H. R. 22—74 
paragraphs (1) and (2), the affected agency and the requesting 
public entity shall enter into an agreement that establishes 
the projects and priorities to be addressed by the use of the 
funds.’’. 
(j) ACCELERATED DECISIONMAKING; IMPROVING TRANSPARENCY 
IN ENVIRONMENTAL REVIEWS.— 
(1) IN GENERAL.—Section 139 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘(n) 
ACCELERATED
DECISIONMAKING
IN
ENVIRONMENTAL 
REVIEWS.— 
‘‘(1) IN
GENERAL.—In preparing a final environmental 
impact statement under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies 
the statement in response to comments that are minor and 
are confined to factual corrections or explanations of why the 
comments do not warrant additional agency response, the lead 
agency may write on errata sheets attached to the statement 
instead of rewriting the draft statement, subject to the condition 
that the errata sheets— 
‘‘(A) cite the sources, authorities, and reasons that 
support the position of the agency; and 
‘‘(B) if appropriate, indicate the circumstances that 
would trigger agency reappraisal or further response. 
‘‘(2) SINGLE
DOCUMENT.—To the maximum extent prac-
ticable, the lead agency shall expeditiously develop a single 
document that consists of a final environmental impact state-
ment and a record of decision, unless— 
‘‘(A) the final environmental impact statement makes 
substantial changes to the proposed action that are relevant 
to environmental or safety concerns; or 
‘‘(B) there is a significant new circumstance or informa-
tion relevant to environmental concerns that bears on the 
proposed action or the impacts of the proposed action. 
‘‘(o) IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.— 
‘‘(1) IN GENERAL.—Not later than 18 months after the date 
of enactment of this subsection, the Secretary shall— 
‘‘(A) use the searchable Internet website maintained 
under section 41003(b) of the FAST Act— 
‘‘(i) to make publicly available the status and 
progress of projects requiring an environmental assess-
ment or an environmental impact statement with 
respect to compliance with applicable requirements of 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and any other Federal, State, 
or local approval required for those projects; and 
‘‘(ii) to make publicly available the names of 
participating agencies not participating in the develop-
ment of a project purpose and need and range of alter-
natives under subsection (f); and 
‘‘(B) issue reporting standards to meet the require-
ments of subparagraph (A). 
‘‘(2) FEDERAL, STATE, AND LOCAL AGENCY PARTICIPATION.— 
‘‘(A) FEDERAL
AGENCIES.—A Federal agency partici-
pating in the environmental review or permitting process 
for a project shall provide to the Secretary information 
regarding the status and progress of the approval of the 
project for publication on the Internet website referred
H. R. 22—75 
to in paragraph (1)(A), consistent with the standards estab-
lished under paragraph (1)(B). 
‘‘(B) STATE AND LOCAL AGENCIES.—The Secretary shall 
encourage State and local agencies participating in the 
environmental review permitting process for a project to 
provide information regarding the status and progress of 
the approval of the project for publication on the Internet 
website referred to in paragraph (1)(A). 
‘‘(3) STATES WITH DELEGATED AUTHORITY.—A State with 
delegated authority for responsibilities under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
pursuant to section 327 shall be responsible for supplying to 
the Secretary project development and compliance status for 
all applicable projects.’’. 
(2) CONFORMING AMENDMENT.—Section 1319 of MAP–21 
(42 U.S.C. 4332a), and the item relating to that section in 
the table of contents contained in section 1(c) of that Act, 
are repealed. 
(k) IMPLEMENTATION OF PROGRAMMATIC COMPLIANCE.— 
(1) RULEMAKING.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall complete a rule-
making to implement the provisions of section 139(b)(3) of 
title 23, United States Code, as amended by this section. 
(2) CONSULTATION.—Before initiating the rulemaking under 
paragraph (1), the Secretary shall consult with relevant Federal 
agencies, relevant State resource agencies, State departments 
of transportation, Indian tribes, and the public on the appro-
priate use and scope of the programmatic approaches. 
(3) REQUIREMENTS.—In carrying out this subsection, the 
Secretary shall ensure that the rulemaking meets the require-
ments of section 139(b)(3)(B) of title 23, United States Code, 
as amended by this section. 
(4) COMMENT PERIOD.—The Secretary shall— 
(A) allow not fewer than 60 days for public notice 
and comment on the proposed rule; and 
(B) address any comments received under this sub-
section. 
SEC. 
1305. 
INTEGRATION 
OF 
PLANNING 
AND 
ENVIRONMENTAL 
REVIEW. 
Section 168 of title 23, United States Code, is amended to 
read as follows: 
‘‘§ 168. Integration of planning and environmental review 
‘‘(a) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The term ‘environ-
mental review process’ has the meaning given the term in 
section 139(a). 
‘‘(2) LEAD AGENCY.—The term ‘lead agency’ has the meaning 
given the term in section 139(a). 
‘‘(3) PLANNING
PRODUCT.—The term ‘planning product’ 
means a decision, analysis, study, or other documented informa-
tion that is the result of an evaluation or decisionmaking 
process carried out by a metropolitan planning organization 
or a State, as appropriate, during metropolitan or statewide 
transportation planning under section 134 or 135, respectively.
H. R. 22—76 
‘‘(4) PROJECT.—The term ‘project’ has the meaning given 
the term in section 139(a). 
‘‘(5) PROJECT SPONSOR.—The term ‘project sponsor’ has the 
meaning given the term in section 139(a). 
‘‘(6) RELEVANT AGENCY.—The term ‘relevant agency’ means 
the agency with authority under subparagraph (A) or (B) of 
subsection (b)(1). 
‘‘(b) ADOPTION OR INCORPORATION BY REFERENCE OF PLANNING 
PRODUCTS FOR USE IN NEPA PROCEEDINGS.— 
‘‘(1) IN
GENERAL.—Subject to subsection (d) and to the 
maximum extent practicable and appropriate, the following 
agencies may adopt or incorporate by reference and use a 
planning product in proceedings relating to any class of action 
in the environmental review process of the project: 
‘‘(A) The lead agency for a project, with respect to 
an environmental impact statement, environmental assess-
ment, categorical exclusion, or other document prepared 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(B) The cooperating agency with responsibility under 
Federal law, with respect to the process for and completion 
of any environmental permit, approval, review, or study 
required for a project under any Federal law other than 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), if consistent with that law. 
‘‘(2) IDENTIFICATION.—If the relevant agency makes a deter-
mination to adopt or incorporate by reference and use a plan-
ning product, the relevant agency shall identify the agencies 
that participated in the development of the planning products. 
‘‘(3) ADOPTION OR INCORPORATION BY REFERENCE OF PLAN-
NING PRODUCTS.—The relevant agency may— 
‘‘(A) adopt or incorporate by reference an entire plan-
ning product under paragraph (1); or 
‘‘(B) select portions of a planning project under para-
graph (1) for adoption or incorporation by reference. 
‘‘(4) TIMING.—A determination under paragraph (1) with 
respect to the adoption or incorporation by reference of a plan-
ning product may— 
‘‘(A) be made at the time the relevant agencies decide 
the appropriate scope of environmental review for the 
project; or 
‘‘(B) occur later in the environmental review process, 
as appropriate. 
‘‘(c) APPLICABILITY.— 
‘‘(1) PLANNING
DECISIONS.—The relevant agency in the 
environmental review process may adopt or incorporate by ref-
erence decisions from a planning product, including— 
‘‘(A) whether tolling, private financial assistance, or 
other special financial measures are necessary to imple-
ment the project; 
‘‘(B) a decision with respect to general travel corridor 
or modal choice, including a decision to implement corridor 
or subarea study recommendations to advance different 
modal solutions as separate projects with independent 
utility; 
‘‘(C) the purpose and the need for the proposed action;
H. R. 22—77 
‘‘(D) preliminary screening of alternatives and elimi-
nation of unreasonable alternatives; 
‘‘(E) a basic description of the environmental setting; 
‘‘(F) a decision with respect to methodologies for anal-
ysis; and 
‘‘(G) an identification of programmatic level mitigation 
for potential impacts of a project, including a programmatic 
mitigation plan developed in accordance with section 169, 
that the relevant agency determines are more effectively 
addressed on a national or regional scale, including— 
‘‘(i) measures to avoid, minimize, and mitigate 
impacts at a national or regional scale of proposed 
transportation 
investments 
on 
environmental 
resources, including regional ecosystem and water 
resources; and 
‘‘(ii) potential mitigation activities, locations, and 
investments. 
‘‘(2) PLANNING
ANALYSES.—The relevant agency in the 
environmental review process may adopt or incorporate by ref-
erence analyses from a planning product, including— 
‘‘(A) travel demands; 
‘‘(B) regional development and growth; 
‘‘(C) local land use, growth management, and develop-
ment; 
‘‘(D) population and employment; 
‘‘(E) natural and built environmental conditions; 
‘‘(F) environmental resources and environmentally sen-
sitive areas; 
‘‘(G) potential environmental effects, including the 
identification of resources of concern and potential direct, 
indirect, and cumulative effects on those resources; and 
‘‘(H) mitigation needs for a proposed project, or for 
programmatic level mitigation, for potential effects that 
the lead agency determines are most effectively addressed 
at a regional or national program level. 
‘‘(d) CONDITIONS.—The relevant agency in the environmental 
review process may adopt or incorporate by reference a planning 
product under this section if the relevant agency determines, with 
the concurrence of the lead agency and, if the planning product 
is necessary for a cooperating agency to issue a permit, review, 
or approval for the project, with the concurrence of the cooperating 
agency, that the following conditions have been met: 
‘‘(1) The planning product was developed through a plan-
ning process conducted pursuant to applicable Federal law. 
‘‘(2) The planning product was developed in consultation 
with appropriate Federal and State resource agencies and 
Indian tribes. 
‘‘(3) The planning process included broad multidisciplinary 
consideration of systems-level or corridor-wide transportation 
needs and potential effects, including effects on the human 
and natural environment. 
‘‘(4) The planning process included public notice that the 
planning products produced in the planning process may be 
adopted during a subsequent environmental review process in 
accordance with this section. 
‘‘(5) During the environmental review process, the relevant 
agency has—
H. R. 22—78 
‘‘(A) made the planning documents available for public 
review and comment by members of the general public 
and Federal, State, local, and tribal governments that may 
have an interest in the proposed project; 
‘‘(B) provided notice of the intention of the relevant 
agency to adopt or incorporate by reference the planning 
product; and 
‘‘(C) considered any resulting comments. 
‘‘(6) There is no significant new information or new cir-
cumstance that has a reasonable likelihood of affecting the 
continued validity or appropriateness of the planning product. 
‘‘(7) The planning product has a rational basis and is based 
on reliable and reasonably current data and reasonable and 
scientifically acceptable methodologies. 
‘‘(8) The planning product is documented in sufficient detail 
to support the decision or the results of the analysis and to 
meet requirements for use of the information in the environ-
mental review process. 
‘‘(9) The planning product is appropriate for adoption or 
incorporation by reference and use in the environmental review 
process for the project and is incorporated in accordance with, 
and is sufficient to meet the requirements of, the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and section 1502.21 of title 40, Code of Federal Regulations 
(as in effect on the date of enactment of the FAST Act). 
‘‘(10) The planning product was approved within the 5- 
year period ending on the date on which the information is 
adopted or incorporated by reference. 
‘‘(e) EFFECT OF ADOPTION OR INCORPORATION BY REFERENCE.— 
Any planning product adopted or incorporated by reference by the 
relevant agency in accordance with this section may be— 
‘‘(1) incorporated directly into an environmental review 
process document or other environmental document; and 
‘‘(2) relied on and used by other Federal agencies in car-
rying out reviews of the project. 
‘‘(f) RULES OF CONSTRUCTION.— 
‘‘(1) IN GENERAL.—This section does not make the environ-
mental review process applicable to the transportation planning 
process conducted under this title and chapter 53 of title 49. 
‘‘(2) TRANSPORTATION PLANNING ACTIVITIES.—Initiation of 
the environmental review process as a part of, or concurrently 
with, transportation planning activities does not subject 
transportation plans and programs to the environmental review 
process. 
‘‘(3) PLANNING PRODUCTS.—This section does not affect the 
use of planning products in the environmental review process 
pursuant to other authorities under any other provision of 
law or restrict the initiation of the environmental review 
process during planning.’’. 
SEC. 1306. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS. 
Section 169(f) of title 23, United States Code, is amended— 
(1) by striking ‘‘may use’’ and inserting ‘‘shall give substan-
tial weight to’’; and 
(2) by inserting ‘‘or other Federal environmental law’’ before 
the period at the end.
H. R. 22—79 
SEC. 1307. TECHNICAL ASSISTANCE FOR STATES. 
Section 326 of title 23, United States Code, is amended— 
(1) in subsection (c)— 
(A) by redesignating paragraphs (2) through (4) as 
paragraphs (3) through (5), respectively; and 
(B) by inserting after paragraph (1) the following: 
‘‘(2) ASSISTANCE
TO
STATES.—On request of a Governor 
of a State, the Secretary shall provide to the State technical 
assistance, training, or other support relating to— 
‘‘(A) assuming responsibility under subsection (a); 
‘‘(B) developing a memorandum of understanding under 
this subsection; or 
‘‘(C) addressing a responsibility in need of corrective 
action under subsection (d)(1)(B).’’; and 
(2) in subsection (d), by striking paragraph (1) and inserting 
the following: 
‘‘(1) TERMINATION
BY
SECRETARY.—The Secretary may 
terminate the participation of any State in the program if— 
‘‘(A) the Secretary determines that the State is not 
adequately carrying out the responsibilities assigned to 
the State; 
‘‘(B) the Secretary provides to the State— 
‘‘(i) a notification of the determination of non-
compliance; 
‘‘(ii) a period of not less than 120 days to take 
such corrective action as the Secretary determines to 
be necessary to comply with the applicable agreement; 
and 
‘‘(iii) on request of the Governor of the State, a 
detailed description of each responsibility in need of 
corrective action regarding an inadequacy identified 
under subparagraph (A); and 
‘‘(C) the State, after the notification and period 
described in clauses (i) and (ii) of subparagraph (B), fails 
to take satisfactory corrective action, as determined by 
the Secretary.’’. 
SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM. 
Section 327 of title 23, United States Code, is amended— 
(1) in subsection (a)(2)(B)(iii) by striking ‘‘(42 U.S.C. 13 
4321 et seq.)’’ and inserting ‘‘(42 U.S.C. 4321 et seq.)’’; 
(2) in subsection (c)(4) by inserting ‘‘reasonably’’ before 
‘‘considers necessary’’; 
(3) in subsection (e) by inserting ‘‘and without further 
approval of’’ after ‘‘in lieu of’’; 
(4) in subsection (g)— 
(A) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—To ensure compliance by a State with 
any agreement of the State under subsection (c) (including 
compliance by the State with all Federal laws for which respon-
sibility is assumed under subsection (a)(2)), for each State 
participating in the program under this section, the Secretary 
shall— 
‘‘(A) not later than 180 days after the date of execution 
of the agreement, meet with the State to review
H. R. 22—80 
implementation of the agreement and discuss plans for 
the first annual audit; 
‘‘(B) conduct annual audits during each of the first 
4 years of State participation; and 
‘‘(C) ensure that the time period for completing an 
annual audit, from initiation to completion (including public 
comment and responses to those comments), does not 
exceed 180 days.’’; and 
(B) by adding at the end the following: 
‘‘(3) AUDIT TEAM.— 
‘‘(A) IN
GENERAL.—An audit conducted under para-
graph (1) shall be carried out by an audit team determined 
by the Secretary, in consultation with the State, in accord-
ance with subparagraph (B). 
‘‘(B) CONSULTATION.—Consultation with the State 
under subparagraph (A) shall include a reasonable oppor-
tunity for the State to review and provide comments on 
the proposed members of the audit team.’’; 
(5) in subsection (j) by striking paragraph (1) and inserting 
the following: 
‘‘(1) TERMINATION
BY
SECRETARY.—The Secretary may 
terminate the participation of any State in the program if— 
‘‘(A) the Secretary determines that the State is not 
adequately carrying out the responsibilities assigned to 
the State; 
‘‘(B) the Secretary provides to the State— 
‘‘(i) a notification of the determination of non-
compliance; 
‘‘(ii) a period of not less than 120 days to take 
such corrective action as the Secretary determines to 
be necessary to comply with the applicable agreement; 
and 
‘‘(iii) on request of the Governor of the State, a 
detailed description of each responsibility in need of 
corrective action regarding an inadequacy identified 
under subparagraph (A); and 
‘‘(C) the State, after the notification and period pro-
vided under subparagraph (B), fails to take satisfactory 
corrective action, as determined by the Secretary.’’; and 
(6) by adding at the end the following: 
‘‘(k) CAPACITY BUILDING.—The Secretary, in cooperation with 
representatives of State officials, may carry out education, training, 
peer-exchange, and other initiatives as appropriate— 
‘‘(1) to assist States in developing the capacity to participate 
in the assignment program under this section; and 
‘‘(2) to promote information sharing and collaboration 
among States that are participating in the assignment program 
under this section. 
‘‘(l) RELATIONSHIP
TO LOCALLY ADMINISTERED PROJECTS.—A 
State granted authority under this section may, as appropriate 
and at the request of a local government— 
‘‘(1) exercise such authority on behalf of the local govern-
ment for a locally administered project; or 
‘‘(2) provide guidance and training on consolidating and 
minimizing the documentation and environmental analyses nec-
essary for sponsors of a locally administered project to comply 
with the National Environmental Policy Act of 1969 (42 U.S.C.
H. R. 22—81 
4321 et seq.) and any comparable requirements under State 
law.’’. 
SEC. 1309. PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRON-
MENTAL REVIEWS. 
(a) PURPOSE.—The purpose of this section is to eliminate 
duplication of environmental reviews and approvals under State 
laws and the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(b) IN GENERAL.—Chapter 3 of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘§ 330. Program for eliminating duplication of environmental 
reviews 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—The Secretary shall establish a pilot 
program to authorize States that have assumed responsibilities 
of the Secretary under section 327 and are approved to partici-
pate in the program under this section to conduct environ-
mental reviews and make approvals for projects under State 
environmental laws and regulations instead of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
consistent with the requirements of this section. 
‘‘(2) PARTICIPATING STATES.—The Secretary may select not 
more than 5 States to participate in the program. 
‘‘(3) ALTERNATIVE ENVIRONMENTAL REVIEW AND APPROVAL 
PROCEDURES DEFINED.—In this section, the term ‘alternative 
environmental review and approval procedures’ means— 
‘‘(A) substitution of 1 or more State environmental 
laws for— 
‘‘(i) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); 
‘‘(ii) any provisions of section 139 establishing 
procedures for the implementation of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) that are under the authority of the Secretary, 
as the Secretary, in consultation with the State, con-
siders appropriate; and 
‘‘(iii) related regulations and Executive orders; and 
‘‘(B) substitution of 1 or more State environmental 
regulations for— 
‘‘(i) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); 
‘‘(ii) any provisions of section 139 establishing 
procedures for the implementation of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) that are under the authority of the Secretary, 
as the Secretary, in consultation with the State, con-
siders appropriate; and 
‘‘(iii) related regulations and Executive orders. 
‘‘(b) APPLICATION.—To be eligible to participate in the program, 
a State shall submit to the Secretary an application containing 
such information as the Secretary may require, including— 
‘‘(1) a full and complete description of the proposed alter-
native environmental review and approval procedures of the 
State, including—
H. R. 22—82 
‘‘(A) the procedures the State uses to engage the public 
and consider alternatives to the proposed action; and 
‘‘(B) the extent to which the State considers environ-
mental consequences or impacts on resources potentially 
impacted by the proposed action (such as air, water, or 
species); 
‘‘(2) each Federal requirement described in subsection (a)(3) 
that the State is seeking to substitute; 
‘‘(3) each State law or regulation that the State intends 
to substitute for such Federal requirement; 
‘‘(4) an explanation of the basis for concluding that the 
State law or regulation is at least as stringent as the Federal 
requirement described in subsection (a)(3); 
‘‘(5) a description of the projects or classes of projects for 
which the State anticipates exercising the authority that may 
be granted under the program; 
‘‘(6) verification that the State has the financial resources 
necessary to carry out the authority that may be granted under 
the program; 
‘‘(7) evidence of having sought, received, and addressed 
comments on the proposed application from the public; and 
‘‘(8) any such additional information as the Secretary, or, 
with respect to section (d)(1)(A), the Secretary in consultation 
with the Chair, may require. 
‘‘(c) REVIEW OF APPLICATION.—In accordance with subsection 
(d), the Secretary shall— 
‘‘(1) review and accept public comments on an application 
submitted under subsection (b); 
‘‘(2) approve or disapprove the application not later than 
120 days after the date of receipt of an application that the 
Secretary determines is complete; and 
‘‘(3) transmit to the State notice of the approval or dis-
approval, together with a statement of the reasons for the 
approval or disapproval. 
‘‘(d) APPROVAL OF APPLICATION.— 
‘‘(1) IN GENERAL.—The Secretary shall approve an applica-
tion submitted under subsection (b) only if— 
‘‘(A) the Secretary, with the concurrence of the Chair 
and after considering any public comments received pursu-
ant to subsection (c), determines that the laws and regula-
tions of the State described in the application are at least 
as stringent as the Federal requirements described in sub-
section (a)(3); 
‘‘(B) the Secretary, after considering any public com-
ments received pursuant to subsection (c), determines that 
the State has the capacity, including financial and per-
sonnel, to assume the responsibility; 
‘‘(C) the State has executed an agreement with the 
Secretary in accordance with section 327; and 
‘‘(D) the State has executed an agreement with the 
Secretary under this section that— 
‘‘(i) has been executed by the Governor or the 
top-ranking transportation official in the State who 
is charged with responsibility for highway construction; 
‘‘(ii) is in such form as the Secretary may prescribe; 
‘‘(iii) provides that the State—
H. R. 22—83 
‘‘(I) agrees to assume the responsibilities, as 
identified by the Secretary, under this section; 
‘‘(II) expressly consents, on behalf of the State, 
to accept the jurisdiction of the Federal courts 
under subsection (e)(1) for the compliance, dis-
charge, and enforcement of any responsibility 
under this section; 
‘‘(III) certifies that State laws (including regu-
lations) are in effect that— 
‘‘(aa) authorize the State to take the 
actions necessary to carry out the responsibil-
ities being assumed; and 
‘‘(bb) are comparable to section 552 of title 
5, including providing that any decision 
regarding the public availability of a document 
under those State laws is reviewable by a 
court of competent jurisdiction; and 
‘‘(IV) 
agrees 
to 
maintain 
the 
financial 
resources necessary to carry out the responsibil-
ities being assumed; 
‘‘(iv) requires the State to provide to the Secretary 
any information the Secretary reasonably considers 
necessary to ensure that the State is adequately car-
rying out the responsibilities assigned to the State; 
‘‘(v) has a term of not more than 5 years; and 
‘‘(vi) is renewable. 
‘‘(2) EXCLUSION.—The National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) shall not apply to a decision 
by the Secretary to approve or disapprove an application sub-
mitted under this section. 
‘‘(e) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—The United States district courts shall 
have exclusive jurisdiction over any civil action against a State 
relating to the failure of the State— 
‘‘(A) to meet the requirements of this section; or 
‘‘(B) to follow the alternative environmental review 
and approval procedures approved pursuant to this section. 
‘‘(2) LIMITATION ON REVIEW.— 
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law, a claim seeking judicial review of a permit, 
license, or approval issued by a State under this section 
shall be barred unless the claim is filed not later than 
2 years after the date of publication in the Federal Register 
by the Secretary of a notice that the permit, license, or 
approval is final pursuant to the law under which the 
action is taken. 
‘‘(B) DEADLINES.— 
‘‘(i) NOTIFICATION.—The State shall notify the Sec-
retary of the final action of the State not later than 
10 days after the final action is taken. 
‘‘(ii) PUBLICATION.—The Secretary shall publish 
the notice of final action in the Federal Register not 
later than 30 days after the date of receipt of the 
notice under clause (i). 
‘‘(C) SAVINGS PROVISION.—Nothing in this subsection 
creates a right to judicial review or places any limit on
H. R. 22—84 
filing a claim that a person has violated the terms of 
a permit, license, or approval. 
‘‘(3) NEW INFORMATION.— 
‘‘(A) IN GENERAL.—A State shall consider new informa-
tion received after the close of a comment period if the 
information satisfies the requirements for a supplemental 
environmental impact statement under section 771.130 of 
title 23, Code of Federal Regulations (or successor regula-
tions). 
‘‘(B) TREATMENT OF FINAL AGENCY ACTION.— 
‘‘(i) IN GENERAL.—The final agency action that fol-
lows preparation of a supplemental environmental 
impact statement, if required, shall be considered a 
separate final agency action, and the deadline for filing 
a claim for judicial review of the action shall be 2 
years after the date of publication in the Federal Reg-
ister by the Secretary of a notice announcing such 
action. 
‘‘(ii) DEADLINES.— 
‘‘(I) NOTIFICATION.—The State shall notify the 
Secretary of the final action of the State not later 
than 10 days after the final action is taken. 
‘‘(II) PUBLICATION.—The Secretary shall pub-
lish the notice of final action in the Federal Reg-
ister not later than 30 days after the date of receipt 
of the notice under subclause (I). 
‘‘(f) ELECTION.—A State participating in the programs under 
this section and section 327, at the discretion of the State, may 
elect to apply the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) instead of the alternative environmental review 
and approval procedures of the State. 
‘‘(g) ADOPTION
OR INCORPORATION
BY REFERENCE
OF DOCU-
MENTS.—To the maximum extent practicable and consistent with 
Federal law, other Federal agencies with authority over a project 
subject to this section shall adopt or incorporate by reference docu-
ments produced by a participating State under this section to satisfy 
the requirements of the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). 
‘‘(h) RELATIONSHIP TO LOCALLY ADMINISTERED PROJECTS.— 
‘‘(1) IN GENERAL.—A State with an approved program under 
this section, at the request of a local government, may exercise 
authority under that program on behalf of up to 25 local govern-
ments for locally administered projects. 
‘‘(2) SCOPE.—For up to 25 local governments selected by 
a State with an approved program under this section, the 
State shall be responsible for ensuring that any environmental 
review, consultation, or other action required under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) or the State program, or both, meets the requirements 
of such Act or program. 
‘‘(i) REVIEW AND TERMINATION.— 
‘‘(1) IN GENERAL.—A State program approved under this 
section shall at all times be in accordance with the requirements 
of this section. 
‘‘(2) REVIEW.—The Secretary shall review each State pro-
gram approved under this section not less than once every 
5 years.
H. R. 22—85 
‘‘(3) PUBLIC
NOTICE
AND
COMMENT.—In conducting the 
review process under paragraph (2), the Secretary shall provide 
notice and an opportunity for public comment. 
‘‘(4) WITHDRAWAL OF APPROVAL.—If the Secretary, in con-
sultation with the Chair, determines at any time that a State 
is not administering a State program approved under this 
section in accordance with the requirements of this section, 
the Secretary shall so notify the State, and if appropriate 
corrective action is not taken within a reasonable time, not 
to exceed 90 days, the Secretary shall withdraw approval of 
the State program. 
‘‘(5) EXTENSIONS AND TERMINATIONS.—At the conclusion of 
the review process under paragraph (2), the Secretary may 
extend for an additional 5-year period or terminate the 
authority of a State under this section to substitute the laws 
and regulations of the State for the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(j) REPORT TO CONGRESS.—Not later than 2 years after the 
date of enactment of this section, and annually thereafter, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee 
on Environment and Public Works of the Senate a report that 
describes the administration of the program, including— 
‘‘(1) the number of States participating in the program; 
‘‘(2) the number and types of projects for which each State 
participating in the program has used alternative environ-
mental review and approval procedures; 
‘‘(3) a description and assessment of whether implementa-
tion of the program has resulted in more efficient review of 
projects; and 
‘‘(4) any recommendations for modifications to the program. 
