this subsection, the Secretary shall consider— 
(A) the legal, financial, and technical ca-
pacity of the applicant; 
(B) the level of coordination between the 
applicant and— 
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(i) the State department of transpor-
tation of the State or States in which the 
metropolitan planning area represented by 
the applicant is located; 
(ii) local governments and providers of 
public transportation within the metropoli-
tan planning area represented by the appli-
cant; and 
(iii) if more than one metropolitan 
planning organization is designated within 
an urbanized area represented by the ap-
plicant, any other such metropolitan plan-
ning organization; 
(C) in the case of an applicant that rep-
resents an urbanized area population of greater 
than 200,000, the effectiveness of project deliv-
ery and timely obligation of funds made avail-
able under section 133(d)(1)(A)(i) of title 23, 
United States Code; 
(D) if the applicant or a local government 
within the metropolitan planning area that the 
applicant represents has been the recipient of a 
discretionary grant from the Secretary within 
the preceding 5 years, the administration of 
such grant; 
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(E) the extent to which the planning and 
decision making process of the applicant, in-
cluding the long-range transportation plan and 
the approved transportation improvement pro-
gram under section 134 of such title, support— 
(i) the performance goals established 
under section 150(b) of such title; and 
(ii) the achievement of metropolitan 
or statewide performance targets estab-
lished under section 150(d) of such title; 
(F) whether the applicant is a designated 
recipient of funds from the Federal Transit Ad-
ministration as described under subsections (A) 
and (B) of section 5302(4) of title 49, United 
States Code; and 
(G) any other criteria established by the 
Secretary. 
(4) REQUIREMENTS.— 
(A) CALL
FOR
NOMINATION.—Not later 
than February 1, 2022, the Secretary shall 
publish in the Federal Register a notice solic-
iting applications for designation under this 
subsection. 
(B) GUIDANCE.—The notification under 
paragraph (1) shall include guidance on the re-
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quirements and responsibilities of a direct re-
cipient under this section, including imple-
menting regulations. 
(C) 
DETERMINATION.—The 
Secretary 
shall make all designations under this section 
for fiscal year 2023 not later than June 1, 
2022. 
(5) TERM.—Except as provided in paragraph 
(6), a designation under this subsection shall— 
(A) be for a period of not less than 5 
years; and 
(B) be renewable. 
(6) TERMINATION.— 
(A) IN GENERAL.—The Secretary shall es-
tablish procedures for the termination of a des-
ignation under this subsection. 
(B) 
CONSIDERATIONS.—In 
establishing 
procedures under subparagraph (A), the Sec-
retary shall consider— 
(i) with respect to projects carried out 
under this section, compliance with the re-
quirements of title 23, United States Code, 
or chapter 53 of title 49, United States 
Code; and 
(ii) the obligation rate of any funds— 
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(I) made available under this sec-
tion; and 
(II) in the case of a metropolitan 
planning organization that represents 
a metropolitan planning area with an 
urbanized area population of greater 
than 200,000, made available under 
section 133(d)(1)(A)(i) of title 23, 
United States Code. 
(c) USE OF FUNDS.— 
(1) ELIGIBLE PROJECTS.—Funds made avail-
able under this section may be obligated for the pur-
poses described in section 133(b) of title 23, United 
States Code. 
(2) ADMINISTRATIVE
EXPENSES
AND
TECH-
NICAL ASSISTANCE.—Of the amounts made available 
under this section, the Secretary may set aside not 
more than $5,000,000 for program management, 
oversight, and technical assistance to direct recipi-
ents. 
(d) RESPONSIBILITIES OF DIRECT RECIPIENTS.— 
(1) DIRECT
AVAILABILITY
OF
FUNDS.—Not-
withstanding title 23, United States Code, the 
amounts made available under this section shall be 
allocated to each direct recipient for obligation. 
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(2) PROJECT DELIVERY.— 
(A) IN
GENERAL.—The direct recipient 
may collaborate with a State, unit of local gov-
ernment, regional entity, or transit agency to 
carry out a project under this section and en-
sure compliance with all applicable Federal re-
quirements. 
(B) STATE AUTHORITY.—The State may 
exercise, on behalf of the direct recipient, any 
available decisionmaking authorities or actions 
assumed from the Secretary. 
(C) USE OF FUNDS.—The direct recipient 
may use amounts made available under this 
section to compensate a State, unit of local gov-
ernment, regional entity, or transit agency for 
costs incurred in providing assistance under 
this paragraph. 
(3) DISTRIBUTION OF AMOUNTS AMONG DIRECT 
RECIPIENTS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), on the first day of the fiscal year for 
which funds are made available under this sec-
tion, the Secretary shall allocate such funds to 
each direct recipient as the proportion of the 
population (as determined by data collected by 
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the Bureau of the Census) of the urbanized 
area represented by any 1 direct recipient bears 
to the total population of all of urbanized areas 
represented by all direct recipients. 
(B) MINIMUM AND MAXIMUM AMOUNTS.— 
Of funds allocated to direct recipients under 
subparagraph (A), each direct recipient shall re-
ceive not less than $10,000,000 and not more 
than $50,000,000 each fiscal year. 
(C) MINIMUM GUARANTEED AMOUNT.—In 
making a determination whether to designate a 
metropolitan planning organization as a direct 
recipient under subsection (b), the Secretary 
shall ensure that each direct recipient receives 
the minimum required allocation under sub-
paragraph (B). 
(D) 
ADDITIONAL
AMOUNTS.—If 
any 
amounts remain undistributed after the dis-
tribution described in this subsection, such re-
maining amounts and an associated amount of 
obligation limitation shall be made available as 
if suballocated under clauses (i) and (ii) of sec-
tion 133(d)(1)(A) of title 23, United States 
Code, and distributed among the States in the 
proportion that the relative shares of the popu-
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lation (as determined by data collected by the 
Bureau of the Census) of the urbanized areas 
of each State bears to the total populations of 
all urbanized areas across all States. 
(4) ASSUMPTION OF RESPONSIBILITY OF THE 
SECRETARY.— 
(A) IN
GENERAL.—For projects carried 
out with funds provided under this section, the 
direct recipient may assume the responsibilities 
of the Secretary under section 106 of title 23, 
United States Code, for design, plans, specifica-
tions, estimates, contract awards, and inspec-
tions with respect to the projects unless the 
Secretary determines that the assumption is not 
appropriate. 
(B) AGREEMENT.—The Secretary and the 
direct recipient shall enter into an agreement 
relating to the extent to which the direct recipi-
ent assumes the responsibilities of the Secretary 
under this paragraph. 
(C) LIMITATIONS.—The Secretary shall re-
tain responsibilities described in subparagraph 
(A) for any project that the Secretary deter-
mines to be in a high-risk category, including 
projects on the National Highway System. 
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(e) EXPENDITURE OF FUNDS.— 
(1) CONSISTENCY WITH METROPOLITAN PLAN-
NING.—Except as otherwise provided in this section, 
programming and expenditure of funds for projects 
under this section shall be consistent with the re-
quirements of section 134 of title 23, United States 
Code, and section 5303 of title 49, United States 
Code. 
(2) SELECTION OF PROJECTS.— 
(A) IN
GENERAL.—Notwithstanding sub-
sections (j)(5) and (k)(4) of section 134 of title 
23, United States Code, or subsections (j)(5) 
and (k)(4) of section 5303 of title 49, United 
States Code, a direct recipient shall select, from 
the approved transportation improvement pro-
gram under such sections, all projects to be 
funded under this section, including projects on 
the National Highway System. 
(B) ELIGIBLE PROJECTS.—The project se-
lection process described in this subsection shall 
apply to all federally funded projects within the 
boundaries of a metropolitan planning area 
served by a direct recipient that are carried out 
under this section. 
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(C) CONSULTATION REQUIRED.—In select-
ing a project under this subsection, the metro-
politan planning organization shall consult 
with— 
(i) in the case of a highway project, 
the State and locality in which such project 
is located; and 
(ii) in the case of a transit project, 
any affected public transportation oper-
ator. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to limit the ability of a di-
rect recipient to partner with a State department of 
transportation or other recipient of Federal funds 
under title 23, United States Code, or chapter 53 of 
title 49, United States Code, to carry out a project. 
(f) TREATMENT OF FUNDS.— 
(1) IN GENERAL.—Except as provided in this 
section, funds made available to carry out this sec-
tion shall be administered as if apportioned under 
chapter 1 of title 23, United States Code. 
(2) FEDERAL SHARE.—The Federal share of 
the cost of a project carried out under this section 
shall be determined in accordance with section 120 
of title 23, United States Code. 
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(g) REPORT.— 
(1) DIRECT
RECIPIENT
REPORT.—Not later 
than 60 days after the end of each fiscal year, each 
direct recipient shall submit to the Secretary a re-
port that includes— 
(A) a list of projects funded with amounts 
provided under this section; 
(B) a description of any obstacles to com-
plete projects or timely obligation of funds; and 
(C) recommendations to improve the effec-
tiveness of the program under this section. 
(2) REPORT TO CONGRESS.—Not later than Oc-
tober 1, 2024, the Secretary shall submit to the 
Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a re-
port that— 
(A) summarizes the findings of each direct 
recipient provided under paragraph (1); 
(B) describes the efforts undertaken by 
both direct recipients and the Secretary to en-
sure compliance with the requirements of title 
23 and chapter 53 of title 49, United States 
Code; 
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(C) analyzes the capacity of direct recipi-
ents to receive direct allocations of funds under 
chapter 1 of title 23, United States Code; and 
(D) provides recommendations from the 
Secretary to— 
(i) improve the administration, over-
sight, and performance of the program es-
tablished under this section; 
(ii) improve the effectiveness of direct 
recipients to complete projects and obligate 
funds in a timely manner; and 
(iii) evaluate options to expand the 
authority provided under this section, in-
cluding to allow for the direct allocation to 
metropolitan planning organizations of 
funds made available to carry out clause 
(i) or (ii) of section 133(d)(1)(A) of title 
23, United States Code. 
(3) UPDATE.—Not less frequently than every 2 
years, the Secretary shall update the report de-
scribed in paragraph (2). 
(h) DEFINITIONS.— 
(1) DIRECT RECIPIENT.—In this section, the 
term ‘‘direct recipient’’ means a metropolitan plan-
ning organization designated by the Secretary as 
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high-performing under subsection (b) and that was 
directly allocated funds as described in subsection 
(d). 
(2) METROPOLITAN
PLANNING
AREA.—The 
term ‘‘metropolitan planning area’’ has the meaning 
given such term in section 134 of title 23, United 
States Code. 
(3) 
METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘‘metropolitan planning organiza-
tion’’ has the meaning given such term in section 
134 of title 23, United States Code. 
(4) NATIONAL
HIGHWAY
SYSTEM.—The term 
‘‘National Highway System’’ has the meaning given 
such term in section 101 of title 23, United States 
Code. 
(5) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 101 of title 23, 
United States Code. 
(6) URBANIZED AREA.—The term ‘‘urbanized 
area’’ has the meaning given such term in section 
134 of title 23, United States Code. 
SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a gridlock reduction program to 
make grants, on a competitive basis, for projects to re-
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duce, and mitigate the adverse impacts of, traffic conges-
tion. 
(b) APPLICATIONS.—To be eligible for a grant under 
this section, an applicant shall submit to the Secretary an 
application in such form, at such time, and containing 
such information as the Secretary determines appropriate. 
(c) ELIGIBLE
APPLICANTS.—The Secretary may 
make grants under this section to an applicant that is 
serving a combined statistical area, as defined by the Of-
fice of Management and Budget, with a population of not 
less than 1,300,000 and that is— 
(1) a metropolitan planning organization; 
(2) a unit of local government or a group of 
local governments; 
(3) a multijurisdictional group of entities de-
scribed in paragraphs (1) and (2); 
(4) a special purpose district or public authority 
with a transportation function, including a port au-
thority; or 
(5) a State that is in partnership with an entity 
or group of entities described in paragraph (1), (2), 
or (3). 
(d) ELIGIBLE PROJECTS.—The Secretary may award 
grants under this section to applicants that submit a com-
prehensive program of surface transportation-related 
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projects to reduce traffic congestion and related adverse 
impacts, including a project for one or more of the fol-
lowing: 
(1) Transportation systems management and 
operations. 
(2) Intelligent transportation systems. 
(3) Real-time traveler information. 
(4) Traffic incident management. 
