138 
‘‘(A) EFFECT
OF
SECTION.—Nothing in 
this section prohibits the use of funds made 
available under other provisions of this title for 
highway safety improvement projects. 
‘‘(B) USE OF OTHER FUNDS.—States are 
encouraged to address the full scope of the safe-
ty needs and opportunities of the States by 
using funds made available under other provi-
sions of this title (except a provision that spe-
cifically prohibits that use). 
‘‘(f) FLEXIBLE FUNDING FOR STATES WITH A STRA-
TEGIC HIGHWAY SAFETY PLAN.— 
‘‘(1) IN GENERAL.—To further the implementa-
tion of a State strategic highway safety plan, a State 
may use up to 10 percent of the amount of funds 
apportioned to the State under section 104(b)(3) for 
a fiscal year to carry out safety projects under any 
other section as provided in the State strategic high-
way safety plan if the State certifies that— 
‘‘(A) the State has met needs in the State 
relating to railway-highway crossings for the 
preceding fiscal year; and 
‘‘(B) the funds are being used for the most 
effective projects to make progress toward 
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139 
achieving the safety performance targets of the 
State. 
‘‘(2) OTHER TRANSPORTATION AND HIGHWAY 
SAFETY PLANS.—Nothing in this subsection requires 
a State to revise any State process, plan, or program 
in effect on the date of enactment of the MAP–21. 
‘‘(g) DATA IMPROVEMENT.— 
‘‘(1) DEFINITION OF DATA IMPROVEMENT AC-
TIVITIES.—In this subsection: 
‘‘(A) IN GENERAL.—The term ‘data im-
provement activities’ means a project or activity 
to further the capacity of a State to make more 
informed and effective safety infrastructure in-
vestment decisions. 
‘‘(B) INCLUSIONS.—The term ‘data im-
provement activities’ includes a project or activ-
ity— 
‘‘(i) to create, update, or enhance a 
highway basemap of all public roads in a 
State; 
‘‘(ii) to collect safety data, including 
data identified as part of the model inven-
tory of roadway elements, for creation of 
or use on a highway basemap of all public 
roads in a State; 
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140 
‘‘(iii) to store and maintain safety 
data in an electronic manner; 
‘‘(iv) to develop analytical processes 
for safety data elements; 
‘‘(v) to acquire and implement road-
way safety analysis tools; and 
‘‘(vi) to support the collection, mainte-
nance, and sharing of safety data on all 
public roads and related systems associated 
with the analytical usage of that data. 
‘‘(2) APPORTIONMENT.—Of the funds appor-
tioned to a State under section 104(b)(3) for a fiscal 
year— 
‘‘(A) not less than 8 percent of the funds 
apportioned for each of fiscal years 2012 
through 2013 shall be available only for data 
improvement activities under this subsection; 
and 
‘‘(B) not less than 4 percent of the funds 
apportioned for fiscal year 2014 and each fiscal 
year thereafter shall be available only for data 
improvement activities under this subsection. 
‘‘(3) SPECIAL RULE.—A State may use funds 
apportioned to the State pursuant to this subsection 
for any project eligible under this section if the 
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141 
State demonstrates to the satisfaction of the Sec-
retary that the State has met all of the State needs 
for data collection to support the State strategic 
highway safety plan and sufficiently addressed the 
data improvement activities described in paragraph 
(1). 
‘‘(4) MODEL
INVENTORY
OF
ROADWAY
ELE-
MENTS.—The Secretary shall— 
‘‘(A) establish a subset of the model inven-
tory of roadway elements that are useful for the 
inventory of roadway safety; and 
‘‘(B) ensure that States adopt and use the 
subset to improve data collection. 
‘‘(h) PERFORMANCE MEASURES AND TARGETS FOR 
STATE HIGHWAY SAFETY IMPROVEMENT PROGRAMS.— 
‘‘(1) ESTABLISHMENT OF PERFORMANCE MEAS-
URES.—Not later than 1 year after the date of en-
actment of the MAP–21, the Secretary shall issue 
guidance to States on the establishment, collection, 
and reporting of performance measures that re-
flect— 
‘‘(A) serious injuries and fatalities per ve-
hicle mile traveled; 
‘‘(B) serious injuries and fatalities per cap-
ita; and 
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142 
‘‘(C) the number of serious injuries and fa-
talities 
‘‘(2) ESTABLISHMENT OF STATE PERFORMANCE 
TARGETS.—Not later than 1 year after the Secretary 
has issued guidance to States on the establishment, 
collection, and reporting of performance measures, 
each State shall set performance targets that re-
flect— 
‘‘(A) serious injuries and fatalities per ve-
hicle mile traveled; 
‘‘(B) serious injuries and fatalities per cap-
ita; and 
‘‘(C) the number of serious injuries and fa-
talities. 
‘‘(i) SPECIAL RULES.— 
‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—If the 
fatality rate on rural roads in a State increases over 
the most recent 2-year period for which data are 
available, that State shall be required to obligate in 
the next fiscal year for projects on high risk rural 
roads an amount equal to at least 200 percent of the 
amount of funds the State received for fiscal year 
2009 for high risk rural roads under subsection (f) 
of this section, as in effect on the day before the 
date of enactment of the MAP–21. 
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143 
‘‘(2) RAIL-HIGHWAY GRADE CROSSINGS.—If the 
average number of fatalities at rail-highway grade 
crossings in a State over the most recent 2-year pe-
riod for which data are available increases over the 
average number of fatalities during the preceding 2- 
year period, that State shall be required to obligate 
in the next fiscal year for projects on rail-highway 
grade crossings an amount equal to 120 percent of 
the amount of funds the State received for fiscal 
year 2009 for rail-highway grade crossings under 
section 130(f) (as in effect on the day before the 
date of enactment of the MAP–21). 
‘‘(3) OLDER DRIVERS.—If traffic fatalities and 
serious injuries per capita for drivers and pedes-
trians over the age of 65 in a State increases during 
the most recent 2-year period for which data are 
available, that State shall be required to include, in 
the subsequent Strategic Highway Safety Plan of 
the State, strategies to address the increases in 
those rates, taking into account the recommenda-
tions included in the publication of the Federal 
Highway Administration entitled ‘Highway Design 
Handbook for Older Drivers and Pedestrians’ 
(FHWA–RD–01–103), and dated May 2001, or as 
subsequently revised and updated. 
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‘‘(iii) the occurrences of fatalities and 
serious injuries at railway-highway cross-
ings. 
‘‘(2) CONTENTS; SCHEDULE.—The Secretary 
shall establish the content and schedule for the sub-
mission of the report under paragraph (1). 
‘‘(3) TRANSPARENCY.—The Secretary shall 
make strategic highway safety plans submitted 
under subsection (d) and reports submitted under 
this subsection available to the public through— 
‘‘(A) the website of the Department; and 
‘‘(B) such other means as the Secretary 
determines to be appropriate. 
‘‘(4) DISCOVERY
AND
ADMISSION
INTO
EVI-
DENCE OF CERTAIN REPORTS, SURVEYS, AND INFOR-
MATION.—Notwithstanding any other provision of 
law, reports, surveys, schedules, lists, or data com-
piled or collected for any purpose relating to this 
section, shall not be subject to discovery or admitted 
into evidence in a Federal or State court proceeding 
or considered for other purposes in any action for 
damages arising from any occurrence at a location 
identified or addressed in the reports, surveys, 
schedules, lists, or other data. 
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146 
‘‘(k) STATE PERFORMANCE TARGETS.—If the Sec-
retary determines that a State has not met or made sig-
nificant progress toward meeting the performance targets 
of the State established under subsection (h) by the date 
that is 2 years after the date of the establishment of the 
performance targets, the State shall— 
‘‘(1) use obligation authority equal to the ap-
portionment of the State for the prior year under 
section 104(b)(3) only for highway safety improve-
ment projects under this section until the Secretary 
determines that the State has met or made signifi-
cant progress toward meeting the performance tar-
gets of the State; and 
‘‘(2) submit annually to the Secretary, until the 
Secretary determines that the State has met or 
made significant progress toward meeting the per-
formance targets of the State, an implementation 
plan that— 
‘‘(A) identifies roadway features that con-
stitute a hazard to road users; 
‘‘(B) identifies highway safety improve-
ment projects on the basis of crash experience, 
crash potential, or other data-supported means; 
‘‘(C) describes how highway safety im-
provement program funds will be allocated, in-
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147 
cluding projects, activities, and strategies to be 
implemented; 
‘‘(D) describes how the proposed projects, 
activities, and strategies funded under the State 
highway safety improvement program will allow 
the State to make progress toward achieving 
the safety performance targets of the State; and 
‘‘(E) describes the actions the State will 
undertake to meet the performance targets of 
the State. 
‘‘(l) FEDERAL SHARE
OF HIGHWAY SAFETY IM-
PROVEMENT PROJECTS.—Except as provided in sections 
120 and 130, the Federal share of the cost of a highway 
safety improvement project carried out with funds appor-
tioned to a State under section 104(b)(3) shall be 90 per-
cent.’’. 
SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM. 
Section 149 of title 23, United States Code, is 
amended to read as follows: 
‘‘§ 149. Congestion mitigation and air quality im-
provement program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and implement a congestion mitigation and air quality 
improvement program in accordance with this section. 
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‘‘(b) ELIGIBLE PROJECTS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (c), a State may obligate funds apportioned 
to the State for the congestion mitigation and air 
quality 
improvement 
program 
under 
section 
104(b)(4) that are not reserved under subsection (l) 
only for a transportation project or program if the 
project or program is for an area in the State that 
is or was designated as a nonattainment area for 
ozone, carbon monoxide, or particulate matter under 
section 107(d) of the Clean Air Act (42 U.S.C. 
7407(d)) and classified pursuant to section 181(a), 
186(a), 188(a), or 188(b) of the Clean Air Act (42 
U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is 
or was designated as a nonattainment area under 
section 107(d) of that Act after December 31, 1997, 
or is required to prepare, and file with the Adminis-
trator of the Environmental Protection Agency, 
maintenance plans under the Clean Air Act (42 
U.S.C. 7401 et seq.); and 
‘‘(A)(i)(I) if the Secretary, after consulta-
tion with the Administrator determines, on the 
basis of information published by the Environ-
mental Protection Agency pursuant to subpara-
graph (A) of section 108(f)(1) of the Clean Air 
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149 
Act (other than clause (xvi) of that subpara-
graph) (42 U.S.C. 7408(f)(1)) that the project 
or program is likely to contribute to— 
‘‘(aa) the attainment of a national 
ambient air quality standard; or 
‘‘(bb) the maintenance of a national 
ambient air quality standard in a mainte-
nance area; and 
‘‘(II) there exists a high level of effective-
ness in reducing air pollution, in cases of 
projects or programs where sufficient informa-
tion is available in the database established pur-
suant to subsection (h) to determine the relative 
effectiveness of such projects or programs; or 
‘‘(ii) in any case in which such information 
is not available, if the Secretary, after such con-
sultation, determines that the project or pro-
gram is part of a program, method, or strategy 
described in such section 108(f)(1)(A); 
‘‘(B) if the project or program is included 
in a State implementation plan that has been 
approved pursuant to the Clean Air Act and the 
project will have air quality benefits; 
‘‘(C) to establish or operate a traffic moni-
toring, management, and control facility or pro-
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150 
gram, including truck stop electrification sys-
tems, if the Secretary, after consultation with 
the Administrator, determines that the facility 
or program is likely to contribute to the attain-
ment of a national ambient air quality stand-
ard; 
‘‘(D) if the program or project improves 
traffic flow, including projects to improve sig-
nalization, construct high-occupancy vehicle 
lanes, improve intersections, add turning lanes, 
improve transportation systems management 
and operations that mitigate congestion and im-
prove air quality, and implement intelligent 
transportation system strategies and such other 
projects that are eligible for assistance under 
this section on the day before the date of enact-
ment of the MAP–21, including programs or 
projects to improve incident and emergency re-
sponse or improve mobility, such as through 
real-time traffic, transit, and multimodal trav-
eler information; 
‘‘(E) if the project or program involves the 
purchase of integrated, interoperable emergency 
communications equipment; 
‘‘(F) if the project or program is for— 
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‘‘(i) the purchase of diesel retrofits 
that are— 
‘‘(I) for motor vehicles (as de-
fined in section 216 of the Clean Air 
Act (42 U.S.C. 7550)); or 
‘‘(II) verified technologies (as de-
fined in section 791 of the Energy 
Policy Act of 2005 (42 U.S.C. 