‘‘(k) SUNSET.—The program shall terminate 12 years after the 
date of enactment of this section. 
‘‘(l) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) CHAIR.—The term ‘Chair’ means the Chair of the 
Council on Environmental Quality. 
‘‘(2) MULTIMODAL PROJECT.—The term ‘multimodal project’ 
has the meaning given that term in section 139(a). 
‘‘(3) PROGRAM.—The term ‘program’ means the pilot pro-
gram established under this section. 
‘‘(4) PROJECT.—The term ‘project’ means— 
‘‘(A) a project requiring approval under this title, 
chapter 53 of subtitle III of title 49, or subtitle V of title 
49; and 
‘‘(B) a multimodal project.’’. 
(c) RULEMAKING.— 
(1) IN GENERAL.—Not later than 270 days after the date 
of enactment of this Act, the Secretary, in consultation with 
the Chair of the Council on Environmental Quality, shall 
promulgate regulations to implement the requirements of sec-
tion 330 of title 23, United States Code, as added by this 
section. 
(2) DETERMINATION OF STRINGENCY.—As part of the rule-
making required under this subsection, the Chair shall— 
(A) establish the criteria necessary to determine that 
a State law or regulation is at least as stringent as a
H. R. 22—86 
Federal requirement described in section 330(a)(3) of title 
23, United States Code; and 
(B) ensure that the criteria, at a minimum— 
(i) provide for protection of the environment; 
(ii) provide opportunity for public participation and 
comment, including access to the documentation nec-
essary to review the potential impact of a project; 
and 
(iii) ensure a consistent review of projects that 
would otherwise have been covered under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
(d) CLERICAL AMENDMENT.—The analysis for chapter 3 of title 
23, United States Code, is amended by adding at the end the 
following: 
‘‘330. Program for eliminating duplication of environmental reviews.’’. 
SEC. 
1310. 
APPLICATION 
OF 
CATEGORICAL 
EXCLUSIONS 
FOR 
MULTIMODAL PROJECTS. 
Section 304 of title 49, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘operating authority that’’ and 
inserting ‘‘operating administration or secretarial office 
that has expertise but’’; and 
(ii) by inserting ‘‘proposed multimodal’’ after ‘‘with 
respect to a’’; and 
(B) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) LEAD AUTHORITY.—The term ‘lead authority’ means 
a Department of Transportation operating administration or 
secretarial office that has the lead responsibility for compliance 
with the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) with respect to a proposed multimodal project.’’; 
(2) in subsection (b) by inserting ‘‘or title 23’’ after ‘‘under 
this title’’; 
(3) by striking subsection (c) and inserting the following: 
‘‘(c) 
APPLICATION
OF
CATEGORICAL
EXCLUSIONS
FOR 
MULTIMODAL PROJECTS.—In considering the environmental impacts 
of a proposed multimodal project, a lead authority may apply cat-
egorical exclusions designated under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) in implementing regula-
tions or procedures of a cooperating authority for a proposed 
multimodal project, subject to the conditions that— 
‘‘(1) the lead authority makes a determination, with the 
concurrence of the cooperating authority— 
‘‘(A) on the applicability of a categorical exclusion to 
a proposed multimodal project; and 
‘‘(B) that the project satisfies the conditions for a cat-
egorical exclusion under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) and this section; 
‘‘(2) the lead authority follows the implementing regulations 
of the cooperating authority or procedures under that Act; 
and 
‘‘(3) the lead authority determines that—
H. R. 22—87 
‘‘(A) the proposed multimodal project does not individ-
ually or cumulatively have a significant impact on the 
environment; and 
‘‘(B) extraordinary circumstances do not exist that 
merit additional analysis and documentation in an environ-
mental impact statement or environmental assessment 
required under that Act.’’; and 
(4) by striking subsection (d) and inserting the following: 
‘‘(d) COOPERATING
AUTHORITY
EXPERTISE.—A cooperating 
authority shall provide expertise to the lead authority on aspects 
of the multimodal project in which the cooperating authority has 
expertise.’’. 
SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL 
REVIEWS. 
(a) IN GENERAL.—Title 49, United States Code, is amended 
by inserting after section 304 the following: 
‘‘§ 304a. 
Accelerated 
decisionmaking 
in 
environmental 
reviews 
‘‘(a) IN GENERAL.—In preparing a final environmental impact 
statement under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), if the lead agency modifies the statement 
in response to comments that are minor and are confined to factual 
corrections or explanations of why the comments do not warrant 
additional agency response, the lead agency may write on errata 
sheets attached to the statement, instead of rewriting the draft 
statement, subject to the condition that the errata sheets— 
‘‘(1) cite the sources, authorities, and reasons that support 
the position of the agency; and 
‘‘(2) if appropriate, indicate the circumstances that would 
trigger agency reappraisal or further response. 
‘‘(b) SINGLE DOCUMENT.—To the maximum extent practicable, 
the lead agency shall expeditiously develop a single document that 
consists of a final environmental impact statement and a record 
of decision, unless— 
‘‘(1) the final environmental impact statement makes 
substantial changes to the proposed action that are relevant 
to environmental or safety concerns; or 
‘‘(2) there is a significant new circumstance or information 
relevant to environmental concerns that bears on the proposed 
action or the impacts of the proposed action. 
‘‘(c) ADOPTION AND INCORPORATION BY REFERENCE OF DOCU-
MENTS.— 
‘‘(1) AVOIDING
DUPLICATION.—To prevent duplication of 
analyses and support expeditious and efficient decisions, the 
operating administrations of the Department of Transportation 
shall use adoption and incorporation by reference in accordance 
with this subsection. 
‘‘(2) ADOPTION
OF
DOCUMENTS
OF
OTHER
OPERATING 
ADMINISTRATIONS.—An operating administration or a secre-
tarial office within the Department of Transportation may adopt 
a draft environmental impact statement, an environmental 
assessment, or a final environmental impact statement of 
another operating administration for the use of the adopting 
operating administration when preparing an environmental 
assessment or final environmental impact statement for a
H. R. 22—88 
project without recirculating the document for public review, 
if— 
‘‘(A) the adopting operating administration certifies 
that the proposed action is substantially the same as the 
project considered in the document to be adopted; 
‘‘(B) the other operating administration concurs with 
such decision; and 
‘‘(C) such actions are consistent with the requirements 
of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
‘‘(3) INCORPORATION BY REFERENCE.—An operating adminis-
tration or secretarial office within the Department of Transpor-
tation may incorporate by reference all or portions of a draft 
environmental impact statement, an environmental assessment, 
or a final environmental impact statement for the use of the 
adopting operating administration when preparing an environ-
mental assessment or final environmental impact statement 
for a project if— 
‘‘(A) the incorporated material is cited in the environ-
mental assessment or final environmental impact state-
ment and the contents of the incorporated material are 
briefly described; 
‘‘(B) the incorporated material is reasonably available 
for inspection by potentially interested persons within the 
time allowed for review and comment; and 
‘‘(C) the incorporated material does not include propri-
etary data that is not available for review and comment.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of 
title 49, United States Code, is amended by inserting after the 
item relating to section 304 the following: 
‘‘304a. Accelerated decisionmaking in environmental reviews.’’. 
SEC. 1312. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT 
IN ENVIRONMENTAL REVIEWS. 
(a) IN GENERAL.—Title 49, United States Code, is amended 
by inserting after section 306 the following: 
‘‘§ 307. Improving State and Federal agency engagement in 
environmental reviews 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUESTS
TO
PROVIDE
FUNDS.—A public entity 
receiving financial assistance from the Department of Transpor-
tation for 1 or more projects, or for a program of projects, 
for a public purpose may request that the Secretary allow 
the public entity to provide funds to Federal agencies, including 
the Department, State agencies, and Indian tribes participating 
in the environmental planning and review process for the 
project, projects, or program. 
‘‘(2) USE OF FUNDS.—The funds may be provided only to 
support activities that directly and meaningfully contribute 
to expediting and improving permitting and review processes, 
including planning, approval, and consultation processes for 
the project, projects, or program. 
‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activities for which 
funds may be provided under subsection (a) include transportation 
planning activities that precede the initiation of the environmental 
review process, activities directly related to the environmental
H. R. 22—89 
review process, dedicated staffing, training of agency personnel, 
information gathering and mapping, and development of pro-
grammatic agreements. 
‘‘(c) AMOUNTS.—A request under subsection (a) may be approved 
only for the additional amounts that the Secretary determines 
are necessary for the Federal agencies, State agencies, or Indian 
tribes participating in the environmental review process to timely 
conduct the review. 
‘‘(d) AGREEMENTS.—Prior to providing funds approved by the 
Secretary for dedicated staffing at an affected Federal agency under 
subsection (a), the affected Federal agency and the requesting public 
entity shall enter into an agreement that establishes a process 
to identify projects or priorities to be addressed by the use of 
the funds. 
‘‘(e) GUIDANCE.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this section, the Secretary shall issue guidance 
to implement this section. 
‘‘(2) FACTORS.—As part of the guidance issued under para-
graph (1), the Secretary shall ensure— 
‘‘(A) to the maximum extent practicable, that expe-
diting and improving the process of environmental review 
and permitting through the use of funds accepted and 
expended under this section does not adversely affect the 
timeline for review and permitting by Federal agencies, 
State agencies, or Indian tribes of other entities that have 
not contributed funds under this section; 
‘‘(B) that the use of funds accepted under this section 
will not impact impartial decisionmaking with respect to 
environmental reviews or permits, either substantively or 
procedurally; and 
‘‘(C) that the Secretary maintains, and makes publicly 
available, including on the Internet, a list of projects or 
programs for which such review or permits have been 
carried out using funds authorized under this section. 
‘‘(f) EXISTING AUTHORITY.—Nothing in this section may be con-
strued to conflict with section 139(j) of title 23.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of 
title 49, United States Code, is amended by inserting after the 
item relating to section 306 the following: 
‘‘307. Improving State and Federal agency engagement in environmental reviews.’’. 
SEC. 1313. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS. 
(a) IN GENERAL.—Title 49, United States Code, is amended 
by inserting after section 309 the following: 
‘‘§ 310. Aligning Federal environmental reviews 
‘‘(a) 
COORDINATED
AND
CONCURRENT
ENVIRONMENTAL 
REVIEWS.—Not later than 1 year after the date of enactment of 
this section, the Department of Transportation, in coordination 
with the heads of Federal agencies likely to have substantive review 
or approval responsibilities under Federal law, shall develop a 
coordinated and concurrent environmental review and permitting 
process for transportation projects when initiating an environmental 
impact statement under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) (in this section referred to as 
‘NEPA’).
H. R. 22—90 
‘‘(b) CONTENTS.—The coordinated and concurrent environmental 
review and permitting process developed under subsection (a) 
shall— 
‘‘(1) ensure that the Department of Transportation and 
agencies of jurisdiction possess sufficient information early in 
the review process to determine a statement of a transportation 
project’s purpose and need and range of alternatives for analysis 
that the lead agency and agencies of jurisdiction will rely 
on for concurrent environmental reviews and permitting 
decisions required for the proposed project; 
‘‘(2) achieve early concurrence or issue resolution during 
the NEPA scoping process on the Department of Transpor-
tation’s statement of a project’s purpose and need, and during 
development of the environmental impact statement on the 
range of alternatives for analysis, that the lead agency and 
agencies of jurisdiction will rely on for concurrent environ-
mental reviews and permitting decisions required for the pro-
posed project absent circumstances that require reconsideration 
in order to meet an agency of jurisdiction’s obligations under 
a statute or Executive order; and 
‘‘(3) achieve concurrence or issue resolution in an expedited 
manner if circumstances arise that require a reconsideration 
of the purpose and need or range of alternatives considered 
during any Federal agency’s environmental or permitting 
review in order to meet an agency of jurisdiction’s obligations 
under a statute or Executive order. 
‘‘(c) ENVIRONMENTAL CHECKLIST.— 
‘‘(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this section, the Secretary of Transportation 
and Federal agencies of jurisdiction likely to have substantive 
review or approval responsibilities on transportation projects 
shall jointly develop a checklist to help project sponsors identify 
potential natural, cultural, and historic resources in the area 
of a proposed project. 
‘‘(2) PURPOSE.—The purpose of the checklist shall be to— 
‘‘(A) identify agencies of jurisdiction and cooperating 
agencies; 
‘‘(B) develop the information needed for the purpose 
and need and alternatives for analysis; and 
‘‘(C) improve interagency collaboration to help expedite 
the permitting process for the lead agency and agencies 
of jurisdiction. 
‘‘(d) INTERAGENCY COLLABORATION.— 
‘‘(1) IN GENERAL.—Consistent with Federal environmental 
statutes, the Secretary of Transportation shall facilitate annual 
interagency collaboration sessions at the appropriate jurisdic-
tional level to coordinate business plans and facilitate coordina-
tion of workload planning and workforce management. 
‘‘(2) PURPOSE
OF
COLLABORATION
SESSIONS.—The inter-
agency collaboration sessions shall ensure that agency staff 
is— 
‘‘(A) fully engaged; 
‘‘(B) utilizing the flexibility of existing regulations, poli-
cies, and guidance; and 
‘‘(C) identifying additional actions to facilitate high 
quality, efficient, and targeted environmental reviews and 
permitting decisions.
H. R. 22—91 
‘‘(3) FOCUS OF COLLABORATION SESSIONS.—The interagency 
collaboration sessions, and the interagency collaborations gen-
erated by the sessions, shall focus on methods to— 
‘‘(A) work with State and local transportation entities 
to improve project planning, siting, and application quality; 
and 
‘‘(B) consult and coordinate with relevant stakeholders 
and Federal, tribal, State, and local representatives early 
in permitting processes. 
‘‘(4) CONSULTATION.—The interagency collaboration ses-
sions shall include a consultation with groups or individuals 
representing State, tribal, and local governments that are 
engaged in the infrastructure permitting process. 
‘‘(e) PERFORMANCE MEASUREMENT.—Not later than 1 year after 
the date of enactment of this section, the Secretary of Transpor-
tation, in coordination with relevant Federal agencies, shall estab-
lish a program to measure and report on progress toward aligning 
Federal reviews and reducing permitting and project delivery time 
as outlined in this section. 