(5) Active traffic management. 
(6) Traffic signal timing. 
(7) Multimodal travel payment systems. 
(8) Transportation demand management, in-
cluding employer-based commuting programs such 
as carpool, vanpool, transit benefit, parking cashout, 
shuttle, or telework programs. 
(9) A project to provide transportation options 
to reduce traffic congestion, including— 
(A) a project under chapter 53 of title 49, 
United States Code; 
(B) a bicycle or pedestrian project, includ-
ing a project to provide safe and connected ac-
tive transportation networks; and 
(C) a surface transportation project car-
ried out in accordance with the national travel 
and tourism infrastructure strategic plan under 
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section 1431(e) of the FAST Act (49 U.S.C. 
301 note). 
(10) Any other project, as determined appro-
priate by the Secretary. 
(e) AWARD PRIORITIZATION.— 
(1) IN
GENERAL.—In selecting grants under 
this section, the Secretary shall prioritize applicants 
serving urbanized areas, as described in subsection 
(c), that are experiencing a high degree of recurrent 
transportation congestion, as determined by the Sec-
retary. 
(2) ADDITIONAL CONSIDERATIONS.—In select-
ing grants under this section, the Secretary shall 
also consider the extent to which the project 
would— 
(A) reduce traffic congestion and improve 
the reliability of the surface transportation sys-
tem; 
(B) mitigate the adverse impacts of traffic 
congestion on the surface transportation sys-
tem, including safety and environmental im-
pacts; 
(C) maximize the use of existing capacity; 
and 
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(D) employ innovative, integrated, and 
multimodal solutions to the items described in 
subparagraphs (A), (B), and (C). 
(f) FEDERAL SHARE.— 
(1) IN GENERAL.—The Federal share of the 
cost of a project carried out under this section may 
not exceed 60 percent. 
(2) MAXIMUM FEDERAL SHARE.—Federal as-
sistance other than a grant for a project under this 
section may be used to satisfy the non-Federal share 
of the cost of such project, except that the total Fed-
eral assistance provided for a project receiving a 
grant under this section may not exceed 80 percent 
of the total project cost. 
(g) USE OF FUNDS.—Funds made available for a 
project under this section may be used for— 
(1) development phase activities, including plan-
ning, feasibility analysis, revenue forecasting, envi-
ronmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
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quisition of equipment, and operational improve-
ments. 
(h) FUNDING.— 
(1) GRANT AMOUNT.—A grant under this sec-
tion shall be in an amount not less than 
$10,000,000 and not more than $50,000,000. 
(2) 
AVAILABILITY.—Funds 
made 
available 
under this program shall be available until expended. 
(i) FREIGHT PROJECT SET-ASIDE.— 
(1) IN GENERAL.—The Secretary shall set aside 
not less than 50 percent of the funds made available 
to carry out this section for grants for freight 
projects under this subsection. 
(2) ELIGIBLE USES.—The Secretary shall pro-
vide funds set aside under this subsection to appli-
cants that submit a comprehensive program of sur-
face 
transportation-related 
projects 
to 
reduce 
freight-related traffic congestion and related adverse 
impacts, including— 
(A) freight intelligent transportation sys-
tems; 
(B) real-time freight parking information; 
(C) real-time freight routing information; 
(D) freight transportation and delivery 
safety projects; 
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(E) first-mile and last-mile delivery solu-
tions; 
(F) shifting freight delivery to off-peak 
travel times; 
(G) reducing greenhouse gas emissions and 
air pollution from freight transportation and 
delivery, including through the use of innovative 
vehicles that produce fewer greenhouse gas 
emissions; 
(H) use of centralized delivery locations; 
(I) designated freight vehicle parking and 
staging areas; 
(J) curb space management; and 
(K) other projects, as determined appro-
priate by the Secretary. 
(3) AWARD PRIORITIZATION.— 
(A) IN GENERAL.—In providing funds set 
aside under this section, the Secretary shall 
prioritize applicants serving urbanized areas, as 
described in subsection (c), that are experi-
encing a high degree of recurrent congestion 
due to freight transportation, as determined by 
the Secretary. 
(B) ADDITIONAL
CONSIDERATIONS.—In 
providing funds set aside under this subsection, 
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the Secretary shall consider the extent to which 
the proposed project— 
(i) reduces freight-related traffic con-
gestion and improves the reliability of the 
freight transportation system; 
(ii) mitigates the adverse impacts of 
freight-related traffic congestion on the 
surface transportation system, including 
safety and environmental impacts; 
(iii) maximizes the use of existing ca-
pacity; 
(iv) employs innovative, integrated, 
and multimodal solutions to the items de-
scribed in clauses (i) through (iii); 
(v) leverages Federal funds with non- 
Federal contributions; and 
(vi) integrates regional multimodal 
transportation 
management 
and 
oper-
ational projects that address both pas-
senger and freight congestion. 
(4) FLEXIBILITY.—If the Secretary determines 
that there are insufficient qualified applicants to use 
the funds set aside under this subsection, the Sec-
retary may use such funds for grants for any 
projects eligible under this section. 
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(j) REPORT.— 
(1) RECIPIENT REPORT.—The Secretary shall 
ensure that not later than 2 years after the Sec-
retary awards grants under this section, the recipi-
ent of each such grant submits to the Secretary a 
report that contains— 
(A) information on each activity or project 
that received funding under this section; 
(B) a summary of any non-Federal re-
sources leveraged by a grant under this section; 
(C) any statistics, measurements, or quan-
titative assessments that demonstrate the con-
gestion reduction, reliability, safety, and envi-
ronmental benefits achieved through activities 
or projects that received funding under this sec-
tion; and 
(D) any additional information required by 
the Secretary. 
(2) REPORT TO CONGRESS.—Not later than 9 
months after the date specified in paragraph (1), the 
Secretary shall submit to the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and 
Public Works, the Committee on Commerce, Science, 
and Transportation, and the Committee on Banking, 
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Housing, and Urban Affairs of the Senate, and 
make publicly available on a website, a report detail-
ing— 
(A) a summary of any information pro-
vided under paragraph (1); and 
(B) recommendations and best practices 
to— 
(i) reduce traffic congestion, including 
freight-related traffic congestion, and im-
prove the reliability of the surface trans-
portation system; 
(ii) mitigate the adverse impacts of 
traffic congestion, including freight-related 
traffic congestion, on the surface transpor-
tation system, including safety and envi-
ronmental impacts; and 
(iii) employ innovative, integrated, 
and multimodal solutions to the items de-
scribed in clauses (i) and (ii). 
(k) NOTIFICATION.—Not later than 3 business days 
before awarding a grant under this section, the Secretary 
shall notify the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Environment and Public Works, the Committee 
on Commerce, Science, and Transportation, and the Com-
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mittee on Banking, Housing, and Urban Affairs of the 
Senate of the intention to award such a grant. 
(l) TREATMENT OF PROJECTS.— 
(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
(A) the requirements of title 23, United 
States Code, to a highway project; 
(B) the requirements of chapter 53 of title 
49, United States Code, to a public transpor-
tation project; and 
(C) the requirements of section 22905 of 
title 49, United States Code, to a passenger rail 
or freight rail project. 
(2) MULTIMODAL PROJECTS.— 
(A) IN
GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
(i) determine the predominant modal 
component of the project; and 
(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
(B) EXCEPTIONS.— 
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(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For 
any 
passenger 
or 
freight rail component of a project, the re-
quirements of section 22907(j)(2) of title 
49, United States Code, shall apply. 
(ii) PUBLIC TRANSPORTATION COMPO-
NENT.—For any public transportation 
component of a project, the requirements 
of section 5333 of title 49, United States 
Code, shall apply. 
(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of 
title 23, United States Code, and sections 5320, 
22905(a), and 24305(f) of title 49, United 
States Code, to a multimodal project under this 
paragraph, the Secretary shall— 
(i) consider the various modal compo-
nents of the project; and 
(ii) seek to maximize domestic jobs. 
(3) FEDERAL-AID HIGHWAY REQUIREMENTS.— 
Notwithstanding any other provision of this sub-
section, the Secretary shall require recipients of 
grants under this section to comply with subsection 
(a) of section 113 of title 23, United States Code, 
with respect to public transportation projects, pas-
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senger rail projects, and freight rail projects, in the 
same manner that recipients of grants are required 
to comply with such subsection for construction 
work performed on highway projects on Federal-aid 
highways. 
(m) TREATMENT OF FUNDS.—Except as provided in 
subsection (l), funds authorized for the purposes described 
in this section shall be available for obligation in the same 
manner as if the funds were apportioned under chapter 
1 of title 23, United States Code. 
SEC. 1307. REBUILD RURAL GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a rebuild rural grant program to im-
prove the safety, state of good repair, and connectivity of 
transportation infrastructure in rural communities. 
(b) GRANT AUTHORITY.— 
(1) IN GENERAL.—In carrying out the program 
established in subsection (a), the Secretary shall 
make grants, on a competitive basis, in accordance 
with this section. 
(2) GRANT AMOUNT.—A grant made under this 
program shall be for no more than $25,000,000. 
(c) ELIGIBLE
APPLICANTS.—The Secretary may 
make a grant under this section to— 
(1) a State; 
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(2) a metropolitan planning organization or a 
regional transportation planning organization; 
(3) a unit of local government; 
(4) a Federal land management agency; 
(5) a Tribal government or a consortium of 
Tribal governments; 
(6) a territory; and 
(7) a multijurisdictional group of entities de-
scribed in this subsection. 
(d) APPLICATIONS.—To be eligible for a grant under 
this section, an entity specified under subsection (c) shall 
submit to the Secretary an application in such form, at 
such time, and containing such information as the Sec-
retary determines is appropriate. 
(e) ELIGIBLE PROJECTS.—The Secretary shall pro-
vide grants under this section to projects eligible under 
title 23, United States Code, including projects on and off 
the Federal-aid highway system, that improve safety, state 
of good repair, or connectivity in a rural community, in-
cluding projects to— 
(1) improve transportation safety, including 
projects on high-risk rural roads and on Federal 
lands; 
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(2) improve state of good repair, including 
projects to repair and rehabilitate bridges on and off 
the Federal-aid highway system; 
(3) provide or increase access to jobs and serv-
ices; 
(4) provide or increase access to— 
(A) a grain elevator; 
(B) an agricultural facility; 
(C) a mining facility; 
(D) a forestry facility; 
(E) an intermodal facility; 
(F) travel or tourism destinations; or 
(G) any other facility that supports the 
economy of a rural community; and 
(5) reduce vehicle-wildlife collisions and improve 
habitat connectivity. 
(f) ELIGIBLE PROJECT COSTS.—Grant amounts for 
a project under this section may be used for— 
(1) development phase activities, including plan-
ning, feasibility analysis, revenue forecasting, envi-
ronmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
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ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
(g) FEDERAL SHARE.— 
(1) IN GENERAL.—The share of the cost of a 
project provided with a grant under this section may 
not exceed 80 percent of the total cost of such 
project. 
(2) MAXIMUM FEDERAL ASSISTANCE.—Federal 
assistance other than a grant under this section may 
be used to satisfy up to 100 percent of the total cost 
of such project. 
(h) PRIORITY.—In making grants under this section, 
the Secretary shall prioritize projects that address— 
(1) significant transportation safety challenges; 
(2) state of good repair challenges that pose 
safety risks or risks to a local economy; 
(3) economic development challenges; 
(4) connectivity challenges that limit access to 
jobs or services; and 
(5) coordination of projects in the highway 
right-of-way with proposed broadband service infra-
structure needs. 
(i) NOTIFICATION.—Not later than 3 business days 
before awarding a grant under this section, the Secretary 
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of Transportation shall notify the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate of the intention to award such a grant. 
(j) TREATMENT
OF PROJECTS.—Notwithstanding 
any other provision of law, a project carried out under this 
section shall be treated as if the project is located on a 
Federal-aid highway. 
(k) DEFINITION OF RURAL COMMUNITY.—In this 
section, the term ‘‘rural community’’ means an area that 
is not an urbanized area, as such term is defined in section 
101(a) of title 23, United States Code. 
SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a program under which the Secretary 
shall make grants, on a competitive basis, to eligible enti-
ties to address the shortage of parking for commercial 
motor vehicles to improve the safety of commercial motor 
vehicle operators. 
(b) APPLICATIONS.—To be eligible for a grant under 
this section, an eligible entity shall submit to the Secretary 
an application in such form, at such time, and containing 
such information as the Secretary may require. 