16131)) for nonroad vehicles and 
nonroad engines (as defined in section 
216 of the Clean Air Act (42 U.S.C. 
7550)) that are used in construction 
projects that are— 
‘‘(aa) located in nonattain-
ment or maintenance areas for 
ozone, PM10, or PM2.5 (as de-
fined under the Clean Air Act 
(42 U.S.C. 7401 et seq.)); and 
‘‘(bb) funded, in whole or in 
part, under this title; or 
‘‘(ii) the conduct of outreach activities 
that are designed to provide information 
and technical assistance to the owners and 
operators of diesel equipment and vehicles 
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regarding the purchase and installation of 
diesel retrofits; 
‘‘(G) if the project involves the installation 
of battery charging or replacement facilities for 
electric-drive vehicles, or refueling facilities for 
alternative-fuel vehicles; 
‘‘(H) if the project or program shifts traf-
fic demand to nonpeak hours or other transpor-
tation modes, increases vehicle occupancy rates, 
or otherwise reduces demand for roads through 
such means as telecommuting, ridesharing, 
carsharing, alternative work hours, and pricing; 
or 
‘‘(I) if the Secretary, after consultation 
with the Administrator, determines that the 
project or program is likely to contribute to the 
attainment of a national ambient air quality 
standard, whether through reductions in vehicle 
miles traveled, fuel consumption, or through 
other factors. 
‘‘(2) LIMITATIONS.—Funds apportioned to a 
State under section 104(b)(4) and not reserved 
under subsection (l) may not be obligated for a 
project that will result in the construction of new ca-
pacity available to single-occupant vehicles unless 
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the project consists of a high-occupancy vehicle facil-
ity available to single-occupant vehicles only at other 
than peak travel times or such use by single-occu-
pant vehicles at peak travel times is subject to a toll. 
‘‘(3) USE OF FUNDS FOR OTHER ACTIVITIES.— 
Notwithstanding paragraph (1) and subsection (c), 
the Secretary may permit a State to use amounts 
apportioned to the State for each of fiscal years 
2012 and 2013 for the congestion mitigation and air 
quality 
improvement 
program 
under 
section 
104(b)(4) to carry out any activity on a system that 
was eligible for funding under that program as in ef-
fect on December 31, 2010. 
‘‘(c) STATES FLEXIBILITY.— 
‘‘(1) STATES
WITHOUT
A
NONATTAINMENT 
AREA.—If a State does not have, and never has had, 
a nonattainment area designated under the Clean 
Air Act (42 U.S.C. 7401 et seq.) for ozone, carbon 
monoxide, or PM2.5, the State may use funds appor-
tioned to the State under section 104(b)(4) (exclud-
ing the amount of funds reserved under subsection 
(l)) for any project in the State that— 
‘‘(A) would otherwise be eligible under sub-
section (b) as if the project were carried out in 
a nonattainment or maintenance area; or 
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‘‘(B) is eligible under the transportation 
mobility program under section 133. 
‘‘(2) STATES WITH A NONATTAINMENT AREA.— 
‘‘(A) IN GENERAL.—If a State has a non-
attainment area or maintenance area and re-
ceived funds in fiscal year 2009 under section 
104(b)(2)(D), as in effect on the day before the 
date of enactment of the MAP–21, above the 
amount of funds that the State would have re-
ceived based on the nonattainment and mainte-
nance area population of the State under sub-
paragraphs (B) and (C) of section 104(b)(2), as 
in effect on the day before the date of enact-
ment of the MAP–21, the State may use for 
any project that is eligible under the transpor-
tation mobility program under section 133 an 
amount of funds apportioned to such State 
under section 104(b)(4) (excluding the amount 
of funds reserved under subsection (l)) that is 
equal to the product obtained by multiplying— 
‘‘(i) the amount apportioned to such 
State under section 104(b)(4) (excluding 
the amount of funds reserved under sub-
section (l)); by 
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155 
‘‘(ii) the ratio calculated under para-
graph (B). 
‘‘(B) RATIO.—For purposes of this para-
graph, the ratio shall be calculated as— 
‘‘(i) the amount for fiscal year 2009 
such State was permitted by section 
149(c)(2), as in effect on the day before 
the date of enactment of the MAP–21, to 
obligate in any area of the State for 
projects eligible under section 133, as in 
effect on the day before the date of enact-
ment of the MAP–21; bears to 
‘‘(ii) the total apportionment to such 
State for fiscal year 2009 under section 
104(b)(2), as in effect on the day before 
the date of enactment of the MAP–21. 
‘‘(3) CHANGES
IN
DESIGNATION.—If a new 
nonattainment area is designated or a previously 
designated nonattainment area is redesignated as an 
attainment area in a State under the Clean Air Act 
(42 U.S.C. 7401 et seq.), the Secretary shall modify 
the amount such State is permitted to obligate in 
any area of the State for projects eligible under sec-
tion 133. 
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‘‘(d) 
APPLICABILITY
OF
PLANNING
REQUIRE-
MENTS.—Programming and expenditure of funds for 
projects under this section shall be consistent with the re-
quirements of sections 134 and 135. 
‘‘(e) PARTNERSHIPS WITH NONGOVERNMENTAL EN-
TITIES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this title and in accordance with this 
subsection, a metropolitan planning organization, 
State transportation department, or other project 
sponsor may enter into an agreement with any pub-
lic, private, or nonprofit entity to cooperatively im-
plement any project carried out with funds appor-
tioned under section 104(b)(4). 
‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.— 
Participation by an entity under paragraph (1) may 
consist of— 
‘‘(A) ownership or operation of any land, 
facility, vehicle, or other physical asset associ-
ated with the project; 
‘‘(B) cost sharing of any project expense; 
‘‘(C) carrying out of administration, con-
struction management, project management, 
project operation, or any other management or 
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operational duty associated with the project; 
and 
‘‘(D) any other form of participation ap-
proved by the Secretary. 
‘‘(3) ALLOCATION TO ENTITIES.—A State may 
allocate funds apportioned under section 104(b)(4) 
to an entity described in paragraph (1). 
‘‘(4) ALTERNATIVE
FUEL
PROJECTS.—In the 
case of a project that will provide for the use of al-
ternative fuels by privately owned vehicles or vehicle 
fleets, activities eligible for funding under this sub-
section— 
‘‘(A) may include the costs of vehicle re-
fueling infrastructure, including infrastructure 
that would support the development, produc-
tion, and use of emerging technologies that re-
duce emissions of air pollutants from motor ve-
hicles, and other capital investments associated 
with the project; 
‘‘(B) shall include only the incremental 
cost of an alternative fueled vehicle, as com-
pared to a conventionally fueled vehicle, that 
would otherwise be borne by a private party; 
and 
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158 
‘‘(C) shall apply other governmental finan-
cial purchase contributions in the calculation of 
net incremental cost. 
‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION 
WITH RESPECT TO REQUIRED ACTIVITIES.—A Fed-
eral participation payment under this subsection 
may not be made to an entity to fund an obligation 
imposed under the Clean Air Act (42 U.S.C. 7401 
et seq.) or any other Federal law. 
‘‘(f) PRIORITY CONSIDERATION.—States and metro-
politan planning organizations shall give priority in areas 
designated as nonattainment or maintenance for PM2.5 
under the Clean Air Act (42 U.S.C. 7401 et seq.) in dis-
tributing funds received for congestion mitigation and air 
quality projects and programs from apportionments under 
section 104(b)(4) not required to be reserved under sub-
section (l) to projects that are proven to reduce PM2.5, 
including diesel retrofits. 
‘‘(g) INTERAGENCY CONSULTATION.—The Secretary 
shall encourage States and metropolitan planning organi-
zations to consult with State and local air quality agencies 
in nonattainment and maintenance areas on the estimated 
emission reductions from proposed congestion mitigation 
and air quality improvement programs and projects. 
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‘‘(h) 
EVALUATION
AND
ASSESSMENT
OF 
PROJECTS.— 
‘‘(1) DATABASE.— 
‘‘(A) IN GENERAL.—Using appropriate as-
sessments of projects funded under the conges-
tion mitigation and air quality program and re-
sults from other research, the Secretary shall 
maintain and disseminate a cumulative data-
base describing the impacts of the projects, in-
cluding specific information about each project, 
such as the project name, location, sponsor, 
cost, and, to the extent already measured by the 
project sponsor, cost-effectiveness, based on re-
ductions in congestion and emissions. 
‘‘(B) AVAILABILITY.—The database shall 
be published or otherwise made readily available 
by the Secretary in electronically accessible for-
mat and means, such as the Internet, for public 
review. 
‘‘(2) COST EFFECTIVENESS.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Administrator of the Envi-
ronmental Protection Agency, shall evaluate 
projects on a periodic basis and develop a table 
or other similar medium that illustrates the 
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cost-effectiveness of a range of project types eli-
gible for funding under this section as to how 
the projects mitigate congestion and improve 
air quality. 
‘‘(B) CONTENTS.—The table described in 
subparagraph (A) shall show measures of cost- 
effectiveness, such as dollars per ton of emis-
sions reduced, and assess those measures over 
a variety of timeframes to capture impacts on 
the planning timeframes outlined in section 
134. 
‘‘(C) USE OF TABLE.—States and metro-
politan planning organizations shall consider 
the information in the table when selecting 
projects or developing performance plans under 
subsection (k). 
‘‘(i) OPTIONAL PROGRAMMATIC ELIGIBILITY.— 
‘‘(1) IN GENERAL.—At the discretion of a met-
ropolitan planning organization, a technical assess-
ment of a selected program of projects may be con-
ducted through modeling or other means to dem-
onstrate the emissions reduction projection required 
under this section. 
‘‘(2) APPLICABILITY.—If an assessment de-
scribed in paragraph (1) successfully demonstrates 
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161 
an emissions reduction, all projects included in such 
assessment shall be eligible for obligation under this 
section without further demonstration of emissions 
reduction of individual projects included in such as-
sessment. 
‘‘(j) SUBALLOCATION
TO
NONATTAINMENT
AND 
MAINTENANCE AREAS.— 
‘‘(1) IN
GENERAL.—An amount equal to 50 
percent of the amount of funds apportioned to each 
State under section 104(b)(4) (excluding the amount 
of funds reserved under subsection (l)) shall be sub-
allocated for projects within each area designated as 
nonattainment or maintenance for the pollutants de-
scribed in subsection (b). 