‘‘(f) REPORTS.— 
‘‘(1) REPORT TO CONGRESS.—Not later than 2 years after 
the date of enactment of this section and biennially thereafter, 
the Secretary of Transportation shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the 
House of Representatives a report that describes— 
‘‘(A) progress in aligning Federal environmental 
reviews under this section; and 
‘‘(B) the impact this section has had on accelerating 
the environmental review and permitting process. 
‘‘(2) INSPECTOR GENERAL REPORT.—Not later than 3 years 
after the date of enactment of this section, the Inspector Gen-
eral of the Department of Transportation shall submit to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report that describes— 
‘‘(A) progress in aligning Federal environmental 
reviews under this section; and 
‘‘(B) the impact this section has had on accelerating 
the environmental review and permitting process. 
‘‘(g) SAVINGS PROVISION.—This section shall not apply to any 
project subject to section 139 of title 23.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of 
title 49, United States Code, is amended by inserting after the 
item relating to section 309 the following: 
‘‘310. Aligning Federal environmental reviews.’’. 
SEC. 1314. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FED-
ERAL ASSISTANCE. 
(a) ADJUSTMENT FOR INFLATION.—Section 1317 of MAP–21 (23 
U.S.C. 109 note; Public Law 112–141) is amended— 
(1) in paragraph (1)(A) by inserting ‘‘(as adjusted annually 
by the Secretary to reflect any increases in the Consumer 
Price Index prepared by the Department of Labor)’’ after 
‘‘$5,000,000’’; and 
(2) in paragraph (1)(B) by inserting ‘‘(as adjusted annually 
by the Secretary to reflect any increases in the Consumer
H. R. 22—92 
Price Index prepared by the Department of Labor)’’ after 
‘‘$30,000,000’’. 
(b) RETROACTIVE APPLICATION.—The first adjustment made 
pursuant to the amendments made by subsection (a) shall— 
(1) be carried out not later than 60 days after the date 
of enactment of this Act; and 
(2) reflect the increase in the Consumer Price Index since 
July 1, 2012. 
SEC. 1315. PROGRAMMATIC AGREEMENT TEMPLATE. 
(a) IN GENERAL.—Section 1318 of MAP–21 (23 U.S.C. 109 note; 
Public Law 112–141) is amended by adding at the end the following: 
‘‘(e) PROGRAMMATIC AGREEMENT TEMPLATE.— 
‘‘(1) IN GENERAL.—The Secretary shall develop a template 
programmatic agreement described in subsection (d) that pro-
vides for efficient and adequate procedures for evaluating Fed-
eral actions described in section 771.117(c) of title 23, Code 
of Federal Regulations (as in effect on the date of enactment 
of this subsection). 
‘‘(2) USE OF TEMPLATE.—The Secretary— 
‘‘(A) on receipt of a request from a State, shall use 
the template programmatic agreement developed under 
paragraph (1) in carrying out this section; and 
‘‘(B) on consent of the applicable State, may modify 
the template as necessary to address the unique needs 
and characteristics of the State. 
‘‘(3) OUTCOME MEASUREMENTS.—The Secretary shall estab-
lish a method to verify that actions described in section 
771.117(c) of title 23, Code of Federal Regulations (as in effect 
on the date of enactment of this subsection), are evaluated 
and documented in a consistent manner by the State that 
uses the template programmatic agreement under this sub-
section.’’. 
(b) CATEGORICAL EXCLUSION DETERMINATIONS.—Not later than 
30 days after the date of enactment of this Act, the Secretary 
shall revise section 771.117(g) of title 23, Code of Federal Regula-
tions, to allow a programmatic agreement under this section to 
include responsibility for making categorical exclusion determina-
tions— 
(1) for actions described in subsections (c) and (d) of section 
771.117 of title 23, Code of Federal Regulations; and 
(2) that meet the criteria for a categorical exclusion under 
section 1508.4 of title 40, Code of Federal Regulations (as 
in effect on the date of enactment of this Act), and are identified 
in the programmatic agreement. 
SEC. 1316. ASSUMPTION OF AUTHORITIES. 
(a) IN GENERAL.—The Secretary shall use the authority under 
section 106(c) of title 23, United States Code, to the maximum 
extent practicable, to allow a State to assume the responsibilities 
of the Secretary for project design, plans, specifications, estimates, 
contract awards, and inspection of projects, on both a project-specific 
and programmatic basis. 
(b) SUBMISSION
OF RECOMMENDATIONS.—Not later than 18 
months after the date of enactment of this Act, the Secretary, 
in cooperation with the States, shall submit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public Works of
H. R. 22—93 
the Senate recommendations for legislation to permit the assump-
tion of additional authorities by States, including with respect to 
real estate acquisition and project design. 
SEC. 1317. MODERNIZATION OF THE ENVIRONMENTAL REVIEW 
PROCESS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Secretary shall examine ways to mod-
ernize, simplify, and improve the implementation of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the 
Department. 
(b) INCLUSIONS.—In carrying out subsection (a), the Secretary 
shall consider— 
(1) the use of technology in the process, such as— 
(A) searchable databases; 
(B) geographic information system mapping tools; 
(C) integration of those tools with fiscal management 
systems to provide more detailed data; and 
(D) other innovative technologies; 
(2) ways to prioritize use of programmatic environmental 
impact statements; 
(3) methods to encourage cooperating agencies to present 
analyses in a concise format; and 
(4) any other improvements that can be made to modernize 
process implementation. 
(c) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate 
a report describing the results of the review carried out under 
subsection (a). 
SEC. 1318. ASSESSMENT OF PROGRESS ON ACCELERATING PROJECT 
DELIVERY. 
(a) IN GENERAL.—Not later than 2 years after the date of 
enactment of this Act, the Comptroller General of the United States 
shall assess the progress made under this Act, MAP–21 (Public 
Law 112–141), and SAFETEA–LU (Public Law 109–59), including 
the amendments made by those Acts, to accelerate the delivery 
of Federal-aid highway and highway safety construction projects 
and public transportation capital projects by streamlining the 
environmental review and permitting process. 
(b) CONTENTS.—The assessment required under subsection (a) 
shall evaluate— 
(1) how often the various streamlining provisions have 
been used; 
(2) which of the streamlining provisions have had the 
greatest impact on streamlining the environmental review and 
permitting process; 
(3) what, if any, impact streamlining of the process has 
had on environmental protection; 
(4) how, and the extent to which, streamlining provisions 
have improved and accelerated the process for permitting under 
the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.), and other applicable Federal laws; 
(5) what impact actions by the Council on Environmental 
Quality have had on accelerating Federal-aid highway and
H. R. 22—94 
highway safety construction projects and public transportation 
capital projects; 
(6) the number and percentage of projects that proceed 
under a traditional environmental assessment or environmental 
impact statement, and the number and percentage of projects 
that proceed under categorical exclusions; 
(7) the extent to which the environmental review and 
permitting process remains a significant source of project delay 
and the sources of delays; and 
(8) the costs of conducting environmental reviews and 
issuing permits or licenses for a project, including the cost 
of contractors and dedicated agency staff. 
(c) RECOMMENDATIONS.—The assessment required under sub-
section (a) shall include recommendations with respect to— 
(1) additional opportunities for streamlining the environ-
mental review process, including regulatory or statutory 
changes to accelerate the processes of Federal agencies (other 
than the Department) with responsibility for reviewing Federal- 
aid highway and highway safety construction projects and 
public transportation capital projects without negatively 
impacting the environment; and 
(2) best practices of other Federal agencies that should 
be considered for adoption by the Department. 
(d) REPORT TO CONGRESS.—The Comptroller General of the 
United States shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate a report 
containing the assessment and recommendations required under 
this section. 
Subtitle D—Miscellaneous 
SEC. 1401. PROHIBITION ON THE USE OF FUNDS FOR AUTOMATED 
TRAFFIC ENFORCEMENT. 
(a) PROHIBITION.—Except as provided in subsection (b), for fiscal 
years 2016 through 2020, funds apportioned to a State under section 
104(b)(3) of title 23, United States Code, may not be used to pur-
chase, operate, or maintain an automated traffic enforcement 
system. 
(b) EXCEPTION.—Subsection (a) does not apply to an automated 
traffic enforcement system located in a school zone. 
(c) AUTOMATED TRAFFIC ENFORCEMENT SYSTEM DEFINED.—In 
this section, the term ‘‘automated traffic enforcement system’’ means 
any camera that captures an image of a vehicle for the purposes 
of traffic law enforcement. 
SEC. 1402. HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNT-
ABILITY. 
(a) IN GENERAL.—Section 104 of title 23, United States Code, 
is amended by striking subsection (g) and inserting the following: 
‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY
AND ACCOUNT-
ABILITY REPORTS.— 
‘‘(1) COMPILATION OF DATA.—Not later than 180 days after 
the date of enactment of the FAST Act, the Secretary shall 
compile data in accordance with this subsection on the use 
of Federal-aid highway funds made available under this title.
H. R. 22—95 
‘‘(2) REQUIREMENTS.—The Secretary shall ensure that the 
reports required under this subsection are made available in 
a user-friendly manner on the public Internet website of the 
Department of Transportation and can be searched and 
downloaded by users of the website. 
‘‘(3) CONTENTS OF REPORTS.— 
‘‘(A) APPORTIONED AND ALLOCATED PROGRAMS.—On a 
semiannual basis, the Secretary shall make available a 
report on funding apportioned and allocated to the States 
under this title that describes— 
‘‘(i) the amount of funding obligated by each State, 
year-to-date, for the current fiscal year; 
‘‘(ii) the amount of funds remaining available for 
obligation by each State; 
‘‘(iii) changes in the obligated, unexpended balance 
for each State, year-to-date, during the current fiscal 
year, including the obligated, unexpended balance at 
the end of the preceding fiscal year and current fiscal 
year expenditures; 
‘‘(iv) the amount and program category of unobli-
gated funding, year-to-date, available for expenditure 
at the discretion of the Secretary; 
‘‘(v) the rates of obligation on and off the National 
Highway System, year-to-date, for the current fiscal 
year of funds apportioned, allocated, or set aside under 
this section, according to— 
‘‘(I) program; 
‘‘(II) funding category or subcategory; 
‘‘(III) type of improvement; 
‘‘(IV) State; and 
‘‘(V) sub-State geographical area, including 
urbanized and rural areas, on the basis of the 
population of each such area; and 
‘‘(vi) the amount of funds transferred by each State, 
year-to-date, for the current fiscal year between pro-
grams under section 126. 
‘‘(B) PROJECT DATA.—On an annual basis, the Secretary 
shall make available a report that provides, for any project 
funded under this title (excluding projects for which funds 
are transferred to agencies other than the Federal Highway 
Administration) with an estimated total cost as of the 
start of construction greater than $25,000,000, and to the 
maximum extent practicable, other projects funded under 
this title, project data describing— 
‘‘(i) the specific location of the project; 
‘‘(ii) the total cost of the project; 
‘‘(iii) the amount of Federal funding obligated for 
the project; 
‘‘(iv) the program or programs from which Federal 
funds have been obligated for the project; 
‘‘(v) the type of improvement being made, such 
as categorizing the project as— 
‘‘(I) a road reconstruction project; 
‘‘(II) a new road construction project; 
‘‘(III) a new bridge construction project; 
‘‘(IV) a bridge rehabilitation project; or 
‘‘(V) a bridge replacement project;
H. R. 22—96 
‘‘(vi) the ownership of the highway or bridge; 
‘‘(vii) whether the project is located in an area 
of the State with a population of— 
‘‘(I) less than 5,000 individuals; 
‘‘(II) 5,000 or more individuals but less than 
50,000 individuals; 
‘‘(III) 50,000 or more individuals but less than 
200,000 individuals; or 
‘‘(IV) 200,000 or more individuals; and 
‘‘(viii) available information on the estimated cost 
of the project as of the start of project construction, 
or the revised cost estimate based on a description 
of revisions to the scope of work or other factors 
affecting project cost other than cost overruns.’’. 
(b) CONFORMING AMENDMENT.—Section 1503 of MAP–21 (23 
U.S.C. 104 note; Public Law 112–141) is amended by striking sub-
section (c). 
SEC. 1403. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 
is amended by inserting after section 104 the following: 
‘‘§ 105. Additional deposits into Highway Trust Fund 
‘‘(a) IN GENERAL.—If monies are deposited into the Highway 
Account or Mass Transit Account pursuant to a law enacted subse-
quent to the date of enactment of the FAST Act, the Secretary 
shall make available additional amounts of contract authority under 
subsections (b) and (c). 
‘‘(b) AMOUNT OF ADJUSTMENT.—If monies are deposited into 
the Highway Account or the Mass Transit Account as described 
in subsection (a), on October 1 of the fiscal year following the 
deposit of such monies, the Secretary shall— 
‘‘(1) make available for programs authorized from such 
account for such fiscal year a total amount equal to— 
‘‘(A) the amount otherwise authorized to be appro-
priated for such programs for such fiscal year; plus 
‘‘(B) an amount equal to such monies deposited into 
such account during the previous fiscal year as described 
in subsection (a); and 
‘‘(2) distribute the additional amount under paragraph 
(1)(B) to each of such programs in accordance with subsection 
(c). 
‘‘(c) DISTRIBUTION OF ADJUSTMENT AMONG PROGRAMS.— 
‘‘(1) IN GENERAL.—In making an adjustment for programs 
authorized to be appropriated from the Highway Account or 
the Mass Transit Account for a fiscal year under subsection 
(b), the Secretary shall— 
‘‘(A) determine the ratio that— 
‘‘(i) the amount authorized to be appropriated for 
a program from the account for the fiscal year; bears 
to 
‘‘(ii) the total amount authorized to be appropriated 
for such fiscal year for all programs under such 
account; 
‘‘(B) multiply the ratio determined under subparagraph 
(A) by the amount of the adjustment determined under 
subsection (b)(1)(B); and
H. R. 22—97 
‘‘(C) adjust the amount that the Secretary would other-
wise have allocated for the program for such fiscal year 
by the amount calculated under subparagraph (B). 