(c) ELIGIBLE PROJECTS.—Projects eligible under 
this section are projects that— 
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(1) construct safety rest areas that include 
parking for commercial motor vehicles; 
(2) construct commercial motor vehicle parking 
facilities— 
(A) adjacent to private commercial truck-
stops and travel plazas; 
(B) within the boundaries of, or adjacent 
to, a publicly owned freight facility, including a 
port terminal operated by a public authority; 
and 
(C) at existing facilities, including inspec-
tion and weigh stations and park-and-ride loca-
tions; 
(3) open existing weigh stations, safety rest 
areas, and park-and-ride facilities to commercial 
motor vehicle parking; 
(4) facilitate access to publicly and privately 
provided commercial motor vehicle parking, such as 
through the use of intelligent transportation sys-
tems; 
(5) construct turnouts along a Federal-aid 
highway for commercial motor vehicles; 
(6) make capital improvements to public com-
mercial motor vehicle parking facilities that are 
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closed on a seasonal basis to allow the facilities to 
remain open year-round; 
(7) open existing commercial motor vehicle 
chain-up areas that are closed on a seasonal basis to 
allow the facilities to remain open year-round for 
commercial motor vehicle parking; 
(8) address commercial motor vehicle parking 
and layover needs in emergencies that strain the ca-
pacity of existing publicly and privately provided 
commercial motor vehicle parking; and 
(9) make improvements to existing commercial 
motor vehicle parking facilities, including advanced 
truckstop electrification systems. 
(d) USE OF FUNDS.— 
(1) IN GENERAL.—An eligible entity may use a 
grant under this section for— 
(A) development phase activities, including 
planning, feasibility analysis, benefit-cost anal-
ysis, environmental review, preliminary engi-
neering 
and 
design 
work, 
and 
other 
preconstruction activities necessary to advance 
a project described in subsection (c); and 
(B) construction and operational improve-
ments, as such terms are defined in section 101 
of title 23, United States Code. 
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(2) PRIVATE SECTOR PARTICIPATION.—An eli-
gible entity that receives a grant under this section 
may partner with a private entity to carry out an eli-
gible project under this section. 
(3) LIMITATION.—Not more than 10 percent of 
the amounts made available to carry out this section 
may be used to promote the availability of existing 
commercial motor vehicle parking. 
(e) SELECTION CRITERIA.—In making grants under 
this section, the Secretary shall consider— 
(1) in the case of construction of new commer-
cial motor vehicle parking capacity, the shortage of 
public and private commercial motor vehicle parking 
near the project; and 
(2) the extent to which each project— 
(A) would increase commercial motor vehi-
cle parking capacity or utilization; 
(B) would facilitate the efficient movement 
of freight; 
(C) would improve safety, traffic conges-
tion, and air quality; 
(D) is cost effective; and 
(E) reflects consultation with motor car-
riers, commercial motor vehicle operators, and 
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private providers of commercial motor vehicle 
parking. 
(f) NOTIFICATION OF CONGRESS.—Not later than 3 
business days before announcing a project selected to re-
ceive a grant under this section, the Secretary of Trans-
portation shall notify the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the 
Senate of the intention to award such a grant. 
(g) TREATMENT OF FUNDS.— 
(1) 
TREATMENT
OF
PROJECTS.—Notwith-
standing any other provision of law, any project 
funded by a grant under this section shall be treated 
as a project on a Federal-aid highway under chapter 
1 of title 23, United States Code. 
(2) FEDERAL SHARE.—The Federal share of 
the cost of a project under this section shall be de-
termined in accordance with subsections (b) and (c) 
of section 120 of title 23, United States Code. 
(h) PROHIBITION ON CHARGING FEES.—To be eligi-
ble for a grant under this section, an eligible entity shall 
certify that no fees will be charged for the use of a project 
assisted with such grant. 
(i) AMENDMENT TO MAP–21.—Section 1401(c)(1) 
of MAP–21 (23 U.S.C. 137 note) is amended— 
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(1) by inserting ‘‘and private providers of com-
mercial motor vehicle parking’’ after ‘‘personnel’’; 
and 
(2) in subparagraph (A) by striking ‘‘the capa-
bility of the State to provide’’ and inserting ‘‘the 
availability of’’. 
(j) SURVEY; COMPARATIVE ASSESSMENT; REPORT.— 
(1) UPDATE.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall 
update the survey of each State required under sec-
tion 1401(c)(1) of the MAP–21 (23 U.S.C. 137 
note). 
(2) REPORT.—Not later than 1 year after the 
deadline under paragraph (1), the Secretary shall 
publish on the website of the Department of Trans-
portation a report that— 
(A) evaluates the availability of adequate 
parking and rest facilities for commercial motor 
vehicles engaged in interstate transportation; 
(B) evaluates the effectiveness of the 
projects funded under this section in improving 
access to commercial motor vehicle parking; and 
(C) reports on the progress being made to 
provide adequate commercial motor vehicle 
parking facilities in the State. 
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(3) CONSULTATION.—The Secretary shall pre-
pare the report required under paragraph (2) in con-
sultation with— 
(A) relevant State motor carrier safety 
personnel; 
(B) motor carriers and commercial motor 
vehicle operators; and 
(C) private providers of commercial motor 
vehicle parking. 
(k) DEFINITIONS.—In this section: 
(1) COMMERCIAL MOTOR VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given 
such term in section 31132 of title 49, United 
States Code. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State; 
(B) a metropolitan planning organization; 
(C) a unit of local government; 
(D) a political subdivision of a State or 
local government carrying out responsibilities 
relating to commercial motor vehicle parking; 
and 
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(E) a multistate or multijurisdictional 
group of entities described in subparagraphs 
(A) through (D). 
(3) SAFETY
REST
AREA.—The term ‘‘safety 
rest area’’ has the meaning given such term in sec-
tion 120(c) of title 23, United States Code. 
SEC. 
1309. 
ACTIVE 
TRANSPORTATION 
CONNECTIVITY 
GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish an active transportation connectivity 
grant program to provide for safe and connected active 
transportation facilities. 
(b) GRANT AUTHORITY.—In carrying out the pro-
gram established in subsection (a), the Secretary shall 
make grants, on a competitive basis, in accordance with 
this section. 
(c) ELIGIBLE
APPLICANTS.—The Secretary may 
make a grant under this section to— 
(1) a State; 
(2) a metropolitan planning organization; 
(3) a regional transportation authority; 
(4) a unit of local government, including a 
county or multi-county special district; 
(5) a Federal land management agency; 
(6) a natural resource or public land agency; 
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(7) a Tribal government or a consortium of 
Tribal governments; 
(8) any local or regional governmental entity 
with responsibility for or oversight of transportation 
or recreational trails; and 
(9) a multistate or multijurisdictional group of 
entities described in this subsection. 
(d) APPLICATIONS.—To be eligible for a grant under 
this section, an entity specified under subsection (c) shall 
submit to the Secretary an application in such form, at 
such time, and containing such information as the Sec-
retary determines is appropriate. 
(e) ELIGIBLE PROJECTS.—The Secretary shall pro-
vide grants under this section to projects that improve the 
connectivity and the use of active transportation facili-
ties— 
(1) including— 
(A) active transportation networks; 
(B) active transportation spines; and 
(C) planning related to the development 
of— 
(i) active transportation networks; 
(ii) active transportation spines; and 
(iii) complete streets plans to create a 
connected network of active transportation 
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facilities, including sidewalks, bikeways, or 
pedestrian and bicycle trails; and 
(2) that have— 
(A) total project costs of not less than 
$15,000,000; or 
(B) in the case of planning grants under 
subsection (f), a total cost of not less than 
$100,000. 
(f) PLANNING GRANTS.—Of the amounts made avail-
able to carry out this section, the Secretary may use not 
more than 10 percent to provide planning grants to eligi-
ble applicants for activities under subsection (e)(1)(C). 
(g) CONSIDERATIONS.—In making grants under this 
section, the Secretary shall consider the extent to which— 
(1) a project is likely to provide substantial ad-
ditional opportunities for walking and bicycling, in-
cluding through the creation of— 
(A) active transportation networks con-
necting destinations within or between commu-
nities, including schools, workplaces, residences, 
businesses, recreation areas, and other commu-
nity areas; and 
(B) active transportation spines connecting 
two or more communities, metropolitan areas, 
or States; 
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(2) an applicant has adequately considered or 
will consider, including through the opportunity for 
public comment, the environmental justice and eq-
uity impacts of the project; 
(3) the project would improve safety for vulner-
able road users, including through the use of com-
plete street design policies or a safe system ap-
proach; and 
(4) a project integrates active transportation fa-
cilities with public transportation services, where 
available, to improve access to public transportation. 
(h) LIMITATION.— 
(1) IN GENERAL.—The share of the cost of a 
project assisted with a grant under this section may 
not exceed 80 percent. 
(2) MAXIMUM FEDERAL ASSISTANCE.—Federal 
assistance other than a grant under this section may 
be used to satisfy up to 100 percent of the total 
project cost. 
(i) ELIGIBLE
PROJECT
COSTS.—Amounts made 
available for a project under this section may be used 
for— 
(1) development phase activities, including plan-
ning, feasibility analysis, revenue forecasting, envi-
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ronmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
(j) NOTIFICATION.—Not later than 3 business days 
before awarding a grant under this section, the Secretary 
of Transportation shall notify the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate of the intention to award such a grant. 
(k) TREATMENT
OF PROJECTS.—Notwithstanding 
any other provision of law, a project carried out under this 
section shall be treated in the manner described under sec-
tion 133(i) of title 23, United States Code. 
(l) DEFINITIONS.—In this section: 
(1) ACTIVE TRANSPORTATION.—The term ‘‘ac-
tive transportation’’ means mobility options powered 
primarily by human energy, including bicycling and 
walking. 
(2) ACTIVE TRANSPORTATION NETWORK.—The 
term ‘‘active transportation network’’ means facili-
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ties built for active transportation, including side-
walks, bikeways, and pedestrian and bicycle trails, 
that connect destinations within a community, a 
metropolitan area, or on Federal lands. 
(3) ACTIVE
TRANSPORTATION
SPINE.—The 
term ‘‘active transportation spine’’ means facilities 
built for active transportation, including sidewalks, 
bikeways, and pedestrian and bicycle trails, that con-
nect communities, metropolitan areas, Federal lands, 
or States. 
(4) SAFE SYSTEM APPROACH.—The term ‘‘safe 
system approach’’ has the meaning given such term 
in section 148(a) of title 23, United States Code. 
(5) VULNERABLE ROAD USER.—The term ‘‘vul-
nerable road user’’ has the meaning given such term 
in section 148(a) of title 23, United States Code. 
Subtitle D—Planning, Performance 
Management, and Asset Man-
agement 
SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING. 
Section 134 of title 23, United States Code, is 
amended— 
(1) in subsection (a) by striking ‘‘resiliency 
needs while minimizing transportation-related fuel 
consumption and air pollution’’ and inserting ‘‘resil-
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ience and climate change adaptation needs while re-
ducing transportation-related fuel consumption, air 
pollution, and greenhouse gas emissions’’; 
(2) in subsection (b)— 
(A) by redesignating paragraphs (6) and 
(7) as paragraphs (7) and (8), respectively; and 
(B) by inserting after paragraph (5) the 
following: 
‘‘(6) STIP.—The term ‘STIP’ means a state-
wide transportation improvement program developed 
by a State under section 135(g).’’; 
(3) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘and 
transportation improvement programs’’ and in-
serting ‘‘and TIPs’’; and 
(B) by adding at the end the following: 
‘‘(4) CONSIDERATION.—In developing the plans 
and TIPs, metropolitan planning organizations shall 
consider direct and indirect emissions of greenhouse 
gases.’’; 
(4) in subsection (d)— 
(A) in paragraph (2) by striking ‘‘Not 
later than 2 years after the date of enactment 
of MAP–21, each’’ and inserting ‘‘Each’’; 
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(B) in paragraph (3) by adding at the end 
the following: 
‘‘(D) CONSIDERATIONS.— 
‘‘(i) EQUITABLE AND PROPORTIONAL 
REPRESENTATION.—In designating offi-
cials or representatives under paragraph 
(2), the metropolitan planning organization 
shall consider the equitable and propor-
tional representation of the population of 
the metropolitan planning area. 