‘‘(2) DISTRIBUTION OF FUNDS.—The distribu-
tion within any State of funds required to be sub-
allocated under paragraph (1) to each nonattain-
ment or maintenance area shall be in accordance 
with a formula developed by each State and ap-
proved by the Secretary, which shall consider the 
population of each such nonattainment or mainte-
nance area and shall be weighted by the severity of 
pollution in the manner described in paragraph (6). 
‘‘(3) PROJECT SELECTION.—Projects under this 
subsection shall be selected by a State and shall be 
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162 
consistent with the requirements of sections 134 and 
135. 
‘‘(4) PRIORITY
FOR
USE
OF
SUBALLOCATED 
FUNDS IN PM2.5 AREAS.— 
‘‘(A) IN GENERAL.—An amount equal to 
50 percent of the funds suballocated under 
paragraph (1) for a nonattainment or mainte-
nance area that are based all or in part on the 
weighted population of such area in fine partic-
ulate matter nonattainment shall be obligated 
to projects that reduce such fine particulate 
matter emissions in such area, including diesel 
retrofits. 
‘‘(B) 
CONSTRUCTION
EQUIPMENT.—An 
amount equal to 30 percent of the funds re-
quired to be set aside under subparagraph (A) 
shall be obligated to carry out the objectives of 
section 330. 
‘‘(C) OBLIGATION PROCESS.— 
‘‘(i) IN
GENERAL.—Each State or 
metropolitan planning organization re-
quired to obligate funds in accordance with 
this paragraph shall develop a process to 
provide funding directly to eligible entities 
(as defined under section 330) in order to 
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163 
achieve the objectives of such section and 
ensure that the bid proceeding and award 
of the contract for any covered highway 
construction project carried out under that 
section will be— 
‘‘(I) made without regard to the 
particulate matter emission levels of 
the fleet of the eligible entity; and 
‘‘(II) consistent with existing re-
quirements for full and open competi-
tion under section 112. 
‘‘(ii) OBLIGATION.—A State may obli-
gate suballocated funds designated under 
this paragraph without regard to any proc-
ess or other requirement established under 
this section. 
‘‘(5) FUNDS NOT SUBALLOCATED.—Except as 
provided in subsection (c), funds apportioned to a 
State under section 104(b)(4) (excluding the amount 
of funds reserved under subsection (l)) and not sub-
allocated under paragraph (1) shall be made avail-
able to such State for programming in any non-
attainment or maintenance area in the State. 
‘‘(6) FACTORS
FOR
CALCULATION
OF
SUB-
ALLOCATION.— 
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164 
‘‘(A) IN GENERAL.—For the purposes of 
paragraph (2), each State shall weight the pop-
ulation of each such nonattainment or mainte-
nance area by a factor of— 
‘‘(i) 1.0 if, at the time of the appor-
tionment, the area is a maintenance area 
for ozone or carbon monoxide; 
‘‘(ii) 1.0 if, at the time of the appor-
tionment, the area is classified as a mar-
ginal ozone nonattainment area under sub-
part 2 of part D of title I of the Clean Air 
Act (42 U.S.C. 7511 et seq.); 
‘‘(iii) 1.1 if, at the time of the appor-
tionment, the area is classified as a mod-
erate ozone nonattainment area under sub-
part 2 of part D of title I of the Clean Air 
Act (42 U.S.C. 7511 et seq.); 
‘‘(iv) 1.2 if, at the time of the appor-
tionment, the area is classified as a serious 
ozone nonattainment area under subpart 2 
of part D of title I of the Clean Air Act 
(42 U.S.C. 7511 et seq.); 
‘‘(v) 1.3 if, at the time of the appor-
tionment, the area is classified as a severe 
ozone nonattainment area under subpart 2 
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165 
of part D of title I of the Clean Air Act 
(42 U.S.C. 7511 et seq.); 
‘‘(vi) 1.5 if, at the time of the appor-
tionment, the area is classified as an ex-
treme ozone nonattainment area under 
subpart 2 of part D of title I of the Clean 
Air Act (42 U.S.C. 7511 et seq.); 
‘‘(vii) 1.0 if, at the time of the appor-
tionment, the area is not a nonattainment 
or maintenance area for ozone as described 
in section 149(b), but is designated under 
section 107 of the Clean Air Act (42 
U.S.C. 7407) as a nonattainment area for 
carbon monoxide; 
‘‘(viii) 1.0 if, at the time of the appor-
tionment, the area is designated as non-
attainment for ozone under section 107 of 
the Clean Air Act (42 U.S.C. 7407); or 
‘‘(ix) 1.2 if, at the time of the appor-
tionment, the area is not a nonattainment 
or maintenance area as described in sec-
tion 149(b) for ozone, but is designated as 
a nonattainment or maintenance area for 
fine particulate matter, 2.5 micrometers or 
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166 
less, under section 107 of the Clean Air 
Act (42 U.S.C. 7407). 
‘‘(B) OTHER FACTORS.—If, in addition to 
being designated as a nonattainment or mainte-
nance area for ozone as described in section 
149(b), any county within the area was also 
designated under section 107 of the Clean Air 
Act (42 U.S.C. 7407) as a nonattainment or 
maintenance area for carbon monoxide, or was 
designated under section 107 of the Clean Air 
Act (42 U.S.C. 7407) as a nonattainment or 
maintenance area for particulate matter, 2.5 
micrometers or less, or both, the weighted non-
attainment or maintenance area population of 
the county, as determined under clauses (i) 
through (vi), or clause (viii), of subparagraph 
(A), shall be further multiplied by a factor of 
1.2, or a second further factor of 1.2 if the area 
is designated as a nonattainment or mainte-
nance area for both carbon monoxide and par-
ticulate matter, 2.5 micrometers or less. 
‘‘(7) EXCEPTIONS FOR CERTAIN STATES.— 
‘‘(A) A State without a nonattainment or 
maintenance area shall not be subject to the re-
quirements of this subsection. 
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167 
‘‘(B) The amount of funds required to be 
set aside under paragraph (1) in a State that 
received a minimum apportionment for fiscal 
year 2009 under section 104(b)(2)(D), as in ef-
fect on the day before the date of enactment of 
the MAP–21, shall be based on the amount of 
funds such State would otherwise have been ap-
portioned under section 104(b)(4) (excluding 
the amount of funds reserved under subsection 
(l)) but for the minimum apportionment in fis-
cal year 2009. 
‘‘(k) PERFORMANCE PLAN.— 
‘‘(1) IN GENERAL.—Each tier I metropolitan 
planning organization (as defined in section 134) 
representing a nonattainment or maintenance area 
shall develop a performance plan that— 
‘‘(A) includes an area baseline level for 
traffic congestion and on-road mobile source 
emissions for which the area is in nonattain-
ment or maintenance; 
‘‘(B) identifies air quality and traffic con-
gestion target levels based on measures estab-
lished by the Secretary; and 
‘‘(C) includes a description of projects 
identified for funding under this section and a 
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168 
description of how such projects will contribute 
to achieving emission and traffic congestion re-
duction targets. 
‘‘(2) UPDATED PLANS.— 
‘‘(A) IN
GENERAL.—Performance plans 
shall be updated on the schedule required under 
paragraph (3). 
‘‘(B) CONTENTS.—An updated plan shall 
include a separate report that assesses the 
progress of the program of projects under the 
previous plan in achieving the air quality and 
traffic congestion targets of the previous plan. 
‘‘(3) RULEMAKING.—Not later than 18 months 
after the date of enactment of the MAP–21, the Sec-
retary shall promulgate regulations to implement 
this subsection that identify performance measures 
for traffic congestion and on-road mobile source 
emissions, timelines for performance plans, and re-
quirements under this section for assessing the im-
plementation of projects carried out under this sec-
tion. 
‘‘(l) ADDITIONAL ACTIVITIES.— 
‘‘(1) RESERVATION OF FUNDS.—Of the funds 
apportioned to a State under section 104(b)(4), a 
State shall reserve the amount of funds attributable 
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to the inclusion of the 10 percent of surface trans-
portation program funds apportioned to such State 
for fiscal year 2009 in the formula under section 
104(b)(4) for projects under this subsection. 
‘‘(2) ELIGIBLE PROJECTS.—A State may obli-
gate the funds reserved under this subsection for 
any of the following projects or activities: 
‘‘(A) Transportation enhancements, as de-
fined in section 101. 
‘‘(B) The recreational trails program under 
section 206. 
‘‘(C) The safe routes to school program 
under section 1404 of the SAFETEA–LU (23 
U.S.C. 402 note; Public Law 109–59). 
‘‘(D) Planning, designing, or constructing 
boulevards and other roadways largely in the 
right-of-way of former Interstate System routes 
or other divided highways. 
‘‘(3) ALLOCATIONS OF FUNDS.— 
‘‘(A) CALCULATION.—Of the funds re-
served in a State under this subsection— 
‘‘(i) 50 percent for a fiscal year shall 
be obligated under this subsection to any 
eligible entity in proportion to their relative 
shares of the population of the State— 
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170 
‘‘(I) in urbanized areas of the 
State with an urbanized area popu-
lation of over 200,000; 
‘‘(II) in areas of the State other 
than urban areas with a population 
greater than 5,000; and 
‘‘(III) in other areas of the State; 
and 
‘‘(ii) 50 percent shall be obligated in 
any area of the State. 
‘‘(B) METROPOLITAN AREAS.—Funds at-
tributed to an urbanized area under subpara-
graph (A)(i)(I) may be obligated in the metro-
politan area established under section 134 that 
encompasses the urbanized area. 
‘‘(C) DISTRIBUTION
AMONG
URBANIZED 
AREAS OF OVER 200,000 POPULATION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in subparagraph (A)(ii), the amount 
of funds that a State is required to obli-
gate under subparagraph (A)(i)(I) shall be 
obligated in urbanized areas described in 
subparagraph (A)(i)(I) based on the rel-
ative population of the areas. 
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171 
‘‘(ii) OTHER
FACTORS.—The State 
may obligate the funds described in clause 
(i) based on other factors if the State and 
the relevant metropolitan planning organi-
zations jointly apply to the Secretary for 
the permission to base the obligation on 
other factors and the Secretary grants the 
request. 
‘‘(D) ACCESS TO FUNDS.— 
‘‘(i) IN
GENERAL.—Each State or 
metropolitan planning organization re-
quired to obligate funds in accordance with 
subparagraph (A) shall develop a competi-
tive process to allow eligible entities to sub-
mit projects for funding that achieve the 
objectives of this subsection. 
‘‘(ii) DEFINITION OF ELIGIBLE ENTI-
TY.—In this subsection, the term ‘eligible 
entity’ means— 
‘‘(I) a local government; 
‘‘(II) a regional transportation 
authority; 
‘‘(III) a transit agency; 
‘‘(IV) a natural resource or pub-
lic land agency; 
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172 
‘‘(V) a school district, local edu-
cation agency, or school; 
‘‘(VI) a tribal government; and 
‘‘(VII) any other local or regional 
governmental entity with responsi-
bility for or oversight of transpor-
tation or recreational trails (other 
than a tier I metropolitan planning 
organization or a State agency) that 
the State determines to be eligible, 
consistent with the goals of this sub-
section. 