‘‘(2) FORMULA PROGRAMS.—For a program for which funds 
are distributed by formula, the Secretary shall add the adjust-
ment to the amount authorized for the program but for this 
section and make available the adjusted program amount for 
such program in accordance with such formula. 
‘‘(3) AVAILABILITY
FOR
OBLIGATION.—Adjusted amounts 
under this subsection shall be available for obligation and 
administered in the same manner as other amounts made 
available for the program for which the amount is adjusted. 
‘‘(d) EXCLUSION OF EMERGENCY RELIEF PROGRAM AND COVERED 
ADMINISTRATIVE EXPENSES.—The Secretary shall exclude the emer-
gency relief program under section 125 and covered administrative 
expenses from an adjustment of funding under subsection (c)(1). 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated from the appropriate account or accounts of 
the Highway Trust Fund an amount equal to the amount of an 
adjustment for a fiscal year under subsection (b) for any of fiscal 
years 2017 through 2020. 
‘‘(f) REVISION TO OBLIGATION LIMITATIONS.— 
‘‘(1) IN GENERAL.—If the Secretary makes an adjustment 
under subsection (b) for a fiscal year to an amount subject 
to a limitation on obligations imposed by section 1102 or 3018 
of the FAST Act— 
‘‘(A) such limitation on obligations for such fiscal year 
shall be revised by an amount equal to such adjustment; 
and 
‘‘(B) the Secretary shall distribute such limitation on 
obligations, as revised under subparagraph (A), in accord-
ance with such sections. 
‘‘(2) EXCLUSION OF COVERED ADMINISTRATIVE EXPENSES.— 
The Secretary shall exclude covered administrative expenses 
from— 
‘‘(A) any calculation relating to a revision of a limitation 
on obligations under paragraph (1)(A); and 
‘‘(B) any distribution of a revised limitation on obliga-
tions under paragraph (1)(B). 
‘‘(g) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) COVERED ADMINISTRATIVE EXPENSES.—The term ‘cov-
ered administrative expenses’ means the administrative 
expenses of— 
‘‘(A) the Federal Highway Administration, as author-
ized under section 104(a); 
‘‘(B) the National Highway Traffic Safety Administra-
tion, as authorized under section 4001(a)(6) of the FAST 
Act; and 
‘‘(C) the Federal Motor Carrier Safety Administration, 
as authorized under section 31110 of title 49. 
‘‘(2) HIGHWAY
ACCOUNT.—The term ‘Highway Account’ 
means the portion of the Highway Trust Fund that is not 
the Mass Transit Account. 
‘‘(3) MASS
TRANSIT
ACCOUNT.—The term ‘Mass Transit 
Account’ means the Mass Transit Account of the Highway
H. R. 22—98 
Trust Fund established under section 9503(e)(1) of the Internal 
Revenue Code of 1986.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
amended by inserting after the item relating to section 104 the 
following: 
‘‘105. Additional deposits into Highway Trust Fund.’’. 
SEC. 1404. DESIGN STANDARDS. 
(a) IN GENERAL.—Section 109 of title 23, United States Code, 
is amended— 
(1) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subparagraph (A) by 
striking ‘‘may take into account’’ and inserting ‘‘shall 
consider’’; 
(ii) in subparagraph (B) by striking ‘‘and’’ at the 
end; 
(iii) by redesignating subparagraph (C) as subpara-
graph (D); and 
(iv) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) cost savings by utilizing flexibility that exists in 
current design guidance and regulations; and’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (C) by striking ‘‘and’’ at the 
end; 
(ii) by redesignating subparagraph (D) as subpara-
graph (F); and 
(iii) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) the publication entitled ‘Highway Safety Manual’ 
of the American Association of State Highway and 
Transportation Officials; 
‘‘(E) the publication entitled ‘Urban Street Design 
Guide’ of the National Association of City Transportation 
Officials; and’’; and 
(2) in subsection (f) by inserting ‘‘pedestrian walkways,’’ 
after ‘‘bikeways,’’. 
(b) DESIGN STANDARD FLEXIBILITY.—Notwithstanding section 
109(o) of title 23, United States Code, a State may allow a local 
jurisdiction to use a roadway design publication that is different 
from the roadway design publication used by the State in which 
the local jurisdiction is located for the design of a project on a 
roadway under the ownership of the local jurisdiction (other than 
a highway on the Interstate System) if— 
(1) the local jurisdiction is a direct recipient of Federal 
funds for the project; 
(2) the roadway design publication— 
(A) is recognized by the Federal Highway Administra-
tion; and 
(B) is adopted by the local jurisdiction; and 
(3) the design complies with all other applicable Federal 
laws.
H. R. 22—99 
SEC. 1405. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE 
INTERSTATE SYSTEM. 
Section 111(e) of title 23, United States Code, is amended 
by inserting ‘‘(including new or modified freeway-to-crossroad inter-
changes inside a transportation management area)’’ after ‘‘the Inter-
state System’’. 
SEC. 1406. PERFORMANCE PERIOD ADJUSTMENT. 
(a) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—Section 119 
of title 23, United States Code, is amended— 
(1) in subsection (e)(7), by striking ‘‘for 2 consecutive reports 
submitted under this paragraph shall include in the next report 
submitted’’ and inserting ‘‘shall include as part of the perform-
ance target report under section 150(e)’’; and 
(2) in subsection (f)(1)(A) in the matter preceding clause 
(i) by striking ‘‘If, during 2 consecutive reporting periods, the 
condition of the Interstate System, excluding bridges on the 
Interstate System, in a State falls’’ and inserting ‘‘If a State 
reports that the condition of the Interstate System, excluding 
bridges on the Interstate System, has fallen’’. 
(b) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—Section 148(i) 
of title 23, United States Code, is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘performance targets of the State established under section 
150(d) by the date that is 2 years after the date of the establish-
ment of the performance targets’’ and inserting ‘‘safety perform-
ance targets of the State established under section 150(d)’’; 
and 
(2) in paragraphs (1) and (2), by inserting ‘‘safety’’ before 
‘‘performance targets’’ each place it appears. 
SEC. 1407. VEHICLE-TO-INFRASTRUCTURE EQUIPMENT. 
(a) NATIONAL
HIGHWAY
PERFORMANCE
PROGRAM.—Section 
119(d)(2)(L) of title 23, United States Code, is amended by inserting 
‘‘, including the installation of vehicle-to-infrastructure communica-
tion equipment’’ after ‘‘capital improvements’’. 
(b) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.—Sec-
tion 133(b)(1)(D) of title 23, United States Code, is amended by 
inserting ‘‘, including the installation of vehicle-to-infrastructure 
communication equipment’’ after ‘‘capital improvements’’. 
SEC. 1408. FEDERAL SHARE PAYABLE. 
(a) INNOVATIVE PROJECT DELIVERY METHODS.—Section 120(c)(3) 
of title 23, United States Code, is amended— 
(1) in subparagraph (A)(ii)— 
(A) by inserting ‘‘engineering or design approaches,’’ 
after ‘‘technologies,’’; and 
(B) by inserting ‘‘or project delivery’’ after ‘‘or con-
tracting’’; 
(2) in subparagraph (B)— 
(A) in clause (iii) by inserting ‘‘and alternative bidding’’ 
before the semicolon at the end; 
(B) in clause (iv) by striking ‘‘or’’ at the end; 
(C) by redesignating clause (v) as clause (vi); and 
(D) by inserting after clause (iv) the following: 
‘‘(v) innovative pavement materials that have a 
demonstrated life cycle of 75 or more years, are manu-
factured with reduced greenhouse gas emissions, and
H. R. 22—100 
reduce construction-related congestion by rapidly 
curing; or’’; and 
(b) EMERGENCY RELIEF.—Section 120(e)(2) of title 23, United 
States Code, is amended by striking ‘‘Federal land access transpor-
tation facilities’’ and inserting ‘‘other Federally owned roads that 
are open to public travel’’. 
SEC. 1409. MILK PRODUCTS. 
Section 127(a) of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘(13) MILK PRODUCTS.—A vehicle carrying fluid milk prod-
ucts shall be considered a load that cannot be easily dismantled 
or divided.’’. 
SEC. 1410. INTERSTATE WEIGHT LIMITS. 
Section 127 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘(m) COVERED HEAVY-DUTY TOW AND RECOVERY VEHICLES.— 
‘‘(1) IN GENERAL.—The vehicle weight limitations set forth 
in this section do not apply to a covered heavy-duty tow and 
recovery vehicle. 
‘‘(2) COVERED
HEAVY-DUTY
TOW
AND
RECOVERY
VEHICLE 
DEFINED.—In this subsection, the term ‘covered heavy-duty tow 
and recovery vehicle’ means a vehicle that— 
‘‘(A) is transporting a disabled vehicle from the place 
where the vehicle became disabled to the nearest appro-
priate repair facility; and 
‘‘(B) has a gross vehicle weight that is equal to or 
exceeds the gross vehicle weight of the disabled vehicle 
being transported. 
‘‘(n) OPERATION OF VEHICLES ON CERTAIN HIGHWAYS IN THE 
STATE OF TEXAS.—If any segment in the State of Texas of United 
States Route 59, United States Route 77, United States Route 
281, United States Route 84, Texas State Highway 44, or another 
roadway is designated as Interstate Route 69, a vehicle that could 
operate legally on that segment before the date of the designation 
may continue to operate on that segment, without regard to any 
requirement under this section. 
‘‘(o) CERTAIN LOGGING VEHICLES IN THE STATE OF WISCONSIN.— 
‘‘(1) IN GENERAL.—The Secretary shall waive, with respect 
to a covered logging vehicle, the application of any vehicle 
weight limit established under this section. 
‘‘(2) COVERED
LOGGING
VEHICLE
DEFINED.—In this sub-
section, the term ‘covered logging vehicle’ means a vehicle 
that— 
‘‘(A) is transporting raw or unfinished forest products, 
including logs, pulpwood, biomass, or wood chips; 
‘‘(B) has a gross vehicle weight of not more than 98,000 
pounds; 
‘‘(C) has not less than 6 axles; and 
‘‘(D) is operating on a segment of Interstate Route 
39 in the State of Wisconsin from mile marker 175.8 to 
mile marker 189. 
‘‘(p) OPERATION OF CERTAIN SPECIALIZED VEHICLES ON CERTAIN 
HIGHWAYS IN THE STATE OF ARKANSAS.—If any segment of United 
States Route 63 between the exits for highways 14 and 75 in 
the State of Arkansas is designated as part of the Interstate System, 
the single axle weight, tandem axle weight, gross vehicle weight,
H. R. 22—101 
and bridge formula limits under subsection (a) and the width limita-
tion under section 31113(a) of title 49 shall not apply to that 
segment with respect to the operation of any vehicle that could 
operate legally on that segment before the date of the designation. 
‘‘(q) CERTAIN
LOGGING
VEHICLES
IN
THE
STATE
OF
MIN-
NESOTA.— 
‘‘(1) IN GENERAL.—The Secretary shall waive, with respect 
to a covered logging vehicle, the application of any vehicle 
weight limit established under this section. 
‘‘(2) COVERED
LOGGING
VEHICLE
DEFINED.—In this sub-
section, the term ‘covered logging vehicle’ means a vehicle 
that— 
‘‘(A) is transporting raw or unfinished forest products, 
including logs, pulpwood, biomass, or wood chips; 
‘‘(B) has a gross vehicle weight of not more than 99,000 
pounds; 
‘‘(C) has not less than 6 axles; and 
‘‘(D) is operating on a segment of Interstate Route 
35 in the State of Minnesota from mile marker 235.4 to 
mile marker 259.552. 
‘‘(r) EMERGENCY VEHICLES.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection (a), a State 
shall not enforce against an emergency vehicle a vehicle weight 
limit (up to a maximum gross vehicle weight of 86,000 pounds) 
of less than— 
‘‘(A) 24,000 pounds on a single steering axle; 
‘‘(B) 33,500 pounds on a single drive axle; 
‘‘(C) 62,000 pounds on a tandem axle; or 
‘‘(D) 52,000 pounds on a tandem rear drive steer axle. 
‘‘(2) EMERGENCY VEHICLE DEFINED.—In this subsection, the 
term ‘emergency vehicle’ means a vehicle designed to be used 
under emergency conditions— 
‘‘(A) to transport personnel and equipment; and 
‘‘(B) to support the suppression of fires and mitigation 
of other hazardous situations. 
‘‘(s) NATURAL GAS VEHICLES.—A vehicle, if operated by an 
engine fueled primarily by natural gas, may exceed any vehicle 
weight limit (up to a maximum gross vehicle weight of 82,000 
pounds) under this section by an amount that is equal to the 
difference between— 
‘‘(1) the weight of the vehicle attributable to the natural 
gas tank and fueling system carried by that vehicle; and 
‘‘(2) the weight of a comparable diesel tank and fueling 
system.’’. 
SEC. 1411. TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION 
AND REHABILITATION. 
(a) TOLLING.—Section 129(a) of title 23, United States Code, 
is amended— 
(1) in paragraph (3)(A), in the matter preceding clause 
(i)— 
(A) by striking ‘‘shall use’’ and inserting ‘‘shall ensure 
that’’; and 
(B) by inserting ‘‘are used’’ before ‘‘only for’’; 
(2) by striking paragraph (4) and redesignating paragraphs 
(5) through (9) as paragraphs (4) through (8), respectively; 
and
H. R. 22—102 
(3) in subparagraph (B) of paragraph (4) (as so redesig-
nated) by striking ‘‘Federal-aid system’’ and inserting ‘‘Federal- 
aid highways’’; 
(4) by inserting after paragraph (8) (as so redesignated)— 
‘‘(9) EQUAL ACCESS FOR OVER-THE-ROAD BUSES.—An over- 
the-road bus that serves the public shall be provided access 
to a toll facility under the same rates, terms, and conditions 
as public transportation buses.’’; and 
(5) in paragraph (10)— 
(A) by redesignating subparagraphs (C) and (D) as 
subparagraphs (D) and (E), respectively; and 
(B) by inserting after subparagraph (B) the following: 
‘‘(C) OVER-THE-ROAD BUS.—The term ‘over-the-road bus’ 
has the meaning given the term in section 301 of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12181).’’. 