‘‘(ii) SAVINGS
CLAUSE.—Nothing in 
this paragraph shall require a metropolitan 
planning organization in existence on the 
date of enactment of this subparagraph to 
be restructured. 
‘‘(iii) 
REDESIGNATION.—Notwith-
standing clause (ii), the requirements of 
this paragraph shall apply to any metro-
politan planning organization redesignated 
under paragraph (6).’’; 
(C) in paragraph (6)(B) by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraphs (2) or 
(3)(D)’’; and 
(D) in paragraph (7)— 
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(i) by striking ‘‘an existing metropoli-
tan planning area’’ and inserting ‘‘an ur-
banized area’’; and 
(ii) by striking ‘‘the existing metro-
politan planning area’’ and inserting ‘‘the 
area’’; 
(5) in subsection (g)— 
(A) in paragraph (1) by striking ‘‘a metro-
politan area’’ and inserting ‘‘an urbanized 
area’’; 
(B) in paragraph (2) by striking ‘‘MPOS’’ 
and 
inserting 
‘‘METROPOLITAN
PLANNING 
AREAS’’; 
(C) in paragraph (3)(A) by inserting 
‘‘emergency response and evacuation, climate 
change adaptation and resilience,’’ after ‘‘dis-
aster risk reduction,’’; and 
(D) by adding at the end the following: 
‘‘(4) COORDINATION BETWEEN MPOS.— 
‘‘(A) IN GENERAL.—If more than one met-
ropolitan planning organization is designated 
within an urbanized area under subsection 
(d)(7), the metropolitan planning organizations 
designated within the area shall ensure, to the 
maximum extent practicable, the consistency of 
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any data used in the planning process, includ-
ing information used in forecasting transpor-
tation demand. 
‘‘(B) SAVINGS CLAUSE.—Nothing in this 
paragraph requires metropolitan planning orga-
nizations designated within a single urbanized 
area to jointly develop planning documents, in-
cluding a unified long-range transportation plan 
or unified TIP.’’; 
(6) in subsection (h)(1)— 
(A) by striking subparagraph (E) and in-
serting the following: 
‘‘(E) protect and enhance the environment, 
promote energy conservation, reduce greenhouse 
gas emissions, improve the quality of life and 
public health, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns, including housing and land use pat-
terns;’’; 
(B) in subparagraph (I)— 
(i) by inserting ‘‘, sea level rise, ex-
treme weather, and climate change’’ after 
‘‘stormwater’’; and 
(ii) by striking ‘‘and’’ at the end; 
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(C) by redesignating subparagraph (J) as 
subparagraph (M); and 
(D) by inserting after subparagraph (I) the 
following: 
‘‘(J) facilitate emergency management, re-
sponse, and evacuation and hazard mitigation; 
‘‘(K) improve the level of transportation 
system access; 
‘‘(L) support inclusive zoning policies and 
land use planning practices that incentivize af-
fordable, elastic, and diverse housing supply, fa-
cilitate long-term economic growth by improving 
the accessibility of housing to jobs, and prevent 
high housing costs from displacing economically 
disadvantaged households; and’’; 
(7) in subsection (h)(2) by striking subpara-
graph (A) and inserting the following: 
‘‘(A) IN GENERAL.—Through the use of a 
performance-based approach, transportation in-
vestment decisions made as a part of the metro-
politan transportation planning process shall 
support the national goals described in section 
150(b), the achievement of metropolitan and 
statewide targets established under section 
150(d), the improvement of transportation sys-
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tem access (consistent with section 150(f)), and 
the general purposes described in section 5301 
of title 49.’’; 
(8) in subsection (i)— 
(A) in paragraph (2)(D)(i) by inserting 
‘‘reduce greenhouse gas emissions and’’ before 
‘‘restore and maintain’’; 
(B) in paragraph (2)(G) by inserting ‘‘and 
climate change’’ after ‘‘infrastructure to natural 
disasters’’; 
(C) in paragraph (2)(H) by inserting 
‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 
(D) in paragraph (5)— 
(i) in subparagraph (A) by inserting 
‘‘air quality, public health, housing, trans-
portation, resilience, hazard mitigation, 
emergency management,’’ after ‘‘conserva-
tion,’’; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) ISSUES.—The consultation shall in-
volve, as appropriate, comparison of transpor-
tation plans to other relevant plans, including, 
if available— 
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‘‘(i) State conservation plans or maps; 
and 
‘‘(ii) inventories of natural or historic 
resources.’’; and 
(E) by amending paragraph (6)(C) to read 
as follows: 
‘‘(C) METHODS.— 
‘‘(i) IN
GENERAL.—In carrying out 
subparagraph (A), the metropolitan plan-
ning organization shall, to the maximum 
extent practicable— 
‘‘(I) hold any public meetings at 
convenient and accessible locations 
and times; 
‘‘(II) employ visualization tech-
niques to describe plans; and 
‘‘(III) make public information 
available in electronically accessible 
format and means, such as the inter-
net, as appropriate to afford reason-
able opportunity for consideration of 
public information under subpara-
graph (A). 
‘‘(ii) ADDITIONAL METHODS.—In ad-
dition to the methods described in clause 
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(i), in carrying out subparagraph (A), the 
metropolitan planning organization shall, 
to the maximum extent practicable— 
‘‘(I) use virtual public involve-
ment, social media, and other web- 
based tools to encourage public par-
ticipation and solicit public feedback; 
and 
‘‘(II) use other methods, as ap-
propriate, to further encourage public 
participation of historically underrep-
resented individuals in the transpor-
tation planning process.’’; 
(9) in subsection (j) by striking ‘‘transportation 
improvement program’’ and inserting ‘‘TIP’’ each 
place it appears; and 
(10) by striking ‘‘Federally’’ each place it ap-
pears and inserting ‘‘federally’’. 
SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
Section 135 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
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(A) in paragraph (1) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘The statewide trans-
portation plan and the’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The statewide trans-
portation plan and the’’; 
(ii) by striking ‘‘transportation im-
provement 
program’’ 
and 
inserting 
‘‘STIP’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) CONSIDERATION.—In developing the 
statewide transportation plans and STIPs, 
States shall consider direct and indirect emis-
sions of greenhouse gases.’’; and 
(C) in paragraph (3) by striking ‘‘trans-
portation improvement program’’ and inserting 
‘‘STIP’’; 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (E)— 
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(I) by inserting ‘‘reduce green-
house gas emissions,’’ after ‘‘promote 
energy conservation,’’; 
(II) by inserting ‘‘and public 
health’’ after ‘‘improve the quality of 
life’’; and 
(III) by inserting ‘‘, including 
housing and land use patterns’’ after 
‘‘economic development patterns’’; 
(ii) in subparagraph (I)— 
(I) by inserting ‘‘, sea level rise, 
extreme weather, and climate change’’ 
after ‘‘mitigate stormwater’’; and 
(II) by striking ‘‘and’’ after the 
semicolon; 
(iii) by redesignating subparagraph 
(J) as subparagraph (M); and 
(iv) by inserting after subparagraph 
(I) the following: 
‘‘(J) facilitate emergency management, re-
sponse, and evacuation and hazard mitigation; 
‘‘(K) improve the level of transportation 
system access; 
‘‘(L) support inclusive zoning policies and 
land use planning practices that incentivize af-
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fordable, elastic, and diverse housing supply, fa-
cilitate long-term economic growth by improving 
the accessibility of housing to jobs, and prevent 
high housing costs from displacing economically 
disadvantaged households; and’’; 
(B) in paragraph (2)— 
(i) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) IN GENERAL.—Through the use of a 
performance-based approach, transportation in-
vestment decisions made as a part of the state-
wide transportation planning process shall sup-
port— 
‘‘(i) the national goals described in 
section 150(b); 
‘‘(ii) the consideration of transpor-
tation system access (consistent with sec-
tion 150(f)); 
‘‘(iii) the achievement of statewide 
targets established under section 150(d); 
and 
‘‘(iv) the general purposes described 
in section 5301 of title 49.’’; and 
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(ii) in subparagraph (D) by striking 
‘‘statewide 
transportation 
improvement 
program’’ and inserting ‘‘STIP’’; and 
(C) in paragraph (3) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(3) in subsection (e)(3) by striking ‘‘transpor-
tation 
improvement 
program’’ 
and 
inserting 
‘‘STIP’’; 
(4) in subsection (f)— 
(A) in paragraph (2)(D)— 
(i) in clause (i) by inserting ‘‘air qual-
ity, public health, housing, transportation, 
resilience, hazard mitigation, emergency 
management,’’ after ‘‘conservation,’’; and 
(ii) by amending clause (ii) to read as 
follows: 
‘‘(ii) COMPARISON
AND
CONSIDER-
ATION.—Consultation 
under 
clause 
(i) 
shall involve the comparison of transpor-
tation plans to other relevant plans and in-
ventories, including, if available— 
‘‘(I) State and tribal conservation 
plans or maps; and 
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‘‘(II) inventories of natural or 
historic resources.’’; 
(B) in paragraph (3)(B)— 
(i) by striking ‘‘In carrying out’’ and 
inserting the following: 
‘‘(i) IN GENERAL.—in carrying out’’; 
(ii) 
by 
redesignating 
clauses 
(i) 
through (iv) as subclauses (I) through 
(IV), respectively; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) ADDITIONAL METHODS.—In ad-
dition to the methods described in clause 
(i), in carrying out subparagraph (A), the 
State shall, to the maximum extent prac-
ticable— 
‘‘(I) use virtual public involve-
ment, social media, and other web- 
based tools to encourage public par-
ticipation and solicit public feedback; 
and 
‘‘(II) use other methods, as ap-
propriate, to further encourage public 
participation of historically underrep-
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resented individuals in the transpor-
tation planning process.’’; 
(C) in paragraph (4)(A) by inserting ‘‘re-
duce greenhouse gas emissions and’’ after ‘‘po-
tential to’’; and 
(D) in paragraph (8) by inserting ‘‘green-
house gas emissions,’’ after ‘‘pollution,’’; 
(5) in subsection (g)— 
(A) in paragraph (1)(A) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(B) in paragraph (3) by striking ‘‘opera-
tors),,’’ and inserting ‘‘operators),’’; 
(C) in paragraph (4) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’ each place it appears; 
(D) in paragraph (5)— 
(i) in subparagraph (A) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(ii) in subparagraph (B)(ii) by strik-
ing ‘‘metropolitan transportation improve-
ment program’’ and inserting ‘‘TIP’’; 
(iii) in subparagraph (C) by striking 
‘‘transportation 
improvement 
program’’ 
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and inserting ‘‘STIP’’ each place it ap-
pears; 
(iv) in subparagraph (E) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(v) in subparagraph (F)(i) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’ each place it ap-
pears; 
(vi) in subparagraph (G)(ii) by strik-
ing ‘‘transportation improvement program’’ 
and inserting ‘‘STIP’’; and 
(vii) in subparagraph (H) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(E) in paragraph (6)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘transportation 
improvement program’’ and inserting 
‘‘STIP’’; and 
(II) by striking ‘‘and projects 
carried out under the bridge program 
or the Interstate maintenance pro-
gram’’; and 
(ii) in subparagraph (B)— 
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(I) by striking ‘‘or under the 
bridge program or the Interstate 
maintenance program’’; 
(II) by striking ‘‘5310, 5311, 
5316, and 5317’’ and inserting ‘‘5310 
and 5311’’; and 
(III) 
by 
striking 
‘‘statewide 
transportation improvement program’’ 
and inserting ‘‘STIP’’; 
(F) in paragraph (7)— 
(i) in the heading by striking ‘‘TRANS-
PORTATION IMPROVEMENT PROGRAM’’ and 
inserting ‘‘STIP’’; and 
(ii) by striking ‘‘transportation im-
provement 
program’’ 
and 
inserting 
‘‘STIP’’; 
(G) in paragraph (8) by striking ‘‘state-
wide transportation plans and programs’’ and 
inserting ‘‘statewide transportation plans and 
STIPs’’; and 
(H) in paragraph (9) by striking ‘‘trans-
portation improvement program’’ and inserting 
‘‘STIP’’; 
(6) in subsection (h)(2)(A) by striking ‘‘Not 
later than 5 years after the date of enactment of the 
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MAP–21,’’ and inserting ‘‘Not less frequently than 
once every 4 years,’’; 
(7) in subsection (k) by striking ‘‘transportation 
improvement program’’ and inserting ‘‘STIP’’ each 
place it appears; and 
(8) in subsection (m) by striking ‘‘transpor-
tation 
improvement 
programs’’ 
and 
inserting 
‘‘STIPs’’. 
SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGE-
MENT MEASURES. 
(a) IN GENERAL.—Section 150 of title 23, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) by redesignating paragraph (7) as 
paragraph (8); and 
(B) by inserting after paragraph (6) the 
following: 
‘‘(7) COMBATING
CLIMATE
CHANGE.—To re-
duce carbon dioxide and other greenhouse gas emis-
sions and reduce the climate impacts of the trans-
portation system.’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘Not 
later than 18 months after the date of enact-
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ment of the MAP–21, the Secretary’’ and in-
serting ‘‘The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec-
retary shall establish, in consultation with the Ad-
ministrator of the Environmental Protection Agency, 
measures for States to use to assess— 
‘‘(A) carbon dioxide emissions per capita 
on public roads; and 
‘‘(B) any other greenhouse gas emissions 
per capita on public roads that the Secretary 
determines to be appropriate.’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Not later than 1 year 
after the Secretary has promulgated the 
final rulemaking under subsection (c), 
each’’ and inserting ‘‘Each’’; and 
(ii) by striking ‘‘and (6)’’ and insert-
ing ‘‘(6), and (7)’’; and 
(B) by adding at the end the following: 
‘‘(3) REGRESSIVE TARGETS.— 
‘‘(A) IN GENERAL.—A State may not es-
tablish a regressive target for the measures de-
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scribed under paragraph (4) or paragraph (7) 
of subsection (c). 
‘‘(B) REGRESSIVE TARGET DEFINED.—In 
this paragraph, the term ‘regressive target’ 
means a target that fails to demonstrate con-
stant or improved performance for a particular 
measure.’’; 
(4) in subsection (e)— 
(A) by striking ‘‘Not later than 4 years 
after the date of enactment of the MAP–21 and 
biennially thereafter, a’’ and inserting ‘‘A’’; and 
(B) by inserting ‘‘biennial’’ after ‘‘the Sec-
retary a’’; and 
(5) by adding at the end the following: 
‘‘(f) TRANSPORTATION SYSTEM ACCESS.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish measures for States and metropolitan planning 
organizations to use to assess the level of safe, reli-
able, and convenient transportation system access 
to— 
‘‘(A) employment; and 
‘‘(B) services. 
‘‘(2) CONSIDERATIONS.—The measures estab-
lished pursuant to paragraph (1) shall include the 
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ability for States and metropolitan planning organi-
zations to assess— 
‘‘(A) the change in the level of transpor-
tation system access for various modes of trav-
el, including connection to other modes of 
transportation, that would result from new 
transportation investments; 
‘‘(B) the level of transportation system ac-
cess for economically disadvantaged commu-
nities, including to affordable housing; and 
‘‘(C) the extent to which transportation ac-
cess is impacted by zoning policies and land use 
planning practices that effect the affordability, 
elasticity, and diversity of the housing supply. 
‘‘(3) DEFINITION OF SERVICES.—In this sub-
section, the term ‘services’ includes healthcare facili-
ties, child care, education and workforce training, 
food sources, banking and other financial institu-
tions, and other retail shopping establishments.’’. 
(b) METROPOLITAN TRANSPORTATION PLANNING.— 
Section 134 of title 23, United States Code, is further 
amended— 
(1) in subsection (j)(2)(D)— 
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(A) by striking ‘‘PERFORMANCE
TARGET 
ACHIEVEMENT’’ in the heading and inserting 
‘‘PERFORMANCE MANAGEMENT’’; 
(B) by striking ‘‘The TIP’’ and inserting 
the following: 
‘‘(i) IN GENERAL.—The TIP’’; and 
(C) by adding at the end the following: 
‘‘(ii) TRANSPORTATION MANAGEMENT 
AREAS.—For metropolitan planning areas 
that represent an urbanized area des-
ignated as a transportation management 
area under subsection (k), the TIP shall 
include— 
‘‘(I) a discussion of the antici-
pated effect of the TIP toward achiev-
ing the performance targets estab-
lished in the metropolitan transpor-
tation plan, linking investment prior-
ities to such performance targets; and 
‘‘(II) a description of how the 
TIP would improve the overall level of 
transportation system access, con-
sistent with section 150(f).’’; 
(2) in subsection (k)— 
(A) in paragraph (3)(A)— 
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(i) by striking ‘‘shall address conges-
tion management’’ and inserting the fol-
lowing: ‘‘shall address— 
‘‘(i) congestion management’’; 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) the overall level of transportation 
system access for various modes of travel 
within the metropolitan planning area, in-
cluding the level of access for economically 
disadvantaged 
communities, 
consistent 
with section 150(f), that is based on a co-
operatively developed and implemented 
metropolitan-wide strategy, assessing both 
new and existing transportation facilities 
eligible for funding under this title and 
chapter 53 of title 49.’’; and 
(B) in paragraph (5)(B)— 
(i) in clause (i) by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) in clause (ii) by striking the pe-
riod and inserting ‘‘; and’’; and 
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(iii) by adding at the end the fol-
lowing: 
‘‘(iii) the TIP approved under clause 
(ii) improves the level of transportation 
system access, consistent with section 
150(f).’’; and 
(3) in subsection (l)(2)— 
(A) by striking ‘‘5 years after the date of 
enactment of the MAP–21’’ and inserting ‘‘2 
years after the date of enactment of the IN-
VEST in America Act, and every 2 years there-
after’’; 
(B) in subparagraph (C) by striking ‘‘and 
whether metropolitan planning organizations 
are developing meaningful performance targets; 
and’’ and inserting a semicolon; and 
(C) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) a listing of all metropolitan planning 
organizations that are establishing performance 
targets and whether such performance targets 
established by the metropolitan planning orga-
nization are meaningful or regressive (as de-
fined in section 150(d)(3)(B)); and 
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‘‘(E) the progress of implementing the 
measure established under section 150(f).’’. 
(c) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
TATION PLANNING.—Section 135(g)(4) of title 23, United 
States Code, is further amended— 
(1) 
by 
striking 
‘‘PERFORMANCE
TARGET 
ACHIEVEMENT’’ in the heading and inserting ‘‘PER-
FORMANCE MANAGEMENT’’; 
(2) by striking ‘‘shall include, to the maximum 
extent practicable, a discussion’’ and inserting the 
following: ‘‘shall include— 
‘‘(A) a discussion’’; 
(3) by striking the period at the end and insert-
ing ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(B) a consideration of how the STIP im-
pacts the overall level of transportation system 
access, consistent with section 150(f).’’. 
(d) EFFECTIVE DATE.—The amendment made by 
subsection (a)(3)(B) shall take effect 1 year before the 
subsequent State target and reporting deadlines estab-
lished pursuant to section 150 of title 23, United States 
Code. 
(e) DEVELOPMENT
OF GREENHOUSE GAS MEAS-
URE.—Not later than 1 year after the date of enactment 
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of this Act, the Secretary of Transportation shall issue 
such regulations as are necessary to carry out paragraph 
(7) of section 150(c) of title 23, United States Code, as 
added by this Act. 
(f) DEVELOPMENT
OF TRANSPORTATION SYSTEM 
ACCESS MEASURE.— 
(1) ESTABLISHMENT.—Not later than 120 days 
after the date of enactment of this Act, the Sec-
retary of Transportation shall establish a working 
group to assess the provisions of paragraphs (1) and 
(2) of section 150(f) and make recommendations re-
garding the establishment of measures for States 
and metropolitan planning organizations to use to 
assess the level of transportation system access for 
various modes of travel, consistent with section 
150(f) of title 23, United States Code. 
(2) MEMBERS.—The working group established 
pursuant to paragraph (1) shall include representa-
tives from— 
(A) the Department of Transportation; 
(B) State departments of transportation, 
including representatives that specialize in pe-
destrian and bicycle safety; 
(C) the Bureau of Transportation Statis-
tics; 
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(D) metropolitan planning organizations 
representing transportation management areas 
(as those terms are defined in section 134 of 
title 23, United States Code); 
(E) other metropolitan planning organiza-
tions or local governments; 
(F) providers of public transportation; 
(G) nonprofit entities related to transpor-
tation, including relevant safety groups; 
(H) experts in the field of transportation 
access data; and 
(I) any other stakeholders, as determined 
by the Secretary. 
(3) REPORT.— 
(A) SUBMISSION.—Not later than 1 year 
after the establishment of the working group 
pursuant to paragraph (1), the working group 
shall submit to the Secretary a report of rec-
ommendations regarding the establishment of 
measures for States and metropolitan planning 
organizations to use to assess the level of trans-
portation system access, consistent with section 
150(f) of title 23, United States Code. 
(B) PUBLICATION.—Not later than 30 
days after the date on which the Secretary re-
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ceives the report under subparagraph (A), the 
Secretary shall publish the report on a publicly 
accessible website of the Department of Trans-
portation. 
(4) RULEMAKING.—Not later than 2 years after 
the date on which the Secretary receives the report 
under paragraph (3), the Secretary shall issue such 
regulations as are necessary to implement the re-
quirements of section 150(f) of title 23, United 
States Code. 
(5) TERMINATION.—The Secretary shall termi-
nate the working group established pursuant to 
paragraph (1) on the date on which the regulation 
issued pursuant to paragraph (4) takes effect. 
(g) TRANSPORTATION SYSTEM ACCESS DATA.— 
(1) IN GENERAL.—Not later than 90 days after 
the date on which the Secretary of Transportation 
establishes the measure required under section 
150(f) of title 23, United States Code, the Secretary 
shall develop or procure eligible transportation sys-
tem access data sets and analytical tools and make 
such data sets and analytical tools available to State 
departments of transportation and metropolitan 
planning areas that represent transportation man-
agement areas. 
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(2) REQUIREMENTS.—An eligible transpor-
tation system access data set and analytical tool 
shall have the following characteristics: 
(A) The ability to quantify the level of 
safe, reliable, and convenient transportation 
system access to— 
(i) employment; 
(ii) services; and 
(iii) connections to other modes of 
transportation. 
(B) The ability to quantify transportation 
system access for various modes of travel, in-
cluding— 
(i) driving; 
(ii) public transportation; 
(iii) walking (including conveyance for 
persons with disabilities); and 
(iv) cycling (including micromobility). 
(C) The ability to disaggregate the level of 
transportation system access by various trans-
portation modes by a variety of population cat-
egories, including— 
(i) low-income populations; 
(ii) minority populations; 
(iii) age; 
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(iv) disability; and 
(v) geographical location. 
(D) The ability to assess the change in the 
level of transportation system access that would 
result from new transportation investments. 
(3) CONSIDERATION.—An eligible transpor-
tation system access data set and analytical tool 
shall take into consideration safe and connected net-
works for walking, cycling, and persons with disabil-
ities. 
(h) DEFINITIONS.—In this section: 
(1) TRANSPORTATION
SYSTEM
ACCESS.—The 
term ‘‘transportation system access’’ has the mean-
ing given such term in section 101 of title 23, 
United States Code. 
(2) SERVICES.—The term ‘‘services’’ has the 
meaning given such term in section 150(f) of title 
23, United States Code. 
SEC. 1404. TRANSPORTATION DEMAND DATA AND MOD-
ELING STUDY. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall conduct a study on transportation de-
mand data and modeling, including transportation 
demand forecasting, and make recommendations for 
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developing and utilizing transportation and traffic 
demand models with a demonstrated record of accu-
racy. 
(2) CONTENTS.—In carrying out the study 
under this section, the Secretary shall— 
(A) collect observed transportation demand 
data and transportation demand forecasts from 
States and metropolitan planning organizations, 
including data and forecasts on— 
(i) traffic counts; 
(ii) transportation mode share and 
public transportation ridership; and 
(iii) vehicle occupancy measures; 
(B) compare the transportation demand 
forecasts with the observed transportation de-
mand data gathered under subparagraph (A), 
including an analysis of the level of accuracy of 
forecasts and possible reasons for large discrep-
ancies; and 
(C) use the information described in sub-
paragraphs (A) and (B) to— 
(i) develop best practices and guid-
ance for States and metropolitan planning 
organizations to use in forecasting trans-
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portation demand for future investments in 
transportation improvements; 
(ii) evaluate the impact of transpor-
tation investments, including new roadway 
capacity, on transportation behavior and 
transportation demand, including public 
transportation ridership, induced highway 
transportation, and congestion; 
(iii) support more accurate transpor-
tation demand forecasting by States and 
metropolitan planning organizations; 
(iv) enhance the capacity of States 
and metropolitan planning organizations 
to— 
(I) forecast transportation de-
mand; and 
(II) track observed transpor-
tation behavior responses, including 
induced transportation, to changes in 
transportation capacity, pricing, and 
land use patterns; and 
(v) develop transportation demand 
management strategies to maximize the ef-
ficiency of the transportation system, im-
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prove mobility, reduce congestion, and 
lower vehicle emissions. 