‘‘(E) SELECTION OF PROJECTS.—Each tier 
I and tier II metropolitan planning organization 
shall select projects carried out within the 
boundaries of the applicable metropolitan plan-
ning area, in consultation with the relevant 
State, for funds reserved in a State under this 
subsection and suballocated to the metropolitan 
planning area under subparagraph (A)(i). 
‘‘(4) 
FLEXIBILITY
OF
EXCESS
RESERVED 
FUNDING.—Beginning in the second fiscal year after 
the date of enactment of the MAP–21, if on August 
1 of that fiscal year the unobligated balance of avail-
able funds apportioned to a State under section 
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173 
104(b)(4) and reserved by a State under this sub-
section exceeds 150 percent of such reserved amount 
in such fiscal year, the State may thereafter obligate 
the amount of excess funds for any activity— 
‘‘(A) that is eligible to receive funding 
under this subsection; or 
‘‘(B) for which the Secretary has approved 
the obligation of funds for any State under this 
section. 
‘‘(5) PROVISION
OF
ADEQUATE
DATA, MOD-
ELING, AND
SUPPORT.—In any case in which a 
State requests reasonable technical support or other-
wise requests data (including planning models and 
other modeling), clarification, or guidance regarding 
the content of any final rule or applicable regulation 
material to State actions under this section, the Sec-
retary and any other agency shall provide that sup-
port, clarification, or guidance in a timely manner. 
‘‘(6) TREATMENT
OF
PROJECTS.—Notwith-
standing any other provision of law, projects funded 
under this subsection shall be treated as projects on 
a Federal-aid highway under this chapter. 
‘‘(7) 
CONTINUATION
OF
CERTAIN
REC-
REATIONAL
TRAILS
PROJECTS.—Each State that 
does not opt out of this paragraph shall— 
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‘‘(A) obligate an amount of funds reserved 
under this section equal to the amount of the 
funds apportioned to the State for fiscal year 
2009 under section 104(h)(2) for projects relat-
ing to recreational trails under section 206; 
‘‘(B) return 1 percent of those funds to the 
Secretary for the administration of that pro-
gram; and 
‘‘(C) comply with the provisions of the ad-
ministration of the recreational trails program 
under section 206, including the use of appor-
tioned 
funds 
described 
under 
subsection 
(d)(3)(A) of that section. 
‘‘(8) STATE
FLEXIBILITY.—A State may opt 
out of the recreational trails program under para-
graph (7) if the Governor of the State notifies the 
Secretary not later than 30 days prior to apportion-
ments being made for any fiscal year.’’. 
SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PRO-
GRAM. 
(a) IN GENERAL.—Section 165 of title 23, United 
States Code, is amended to read as follows: 
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‘‘§ 165. Territorial and Puerto Rico highway program 
‘‘(a) DIVISION OF FUNDS.—Of funds made available 
in a fiscal year for the territorial and Puerto Rico highway 
program— 
‘‘(1) 75 percent shall be for the Puerto Rico 
highway program under subsection (b); and 
‘‘(2) 25 percent shall be for the territorial high-
way program under subsection (c). 
‘‘(b) PUERTO RICO HIGHWAY PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall allo-
cate funds made available to carry out this sub-
section to the Commonwealth of Puerto Rico to 
carry out a highway program in the Commonwealth. 
‘‘(2) TREATMENT OF FUNDS.—Amounts made 
available to carry out this subsection for a fiscal 
year shall be administered as follows: 
‘‘(A) APPORTIONMENT.— 
‘‘(i) IN GENERAL.—For the purpose 
of imposing any penalty under this title or 
title 49, the amounts shall be treated as 
being apportioned to Puerto Rico under 
sections 104(b) and 144 (as in effect for 
fiscal year 1997) for each program funded 
under those sections in an amount deter-
mined by multiplying— 
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177 
Puerto Rico under that section for purposes of 
the imposition of any penalty under this title or 
title 49. 
‘‘(C) ELIGIBLE
USES
OF
FUNDS.—Of 
amounts allocated to Puerto Rico for the Puer-
to Rico Highway Program for a fiscal year— 
‘‘(i) at least 50 percent shall be avail-
able only for purposes eligible under sec-
tion 119; 
‘‘(ii) at least 25 percent shall be avail-
able only for purposes eligible under sec-
tion 148; and 
‘‘(iii) any remaining funds may be ob-
ligated for activities eligible under chapter 
1. 
‘‘(3) EFFECT
ON
APPORTIONMENTS.—Except 
as otherwise specifically provided, Puerto Rico shall 
not be eligible to receive funds apportioned to States 
under this title. 
‘‘(c) TERRITORIAL HIGHWAY PROGRAM.— 
‘‘(1) TERRITORY DEFINED.—In this subsection, 
the term ‘territory’ means any of the following terri-
tories of the United States: 
‘‘(A) American Samoa. 
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‘‘(B) The Commonwealth of the Northern 
Mariana Islands. 
‘‘(C) Guam. 
‘‘(D) The United States Virgin Islands. 
‘‘(2) PROGRAM.— 
‘‘(A) IN GENERAL.—Recognizing the mu-
tual benefits that will accrue to the territories 
and the United States from the improvement of 
highways in the territories, the Secretary may 
carry out a program to assist each government 
of a territory in the construction and improve-
ment of a system of arterial and collector high-
ways, and necessary inter-island connectors, 
that is— 
‘‘(i) designated by the Governor or 
chief executive officer of each territory; 
and 
‘‘(ii) approved by the Secretary. 
‘‘(B) 
FEDERAL
SHARE.—The 
Federal 
share of Federal financial assistance provided 
to territories under this subsection shall be in 
accordance with section 120(g). 
‘‘(3) TECHNICAL ASSISTANCE.— 
‘‘(A) IN GENERAL.—To continue a long- 
range highway development program, the Sec-
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179 
retary may provide technical assistance to the 
governments of the territories to enable the ter-
ritories, on a continuing basis— 
‘‘(i) to engage in highway planning; 
‘‘(ii) to conduct environmental evalua-
tions; 
‘‘(iii) to administer right-of-way acqui-
sition and relocation assistance programs; 
and 
‘‘(iv) to design, construct, operate, 
and maintain a system of arterial and col-
lector highways, including necessary inter- 
island connectors. 
‘‘(B) FORM AND TERMS OF ASSISTANCE.— 
Technical assistance provided under subpara-
graph (A), and the terms for the sharing of in-
formation among territories receiving the tech-
nical assistance, shall be included in the agree-
ment required by paragraph (5). 
‘‘(4) NONAPPLICABILITY
OF
CERTAIN
PROVI-
SIONS.— 
‘‘(A) IN GENERAL.—Except to the extent 
that provisions of this chapter are determined 
by the Secretary to be inconsistent with the 
needs of the territories and the intent of this 
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180 
subsection, this chapter (other than provisions 
of this chapter relating to the apportionment 
and allocation of funds) shall apply to funds 
made available under this subsection. 
‘‘(B) 
APPLICABLE
PROVISIONS.—The 
agreement required by paragraph (5) for each 
territory shall identify the sections of this chap-
ter that are applicable to that territory and the 
extent of the applicability of those sections. 
‘‘(5) AGREEMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (D), none of the funds made 
available under this subsection shall be available 
for obligation or expenditure with respect to 
any territory until the chief executive officer of 
the territory has entered into an agreement (in-
cluding an agreement entered into under sec-
tion 215 as in effect on the day before the en-
actment of this section) with the Secretary pro-
viding that the government of the territory 
shall— 
‘‘(i) implement the program in accord-
ance with applicable provisions of this 
chapter and paragraph (4); 
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181 
‘‘(ii) design and construct a system of 
arterial and collector highways, including 
necessary inter-island connectors, in ac-
cordance with standards that are— 
‘‘(I) appropriate for each terri-
tory; and 
‘‘(II) approved by the Secretary; 
‘‘(iii) provide for the maintenance of 
facilities constructed or operated under 
this subsection in a condition to adequately 
serve the needs of present and future traf-
fic; and 
‘‘(iv) implement standards for traffic 
operations and uniform traffic control de-
vices that are approved by the Secretary. 
‘‘(B) 
TECHNICAL
ASSISTANCE.—The 
agreement 
required 
by 
subparagraph 
(A) 
shall— 
‘‘(i) specify the kind of technical as-
sistance to be provided under the program; 
‘‘(ii) include appropriate provisions re-
garding information sharing among the 
territories; and 
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182 
‘‘(iii) delineate the oversight role and 
responsibilities of the territories and the 
Secretary. 
‘‘(C) REVIEW AND REVISION OF AGREE-
MENT.—The agreement entered into under sub-
paragraph (A) shall be reevaluated and, as nec-
essary, revised, at least every 2 years. 
‘‘(D) EXISTING
AGREEMENTS.—With re-
spect to an agreement under this subsection or 
an agreement entered into under section 215 of 
this title as in effect on the day before the date 
of enactment of this subsection— 
‘‘(i) the agreement shall continue in 
force until replaced by an agreement en-
tered into in accordance with subparagraph 
(A); and 
‘‘(ii) amounts made available under 
this subsection under the existing agree-
ment shall be available for obligation or ex-
penditure so long as the agreement, or the 
existing agreement entered into under sub-
paragraph (A), is in effect. 
‘‘(6) ELIGIBLE USES OF FUNDS.— 
‘‘(A) IN GENERAL.—Funds made available 
under this subsection may be used only for the 
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following projects and activities carried out in a 
territory: 
‘‘(i) Eligible transportation mobility 
program projects described in section 
133(c). 
‘‘(ii) Cost-effective, preventive mainte-
nance consistent with section 116(d). 
‘‘(iii) Ferry boats, terminal facilities, 
and approaches, in accordance with sub-
sections (b) and (c) of section 129. 
‘‘(iv) Engineering and economic sur-
veys and investigations for the planning, 
and the financing, of future highway pro-
grams. 
‘‘(v) Studies of the economy, safety, 
and convenience of highway use. 
‘‘(vi) The regulation and equitable 
taxation of highway use. 
‘‘(vii) Such research and development 
as are necessary in connection with the 
planning, design, and maintenance of the 
highway system. 
‘‘(B) PROHIBITION ON USE OF FUNDS FOR 
ROUTINE
MAINTENANCE.—None of the funds 
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made available under this subsection shall be 
obligated or expended for routine maintenance. 
‘‘(7) 
LOCATION
OF
PROJECTS.—Territorial 
highway program projects (other than those de-
scribed in paragraphs (2), (4), (7), (8), (14), and 
(19) of section 133(c)) may not be undertaken on 
roads functionally classified as local.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) CLERICAL AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amend-
ed by striking the item relating to section 165 and 
inserting the following: 
‘‘165. Territorial and Puerto Rico highway program.’’. 
(2) OBSOLETE
TEXT.—Section 215 of that 
title, and the item relating to that section in the 
analysis for chapter 2, are repealed. 
SEC. 1115. NATIONAL FREIGHT PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 167. National freight program 
‘‘(a) NATIONAL FREIGHT PROGRAM.—It is the policy 
of the United States to improve the condition and per-
formance of the national freight network to ensure that 
the national freight network provides the foundation for 
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the United States to compete in the global economy and 
achieve each goal described in subsection (b). 