(b) HOV FACILITIES.—Section 166 of title 23, United States 
Code, is amended— 
(1) by striking ‘‘the agency’’ each place it appears and 
inserting ‘‘the authority’’; 
(2) in subsection (a)(1)— 
(A) by striking the paragraph heading and inserting 
‘‘AUTHORITY OF PUBLIC AUTHORITIES’’; and 
(B) by striking ‘‘State agency’’ and inserting ‘‘public 
authority’’; 
(3) in subsection (b)— 
(A) by striking ‘‘State agency’’ each place it appears 
and inserting ‘‘public authority’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A) by striking ‘‘and’’ at the 
end; 
(ii) in subparagraph (B) by striking the period 
at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following: 
‘‘(C) provides equal access under the same rates, terms, 
and conditions for all public transportation vehicles and 
over-the-road buses serving the public.’’; 
(C) in paragraph (4)(C)— 
(i) in clause (i) by striking ‘‘and’’ at the end; 
(ii) in clause (ii) by striking the period at the 
end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following: 
‘‘(iii) ensure that over-the-road buses serving the 
public are provided access to the facility under the 
same rates, terms, and conditions as public transpor-
tation buses.’’; and 
(D) in paragraph (5)— 
(i) by striking subparagraph (A) and inserting the 
following: 
‘‘(A) SPECIAL RULE.—Before September 30, 2025, if a 
public authority establishes procedures for enforcing the 
restrictions on the use of a HOV facility by vehicles 
described in clauses (i) and (ii), the public authority may 
allow the use of the HOV facility by— 
‘‘(i) alternative fuel vehicles; and 
‘‘(ii) any motor vehicle described in section 
30D(d)(1) of the Internal Revenue Code of 1986.’’; and
H. R. 22—103 
(ii) in subparagraph (B) by striking ‘‘2017’’ and 
inserting ‘‘2019’’; 
(4) in subsection (c)— 
(A) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—Notwithstanding section 301, tolls may 
be charged under paragraphs (4) and (5) of subsection (b), 
subject to the requirements of section 129.’’; and 
(B) by striking paragraph (2) and redesignating para-
graph (3) as paragraph (2); 
(5) in subsection (d)— 
(A) by striking ‘‘State agency’’ each place it appears 
and inserting ‘‘public authority’’; 
(B) in paragraph (1)— 
(i) by striking subparagraphs (D) and (E); and 
(ii) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) MAINTENANCE OF OPERATING PERFORMANCE.— 
‘‘(i) SUBMISSION OF PLAN.—Not later than 180 days 
after the date on which a facility is degraded under 
paragraph (2), the public authority with jurisdiction 
over the facility shall submit to the Secretary for 
approval a plan that details the actions the public 
authority will take to make significant progress toward 
bringing the facility into compliance with the minimum 
average operating speed performance standard through 
changes to the operation of the facility, including— 
‘‘(I) increasing the occupancy requirement for 
HOV lanes; 
‘‘(II) varying the toll charged to vehicles 
allowed under subsection (b) to reduce demand; 
‘‘(III) discontinuing allowing non-HOV vehicles 
to use HOV lanes under subsection (b); or 
‘‘(IV) increasing the available capacity of the 
HOV facility. 
‘‘(ii) NOTICE OF APPROVAL OR DISAPPROVAL.—Not 
later than 60 days after the date of receipt of a plan 
under clause (i), the Secretary shall provide to the 
public authority a written notice indicating whether 
the Secretary has approved or disapproved the plan 
based on a determination of whether the implementa-
tion of the plan will make significant progress toward 
bringing the HOV facility into compliance with the 
minimum 
average 
operating 
speed 
performance 
standard. 
‘‘(iii) ANNUAL PROGRESS UPDATES.—Until the date 
on which the Secretary determines that the public 
authority has brought the HOV facility into compliance 
with this subsection, the public authority shall submit 
annual updates that describe— 
‘‘(I) the actions taken to bring the HOV facility 
into compliance; and 
‘‘(II) the progress made by those actions. 
‘‘(E) COMPLIANCE.—If the public authority fails to bring 
a facility into compliance under subparagraph (D), the Sec-
retary shall subject the public authority to appropriate 
program sanctions under section 1.36 of title 23, Code
H. R. 22—104 
of Federal Regulations (or successor regulations), until the 
performance is no longer degraded. 
‘‘(F) WAIVER.— 
‘‘(i) IN GENERAL.—Upon the request of a public 
authority, the Secretary may waive the compliance 
requirements of subparagraph (E), if the Secretary 
determines that— 
‘‘(I) the waiver is in the best interest of the 
traveling public; 
‘‘(II) the public authority is meeting the condi-
tions under subparagraph (D); and 
‘‘(III) the public authority has made a good 
faith effort to improve the performance of the 
facility. 
‘‘(ii) CONDITION.—The Secretary may require, as 
a condition of providing a waiver under this subpara-
graph, that a public authority take additional actions, 
as determined by the Secretary, to maximize the oper-
ating speed performance of the facility, even if such 
performance is below the level set under paragraph 
(2).’’; 
(6) in subsection (f)— 
(A) in paragraph (1), in the matter preceding subpara-
graph (A), by inserting ‘‘solely’’ before ‘‘operating’’; 
(B) in paragraph (4)(B)(iii) by striking ‘‘State agency’’ 
and inserting ‘‘public authority’’; 
(C) by striking paragraph (5); 
(D) by redesignating paragraph (4) as paragraph (6); 
and 
(E) by inserting after paragraph (3) the following: 
‘‘(4) OVER-THE-ROAD BUS.—The term ‘over-the-road bus’ has 
the meaning given the term in section 301 of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12181). 
‘‘(5) PUBLIC
AUTHORITY.—The term ‘public authority’ as 
used with respect to a HOV facility, means a State, interstate 
compact of States, public entity designated by a State, or local 
government having jurisdiction over the operation of the 
facility.’’; and 
(7) by adding at the end the following: 
‘‘(g) CONSULTATION OF MPO.—If a HOV facility charging tolls 
under paragraph (4) or (5) of subsection (b) is on the Interstate 
System and located in a metropolitan planning area established 
in accordance with section 134, the public authority shall consult 
with the metropolitan planning organization for the area concerning 
the placement and amount of tolls on the facility.’’. 
(c) INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION 
PILOT PROGRAM.—Section 1216(b) of the Transportation Equity Act 
for the 21st Century (Public Law 105–178) is amended— 
(1) in paragraph (4)— 
(A) in subparagraph (D) by striking ‘‘and’’ at the end; 
(B) in subparagraph (E) by striking the period and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(F) the State has the authority required for the project 
to proceed.’’; 
(2) by redesignating paragraphs (6) through (8) as para-
graphs (8) through (10), respectively; and
H. R. 22—105 
(3) by inserting after paragraph (5) the following: 
‘‘(6) REQUIREMENTS FOR PROJECT COMPLETION.— 
‘‘(A) GENERAL TERM FOR EXPIRATION OF PROVISIONAL 
APPLICATION.—An application provisionally approved by the 
Secretary under this subsection shall expire 3 years after 
the date on which the application was provisionally 
approved if the State has not— 
‘‘(i) submitted a complete application to the Sec-
retary that fully satisfies the eligibility criteria under 
paragraph (3) and the selection criteria under para-
graph (4); 
‘‘(ii) completed the environmental review and 
permitting process under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the 
pilot project; and 
‘‘(iii) executed a toll agreement with the Secretary. 
‘‘(B) EXCEPTIONS
TO
EXPIRATION.—Notwithstanding 
subparagraph (A), the Secretary may extend the provisional 
approval for not more than 1 additional year if the State 
demonstrates material progress toward implementation of 
the project as evidenced by— 
‘‘(i) substantial progress in completing the environ-
mental review and permitting process for the pilot 
project under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(ii) funding and financing commitments for the 
pilot project; 
‘‘(iii) expressions of support for the pilot project 
from 
State 
and 
local 
governments, 
community 
interests, and the public; and 
‘‘(iv) submission of a facility management plan 
pursuant to paragraph (3)(D). 
‘‘(C) CONDITIONS
FOR
PREVIOUSLY
PROVISIONALLY 
APPROVED
APPLICATIONS.—A State with a provisionally 
approved application for a pilot project as of the date of 
enactment of the FAST Act shall have 1 year after that 
date of enactment to meet the requirements of subpara-
graph (A) or receive an extension from the Secretary under 
subparagraph (B), or the application will expire. 
‘‘(7) DEFINITION.—In this subsection, the term ‘provisional 
approval’ or ‘provisionally approved’ means the approval by 
the Secretary of a partial application under this subsection, 
including the reservation of a slot in the pilot program.’’. 
(d) APPROVAL OF APPLICATIONS.—The Secretary may approve 
an application submitted under section 1604(c) of SAFETEA–LU 
(Public Law 109–59; 119 Stat. 1253) if the application, or any 
part of the application, was submitted before the deadline specified 
in section 1604(c)(8) of that Act. 
SEC. 1412. PROJECTS FOR PUBLIC SAFETY RELATING TO IDLING 
TRAINS. 
Section 130(a) of title 23, United States Code, is amended 
by striking ‘‘and the relocation of highways to eliminate grade 
crossings’’ and inserting ‘‘the relocation of highways to eliminate 
grade crossings, and projects at grade crossings to eliminate hazards 
posed by blocked grade crossings due to idling trains’’.
H. R. 22—106 
SEC. 1413. NATIONAL ELECTRIC VEHICLE CHARGING AND HYDROGEN, 
PROPANE, AND NATURAL GAS FUELING CORRIDORS. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 
is amended by inserting after section 150 the following: 
‘‘§ 151. National electric vehicle charging and hydrogen, pro-
pane, and natural gas fueling corridors 
‘‘(a) IN GENERAL.—Not later than 1 year after the date of 
enactment of the FAST Act, the Secretary shall designate national 
electric vehicle charging and hydrogen, propane, and natural gas 
fueling corridors that identify the near- and long-term need for, 
and location of, electric vehicle charging infrastructure, hydrogen 
fueling infrastructure, propane fueling infrastructure, and natural 
gas fueling infrastructure at strategic locations along major national 
highways to improve the mobility of passenger and commercial 
vehicles that employ electric, hydrogen fuel cell, propane, and nat-
ural gas fueling technologies across the United States. 
‘‘(b) DESIGNATION OF CORRIDORS.—In designating the corridors 
under subsection (a), the Secretary shall— 
‘‘(1) solicit nominations from State and local officials for 
facilities to be included in the corridors; 
‘‘(2) incorporate existing electric vehicle charging, hydrogen 
fueling, propane fueling, and natural gas fueling corridors des-
ignated by a State or group of States; and 
‘‘(3) consider the demand for, and location of, existing elec-
tric vehicle charging stations, hydrogen fueling stations, pro-
pane fueling stations, and natural gas fueling infrastructure. 
‘‘(c) STAKEHOLDERS.—In designating corridors under subsection 
(a), the Secretary shall involve, on a voluntary basis, stakeholders 
that include— 
‘‘(1) the heads of other Federal agencies; 
‘‘(2) State and local officials; 
‘‘(3) representatives of— 
‘‘(A) energy utilities; 
‘‘(B) the electric, fuel cell electric, propane, and natural 
gas vehicle industries; 
‘‘(C) the freight and shipping industry; 
‘‘(D) clean technology firms; 
‘‘(E) the hospitality industry; 
‘‘(F) the restaurant industry; 
‘‘(G) highway rest stop vendors; and 
‘‘(H) industrial gas and hydrogen manufacturers; and 
‘‘(4) such other stakeholders as the Secretary determines 
to be necessary. 
‘‘(d) REDESIGNATION.—Not later than 5 years after the date 
of establishment of the corridors under subsection (a), and every 
5 years thereafter, the Secretary shall update and redesignate 
the corridors. 
‘‘(e) REPORT.—During designation and redesignation of the cor-
ridors under this section, the Secretary shall issue a report that— 
‘‘(1) identifies electric vehicle charging infrastructure, 
hydrogen fueling infrastructure, propane fueling infrastructure, 
and natural gas fueling infrastructure and standardization 
needs for electricity providers, industrial gas providers, natural 
gas providers, infrastructure providers, vehicle manufacturers, 
electricity purchasers, and natural gas purchasers; and
H. R. 22—107 
‘‘(2) establishes an aspirational goal of achieving strategic 
deployment of electric vehicle charging infrastructure, hydrogen 
fueling infrastructure, propane fueling infrastructure, and nat-
ural gas fueling infrastructure in those corridors by the end 
of fiscal year 2020.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of 
title 23, United States Code, is amended by inserting after the 
item relating to section 150 the following: 
‘‘151. National electric vehicle charging and hydrogen, propane, and natural gas 
fueling corridors.’’. 
(c) OPERATION OF BATTERY RECHARGING STATIONS IN PARKING 
AREAS USED BY FEDERAL EMPLOYEES.— 
(1) AUTHORIZATION.— 
(A) IN GENERAL.—The Administrator of General Serv-
ices may install, construct, operate, and maintain on a 
reimbursable basis a battery recharging station (or allow, 
on a reimbursable basis, the use of a 120-volt electrical 
receptacle for battery recharging) in a parking area that 
is in the custody, control, or administrative jurisdiction 
of the General Services Administration for the use of only 
privately owned vehicles of employees of the General Serv-
ices Administration, tenant Federal agencies, and others 
who are authorized to park in such area to the extent 
such use by only privately owned vehicles does not interfere 
with or impede access to the equipment by Federal fleet 
vehicles. 
(B) AREAS
UNDER
OTHER
FEDERAL
AGENCIES.—The 
Administrator of General Services (on the request of a 
Federal agency) or the head of a Federal agency may 
install, construct, operate, and maintain on a reimbursable 
basis a battery recharging station (or allow, on a reimburs-
able basis, the use of a 120-volt electrical receptacle for 
battery recharging) in a parking area that is in the custody, 
control, or administrative jurisdiction of the requesting 
Federal agency, to the extent such use by only privately 
owned vehicles does not interfere with or impede access 
to the equipment by Federal fleet vehicles. 