(3) COVERED ENTITIES.—In carrying out the 
study under this section, the Secretary shall ensure 
that data and forecasts described in paragraph 
(2)(A) are collected from— 
(A) States; 
(B) metropolitan planning organizations 
that serve an area with a population of 200,000 
people or fewer; and 
(C) metropolitan planning organizations 
that serve an area with a population of over 
200,000 people. 
(4) WORKING WITH THE PRIVATE SECTOR.—In 
carrying out this section, the Secretary may, and is 
encouraged to, procure additional data as necessary 
from university transportation centers, private sector 
providers, and other entities as is needed and may 
use funds authorized under section 503(b) of title 
23, United States Code, for carrying out this para-
graph. 
(5) 
WORKING
WITH
AFFECTED
COMMU-
NITIES.—In carrying out this section, the Secretary 
shall consult with, and collect data and input from, 
representatives of— 
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(A) the Department of Transportation; 
(B) State departments of transportation; 
(C) metropolitan planning organizations; 
(D) local governments; 
(E) providers of public transportation; 
(F) nonprofit entities related to transpor-
tation, including safety, cycling, disability, and 
equity groups; and 
(G) any other stakeholders, as determined 
by the Secretary. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report containing the findings of the study 
conducted under subsection (a). 
(c) SECRETARIAL SUPPORT.—The Secretary shall 
seek opportunities to support the transportation planning 
processes under sections 134 and 135 of title 23, United 
States Code, through the provision of data to States and 
metropolitan planning organizations to improve the qual-
ity of transportation plans, models, and demand forecasts. 
(d) UPDATE GUIDANCE AND REGULATIONS.—The 
Secretary shall— 
(1) update Department of Transportation guid-
ance and procedures to utilize best practices docu-
mented throughout the Federal program; and 
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(2) ensure that best practices included in the 
report are incorporated into appropriate regulations 
as such regulations are updated. 
(e) CONTINUING
IMPROVEMENT.—The Secretary 
shall set out a process to repeat the study under this sec-
tion every 2 years as part of the conditions and perform-
ance report, including— 
(1) progress in the accuracy of model projec-
tions; 
(2) further recommendations for improvement; 
and 
(3) further changes to guidance, regulation, and 
procedures required for the Department of Trans-
portation to adopt best practices. 
SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANS-
PORTATION PLANS. 
Not later than 1 year after the date of enactment 
of 
this 
Act, 
the 
Secretary 
shall 
amend 
section 
450.324(f)(11)(v) of title 23, Code of Federal Regulations, 
to ensure that the outer years of a metropolitan transpor-
tation plan are defined as ‘‘beyond the first 4 years’’. 
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Subtitle E—Federal Lands, Tribes, 
and Territories 
SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PRO-
GRAM. 
Section 165 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) 
in 
paragraph 
(1) 
by 
striking 
‘‘$158,000,000’’ and inserting ‘‘$210,000,000’’; 
and 
(B) 
in 
paragraph 
(2) 
by 
striking 
‘‘$42,000,000’’ and inserting ‘‘$100,000,000’’; 
(2) in subsection (c)(6)(A)(iii) by striking ‘‘in 
accordance with subsections (b) and (c) of section 
129’’ and inserting ‘‘including such boats, facilities, 
and approaches that are privately or majority-pri-
vately owned, provided that such boats, facilities, 
and approaches provide a substantial public ben-
efit’’; and 
(3) by adding at the end the following: 
‘‘(d) PARTICIPATION OF TERRITORIES IN DISCRE-
TIONARY PROGRAMS.—For any program in which the Sec-
retary may allocate funds out of the Highway Trust Fund 
(other than the Mass Transit Account) to a State at the 
discretion of the Secretary, the Secretary may allocate 
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funds to one or more territory for any project or activity 
that otherwise would be eligible under such program if 
such project or activity was being carried out in a State.’’. 
SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. 
Section 202 of title 23, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) in paragraph (1) by striking ‘‘improv-
ing deficient’’ and inserting ‘‘the construction 
and reconstruction of’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A) by inserting 
‘‘construct,’’ after ‘‘project to’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘deficient’’; and 
(II) by inserting ‘‘in poor condi-
tion’’ after ‘‘facility bridges’’; and 
(C) in paragraph (3)— 
(i) in the heading by striking ‘‘ELIGI-
BLE BRIDGES’’ and inserting ‘‘ELIGIBILITY 
FOR EXISTING BRIDGES’’; 
(ii) by striking ‘‘a bridge’’ and insert-
ing ‘‘an existing bridge’’; and 
(iii) in subparagraph (C) by striking 
‘‘structurally deficient or functionally obso-
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lete’’ and inserting ‘‘in poor condition’’; 
and 
(2) in subsection (e) by striking ‘‘for eligible 
projects described in section 148(a)(4).’’ and insert-
ing the following: ‘‘for— 
‘‘(A) eligible projects described in section 
148(a)(4); 
‘‘(B) projects to promote public awareness 
and education concerning highway safety mat-
ters (including bicycle, all-terrain, motorcyclist, 
and pedestrian safety); or 
‘‘(C) projects to enforce highway safety 
laws.’’. 
SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 
(a) TRIBAL TRANSPORTATION PROGRAM.—Section 
202 of title 23, United States Code, is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 
Before making any distribution under subsection (b), the 
Secretary shall set aside $50,000,000 from the funds 
made available under the tribal transportation program 
for each fiscal year to carry out the Tribal High Priority 
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Projects program under section 1123 of MAP–21 (23 
U.S.C. 202 note).’’. 
(b) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 
Section 1123 of MAP–21 (23 U.S.C. 202 note) is amend-
ed— 
(1) in subsection (a)(1)(C) by striking ‘‘re-
quired by that section’’ and inserting ‘‘required 
under such program’’; 
(2) in subsection (b)(1) by striking ‘‘use 
amounts made available under subsection (h) to’’; 
(3) in subsection (d)— 
(A) in paragraph (2) by inserting ‘‘, in 
consultation with the Secretary of the Interior,’’ 
after ‘‘The Secretary’’; and 
(B) in paragraph (3) by striking ‘‘of the 
Interior’’ each place it appears; 
(4) in subsection (f) by striking ‘‘$1,000,000’’ 
and inserting ‘‘$5,000,000’’; 
(5) in subsection (g) by striking ‘‘and the Sec-
retary’’ and inserting ‘‘or the Secretary’’; and 
(6) by striking subsection (h) and inserting the 
following: 
‘‘(h) ADMINISTRATION.—The funds made available to 
carry out this section shall be administered in the same 
manner as funds made available for the Tribal transpor-
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tation program under section 202 of title 23, United 
States Code.’’. 
SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM. 
(a) IN GENERAL.—Section 203(a) of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(6) TRANSFER
FOR
HIGH-COMMUTER
COR-
RIDORS.— 
‘‘(A) REQUEST.—If the head of a covered 
agency determines that a high-commuter cor-
ridor requires additional investment, based on 
the criteria described in subparagraph (D), the 
head of a covered agency, with respect to such 
corridor, shall submit to the State— 
‘‘(i) information on condition of pave-
ments and bridges; 
‘‘(ii) an estimate of the amounts need-
ed to bring such corridor into a state of 
good repair, taking into consideration any 
planned future investments; and 
‘‘(iii) at the discretion of the head of 
a covered agency, a request that the State 
transfer to the covered agency, under the 
authority of section 132 or section 204, or 
to the Federal Highway Administration, 
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under the authority of section 104, a por-
tion of such amounts necessary to address 
the condition of the corridor. 
‘‘(B) STATE
RESPONSE.—Not later than 
45 days after the date of receipt of the request 
described in subparagraph (A)(iii), the State 
shall— 
‘‘(i) approve the request; 
‘‘(ii) deny the request and explain the 
reasons for such denial; or 
‘‘(iii) request any additional informa-
tion necessary to take action on the re-
quest. 
‘‘(C) 
NOTIFICATION
TO
THE
SEC-
RETARY.—The head of a covered agency shall 
provide to the Secretary a copy of any request 
described under subparagraph (A)(iii) and re-
sponse described under subparagraph (B). 
‘‘(D) CRITERIA.—In making a determina-
tion under subparagraph (A), the head of a cov-
ered agency, with respect to the corridor, shall 
consider— 
‘‘(i) the condition of roads, bridges, 
and tunnels; and 
‘‘(ii) the average annual daily traffic. 
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‘‘(E) DEFINITIONS.—In this paragraph: 
‘‘(i) COVERED
AGENCY.—The term 
‘covered agency’ means a Federal agency 
eligible to receive funds under this section, 
section 203, or section 204, including the 
Army Corps of Engineers, Bureau of Rec-
lamation, and the Bureau of Land Man-
agement. 
‘‘(ii) HIGH-COMMUTER
CORRIDOR.— 
The term ‘high-commuter corridor’ means 
a highway, bridge, or other transportation 
facility for which title and maintenance re-
sponsibility is vested in the Federal Gov-
ernment that has average annual daily 
traffic of not less than 20,000 vehicles.’’. 
(b) GAO STUDY REGARDING NPS MAINTENANCE.— 
(1) STUDY.—The Comptroller General of the 
United States shall study the National Park Service 
maintenance prioritization of Federal lands trans-
portation facilities. 
(2) CONTENTS.—At minimum, the study under 
paragraph (1) shall examine— 
(A) general administrative maintenance of 
the National Park Service; 
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(B) how the National Park Service cur-
rently prioritizes maintenance of Federal facili-
ties covered under the Federal Lands Transpor-
tation Program; 
(C) what kind of maintenance the National 
Parkway Service is performing; 
(D) to what degree does the National Park 
Service prioritize high-commuter corridors; and 
(E) how the National Park Service can 
better service the needs of high commuter cor-
ridors. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller Gen-
eral shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Environment and Pub-
lic Works of the Senate a report summarizing the 
study and the results of such study, including rec-
ommendations for addressing the maintenance needs 
and prioritization of high-commuter corridors. 
(4) DEFINITION
OF
HIGH-COMMUTER
COR-
RIDOR.—In this section, the term ‘‘high-commuter 
corridor’’ means a Federal lands transportation fa-
cility that has average annual daily traffic of not less 
than 20,000 vehicles. 
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SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS 
PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United 
States Code, is amended by inserting after section 207 the 
following: 
‘‘§ 208. Federal lands and Tribal major projects pro-
gram 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a Federal lands and Tribal major projects program 
(referred to in this section as the ‘program’) to provide 
funding to construct, reconstruct, or rehabilitate critical 
Federal lands and Tribal transportation infrastructure. 
‘‘(b) ELIGIBLE APPLICANTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), entities eligible to receive funds under 
sections 201, 202, 203, and 204 may apply for fund-
ing under the program. 
‘‘(2) SPECIAL RULE.—A State, county, or unit 
of local government may only apply for funding 
under the program if sponsored by an eligible Fed-
eral land management agency or Indian Tribe. 
‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 
the program shall be on a Federal lands transportation 
facility, a Federal lands access transportation facility, or 
a tribal transportation facility, except that such facility is 
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not required to be included in an inventory described in 
section 202 or 203, and for which— 
‘‘(1) the project— 
‘‘(A) has completed the activities required 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) which has been 
demonstrated through— 
‘‘(i) a record of decision with respect 
to the project; 
‘‘(ii) a finding that the project has no 
significant impact; or 
‘‘(iii) a determination that the project 
is categorically excluded; or 
‘‘(B) is reasonably expected to begin con-
struction not later than 18 months after the 
date of obligation of funds for the project; and 
‘‘(2) the project has an estimated cost equal to 
or exceeding— 
‘‘(A) $12,500,000 if it is on a Federal 
lands transportation facility or a Federal lands 
access transportation facility; and 
‘‘(B) $5,000,000 if it is on a Tribal trans-
portation facility. 