‘‘(b) GOALS.—The goals of the national freight pro-
gram are— 
‘‘(1) to invest in infrastructure improvements 
and to implement operational improvements that— 
‘‘(A) strengthen the contribution of the na-
tional freight network to the economic competi-
tiveness of the United States; 
‘‘(B) reduce congestion; and 
‘‘(C) increase productivity, particularly for 
domestic industries and businesses that create 
high-value jobs; 
‘‘(2) to reduce the environmental impacts of 
freight movement on the national freight network; 
‘‘(3) to improve the safety, security, and resil-
ience of freight transportation; 
‘‘(4) to improve the state of good repair of the 
national freight network; 
‘‘(5) to use advanced technology to improve the 
safety and efficiency of the national freight network; 
‘‘(6) to incorporate concepts of performance, in-
novation, competition, and accountability into the 
operation and maintenance of the national freight 
network; and 
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‘‘(7) to improve the economic efficiency of the 
national freight network. 
‘‘(c) ESTABLISHMENT OF PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and implement a national freight program in ac-
cordance with this section to strategically direct 
Federal resources toward improved system perform-
ance for efficient movement of freight on highways, 
including national highway system freight inter-
modal connectors and aerotropolis transportation 
systems. 
‘‘(2) NETWORK
COMPONENTS.—The national 
freight network shall consist of— 
‘‘(A) the primary freight network, as des-
ignated by the Secretary under subsection (f) 
(referred to in this section as the ‘primary 
freight network’) as most critical to the move-
ment of freight; 
‘‘(B) the portions of the Interstate System 
not designated as part of the primary freight 
network; and 
‘‘(C) critical rural freight corridors estab-
lished under subsection (g). 
‘‘(d) USE OF APPORTIONED FUNDS.— 
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‘‘(1) PROJECTS
ON
THE
NATIONAL
FREIGHT 
NETWORK.—At a minimum, following designation of 
the primary freight network under subsection (f), a 
State shall obligate funds apportioned under section 
104(b)(5) to improve the movement of freight on the 
national freight network. 
‘‘(2) LOCATION OF PROJECTS.—A project car-
ried out using funds apportioned under paragraph 
(1) shall be located— 
‘‘(A) on the primary freight network as de-
scribed under subsection (f); 
‘‘(B) on a portion of the Interstate System 
not designated as primary freight network; 
‘‘(C) on roads off of the Interstate System 
or primary freight network, if that use of funds 
will provide— 
‘‘(i) a more significant improvement 
to freight movement on the Interstate Sys-
tem or the primary freight network; 
‘‘(ii) critical freight access to the 
Interstate System or the primary freight 
network; or 
‘‘(iii) mitigation of the congestion im-
pacts from freight movement; 
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‘‘(D) on a national highway system freight 
intermodal connector; 
‘‘(E) on critical rural freight corridors, as 
designated under subsection (g) (except that 
not more than 20 percent of the total antici-
pated apportionment of a State under section 
104(b)(5) during fiscal years 2012 and 2013 
may be used for projects on critical rural 
freight corridors); or 
‘‘(F) within the boundaries of public and 
private intermodal facilities, but shall only in-
clude surface infrastructure necessary to facili-
tate direct intermodal interchange, transfer, 
and access into and out of the facility. 
‘‘(3) PRIMARY FREIGHT NETWORK FUNDING.— 
Beginning for each fiscal year after the Secretary 
designates the primary freight network, a State shall 
obligate from funds apportioned under section 
104(b)(5) for the primary freight network the lesser 
of— 
‘‘(A) an amount equal to the product ob-
tained by multiplying— 
‘‘(i) an amount equal to 110 percent 
of the apportionment of the State for the 
fiscal year under section 104(b)(5); and 
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2012 and 2013 for public or private freight rail 
or maritime projects. 
‘‘(B) ELIGIBILITY.—For a State to be eli-
gible to obligate funds in the manner described 
in subparagraph (A), the Secretary shall concur 
with the State that— 
‘‘(i) the project for which the State 
seeks to obligate funds under this para-
graph would make freight rail improve-
ments to enhance cross-border commerce 
within 5 miles of the international border 
between the United States and Canada or 
Mexico or make significant improvement to 
freight movements on the national freight 
network; and 
‘‘(ii) 
the 
public 
benefit 
of 
the 
project— 
‘‘(I) exceeds the Federal invest-
ment; and 
‘‘(II) provides a better return 
than a highway project on a segment 
of the primary freight network. 
‘‘(3) ELIGIBLE PROJECT COSTS.—A State may 
obligate funds apportioned to the State under sec-
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tion 104(b)(5) for the national freight program for 
any of the following costs of an eligible project: 
‘‘(A) Development phase activities, includ-
ing planning, feasibility analysis, revenue fore-
casting, environmental review, preliminary engi-
neering 
and 
design 
work, 
and 
other 
preconstruction activities. 
‘‘(B) Construction, reconstruction, rehabili-
tation, acquisition of real property (including 
land relating to the project and improvements 
to land), construction contingencies, acquisition 
of equipment, and operational improvements di-
rectly relating to improving system perform-
ance, including but not limited to any segment 
of the primary freight network that falls below 
the minimum level established pursuant to sec-
tion 119(f). 
‘‘(C) Intelligent transportation systems 
and other technology to improve the flow of 
freight. 
‘‘(D) Efforts to reduce the environmental 
impacts of freight movement on the national 
freight network. 
‘‘(E) Environmental mitigation. 
‘‘(F) Railway-highway grade separation. 
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‘‘(G) Geometric improvements to inter-
changes and ramps. 
‘‘(H) Truck-only lanes. 
‘‘(I) Climbing and runaway truck lanes. 
‘‘(J) Adding or widening of shoulders. 
‘‘(K) Truck parking facilities eligible for 
funding under section 1401 of the MAP–21. 
‘‘(L) Real-time traffic, truck parking, 
roadway condition, and multimodal transpor-
tation information systems. 
‘‘(M) 
Electronic 
screening 
and 
credentialing systems for vehicles, including 
weigh-in-motion truck inspection technologies. 
‘‘(N) Traffic signal optimization including 
synchronized and adaptive signals. 
‘‘(O) Work zone management and informa-
tion systems. 
‘‘(P) Highway ramp metering. 
‘‘(Q) Electronic cargo and border security 
technologies that improve truck freight move-
ment. 
‘‘(R) Intelligent transportation systems 
that would increase truck freight efficiencies in-
side the boundaries of intermodal facilities. 
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‘‘(S) Any other activities to improve the 
flow of freight on the national freight network. 
‘‘(4) OTHER ELIGIBLE COSTS.—In addition to 
eligible project costs, a State may use funds appor-
tioned under section 104(b)(5) for— 
‘‘(A) carrying out diesel retrofit or alter-
native fuel projects defined in section 149 for 
class 8 vehicles; or 
‘‘(B) the necessary costs of— 
‘‘(i) conducting analyses and data col-
lection; 
‘‘(ii) developing and updating per-
formance targets to carry out this section; 
or 
‘‘(iii) reporting to the Secretary to 
comply with subsection (i). 
‘‘(5) ELIGIBLE PROJECT COSTS PRIOR TO DES-
IGNATION OF THE PRIMARY FREIGHT NETWORK.— 
Prior to the date of designation of the primary 
freight network, a State may obligate funds appor-
tioned to the State under section 104(b)(5) to im-
prove freight movement on the Interstate System 
for— 
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‘‘(A) construction, reconstruction, resur-
facing, restoration, and rehabilitation of seg-
ments of the Interstate System; 
‘‘(B) operational improvements for seg-
ments of the Interstate System; 
‘‘(C) construction of, and operational im-
provements for, a Federal-aid highway not on 
the Interstate System, and construction of a 
transit project eligible for assistance under 
chapter 53 of title 49, United States Code, if— 
‘‘(i) the highway or transit project is 
in the same corridor as, and in proximity 
to a highway designated as a part of, the 
Interstate System; 
‘‘(ii) the construction or improvements 
would improve the level of service on the 
Interstate System described in subpara-
graph (A) and improve freight traffic flow; 
and 
‘‘(iii) the construction or improve-
ments are more cost-effective for freight 
movement than an improvement to the 
Interstate System described in subpara-
graph (A); 
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‘‘(D) highway safety improvements for seg-
ments of the Interstate System; 
‘‘(E) transportation planning in accordance 
with sections 134 and 135; 
‘‘(F) the costs of conducting analysis and 
data collection to comply with this section; 
‘‘(G) truck parking facilities eligible for 
funding under section 1401 of the MAP–21; 
‘‘(H) infrastructure-based intelligent trans-
portation systems capital improvements; 
‘‘(I) environmental restoration and pollu-
tion abatement in accordance with section 328; 
and 
‘‘(J) in accordance with all applicable Fed-
eral law (including regulations), participation in 
natural habitat and wetlands mitigation efforts 
relating to projects funded under this title, 
which may include participation in natural habi-
tat and wetlands mitigation banks, contribu-
tions to statewide and regional efforts to con-
serve, restore, enhance, and create natural habi-
tats and wetlands, and development of state-
wide and regional natural habitat and wetlands 
conservation and mitigation plans, including 
any such banks, efforts, and plans developed in 
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accordance with applicable Federal law (includ-
ing regulations), on the conditions that— 
‘‘(i) contributions to those mitigation 
efforts may— 
‘‘(I) take place concurrent with 
or in advance of project construction; 
and 
‘‘(II) occur in advance of project 
construction only if the efforts are 
consistent with all applicable require-
ments of Federal law (including regu-
lations) 
and 
State 
transportation 
planning processes; and 
‘‘(ii) with respect to participation in a 
natural habitat or wetland mitigation ef-
fort relating to a project funded under this 
title that has an impact that occurs within 
the service area of a mitigation bank, pref-
erence is given, to the maximum extent 
practicable, to the use of the mitigation 
bank if the bank contains sufficient avail-
able credits to offset the impact and the 
bank is approved in accordance with appli-
cable Federal law (including regulations). 
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‘‘(f) DESIGNATION
OF PRIMARY FREIGHT NET-
WORK.— 
‘‘(1) 
INITIAL
DESIGNATION
OF
PRIMARY 
FREIGHT NETWORK.— 
‘‘(A) DESIGNATION.—Not later than 1 
year after the date of enactment of this section, 
the Secretary shall designate a primary freight 
network— 
‘‘(i) based on an inventory of national 
freight volume conducted by the Adminis-
trator of the Federal Highway Administra-
tion, in consultation with stakeholders, in-
cluding system users, transport providers, 
and States; and 
‘‘(ii) that shall be comprised of not 
more than 27,000 centerline miles of exist-
ing roadways that are most critical to the 
movement of freight. 
‘‘(B) FACTORS
FOR
DESIGNATION.—In 
designating the primary freight network, the 
Secretary shall consider— 
‘‘(i) the origins and destinations of 
freight movement in the United States; 
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‘‘(ii) the total freight tonnage and 
value of freight moved by all modes of 
transportation; 
‘‘(iii) the percentage of annual aver-
age daily truck traffic in the annual aver-
age daily traffic on principal arterials; 
‘‘(iv) the annual average daily truck 
traffic on principal arterials; 
‘‘(v) land and maritime ports of entry; 
‘‘(vi) population centers; and 
‘‘(vii) network connectivity. 
‘‘(2) ADDITIONAL MILES ON PRIMARY FREIGHT 
NETWORK.—In addition to the miles initially des-
ignated under paragraph (1), the Secretary may in-
crease the number of miles designated as part of the 
primary freight network by not more than 3,000 ad-
ditional centerline miles of roadways (which may in-
clude existing or planned roads) critical to future ef-
ficient movement of goods on the primary freight 
network. 