(C) USE OF VENDORS.—The Administrator of General 
Services, with respect to subparagraph (A) or (B), or the 
head of a Federal agency, with respect to subparagraph 
(B), may carry out such subparagraph through a contract 
with a vendor, under such terms and conditions (including 
terms relating to the allocation between the Federal agency 
and the vendor of the costs of carrying out the contract) 
as the Administrator or the head of the Federal agency, 
as the case may be, and the vendor may agree to. 
(2) IMPOSITION OF FEES TO COVER COSTS.— 
(A) FEES.—The Administrator of General Services or 
the head of the Federal agency under paragraph (1)(B) 
shall charge fees to the individuals who use the battery 
recharging station in such amount as is necessary to ensure 
that the respective agency recovers all of the costs such 
agency incurs in installing, constructing, operating, and 
maintaining the station. 
(B) DEPOSIT AND AVAILABILITY OF FEES.—Any fees col-
lected by the Administrator of General Services or the
H. R. 22—108 
Federal agency, as the case may be, under this paragraph 
shall be— 
(i) deposited monthly in the Treasury to the credit 
of the respective agency’s appropriations account for 
the operations of the building where the battery re-
charging station is located; and 
(ii) available for obligation without further appro-
priation during— 
(I) the fiscal year collected; and 
(II) the fiscal year following the fiscal year 
collected. 
(3) NO
EFFECT
ON
EXISTING
PROGRAMS
FOR
HOUSE
AND 
SENATE.—Nothing in this subsection affects the installation, 
construction, operation, or maintenance of battery recharging 
stations by the Architect of the Capitol— 
(A) under Public Law 112–170 (2 U.S.C. 2171), relating 
to employees of the House of Representatives and individ-
uals authorized to park in any parking area under the 
jurisdiction of the House of Representatives on the Capitol 
Grounds; or 
(B) under Public Law 112–167 (2 U.S.C. 2170), relating 
to employees of the Senate and individuals authorized to 
park in any parking area under the jurisdiction of the 
Senate on the Capitol Grounds. 
(4) NO EFFECT ON SIMILAR AUTHORITIES.—Nothing in this 
subsection— 
(A) repeals or limits any existing authorities of a Fed-
eral agency to install, construct, operate, or maintain bat-
tery recharging stations; or 
(B) requires a Federal agency to seek reimbursement 
for the costs of installing or constructing a battery re-
charging station— 
(i) that has been installed or constructed prior 
to the date of enactment of this Act; 
(ii) that is installed or constructed for Federal 
fleet vehicles, but that receives incidental use to 
recharge privately owned vehicles; or 
(iii) that is otherwise installed or constructed 
pursuant to appropriations for that purpose. 
(5) ANNUAL REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this Act, and annually thereafter 
for 10 years, the Administrator of General Services shall submit 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment 
and Public Works of the Senate a report describing— 
(A) the number of battery recharging stations installed 
by the Administrator on the Administrator’s own initiative 
under this subsection; 
(B) requests from other Federal agencies to install 
battery recharging stations; and 
(C) the status and disposition of requests from other 
Federal agencies. 
(6) FEDERAL AGENCY DEFINED.—In this subsection, the term 
‘‘Federal agency’’ has the meaning given the term ‘‘Executive 
agency’’ in section 105 of title 5, United States Code, and 
includes— 
(A) the United States Postal Service;
H. R. 22—109 
(B) the Executive Office of the President; 
(C) the military departments (as defined in section 
102 of title 5, United States Code); and 
(D) the judicial branch. 
(7) EFFECTIVE
DATE.—This subsection shall apply with 
respect to fiscal year 2016 and each succeeding fiscal year. 
SEC. 1414. REPEAT OFFENDER CRITERIA. 
Section 164(a) of title 23, United States Code, is amended— 
(1) by redesignating paragraphs (1) through (4) as para-
graphs (2) through (5), respectively; 
(2) by inserting before paragraph (2), as redesignated, the 
following: 
‘‘(1) 24-7 SOBRIETY PROGRAM.—The term ‘24-7 sobriety pro-
gram’ has the meaning given the term in section 405(d)(7)(A).’’; 
(3) in paragraph (5), as redesignated— 
(A) in the matter preceding subparagraph (A), by 
inserting ‘‘or combination of laws or programs’’ after ‘‘State 
law’’; 
(B) by amending subparagraph (A) to read as follows: 
‘‘(A) receive, for a period of not less than 1 year— 
‘‘(i) a suspension of all driving privileges; 
‘‘(ii) a restriction on driving privileges that limits 
the individual to operating only motor vehicles with 
an ignition interlock device installed, unless a special 
exception applies; 
‘‘(iii) a restriction on driving privileges that limits 
the individual to operating motor vehicles only if 
participating in, and complying with, a 24-7 sobriety 
program; or 
‘‘(iv) any combination of clauses (i) through (iii);’’; 
(C) by striking subparagraph (B); 
(D) by redesignating subparagraphs (C) and (D) as 
subparagraphs (B) and (C), respectively; and 
(E) in subparagraph (C), as redesignated— 
(i) in clause (i)(II) by inserting before the semicolon 
the following: ‘‘(unless the State certifies that the gen-
eral practice is that such an individual will be incarcer-
ated)’’; and 
(ii) in clause (ii)(II) by inserting before the period 
at the end the following: ‘‘(unless the State certifies 
that the general practice is that such an individual 
will receive 10 days of incarceration)’’; and 
(4) by adding at the end the following: 
‘‘(6) SPECIAL
EXCEPTION.—The term ‘special exception’ 
means an exception under a State alcohol-ignition interlock 
law for the following circumstances: 
‘‘(A) The individual is required to operate an employer’s 
motor vehicle in the course and scope of employment and 
the business entity that owns the vehicle is not owned 
or controlled by the individual. 
‘‘(B) The individual is certified by a medical doctor 
as being unable to provide a deep lung breath sample 
for analysis by an ignition interlock device.’’.
H. R. 22—110 
SEC. 1415. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLI-
NATOR HABITAT AND FORAGE ON TRANSPORTATION 
RIGHTS-OF-WAY. 
(a) IN GENERAL.—Section 319 of title 23, United States Code, 
is amended— 
(1) in subsection (a) by inserting ‘‘(including the enhance-
ment of habitat and forage for pollinators)’’ before ‘‘adjacent’’; 
and 
(2) by adding at the end the following: 
‘‘(c) ENCOURAGEMENT
OF POLLINATOR HABITAT
AND FORAGE 
DEVELOPMENT AND PROTECTION ON TRANSPORTATION RIGHTS-OF- 
WAY.—In carrying out any program administered by the Secretary 
under this title, the Secretary shall, in conjunction with willing 
States, as appropriate— 
‘‘(1) encourage integrated vegetation management practices 
on roadsides and other transportation rights-of-way, including 
reduced mowing; and 
‘‘(2) encourage the development of habitat and forage for 
Monarch butterflies, other native pollinators, and honey bees 
through plantings of native forbs and grasses, including 
noninvasive, native milkweed species that can serve as migra-
tory way stations for butterflies and facilitate migrations of 
other pollinators.’’. 
(b) PROVISION OF HABITAT, FORAGE, AND MIGRATORY WAY STA-
TIONS FOR MONARCH BUTTERFLIES, OTHER NATIVE POLLINATORS, 
AND HONEY BEES.—Section 329(a)(1) of title 23, United States 
Code, is amended by inserting ‘‘provision of habitat, forage, and 
migratory way stations for Monarch butterflies, other native polli-
nators, and honey bees,’’ before ‘‘and aesthetic enhancement’’. 
SEC. 1416. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY 
SYSTEM. 
(a) IDENTIFICATION OF HIGH PRIORITY CORRIDORS ON NATIONAL 
HIGHWAY
SYSTEM.—Section 1105(c) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 
190; 119 Stat. 1213) is amended— 
(1) by striking paragraph (13) and inserting the following: 
‘‘(13) Raleigh-Norfolk Corridor from Raleigh, North Caro-
lina, through Rocky Mount, Williamston, and Elizabeth City, 
North Carolina, to Norfolk, Virginia.’’; 
(2) in paragraph (18)(D)— 
(A) in clause (ii) by striking ‘‘and’’ at the end; 
(B) in clause (iii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(iv) include Texas State Highway 44 from United 
States Route 59 at Freer, Texas, to Texas State High-
way 358.’’; 
(3) by striking paragraph (68) and inserting the following: 
‘‘(68) The Washoe County Corridor and the Intermountain 
West Corridor, which shall generally follow— 
‘‘(A) for the Washoe County Corridor, along Interstate 
Route 580/United States Route 95/United States Route 95A 
from Reno, Nevada, to Las Vegas, Nevada; and 
‘‘(B) for the Intermountain West Corridor, from the 
vicinity of Las Vegas, Nevada, north along United States 
Route 95 terminating at Interstate Route 80.’’; and
H. R. 22—111 
(4) by adding at the end the following: 
‘‘(81) United States Route 117/Interstate Route 795 from 
United States Route 70 in Goldsboro, Wayne County, North 
Carolina, to Interstate Route 40 west of Faison, Sampson 
County, North Carolina. 
‘‘(82) United States Route 70 from its intersection with 
Interstate Route 40 in Garner, Wake County, North Carolina, 
to the Port at Morehead City, Carteret County, North Carolina. 
‘‘(83) The Sonoran Corridor along State Route 410 con-
necting Interstate Route 19 and Interstate Route 10 south 
of the Tucson International Airport. 
‘‘(84) The Central Texas Corridor commencing at the logical 
terminus of Interstate Route 10, generally following portions 
of United States Route 190 eastward, passing in the vicinity 
Fort Hood, Killeen, Belton, Temple, Bryan, College Station, 
Huntsville, Livingston, and Woodville, to the logical terminus 
of Texas Highway 63 at the Sabine River Bridge at Burrs 
Crossing. 
‘‘(85) Interstate Route 81 in New York from its intersection 
with Interstate Route 86 to the United States-Canadian border. 
‘‘(86) Interstate Route 70 from Denver, Colorado, to Salt 
Lake City, Utah. 
‘‘(87) The Oregon 99W Newberg-Dundee Bypass Route 
between Newberg, Oregon, and Dayton, Oregon. 
‘‘(88) Interstate Route 205 in Oregon from its intersection 
with Interstate Route 5 to the Columbia River.’’. 
(b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON INTERSTATE 
SYSTEM.—Section 1105(e)(5)(A) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (109 Stat. 597; 118 Stat. 293; 119 
Stat. 1213) is amended in the first sentence— 
(1) by inserting ‘‘subsection (c)(13),’’ after ‘‘subsection 
(c)(9),’’; 
(2) by striking ‘‘subsections (c)(18)’’ and all that follows 
through ‘‘subsection (c)(36)’’ and inserting ‘‘subsection (c)(18), 
subsection (c)(20), subparagraphs (A) and (B)(i) of subsection 
(c)(26), subsection (c)(36)’’; and 
(3) by striking ‘‘and subsection (c)(57)’’ and inserting ‘‘sub-
section (c)(57), subsection (c)(68)(B), subsection (c)(81), sub-
section (c)(82), and subsection (c)(83)’’. 
(c) DESIGNATION.—Section 1105(e)(5)(C)(i) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (109 Stat. 598; 126 
Stat. 427) is amended by striking the final sentence and inserting 
the following: ‘‘The routes referred to in subparagraphs (A) and 
(B)(i) of subsection (c)(26) and in subsection (c)(68)(B) are designated 
as Interstate Route I–11. The route referred to in subsection (c)(84) 
is designated as Interstate Route I–14.’’. 
(d) FUTURE INTERSTATE DESIGNATION.—Section 119(a) of the 
SAFETEA–LU Technical Corrections Act of 2008 (122 Stat. 1608) 
is amended by striking ‘‘and, as a future Interstate Route 66 Spur, 
the Natcher Parkway in Owensboro, Kentucky’’ and inserting 
‘‘between Henderson, Kentucky, and Owensboro, Kentucky, and, 
as a future Interstate Route 65 and 66 Spur, the William H. 
Natcher 
Parkway 
between 
Bowling 
Green, 
Kentucky, 
and 
Owensboro, Kentucky’’.
H. R. 22—112 
SEC. 1417. WORK ZONE AND GUARD RAIL SAFETY TRAINING. 
(a) IN GENERAL.—Section 1409 of SAFETEA–LU (23 U.S.C. 
401 note) is amended— 
(1) by striking the section heading and inserting ‘‘WORK 
ZONE AND GUARD RAIL SAFETY TRAINING’’; and 
(2) in subsection (b) by adding at the end the following: 
‘‘(4) Development, updating, and delivery of training 
courses on guard rail installation, maintenance, and inspec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1(b) of such Act is amended by striking the item relating to section 
1409 and inserting the following: 
‘‘Sec. 1409. Work zone and guard rail safety training.’’. 
SEC. 1418. CONSOLIDATION OF PROGRAMS. 
Section 1519(a) of MAP–21 (126 Stat. 574) is amended by 
striking ‘‘From administrative funds’’ and all that follows through 
‘‘shall be made available’’ and inserting ‘‘For each of fiscal years 
2016 through 2020, before making an apportionment under section 
104(b)(3) of title 23, United States Code, the Secretary shall set 
aside, from amounts made available to carry out the highway safety 
improvement program under section 148 of such title for the fiscal 
year, $3,500,000’’. 
SEC. 1419. ELIMINATION OR MODIFICATION OF CERTAIN REPORTING 
REQUIREMENTS. 
(a) FUNDAMENTAL PROPERTIES OF ASPHALTS REPORT.—Section 
6016(e) of the Intermodal Surface Transportation Efficiency Act 
of 1991 (105 Stat. 2183) is repealed. 
(b) EXPRESS LANES DEMONSTRATION PROGRAM REPORTS.—Sec-
tion 1604(b)(7)(B) of SAFETEA–LU (23 U.S.C. 129 note) is repealed. 