‘‘(d) ELIGIBLE
ACTIVITIES.—Grant amounts re-
ceived for a project under this section may be used for— 
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‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
design work, and other preconstruction activities; 
and 
‘‘(2) construction, reconstruction, and rehabili-
tation activities. 
‘‘(e) APPLICATIONS.—Eligible applicants shall submit 
to the Secretary an application at such time, in such form, 
and containing such information as the Secretary may re-
quire. 
‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 
select a project to receive funds under the program only 
if the Secretary determines that the project— 
‘‘(1) improves the condition of critical transpor-
tation facilities, including multimodal facilities; 
‘‘(2) cannot be easily and efficiently completed 
with amounts made available under section 202, 
203, or 204; and 
‘‘(3) is cost effective. 
‘‘(g) MERIT CRITERIA.—In making a grant under 
this section, the Secretary shall consider whether the 
project— 
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‘‘(1) will generate state of good repair, resil-
ience, economic competitiveness, quality of life, mo-
bility, or safety benefits; 
‘‘(2) in the case of a project on a Federal lands 
transportation facility or a Federal lands access 
transportation facility, has costs matched by funds 
that are not provided under this section or this title; 
and 
‘‘(3) generates benefits for land owned by mul-
tiple Federal land management agencies or Indian 
Tribes, or which spans multiple States. 
‘‘(h) EVALUATION AND RATING.—To evaluate appli-
cations, the Secretary shall— 
‘‘(1) determine whether a project meets the re-
quirements under subsection (f); 
‘‘(2) evaluate, through a discernable and trans-
parent methodology, how each application addresses 
one or more merit criteria established under sub-
section (g); 
‘‘(3) assign a rating for each merit criteria for 
each application; and 
‘‘(4) consider applications only on the basis of 
such quality ratings and which meet the minimally 
acceptable level for each of the merit criteria. 
‘‘(i) COST SHARE.— 
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‘‘(1) FEDERAL LANDS PROJECTS.— 
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 120, the Federal share of the cost of a 
project on a Federal lands transportation facil-
ity or a Federal lands access transportation fa-
cility shall be up to 90 percent. 
‘‘(B) 
NON-FEDERAL
SHARE.—Notwith-
standing any other provision of law, any Fed-
eral funds may be used to pay the non-Federal 
share of the cost of a project carried out under 
this section. 
‘‘(2) TRIBAL PROJECTS.—The Federal share of 
the cost of a project on a Tribal transportation facil-
ity shall be 100 percent. 
‘‘(j) USE OF FUNDS.—For each fiscal year, of the 
amounts made available to carry out this section, not more 
than 50 percent shall be used for eligible projects on Fed-
eral lands transportation facilities or Federal lands access 
transportation facilities and Tribal transportation facili-
ties, respectively.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 2 of title 23, United States Code, is amended by insert-
ing after the item relating to section 207 the following 
new item: 
‘‘208. Federal lands and Tribal major projects program.’’. 
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(c) REPEAL.—Section 1123 of the FAST Act (23 
U.S.C. 201 note), and the item related to such section in 
the table of contents under section 1(b) of such Act, are 
repealed. 
SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 
Section 102 of title 49, United States Code, is 
amended— 
(1) in subsection (e)(1)— 
(A) by striking ‘‘6 Assistant’’ and inserting 
‘‘7 Assistant’’; 
(B) in subparagraph (C) by striking ‘‘; 
and’’ and inserting a semicolon; 
(C) by redesignating subparagraph (D) as 
subparagraph (E); and 
(D) by inserting after subparagraph (C) 
the following: 
‘‘(D) an Assistant Secretary for Tribal 
Government Affairs, who shall be appointed by 
the President; and’’; and 
(2) in subsection (f)— 
(A) in the heading by striking ‘‘DEPUTY 
ASSISTANT SECRETARY FOR TRIBAL GOVERN-
MENT AFFAIRS’’ and inserting ‘‘OFFICE
OF 
TRIBAL GOVERNMENT AFFAIRS’’; and 
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(B) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) ESTABLISHMENT.—There is established in 
the Department an Office of Tribal Government Af-
fairs, under the Assistant Secretary for Tribal Gov-
ernment Affairs, to— 
‘‘(A) oversee the Tribal transportation self- 
governance program under section 207 of title 
23; 
‘‘(B) plan, coordinate, and implement poli-
cies and programs serving Indian Tribes and 
Tribal organizations; 
‘‘(C) coordinate Tribal transportation pro-
grams and activities in all offices and adminis-
trations of the Department; 
‘‘(D) provide technical assistance to Indian 
Tribes and Tribal organizations; 
‘‘(E) be a participant in any negotiated 
rulemakings relating to, or having an impact 
on, projects, programs, or funding associated 
with the tribal transportation program under 
section 202 of title 23; and 
‘‘(F) ensure that Department programs 
have in place, implement, and enforce require-
ments and obligations for regular and meaning-
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ful consultation and collaboration with Tribes 
and Tribal officials under Executive Order No. 
13175 and to serve as the primary advisor to 
the Secretary and other Department compo-
nents regarding violations of those require-
ments.’’. 
SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 
(a) LAND MANAGEMENT AGENCIES
AND TRIBAL 
GOVERNMENTS.—Section 201 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may use a con-
tracting method available to a State under this title 
on behalf of— 
‘‘(A) a Federal land management agency, 
with respect to any funds available pursuant to 
section 203 or 204; 
‘‘(B) a Federal land management agency, 
with respect to any funds available pursuant to 
section 1535 of title 31 for any eligible use de-
scribed in sections 203(a)(1) and 204(a)(1) of 
this title; or 
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‘‘(C) a Tribal Government, with respect to 
any 
funds 
available 
pursuant 
to 
section 
202(b)(7)(D). 
‘‘(2) METHODS
DESCRIBED.—The contracting 
methods referred to in paragraph (1) shall include, 
at a minimum— 
‘‘(A) project bundling; 
‘‘(B) bridge bundling; 
‘‘(C) design-build contracting; 
‘‘(D) 2-phase contracting; 
‘‘(E) long-term concession agreements; and 
‘‘(F) any method tested, or that could be 
tested, under an experimental program relating 
to contracting methods carried out by the Sec-
retary. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection— 
‘‘(A) affects the application of the Federal 
share for a project carried out with a con-
tracting method under this subsection; or 
‘‘(B) modifies the point of obligation of 
Federal salaries and expenses.’’. 
(b) USE
OF ALTERNATIVE CONTRACTING METH-
OD.—In carrying out the amendments made by this sec-
tion, the Secretary shall— 
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(1) in consultation with the applicable Federal 
land management agencies, establish procedures that 
are— 
(A) applicable to each alternative con-
tracting method; and 
(B) to the maximum extent practicable, 
consistent with requirements for Federal pro-
curement transactions; 
(2) solicit input on the use of each alternative 
contracting method from any affected industry prior 
to using such method; and 
(3) analyze and prepare an evaluation of the 
use of each alternative contracting method. 
SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES. 
(a) IN GENERAL.—The Commissioner of the Bureau 
of Reclamation may transfer ownership of a bridge that 
is owned by the Bureau of Reclamation if— 
(1) the ownership of the bridge is transferred to 
a State with the concurrence of such State; 
(2) the State to which ownership is transferred 
agrees to operate and maintain the bridge; 
(3) the transfer of ownership complies with all 
applicable Federal requirements, including— 
(A) section 138 of title 23, United States 
Code; 
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(B) section 306108 of title 54, United 
States Code; and 
(C) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(4) the Bureau of Reclamation and the State to 
which ownership is being transferred jointly notify 
the Secretary of Transportation of the intent to con-
duct a transfer prior to such transfer. 
(b) ACCESS.—In a transfer of ownership of a bridge 
under this section, the Commissioner of the Bureau of 
Reclamation— 
(1) shall not be required to transfer ownership 
of the land on which the bridge is located or any ad-
jacent lands; and 
(2) shall make arrangements with the State to 
which ownership is being transferred to allow for 
adequate access to such bridge, including for the 
purposes of construction, maintenance, and bridge 
inspections pursuant to section 144 of title 23, 
United States Code. 
SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO IN-
DIAN TRIBES. 
Not later than January 31 of each year, the Sec-
retary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of 
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Representatives and the Committee on Environment and 
Public Works of the Senate a report that— 
(1) identifies the number of Indian Tribes that 
were direct recipients of funds under any discre-
tionary Federal highway, transit, or highway safety 
program in the prior fiscal year; 
(2) lists the total amount of such funds made 
available directly to such Tribes; 
(3) identifies the number and location of Indian 
Tribes that were indirect recipients of funds under 
any formula-based Federal highway, transit, or high-
way safety program in the prior fiscal year; and 
(4) lists the total amount of such funds made 
available indirectly to such tribes through states or 
other direct recipients of Federal highway, transit or 
highway safety funding. 
SEC. 1510. GAO STUDY. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study on the deferred main-
tenance of United States forest roads, including— 
(1) the current backlog; 
(2) the current actions on such maintenance 
and backlog; 
(3) the impacts of public safety due to such de-
ferred maintenance; and 
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(4) recommendations for Congress on ways to 
address such backlog. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate a report containing the results of the study 
conducted under subsection (a). 
Subtitle F—Additional Provisions 
SEC. 1601. VISION ZERO. 
(a) IN GENERAL.—A local government, metropolitan 
planning organization, or regional transportation planning 
organization may develop and implement a vision zero 
plan to significantly reduce or eliminate transportation-re-
lated fatalities and serious injuries within a specified time-
frame, not to exceed 20 years. 
(b) USE
OF FUNDS.—Amounts apportioned to a 
State under paragraph (2) or (3) of section 104(b) of title 
23, United States Code, may be used to carry out a vision 
zero plan under this section. 
(c) CONTENTS OF PLAN.—A vision zero plan under 
this section shall include— 
(1) a description of programs, strategies, or 
policies intended to significantly reduce or eliminate 
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transportation-related fatalities and serious injuries 
within a specified timeframe, not to exceed 20 years, 
that is consistent with a State strategic highway 
safety plan and uses existing transportation data 
and consideration of risk factors; 
(2) plans for implementation of, education of 
the public about, and enforcement of such programs, 
strategies, or policies; 
(3) a description of how such programs, strate-
gies, or policies, and the enforcement of such pro-
grams, strategies, or policies will— 
(A) equitably invest in the safety needs of 
low-income and minority communities; 
(B) ensure that such communities are not 
disproportionately targeted by law enforcement; 
and 
(C) protect the rights of members of such 
communities with respect to title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.); 
and 
(4) a description of a mechanism to evaluate 
progress of the development and implementation of 
the plan, including the gathering and use of trans-
portation safety and demographic data. 
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(d) INCLUSIONS.—A vision zero plan may include a 
complete streets prioritization plan that identifies a spe-
cific list of projects to— 
(1) create a connected network of active trans-
portation facilities, including sidewalks, bikeways, or 
pedestrian and bicycle trails, to connect communities 
and provide safe, reliable, affordable, and convenient 
access to employment, housing, and services, con-
sistent with the goals described in section 150(b) of 
title 23, United States Code; 
(2) integrate active transportation facilities with 
public transportation service or improve access to 
public transportation; and 
(3) improve transportation options for low-in-
come and minority communities. 
(e) COORDINATION.—A vision zero plan under this 
section shall provide for coordination of various subdivi-
sions of a unit of local government in the implementation 
of the plan, including subdivisions responsible for law en-
forcement, public health, data collection, and public works. 
(f) SAFETY PERFORMANCE MANAGEMENT.—A vision 
zero plan under this section is not sufficient to dem-
onstrate compliance with the safety performance or plan-
ning requirements of section 148 or 150 of title 23, United 
States Code. 
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SEC. 1602. SPEED LIMITS. 
(a) SPEED LIMITS.—The Secretary of Transpor-
tation shall revise the Manual on Uniform Traffic Control 
Devices to provide for a safe system approach to setting 
speed limits, consistent with the safety recommendations 
issued by the National Transportation Safety Board on 
August 15, 2017, numbered H–17–27 and H–17–028. 
(b) CONSIDERATIONS.—In carrying out subpara-
graph (A), the Secretary shall consider— 
(1) crash statistics; 
(2) road geometry characteristics; 
(3) roadside characteristics; 
(4) traffic volume; 
(5) the possibility and likelihood of human 
error; 
(6) human injury tolerance; 
(7) the prevalence of vulnerable road users; and 
(8) any other consideration, consistent with a 
safe system approach, as determined by the Sec-
retary. 