‘‘(3) REDESIGNATION
OF
PRIMARY
FREIGHT 
NETWORK.—During calendar year 2015 and every 
10 years thereafter, using the designation factors de-
scribed in paragraph (1), the Secretary shall redesig-
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199 
nate the primary freight network (including addi-
tional mileage described in subsection (f)(2)). 
‘‘(g) CRITICAL RURAL FREIGHT CORRIDORS.—A 
State may designate a road within the borders of the State 
as a critical rural freight corridor if the road— 
‘‘(1) is a rural principal arterial roadway and 
has a minimum of 25 percent of the annual average 
daily traffic of the road measured in passenger vehi-
cle equivalent units from trucks (FHWA vehicle 
class 8 to 13); or 
‘‘(2) connects the primary freight network, a 
roadway described in paragraph (1), or Interstate 
System to facilities that handle more than— 
‘‘(A) 50,000 20-foot equivalent units per 
year; or 
‘‘(B) 500,000 tons per year of bulk com-
modities. 
‘‘(h) NATIONAL FREIGHT STRATEGIC PLAN.— 
‘‘(1) INITIAL
DEVELOPMENT
OF
NATIONAL 
FREIGHT STRATEGIC PLAN.—Not later than 3 years 
after the date of enactment of this section, the Sec-
retary shall, in consultation with appropriate public 
and private transportation stakeholders, develop and 
post on the Department of Transportation public 
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website a national freight strategic plan that shall 
include— 
‘‘(A) an assessment of the condition and 
performance of the national freight network; 
‘‘(B) an identification of highway bottle-
necks on the national freight network that cre-
ate significant freight congestion problems, 
based on a quantitative methodology developed 
by the Secretary, which shall, at a minimum, 
include information from the Freight Analysis 
Network of the Federal Highway Administra-
tion; 
‘‘(C) forecasts of freight volumes for the 
20-year period beginning in the year during 
which the plan is issued; 
‘‘(D) an identification of major trade gate-
ways and national freight corridors that connect 
major population centers, trade gateways, and 
other major freight generators for current and 
forecasted traffic and freight volumes, the iden-
tification of which shall be revised, as appro-
priate, in subsequent plans; 
‘‘(E) an assessment of statutory, regu-
latory, technological, institutional, financial, 
and other barriers to improved freight transpor-
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tation performance (including opportunities for 
overcoming the barriers); 
‘‘(F) best practices for improving the per-
formance of the national freight network; 
‘‘(G) best practices to mitigate the impacts 
of freight movement on communities; 
‘‘(H) a process for addressing multistate 
projects and encouraging jurisdictions to col-
laborate; and 
‘‘(I) strategies to improve maritime, freight 
rail, and freight intermodal connectivity. 
‘‘(2) UPDATES TO NATIONAL FREIGHT STRA-
TEGIC PLAN.—Not later than 5 years after the date 
of completion of the first national freight strategic 
plan under paragraph (1), and every 5 years there-
after, the Secretary shall update and repost on the 
Department of Transportation public website a re-
vised national freight strategic plan. 
‘‘(i) FREIGHT PERFORMANCE TARGETS.— 
‘‘(1) RULEMAKING.—Not later than 2 years 
after the date of enactment of this section, the Sec-
retary, in consultation with State departments of 
transportation and other appropriate public and pri-
vate transportation stakeholders, shall publish a 
rulemaking that establishes performance measures 
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for freight movement on the primary freight net-
work. 
‘‘(2) STATE
TARGETS
AND
REPORTING.—Not 
later than 1 year after the date on which the Sec-
retary publishes the rulemaking under paragraph 
(1), each State shall— 
‘‘(A) develop and periodically update State 
performance targets for freight movement on 
the primary freight network— 
‘‘(i) in consultation with appropriate 
public and private stakeholders; and 
‘‘(ii) using measures determined by 
the Secretary; and 
‘‘(B) for every 2-year period, submit to the 
Secretary a report that contains a description 
of— 
‘‘(i) the progress of the State toward 
meeting the targets; and 
‘‘(ii) the ways in which the State is 
addressing congestion at freight bottle-
necks within the State. 
‘‘(3) COMPLIANCE.— 
‘‘(A) PERFORMANCE
TARGETS.—To obli-
gate 
funding 
apportioned 
under 
section 
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104(b)(5), each State shall develop performance 
targets in accordance with paragraph (2). 
‘‘(B) DETERMINATION OF SECRETARY.—If 
the Secretary determines that a State has not 
met or made significant progress toward meet-
ing the performance targets of the State by the 
date that is 2 years after the date of establish-
ment of the performance targets, until the date 
on which the Secretary determines that the 
State has met (or has made significant progress 
towards meeting) the State performance tar-
gets, the State shall submit to the Secretary, on 
a biennial basis, a freight performance improve-
ment plan that includes— 
‘‘(i) an identification of significant 
freight system trends, needs, and issues 
within the State; 
‘‘(ii) a description of the freight poli-
cies and strategies that will guide the 
freight-related transportation investments 
of the State; 
‘‘(iii) an inventory of freight bottle-
necks within the State and a description of 
the ways in which the State is allocating 
funds to improve those bottlenecks; and 
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‘‘(iv) a description of the actions the 
State will undertake to meet the perform-
ance targets of the State. 
‘‘(j) FREIGHT TRANSPORTATION CONDITIONS AND 
PERFORMANCE REPORTS.—Not later than 2 years after 
the date of enactment of this section, and biennially there-
after, the Secretary shall prepare a report that contains 
a description of the conditions and performance of the na-
tional freight network in the United States. 
‘‘(k) TRANSPORTATION
INVESTMENT
DATA
AND 
PLANNING TOOLS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, the Secretary 
shall— 
‘‘(A) begin development of new tools and 
improvement of existing tools or improve exist-
ing tools to support an outcome-oriented, per-
formance-based approach to evaluate proposed 
freight-related 
and 
other 
transportation 
projects, including— 
‘‘(i) 
methodologies 
for 
systematic 
analysis of benefits and costs; 
‘‘(ii) tools for ensuring that the eval-
uation of freight-related and other trans-
portation projects could consider safety, 
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economic competitiveness, environmental 
sustainability, and system condition in the 
project selection process; and 
‘‘(iii) other elements to assist in effec-
tive transportation planning; 
‘‘(B) identify transportation-related model 
data elements to support a broad range of eval-
uation methods and techniques to assist in 
making transportation investment decisions; 
and 
‘‘(C) at a minimum, in consultation with 
other relevant Federal agencies, consider any 
improvements to existing freight flow data col-
lection efforts that could reduce identified 
freight data gaps and deficiencies and help im-
prove forecasts of freight transportation de-
mand. 
‘‘(2) CONSULTATION.—The Secretary shall con-
sult with Federal, State, and other stakeholders to 
develop, improve, and implement the tools and col-
lect the data in paragraph (1). 
‘‘(l) DEFINITION
OF
AEROTROPOLIS
TRANSPOR-
TATION SYSTEM.—For the purposes of this section, the 
term ‘aerotropolis transportation system’ means a planned 
and coordinated multimodal freight and passenger trans-
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portation network that, as determined by the Secretary, 
provides efficient, cost-effective, sustainable, and inter-
modal connectivity to a defined region of economic signifi-
cance centered around a major airport. 
‘‘(m) TREATMENT OF PROJECTS.—Notwithstanding 
any other provision of law, projects funded under this sec-
tion shall be treated as projects on a Federal-aid highway 
under this chapter.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘167. National freight program.’’. 
SEC. 1116. FEDERAL LANDS AND TRIBAL TRANSPORTATION 
PROGRAMS. 
(a) IN GENERAL.—Chapter 2 of title 23, United 
States Code, is amended by striking sections 201 through 
204 and inserting the following: 
‘‘§ 201. Federal lands and tribal transportation pro-
grams 
‘‘(a) PURPOSE.—Recognizing the need for all public 
Federal and tribal transportation facilities to be treated 
under uniform policies similar to the policies that apply 
to Federal-aid highways and other public transportation 
facilities, the Secretary of Transportation, in collaboration 
with the Secretaries of the appropriate Federal land man-
agement agencies, shall coordinate a uniform policy for all 
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207 
public Federal and tribal transportation facilities that 
shall apply to Federal lands transportation facilities, tribal 
transportation facilities, and Federal lands access trans-
portation facilities. 
‘‘(b) AVAILABILITY OF FUNDS.— 
‘‘(1) AVAILABILITY.—Funds authorized for the 
tribal transportation program, the Federal lands 
transportation program, and the Federal lands ac-
cess program shall be available for contract upon ap-
portionment, or on October 1 of the fiscal year for 
which the funds were authorized if no apportionment 
is required. 
‘‘(2) AMOUNT
REMAINING.—Any amount re-
maining unexpended for a period of 3 years after the 
close of the fiscal year for which the funds were au-
thorized shall lapse. 
‘‘(3) OBLIGATIONS.—The Secretary of the de-
partment responsible for the administration of funds 
under this subsection may incur obligations, approve 
projects, and enter into contracts under such author-
izations, which shall be considered to be contractual 
obligations of the United States for the payment of 
the cost thereof, the funds of which shall be consid-
ered to have been expended when obligated. 
‘‘(4) EXPENDITURE.— 
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208 
‘‘(A) IN GENERAL.—Any funds authorized 
for any fiscal year after the date of enactment 
of this section under the Federal lands trans-
portation program, the Federal lands access 
program, and the tribal transportation program 
shall be considered to have been expended if a 
sum equal to the total of the sums authorized 
for the fiscal year and previous fiscal years have 
been obligated. 
‘‘(B) CREDITED
FUNDS.—Any funds de-
scribed in subparagraph (A) that are released 
by payment of final voucher or modification of 
project authorizations shall be— 
‘‘(i) credited to the balance of unobli-
gated authorizations; and 
‘‘(ii) immediately available for expend-
iture. 
‘‘(5) APPLICABILITY.—This section shall not 
apply to funds authorized before the date of enact-
ment of this paragraph. 
‘‘(6) CONTRACTUAL OBLIGATION.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law (including regulations), 
the authorization by the Secretary, or the Sec-
retary of the appropriate Federal land manage-
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209 
ment agency if the agency is the contracting of-
fice, of engineering and related work for the de-
velopment, design, and acquisition associated 
with a construction project, whether performed 
by contract or agreement authorized by law, or 
the approval by the Secretary of plans, speci-
fications, and estimates for construction of a 
project, shall be considered to constitute a con-
tractual obligation of the Federal Government 
to pay the total eligible cost of— 
‘‘(i) any project funded under this 
title; and 
‘‘(ii) any project funded pursuant to 
agreements authorized by this title or any 
other title. 
‘‘(B) EFFECT.—Nothing in this para-
graph— 
‘‘(i) affects the application of the Fed-
eral share associated with the project being 
undertaken under this section; or 
‘‘(ii) modifies the point of obligation 
associated with Federal salaries and ex-
penses. 
‘‘(7) FEDERAL SHARE.— 
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210 
‘‘(A) TRIBAL AND FEDERAL LANDS TRANS-
PORTATION PROGRAM.—The Federal share of 
the cost of a project carried out under the Fed-
eral lands transportation program or the tribal 
transportation program shall be 100 percent. 