SEC. 1420. FLEXIBILITY FOR PROJECTS. 
(a) AUTHORITY.—With respect to projects eligible for funding 
under title 23, United States Code, subject to subsection (b) and 
on request by a State, the Secretary may— 
(1) exercise all existing flexibilities under and exceptions 
to— 
(A) the requirements of title 23, United States Code; 
and 
(B) other requirements administered by the Secretary, 
in whole or part; and 
(2) otherwise provide additional flexibility or expedited 
processing with respect to the requirements described in para-
graph (1). 
(b) MAINTAINING PROTECTIONS.—Nothing in this section— 
(1) waives the requirements of section 113 or 138 of title 
23, United States Code; 
(2) supersedes, amends, or modifies— 
(A) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) or any other Federal environmental 
law; or 
(B) any requirement of title 23 or title 49, United 
States Code; or 
(3) affects the responsibility of any Federal officer to comply 
with or enforce any law or requirement described in this sub-
section.
H. R. 22—113 
SEC. 1421. PRODUCTIVE AND TIMELY EXPENDITURE OF FUNDS. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall develop guidance that encour-
ages the use of programmatic approaches to project delivery, expe-
dited and prudent procurement techniques, and other best practices 
to facilitate productive, effective, and timely expenditure of funds 
for projects eligible for funding under title 23, United States Code. 
(b) IMPLEMENTATION.—The Secretary shall work with States 
to ensure that any guidance developed under subsection (a) is 
consistently implemented by States and the Federal Highway 
Administration to— 
(1) avoid unnecessary delays in completing projects; 
(2) minimize cost overruns; and 
(3) ensure the effective use of Federal funding. 
SEC. 1422. STUDY ON PERFORMANCE OF BRIDGES. 
(a) IN GENERAL.—Subject to subsection (c), the Administrator 
of the Federal Highway Administration (referred to in this section 
as the ‘‘Administrator’’) shall commission the Transportation 
Research Board of the National Academy of Sciences to conduct 
a study on the performance of bridges that received funding under 
the innovative bridge research and construction program (referred 
to in this section as the ‘‘program’’) under section 503(b) of title 
23, United States Code (as in effect on the day before the date 
of enactment of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144)) 
in meeting the goals of that program, which included— 
(1) the development of new, cost-effective innovative mate-
rial highway bridge applications; 
(2) the reduction of maintenance costs and lifecycle costs 
of bridges, including the costs of new construction, replacement, 
or rehabilitation of deficient bridges; 
(3) the development of construction techniques to increase 
safety and reduce construction time and traffic congestion; 
(4) the development of engineering design criteria for 
innovative products and materials for use in highway bridges 
and structures; 
(5) the development of cost-effective and innovative tech-
niques to separate vehicle and pedestrian traffic from railroad 
traffic; 
(6) the development of highway bridges and structures 
that will withstand natural disasters, including alternative 
processes for the seismic retrofit of bridges; and 
(7) the development of new nondestructive bridge evalua-
tion technologies and techniques. 
(b) CONTENTS.—The study commissioned under subsection (a) 
shall include— 
(1) an analysis of the performance of bridges that received 
funding under the program in meeting the goals described 
in paragraphs (1) through (7) of subsection (a); 
(2) an analysis of the utility, compared to conventional 
materials and technologies, of each of the innovative materials 
and technologies used in projects for bridges under the program 
in meeting the needs of the United States in 2015 and in 
the future for a sustainable and low lifecycle cost transportation 
system; 
(3) recommendations to Congress on how the installed and 
lifecycle costs of bridges could be reduced through the use
H. R. 22—128 
and Innovative Technology Act of 2012 (126 Stat. 864) is amended 
by striking ‘‘sections 503(b), 503(d), and 509’’ and inserting ‘‘section 
503(b)’’. 
TITLE II—INNOVATIVE PROJECT 
FINANCE 
SEC. 
2001. 
TRANSPORTATION 
INFRASTRUCTURE 
FINANCE 
AND 
INNOVATION ACT OF 1998 AMENDMENTS. 
(a) DEFINITIONS.—Section 601(a) of title 23, United States Code, 
is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘In this chapter, the’’ and inserting 
‘‘The’’; and 
(B) by inserting ‘‘to sections 601 through 609’’ after 
‘‘apply’’; 
(2) in paragraph (2)— 
(A) in subparagraph (B) by striking ‘‘and’’ at the end; 
(B) in subparagraph (C) by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(D) capitalizing a rural projects fund.’’; 
(3) in paragraph (3) by striking ‘‘this chapter’’ and inserting 
‘‘the TIFIA program’’; 
(4) in paragraph (10)— 
(A) by striking ‘‘(10) MASTER
CREDIT
AGREEMENT.— 
’’ and all that follows before subparagraph (A) and inserting 
the following: 
‘‘(10) MASTER CREDIT AGREEMENT.—The term ‘master credit 
agreement’ means a conditional agreement to extend credit 
assistance for a program of related projects secured by a 
common security pledge covered under section 602(b)(2)(A) or 
for a single project covered under section 602(b)(2)(B) that 
does not provide for a current obligation of Federal funds, 
and that would—’’; 
(B) in subparagraph (A) by striking ‘‘subject to the 
availability of future funds being made available to carry 
out this chapter;’’ and inserting ‘‘subject to— 
‘‘(i) the availability of future funds being made 
available to carry out the TIFIA program; and 
‘‘(ii) the satisfaction of all of the conditions for 
the provision of credit assistance under the TIFIA pro-
gram, including section 603(b)(1);’’; and 
(C) in subparagraph (D)— 
(i) by redesignating clauses (ii) and (iii) as clauses 
(iii) and (iv), respectively; 
(ii) by inserting after clause (i) the following: 
‘‘(ii) receiving an investment grade rating from 
a rating agency;’’; 
(iii) in clause (iii) (as so redesignated) by striking 
‘‘in section 602(c)’’ and inserting ‘‘under the TIFIA 
program, including sections 602(c) and 603(b)(1)’’; and 
(iv) in clause (iv) (as so redesignated) by striking 
‘‘this chapter’’ and inserting ‘‘the TIFIA program’’; 
(5) in paragraph (12)— 
(A) in subparagraph (C) by striking ‘‘and’’ at the end;
H. R. 22—134 
and inserting ‘‘each of fiscal years 2016 through 2020 under 
each of paragraphs (1), (2), and (5) of section 104(b); and’’; 
(B) in paragraph (2) by striking ‘‘fiscal years 2005 
through 2009’’ and inserting ‘‘fiscal years 2016 through 
2020’’; 
(C) in paragraph (3) by striking ‘‘fiscal years 2005 
through 2009’’ and inserting ‘‘fiscal years 2016 through 
2020’’; 
(D) by redesignating paragraphs (4) through (6) as 
paragraphs (5) through (7), respectively; 
(E) by inserting after paragraph (3) the following: 
‘‘(4) RURAL PROJECTS FUND.—Subject to subsection (j), the 
Secretary may permit a State entering into a cooperative agree-
ment under this section to establish a State infrastructure 
bank to deposit into the rural projects fund of the bank the 
proceeds of a secured loan made to the bank in accordance 
with sections 602 and 603.’’; and 
(F) in paragraph (6) (as so redesignated) by striking 
‘‘section 133(d)(3)’’ and inserting ‘‘section 133(d)(1)(A)(i)’’; 
(3) by striking subsection (e) and inserting the following: 
‘‘(e) FORMS
OF
ASSISTANCE
FROM
STATE
INFRASTRUCTURE 
BANKS.— 
‘‘(1) IN GENERAL.—A State infrastructure bank established 
under this section may— 
‘‘(A) with funds deposited into the highway account, 
transit account, or rail account of the bank, make loans 
or provide other forms of credit assistance to a public 
or private entity to carry out a project eligible for assistance 
under this section; and 
‘‘(B) with funds deposited into the rural projects fund, 
make loans to a public or private entity to carry out a 
rural infrastructure project. 
‘‘(2) SUBORDINATION OF LOAN.—The amount of a loan or 
other form of credit assistance provided for a project described 
in paragraph (1) may be subordinated to any other debt 
financing for the project. 
‘‘(3) MAXIMUM AMOUNT OF ASSISTANCE.—A State infrastruc-
ture bank established under this section may— 
‘‘(A) with funds deposited into the highway account, 
transit account, or rail account of the bank, make loans 
or provide other forms of credit assistance to a public 
or private entity in an amount up to 100 percent of the 
cost of carrying out a project eligible for assistance under 
this section; and 
‘‘(B) with funds deposited into the rural projects fund, 
make loans to a public or private entity in an amount 
not to exceed 80 percent of the cost of carrying out a 
rural infrastructure project. 
‘‘(4) INITIAL ASSISTANCE.—Initial assistance provided with 
respect to a project from Federal funds deposited into a State 
infrastructure bank under this section may not be made in 
the form of a grant.’’; 
(4) in subsection (g)— 
(A) in paragraph (1) by striking ‘‘each account’’ and 
inserting ‘‘the highway account, the transit account, and 
the rail account’’; and
H. R. 22—135 
(B) in paragraph (4) by inserting ‘‘, except that any 
loan funded from the rural projects fund of the bank shall 
bear interest at or below the interest rate charged for 
the TIFIA loan provided to the bank under section 603’’ 
after ‘‘feasible’’; and 
(5) in subsection (k) by striking ‘‘fiscal years 2005 through 
2009’’ and inserting ‘‘fiscal years 2016 through 2020’’. 
SEC. 2002. AVAILABILITY PAYMENT CONCESSION MODEL. 
(a) PAYMENT TO STATES FOR CONSTRUCTION.—Section 121(a) 
of title 23, United States Code, is amended by inserting ‘‘(including 
payments made pursuant to a long-term concession agreement, 
such as availability payments)’’ after ‘‘a project’’. 
(b) PROJECT APPROVAL AND OVERSIGHT.—Section 106(b)(1) of 
title 23, United States Code, is amended by inserting ‘‘(including 
payments made pursuant to a long-term concession agreement, 
such as availability payments)’’ after ‘‘construction of the project’’. 
TITLE III—PUBLIC TRANSPORTATION 
SEC. 3001. SHORT TITLE. 
This title may be cited as the ‘‘Federal Public Transportation 
Act of 2015’’. 
SEC. 3002. DEFINITIONS. 
Section 5302 of title 49, United States Code, is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (C) by inserting ‘‘functional’’ before 
‘‘landscaping and’’; and 
(B) in subparagraph (E) by striking ‘‘bicycle storage 
facilities and installing equipment’’ and inserting ‘‘bicycle 
storage shelters and parking facilities and the installation 
of equipment’’; 
(2) in paragraph (3)— 
(A) by striking subparagraph (F) and inserting the 
following: 
‘‘(F) leasing equipment or a facility for use in public 
transportation;’’; 
(B) in subparagraph (G)— 
(i) in clause (iv) by adding ‘‘and’’ at the end; 
(ii) in clause (v) by striking ‘‘and’’ at the end; 
and 
(iii) by striking clause (vi); 
(C) by striking subparagraph (I) and inserting the fol-
lowing: 
‘‘(I) the provision of nonfixed route paratransit 
transportation services in accordance with section 223 of 
the Americans with Disabilities Act of 1990 (42 U.S.C. 
12143), but only for grant recipients that are in compliance 
with applicable requirements of that Act, including both 
fixed route and demand responsive service, and only for 
amounts— 
‘‘(i) not to exceed 10 percent of such recipient’s 
annual formula apportionment under sections 5307 and 
5311; or 
‘‘(ii) not to exceed 20 percent of such recipient’s 
annual formula apportionment under sections 5307 and
H. R. 22—141 
‘‘(A) PROJECT
ADVANCEMENT.—A project receiving a 
grant under this section that is part of a program of inter-
related projects may not advance— 
‘‘(i) in the case of a small start project, from the 
project development phase to the construction phase 
unless the Secretary determines that the program of 
interrelated projects meets the applicable requirements 
of this section and there is a reasonable likelihood 
that the program will continue to meet such require-
ments; or 
‘‘(ii) in the case of a new fixed guideway capital 
project or a core capacity improvement project, from 
the project development phase to the engineering 
phase, or from the engineering phase to the construc-
tion phase, unless the Secretary determines that the 
program of interrelated projects meets the applicable 
requirements of this section and there is a reasonable 
likelihood that the program will continue to meet such 
requirements.’’; 
(6) in subsection (l)— 
(A) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.— 
‘‘(A) ESTIMATION OF NET CAPITAL PROJECT COST.—Based 
on engineering studies, studies of economic feasibility, and 
information on the expected use of equipment or facilities, 
the Secretary shall estimate the net capital project cost. 
‘‘(B) GRANTS.— 
‘‘(i) GRANT
FOR
NEW
FIXED
GUIDEWAY
CAPITAL 
PROJECT.—A grant for a new fixed guideway capital 
project shall not exceed 80 percent of the net capital 
project cost. 
‘‘(ii) FULL FUNDING GRANT AGREEMENT FOR NEW 
FIXED
GUIDEWAY
CAPITAL
PROJECT.—A full funding 
grant agreement for a new fixed guideway capital 
project shall not include a share of more than 60 per-
cent from the funds made available under this section. 
‘‘(iii) GRANT
FOR
CORE
CAPACITY
IMPROVEMENT 
PROJECT.—A grant for a core capacity improvement 
project shall not exceed 80 percent of the net capital 
project cost of the incremental cost to increase the 
capacity in the corridor. 
‘‘(iv) GRANT FOR SMALL START PROJECT.—A grant 
for a small start project shall not exceed 80 percent 
of the net capital project costs.’’; and 
(B) by striking paragraph (4) and inserting the fol-
lowing: 
‘‘(4) REMAINING COSTS.—The remainder of the net capital 
project costs shall be provided— 
‘‘(A) in cash from non-Government sources; 
‘‘(B) from revenues from the sale of advertising and 
concessions; or 
‘‘(C) from an undistributed cash surplus, a replacement 
or depreciation cash fund or reserve, or new capital.’’; 
(7) by striking subsection (n) and inserting the following: 
‘‘(n) AVAILABILITY OF AMOUNTS.—