(c) REPORT
ON SPEED MANAGEMENT PROGRAM 
PLAN.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall update and report on the 
implementation progress of the Speed Management Pro-
gram Plan of the Department of Transportation, as de-
scribed in the safety recommendation issued by the Na-
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tional Transportation Safety Board on August 15, 2017, 
numbered H–17–018. 
(d) DEFINITIONS.—In this section, the terms ‘‘safe 
system approach’’ and ‘‘vulnerable road user’’ have the 
meanings given such terms in section 148(a) of title 23, 
United States Code. 
SEC. 1603. BROADBAND INFRASTRUCTURE DEPLOYMENT. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE STATE AGENCY.—The term 
‘‘appropriate State agency’’ means a State govern-
mental agency that is recognized by the executive 
branch of the State as having the experience nec-
essary to evaluate and facilitate the installation and 
operation of broadband infrastructure within the 
State. 
(2) BROADBAND.—The term ‘‘broadband’’ has 
the meaning given the term ‘‘advanced telecommuni-
cations capability’’ in section 706 of the Tele-
communications Act of 1996 (47 U.S.C. 1302). 
(3) 
BROADBAND
CONDUIT.—The 
term 
‘‘broadband conduit’’ means a conduit or innerduct 
for fiber optic cables (or successor technology of 
greater quality and speed) that supports the provi-
sion of broadband. 
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(4) BROADBAND INFRASTRUCTURE.—The term 
‘‘broadband infrastructure’’ means any buried or un-
derground facility and any wireless or wireline con-
nection that enables the provision of broadband. 
(5) 
BROADBAND
PROVIDER.—The 
term 
‘‘broadband provider’’ means an entity that provides 
broadband to any person or facilitates provision of 
broadband to any person, including, with respect to 
such entity— 
(A) a corporation, company, association, 
firm, partnership, nonprofit organization, or 
any other private entity; 
(B) a State or local broadband provider; 
(C) an Indian Tribe; and 
(D) a partnership between any of the enti-
ties described in subparagraphs (A), (B), and 
(C). 
(6) 
COVERED
HIGHWAY
CONSTRUCTION 
PROJECT.— 
(A) IN
GENERAL.—The term ‘‘covered 
highway construction project’’ means, without 
regard to ownership of a highway, a project to 
construct a new highway or an additional lane 
for an existing highway, to reconstruct an exist-
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ing highway, or new construction, including for 
a paved shoulder. 
(B) EXCLUSIONS.—The term ‘‘covered 
highway construction project’’ excludes any 
project— 
(i) awarded before the date on which 
regulations required under subsection (b) 
take effect; 
(ii) that does not include work beyond 
the edge of pavement or current paved 
shoulder; or 
(iii) that does not require excavation. 
(7) DIG ONCE REQUIREMENT.—The term ‘‘dig 
once requirement’’ means a requirement designed to 
reduce the cost and accelerate the deployment to 
broadband by minimizing the number and scale of 
repeated excavations for the installation and mainte-
nance of broadband conduit or broadband infrastruc-
ture in rights-of-way. 
(8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given such term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304(e)). 
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(9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 
Administrator’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(10) PROJECT.—The term ‘‘project’’ has the 
meaning given such term in section 101 of title 23, 
United States Code. 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Transportation. 
(12) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 401 of title 23, 
United States Code. 
(13) STATE
OR
LOCAL
BROADBAND
PRO-
VIDER.—The term ‘‘State or local broadband pro-
vider’’ means a State or political subdivision thereof, 
or any agency, authority, or instrumentality of a 
State or political subdivision thereof, that provides 
broadband to any person or facilitates the provision 
of broadband to any person in that State. 
(14) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means the recognized governing body 
of an Indian Tribe or any agency, authority, or in-
strumentality of such governing body or such Indian 
Tribe. 
(b) DIG ONCE REQUIREMENT.—To facilitate the in-
stallation of broadband infrastructure, the Secretary shall, 
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not later than 9 months after the date of enactment of 
this Act, promulgate regulations to ensure that each State 
that receives funds under chapter 1 of title 23, United 
States Code, meets the following requirements: 
(1) BROADBAND PLANNING.—The State depart-
ment of transportation, in consultation with appro-
priate State agencies, shall— 
(A) identify a broadband coordinator, who 
may have additional responsibilities in the State 
department of transportation or in another 
State agency, that is responsible for facilitating 
the broadband infrastructure right-of-way ef-
forts within the State; and 
(B) review existing State broadband plans, 
including existing dig once requirements of the 
State, 
municipal 
governments 
incorporated 
under State law, and Tribal governments within 
the State, to determine opportunities to coordi-
nate projects occurring within or across high-
way rights-of-way with planned broadband in-
frastructure projects. 
(2) NOTICE OF PLANNED CONSTRUCTION FOR 
BROADBAND PROVIDERS.— 
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(A) NOTICE.—The State department of 
transportation, in consultation with appropriate 
State agencies, shall establish a process— 
(i) for the registration of broadband 
providers that seek to be included in the 
advance notification of, and opportunity to 
participate in, broadband infrastructure 
right-of-way facilitation efforts within the 
State; and 
(ii) 
to 
electronically 
notify 
all 
broadband 
providers 
registered 
under 
clause (i)— 
(I) of the State transportation 
improvement program on at least an 
annual basis; and 
(II) of projects within the high-
way right-of-way for which Federal 
funding is expected to be obligated in 
the subsequent fiscal year. 
(B) WEBSITE.—A State department of 
transportation shall be considered to meet the 
requirements of subparagraph (A) if such State 
department of transportation publishes on a 
public website— 
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(i) the State transportation improve-
ment program on at least an annual basis; 
and 
(ii) projects within the highway right- 
of-way for which Federal funding is ex-
pected to be obligated in the subsequent 
fiscal year. 
(C) COORDINATION.—The State depart-
ment of transportation, in consultation with ap-
propriate State agencies, shall establish a proc-
ess for a broadband provider to commit to in-
stalling broadband conduit or broadband infra-
structure as part of any project. 
(3) REQUIRED INSTALLATION OF CONDUIT.— 
(A) IN GENERAL.—The State department 
of transportation shall install broadband con-
duit, in accordance with this paragraph, except 
as described in subparagraph (F), as part of 
any covered highway construction project, un-
less a broadband provider has committed to in-
stall broadband conduit or broadband infra-
structure as part of such project in a process 
described under paragraph (2)(C). 
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(B) INSTALLATION REQUIREMENTS.—The 
State department of transportation shall ensure 
that— 
(i) 
an 
appropriate 
number 
of 
broadband conduits, as determined in con-
sultation with the appropriate State agen-
cies, are installed along the highway of a 
covered highway construction project to ac-
commodate multiple broadband providers, 
with consideration given to the availability 
of existing conduits; 
(ii) the size of each such conduit is 
consistent with industry best practices and 
is sufficient to accommodate potential de-
mand, as determined in consultation with 
the appropriate State agencies; 
(iii) hand holes and manholes nec-
essary for fiber access and pulling with re-
spect to such conduit are placed at inter-
vals consistent with standards determined 
in consultation with the appropriate State 
agencies (which may differ by type of road, 
topologies, and rurality) and consistent 
with safety requirements; 
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(iv) each broadband conduit installed 
pursuant to this paragraph includes a pull 
tape and is capable of supporting fiber 
optic cable placement techniques consistent 
with best practices; and 
(v) is placed at a depth consistent 
with requirements of the covered highway 
construction project and best practices and 
that, in determining the depth of place-
ment, consideration is given to the location 
of existing utilities and cable separation re-
quirements of State and local electrical 
codes. 
(C) GUIDANCE FOR THE INSTALLATION OF 
BROADBAND CONDUIT.—The Secretary, in con-
sultation with the NTIA Administrator, shall 
issue guidance for best practices related to the 
installation of broadband conduit as described 
in this paragraph and of conduit and similar in-
frastructure for intelligent transportation sys-
tems (as such term is defined in section 501 of 
title 23, United States Code) that may utilize 
broadband conduit installed pursuant to this 
paragraph. 
(D) ACCESS.— 
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(i) IN GENERAL.—The State depart-
ment of transportation shall ensure that 
any requesting broadband provider has ac-
cess to each broadband conduit installed 
pursuant to this paragraph, on a competi-
tively neutral and nondiscriminatory basis, 
and in accordance with State permitting, 
licensing, leasing, or other similar laws and 
regulations. 
(ii) FEE SCHEDULE.—The State de-
partment of transportation, in consultation 
with appropriate State agencies, shall pub-
lish a fee schedule for a broadband pro-
vider to access conduit installed pursuant 
to this paragraph. Fees in such schedule— 
(I) shall be consistent with the 
fees established pursuant to section 
224 of the Communications Act of 
1934 (47 U.S.C. 224); 
(II) may vary by topography, lo-
cation, type of road, rurality, and 
other factors in the determination of 
the State; and 
(III) may be updated not more 
frequently than annually. 
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(iii) IN-KIND
COMPENSATION.—The 
State department of transportation may 
negotiate in-kind compensation with any 
broadband provider requesting access to 
broadband conduit installed under the pro-
visions of this paragraph as a replacement 
for part or all of, but not to exceed, the 
relevant fee in the fee schedule described 
in clause (ii). 
(iv) SAFETY
CONSIDERATIONS.—The 
State department of transportation shall 
require of broadband providers a process 
for safe access to the highway right-of-way 
during installation and on-going mainte-
nance of the broadband fiber optic cables 
including a traffic control safety plan. 
(v) COMMUNICATION.—A broadband 
provider with access to the conduit in-
stalled pursuant to this subsection shall 
notify and receive permission from the rel-
evant agencies of State responsible for the 
installation of such broadband conduit 
prior to accessing any highway or highway 
right-of-way, in accordance with applicable 
Federal requirements. 
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(E) TREATMENT OF PROJECTS.—Notwith-
standing any other provision of law, broadband 
conduit and broadband infrastructure installa-
tion projects under this paragraph shall comply 
with section 113(a) of title 23, United States 
Code. 
(F) WAIVER AUTHORITY.— 
(i) IN GENERAL.—A State department 
of transportation may waive the required 
installation of broadband conduit for part 
or all of any covered highway construction 
project under this paragraph if, in the de-
termination of the State— 
(I) broadband infrastructure, ter-
restrial broadband infrastructure, aer-
ial 
broadband 
fiber 
cables, 
or 
broadband conduit is present near a 
majority of the length of the covered 
highway construction project; 
(II) the installation of conduit in-
creases overall costs of a covered high-
way construction project by 1.5 per-
cent or greater; 
(III) 
the 
installation 
of 
broadband conduit associated with 
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covered highway construction project 
will not be utilized or connected to fu-
ture broadband infrastructure in the 
next 20 years, in the determination of 
the State department of transpor-
tation, in consultation with appro-
priate State agencies and potentially 
affected local governments and Tribal 
governments; 
(IV) the requirements of this 
paragraph would require installation 
of conduit redundant with a dig once 
requirement of a local or Tribal gov-
ernment; 
(V) there exists a circumstance 
involving force majeure; or 
(VI) other relevant factors, as de-
termined by the Secretary in consulta-
tion with the NTIA Administrator 
through regulation, warrant a waiver. 
(ii) CONTENTS OF WAIVER.—A waiver 
authorized 
under 
this 
subparagraph 
shall— 
(I) identify the covered highway 
construction project; and 
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(II) include a brief description of 
the determination of the State for 
issuing such waiver. 
(iii) AVAILABILITY
OF
WAIVER.—A 
waiver authorized under this subparagraph 
shall be included in the plans, specifica-
tions, and estimates for the associated 
project, as long as such info is publicly 
available. 
(4) PRIORITY.—If a State provides for the in-
stallation of broadband infrastructure or broadband 
conduit in the right-of-way of an applicable project 
under this subsection, the State department of 
transportation, along with appropriate State agen-
cies, shall carry out appropriate measures to ensure 
that any existing broadband providers are afforded 
equal opportunity access, as compared to other 
broadband providers, with respect to the program 
under this subsection. 
(5) CONSULTATION.— 
(A) IN GENERAL.—In promulgating regu-
lations required by this subsection or to imple-
ment any part of this section, the Secretary 
shall consult— 
(i) the NTIA Administrator; 
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