‘‘(B) 
FEDERAL
LANDS
ACCESS
PRO-
GRAM.—The Federal share of the cost of a 
project carried out under the Federal lands ac-
cess program shall be determined in accordance 
with section 120. 
‘‘(c) TRANSPORTATION PLANNING.— 
‘‘(1) 
TRANSPORTATION
PLANNING
PROCE-
DURES.—In consultation with the Secretary of each 
appropriate Federal land management agency, the 
Secretary shall implement transportation planning 
procedures for Federal lands and tribal transpor-
tation facilities that are consistent with the planning 
processes required under sections 134 and 135. 
‘‘(2) APPROVAL OF TRANSPORTATION IMPROVE-
MENT PROGRAM.—The transportation improvement 
program developed as a part of the transportation 
planning process under this section shall be ap-
proved by the Secretary. 
‘‘(3) INCLUSION IN OTHER PLANS.—Each re-
gionally significant tribal transportation program, 
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211 
Federal lands transportation program, and Federal 
lands access program project shall be— 
‘‘(A) developed in cooperation with State 
and metropolitan planning organizations; and 
‘‘(B) included in appropriate tribal trans-
portation program plans, Federal lands trans-
portation program plans, Federal lands access 
program plans, State and metropolitan plans, 
and transportation improvement programs. 
‘‘(4) INCLUSION IN STATE PROGRAMS.—The ap-
proved tribal transportation program, Federal lands 
transportation program, and Federal lands access 
program transportation improvement programs shall 
be included in appropriate State and metropolitan 
planning organization plans and programs without 
further action on the transportation improvement 
program. 
‘‘(5) ASSET MANAGEMENT.—The Secretary and 
the Secretary of each appropriate Federal land man-
agement agency shall, to the extent appropriate, im-
plement safety, bridge, pavement, and congestion 
management systems for facilities funded under the 
tribal transportation program and the Federal lands 
transportation program in support of asset manage-
ment. 
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212 
‘‘(6) DATA COLLECTION.— 
‘‘(A) DATA COLLECTION.—The Secretaries 
of the appropriate Federal land management 
agencies shall collect and report data necessary 
to implement the Federal lands transportation 
program, the Federal lands access program, 
and the tribal transportation program, includ-
ing— 
‘‘(i) inventory and condition informa-
tion on Federal lands transportation facili-
ties and tribal transportation facilities; and 
‘‘(ii) bridge inspection and inventory 
information on any Federal bridge open to 
the public. 
‘‘(B) STANDARDS.—The Secretary, in co-
ordination with the Secretaries of the appro-
priate Federal land management agencies, shall 
define the collection and reporting data stand-
ards. 
‘‘(7) ADMINISTRATIVE
EXPENSES.—To imple-
ment the activities described in this subsection, in-
cluding direct support of transportation planning ac-
tivities among Federal land management agencies, 
the Secretary may use not more than 5 percent for 
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213 
each fiscal year of the funds authorized for pro-
grams under sections 203 and 204. 
‘‘(d) REIMBURSABLE AGREEMENTS.—In carrying out 
work under reimbursable agreements with any State, local, 
or tribal government under this title, the Secretary— 
‘‘(1) may, without regard to any other provision 
of law (including regulations), record obligations 
against accounts receivable from the entity; and 
‘‘(2) shall credit amounts received from the en-
tity to the appropriate account, which shall occur 
not later than 90 days after the date of the original 
request by the Secretary for payment. 
‘‘(e) TRANSFERS.— 
‘‘(1) IN GENERAL.—To enable the efficient use 
of funds made available for the Federal lands trans-
portation program and the Federal lands access pro-
gram, the funds may be transferred by the Secretary 
within and between each program with the concur-
rence of, as appropriate— 
‘‘(A) the Secretary; 
‘‘(B) the affected Secretaries of the respec-
tive Federal land management agencies; 
‘‘(C) State departments of transportation; 
and 
‘‘(D) local government agencies. 
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214 
‘‘(2) CREDIT.—The funds described in para-
graph (1) shall be credited back to the loaning entity 
with funds that are currently available for obligation 
at the time of the credit. 
‘‘§ 202. Tribal transportation program 
‘‘(a) USE OF FUNDS.— 
‘‘(1) IN
GENERAL.—Funds made available 
under the tribal transportation program shall be 
used by the Secretary of Transportation and the 
Secretary of the Interior to pay the costs of— 
‘‘(A)(i) transportation planning, research, 
maintenance, engineering, rehabilitation, res-
toration, construction, and reconstruction of 
tribal transportation facilities; 
‘‘(ii) adjacent vehicular parking areas; 
‘‘(iii) interpretive signage; 
‘‘(iv) acquisition of necessary scenic ease-
ments and scenic or historic sites; 
‘‘(v) provisions for pedestrians and bicy-
cles; 
‘‘(vi) environmental mitigation in or adja-
cent to tribal land— 
‘‘(I) to improve public safety and re-
duce vehicle-caused wildlife mortality while 
maintaining habitat connectivity; and 
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215 
‘‘(II) to mitigate the damage to wild-
life, aquatic organism passage, habitat, 
and ecosystem connectivity, including the 
costs of constructing, maintaining, replac-
ing, or removing culverts and bridges, as 
appropriate; 
‘‘(vii) construction and reconstruction of 
roadside rest areas, including sanitary and 
water facilities; and 
‘‘(viii) other appropriate public road facili-
ties as determined by the Secretary; 
‘‘(B) operation and maintenance of transit 
programs and facilities that are located on, or 
provide access to, tribal land, or are adminis-
tered by a tribal government; and 
‘‘(C) any transportation project eligible for 
assistance under this title that is located within, 
or that provides access to, tribal land, or is as-
sociated with a tribal government. 
‘‘(2) CONTRACT.—In connection with an activ-
ity described in paragraph (1), the Secretary and the 
Secretary of the Interior may enter into a contract 
or other appropriate agreement with respect to the 
activity with— 
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216 
‘‘(A) a State (including a political subdivi-
sion of a State); or 
‘‘(B) an Indian tribe. 
‘‘(3) INDIAN LABOR.—Indian labor may be em-
ployed, in accordance with such rules and regula-
tions as may be promulgated by the Secretary of the 
Interior, to carry out any construction or other ac-
tivity described in paragraph (1). 
‘‘(4) FEDERAL
EMPLOYMENT.—No maximum 
limitation on Federal employment shall be applicable 
to the construction or improvement of tribal trans-
portation facilities. 
‘‘(5) FUNDS FOR CONSTRUCTION AND IMPROVE-
MENT.—All funds made available for the construc-
tion and improvement of tribal transportation facili-
ties shall be administered in conformity with regula-
tions and agreements jointly approved by the Sec-
retary and the Secretary of the Interior. 
‘‘(6) TRIBAL
TECHNICAL
ASSISTANCE
CEN-
TERS.—The Secretary of the Interior may reserve 
amounts from administrative funds of the Bureau of 
Indian Affairs that are associated with the tribal 
transportation program to fund tribal technical as-
sistance centers under section 504(b). 
‘‘(7) MAINTENANCE.— 
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217 
‘‘(A) USE
OF
FUNDS.—Notwithstanding 
any other provision of this title, of the amount 
of funds allocated to an Indian tribe from the 
tribal transportation program, for the purpose 
of maintenance (excluding road sealing, which 
shall not be subject to any limitation), the Sec-
retary shall not use an amount more than the 
greater of— 
‘‘(i) an amount equal to 25 percent; 
or 
‘‘(ii) $500,000. 
‘‘(B) RESPONSIBILITY OF BUREAU OF IN-
DIAN AFFAIRS AND SECRETARY OF THE INTE-
RIOR.— 
‘‘(i) BUREAU OF INDIAN AFFAIRS.— 
The Bureau of Indian Affairs shall retain 
primary responsibility, including annual 
funding request responsibility, for Bureau 
of Indian Affairs road maintenance pro-
grams on Indian reservations. 
‘‘(ii) SECRETARY OF THE INTERIOR.— 
The Secretary of the Interior shall ensure 
that funding made available under this 
subsection for maintenance of tribal trans-
portation facilities for each fiscal year is 
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218 
supplementary to, and not in lieu of, any 
obligation of funds by the Bureau of In-
dian Affairs for road maintenance pro-
grams on Indian reservations. 
‘‘(C) TRIBAL-STATE
ROAD
MAINTENANCE 
AGREEMENTS.— 
‘‘(i) IN
GENERAL.—An Indian tribe 
and a State may enter into a road mainte-
nance agreement under which an Indian 
tribe shall assume the responsibility of the 
State for— 
‘‘(I) tribal transportation facili-
ties; and 
‘‘(II) roads providing access to 
tribal transportation facilities. 
‘‘(ii) 
REQUIREMENTS.—Agreements 
entered into under clause (i) shall— 
‘‘(I) be negotiated between the 
State and the Indian tribe; and 
‘‘(II) not require the approval of 
the Secretary. 
‘‘(8) COOPERATION.— 
‘‘(A) IN
GENERAL.—The cooperation of 
States, counties, or other local subdivisions may 
be accepted in construction and improvement. 
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219 
‘‘(B) FUNDS
RECEIVED.—Any funds re-
ceived from a State, county, or local subdivision 
shall be credited to appropriations available for 
the tribal transportation program. 
‘‘(9) COMPETITIVE BIDDING.— 
‘‘(A) CONSTRUCTION.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii) and subparagraph (B), construction of 
each project shall be performed by contract 
awarded by competitive bidding. 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply if the Secretary or the Secretary 
of the Interior affirmatively finds that, 
under the circumstances relating to the 
project, a different method is in the public 
interest. 
‘‘(B) 
APPLICABILITY.—Notwithstanding 
subparagraph (A), section 23 of the Act of 
June 25, 1910 (25 U.S.C. 47) and section 7(b) 
of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450e(b)) shall apply 
to all funds administered by the Secretary of 
the Interior that are appropriated for the con-
struction and improvement of tribal transpor-
tation facilities. 
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220 
‘‘(b) FUNDS DISTRIBUTION.— 
‘‘(1) NATIONAL TRIBAL TRANSPORTATION FA-
CILITY INVENTORY.— 
‘‘(A) IN GENERAL.—The Secretary of the 
Interior, in cooperation with the Secretary, shall 
maintain a comprehensive national inventory of 
tribal transportation facilities that are eligible 
for assistance under the tribal transportation 
program. 
‘‘(B) TRANSPORTATION
FACILITIES
IN-
CLUDED IN THE INVENTORY.—For purposes of 
identifying the tribal transportation system and 
determining the relative transportation needs 
among Indian tribes, the Secretary shall in-
clude, at a minimum, transportation facilities 
that are eligible for assistance under the tribal 
transportation program that an Indian tribe 
has requested, including facilities that— 
‘‘(i) were included in the Bureau of 
Indian Affairs system inventory prior to 
October 1, 2004; 
‘‘(ii) are owned by an Indian tribal 
government; 
‘‘(iii) are owned by the Bureau of In-
dian Affairs; 
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221 
‘‘(iv) were constructed or recon-
structed with funds from the Highway Ac-
count of the Transportation Trust Fund 
under the Indian reservation roads pro-
gram since 1983; 
‘‘(v) are public roads or bridges within 
the exterior boundary of Indian reserva-
tions, Alaska Native villages, and other 
recognized Indian communities (including 
communities in former Indian reservations 
in the State of Oklahoma) in which the 
majority of residents are American Indians 
or Alaska Natives; 
‘‘(vi) are public roads within or pro-
viding access to an Indian reservation or 
Indian trust land or restricted Indian land 
that is not subject to fee title alienation 
without the approval of the Federal Gov-
ernment, or Indian or Alaska Native vil-
lages, groups, or communities in which In-
dians and Alaska Natives reside, whom the 
Secretary of the Interior has determined 
are eligible for services generally available 
to Indians under Federal laws specifically 
applicable to Indians; or 
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222 
‘‘(vii) are primary access routes pro-
posed by tribal governments, including 
roads between villages, roads to landfills, 
roads to drinking water sources, roads to 
natural resources identified for economic 
development, and roads that provide access 
to intermodal terminals, such as airports, 
harbors, or boat landings. 
‘‘(C) LIMITATION
ON
PRIMARY
ACCESS 
ROUTES.—For purposes of this paragraph, a 
proposed primary access route is the shortest 
practicable route connecting 2 points of the pro-
posed route. 
‘‘(D) ADDITIONAL
FACILITIES.—Nothing 
in this paragraph precludes the Secretary from 
including additional transportation facilities 
that are eligible for funding under the tribal 
transportation program in the inventory used 
for the national funding allocation if such addi-
tional facilities are included in the inventory in 
a uniform and consistent manner nationally. 
‘‘(E) BRIDGES.—All bridges in the inven-
tory shall be recorded in the national bridge in-
ventory administered by the Secretary under 
section 144. 
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223 
‘‘(2) REGULATIONS.—Notwithstanding sections 
563(a) and 565(a) of title 5, the Secretary of the In-
terior shall maintain any regulations governing the 
tribal transportation program. 
‘‘(3) BASIS FOR FUNDING FORMULA.— 
‘‘(A) BASIS.— 
‘‘(i) IN GENERAL.—After making the 
set asides authorized under subsections (c), 
(d), and (e) on October 1 of each fiscal 
year, the Secretary shall distribute the re-
mainder authorized to be appropriated for 
the tribal transportation program under 
this section among Indian tribes as follows: 
‘‘(I) For fiscal year 2012— 
‘‘(aa) for each Indian tribe, 
80 percent of the total relative 
need distribution factor and pop-
ulation adjustment factor for the 
fiscal year 2011 funding amount 
made available to that Indian 
tribe; and 
‘‘(bb) the remainder using 
tribal shares as described in sub-
paragraphs (B) and (C). 
‘‘(II) For fiscal year 2013— 
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224 
‘‘(aa) for each Indian tribe, 
60 percent of the total relative 
need distribution factor and pop-
ulation adjustment factor for the 
fiscal year 2011 funding amount 
made available to that Indian 
tribe; and 
‘‘(bb) the remainder using 
tribal shares as described in sub-
paragraphs (B) and (C). 
‘‘(III) For fiscal year 2014— 
‘‘(aa) for each Indian tribe, 
40 percent of the total relative 
need distribution factor and pop-
ulation adjustment factor for the 
fiscal year 2011 funding amount 
made available to that Indian 
tribe; and 
‘‘(bb) the remainder using 
tribal shares as described in sub-
paragraphs (B) and (C). 
‘‘(IV) For fiscal year 2015— 
‘‘(aa) for each Indian tribe, 
20 percent of the total relative 
need distribution factor and pop-
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225 
ulation adjustment factor for the 
fiscal year 2011 funding amount 
made available to that Indian 
tribe; and 
‘‘(bb) the remainder using 
tribal shares as described in sub-
paragraphs (B) and (C). 
‘‘(V) For fiscal year 2016 and 
thereafter, using tribal shares as de-
scribed in subparagraphs (B) and (C). 
‘‘(ii) 
TRIBAL
HIGH
PRIORITY 
PROJECTS.—The High Priority Projects 
program as included in the Tribal Trans-
portation Allocation Methodology of part 
170 of title 25, Code of Federal Regula-
tions (as in effect on the date of enactment 
of the MAP–21), shall not continue in ef-
fect. 
‘‘(B) 
TRIBAL
SHARES.—Tribal 
shares 
under this program shall be determined using 
the national tribal transportation facility inven-
tory as calculated for fiscal year 2012, and the 
most recent data on American Indian and Alas-
ka Native population within each Indian tribe’s 
American Indian/Alaska Native Reservation or 
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226 
Statistical Area, as computed under the Native 
American Housing Assistance and Self-Deter-
mination Act of 1996 (25 U.S.C. 4101 et seq.), 
in the following manner: 
‘‘(i) 30 percent in the ratio that the 
total eligible lane mileage in each tribe 
bears to the total eligible lane mileage of 
all American Indians and Alaskan Natives. 
For the purposes of this calculation— 
‘‘(I) eligible lane mileage shall be 
computed based on the inventory de-
scribed in paragraph (1), using only 
facilities included in the inventory de-
scribed in clause (i), (ii), or (iii) of 
paragraph (1)(B); and 
‘‘(II) paved roads and gravel sur-
faced roads are deemed to equal 2 
lane miles per mile of inventory, and 
earth surfaced roads and unimproved 
roads shall be deemed to equal 1 lane 
mile per mile of inventory. 
‘‘(ii) 35 percent in the ratio that the 
total population in each tribe bears to the 
total population of all American Indians 
and Alaskan Natives. 
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227 
‘‘(iii) 35 percent shall be divided 
equally among each Bureau of Indian Af-
fairs region for distribution of tribal shares 
as follows: 
‘‘(I) 1⁄4 of 1 percent shall be dis-
tributed equally among Indian tribes 
with populations of 1 to 25. 
‘‘(II) 3⁄4 of 1 percent shall be dis-
tributed equally among Indian tribes 
with populations of 26 to 100. 
‘‘(III) 33⁄4 percent shall be dis-
tributed equally among Indian tribes 
with populations of 101 to 1,000. 
‘‘(IV) 20 percent shall be distrib-
uted equally among Indian tribes with 
populations of 1,001 to 10,000. 
‘‘(V) 743⁄4 percent shall be dis-
tributed equally among Indian tribes 
with populations of 10,001 to 60,000 
where 3 or more Indian tribes occupy 
this category in a single Bureau of In-
dian Affairs region, and Bureau of In-
dian Affairs regions containing less 
than 3 Indian tribes in this category 
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228 
shall receive funding in accordance 
with subclause (IV) and clause (iv). 
‘‘(VI) 1⁄2 of 1 percent shall be 
distributed 
equally 
among 
Indian 
tribes with populations of 60,001 or 
more. 
‘‘(iv) For a Bureau of Indian Affairs 
region that has no Indian tribes meeting 
the population criteria under 1 or more of 
subclauses (I) through (VI) of clause (iii), 
the region shall redistribute any funds sub-
ject to such clause or clauses among any 
such clauses for which the region has In-
dian tribes meeting such criteria propor-
tionally in accordance with the percentages 
listed in such clauses until such funds are 
completely distributed. 
‘‘(C) TRIBAL SUPPLEMENTAL FUNDING.— 
‘‘(i) TRIBAL SUPPLEMENTAL FUNDING 
AMOUNT.—Of funds made available for 
each fiscal year for the tribal transpor-
tation program, the Secretary shall set 
aside the following amount for a tribal 
supplemental program: 
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‘‘(I) If the amount made avail-
able for the tribal transportation pro-
gram is less than or equal to 
$275,000,000, 30 percent of such 
amount. 
‘‘(II) If the amount made avail-
able for the tribal transportation pro-
gram exceeds $275,000,000— 
‘‘(aa) $82,500,000; plus 
‘‘(bb) 12.5 percent of the 
amount made available for the 
tribal transportation program in 
excess of $275,000,000. 
‘‘(ii) TRIBAL SUPPLEMENTAL ALLOCA-
TION.—The Secretary shall distribute trib-
al supplemental funds as follows: 
‘‘(I) DISTRIBUTION
AMONG
RE-
GIONS.—Of the amounts set aside 
under clause (i), the Secretary shall 
distribute to each region of the Bu-
reau of Indian Affairs a share of trib-
al supplemental funds in proportion to 
the regional total of tribal shares 
based on the cumulative tribal shares 
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230 
of all Indian tribes within such region 
under subparagraph (B). 
‘‘(II) DISTRIBUTION
WITHIN
A 
REGION.—Of the amount that a re-
gion receives under subclause (I), the 
Secretary shall distribute tribal sup-
plemental 
funding 
among 
Indian 
tribes within such region as follows: 
‘‘(aa) 
TRIBAL
SUPPLE-
MENTAL
AMOUNTS.—The Sec-
retary shall determine— 
‘‘(AA) which such In-
dian tribes would be entitled 
under subparagraph (A) to 
receive in a fiscal year less 
funding than they would re-
ceive in fiscal year 2011 
pursuant 
to 
the 
Tribal 
Transportation 
Allocation 
Methodology 
described 
in 
subpart C of part 170 of 
title 25, Code of Federal 
Regulations (as in effect on 
the date of enactment of the 
MAP–21); and 
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231 
‘‘(BB) 
the 
combined 
amount that such Indian 
tribes would be entitled to 
receive in fiscal year 2011 
pursuant to such Tribal 
Transportation 
Allocation 
Methodology in excess of the 
amount that they would be 
entitled to receive in the fis-
cal year under subparagraph 
(B); and 
‘‘(bb) Subject to subclause 
(III), distribute to each Indian 
tribe that meets the criteria de-
scribed in item (aa)(AA) a share 
of funding under this subpara-
graph in proportion to the share 
of the combined amount deter-
mined under item (aa)(BB) at-
tributable to such Indian tribe. 
‘‘(III) CEILING.—An Indian tribe 
may not receive under subclause (II) 
and based on its tribal share under 
subparagraph (A) a combined amount 
that exceeds the amount that such In-
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232 
dian tribe would be entitled to receive 
in fiscal year 2011 pursuant to the 
Tribal 
Transportation 
Allocation 
Methodology described in subpart C of 
part 170 of title 25, Code of Federal 
Regulations (as in effect on the date 
of enactment of the MAP–21). 
‘‘(IV) OTHER AMOUNTS.—If the 
amount made available for a region 
under 
subclause 
(I) 
exceeds 
the 
amount distributed among Indian 
tribes within that region under sub-
clause (II), the Secretary shall dis-
tribute the remainder of such region’s 
funding under such subclause among 
all Indian tribes in that region in pro-
portion to the combined amount that 
each such Indian tribe received under 
subparagraph (A) and subclauses (I), 
(II), and (III). 
‘‘(4) TRANSFERRED FUNDS.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the date on which funds are made 
available to the Secretary of the Interior under 
this paragraph, the funds shall be distributed 
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233 
to, and made available for immediate use by, el-
igible Indian tribes, in accordance with the for-
mula for distribution of funds under the tribal 
transportation program. 
‘‘(B) USE
OF
FUNDS.—Notwithstanding 
any other provision of this section, funds made 
available to Indian tribes for tribal transpor-
tation facilities shall be expended on projects 
identified in a transportation improvement pro-
gram approved by the Secretary. 
‘‘(5) HEALTH AND SAFETY ASSURANCES.—Not-
withstanding any other provision of law, an Indian 
tribal government may approve plans, specifications, 
and estimates and commence road and bridge con-
struction with funds made available from the tribal 
transportation program through a contract or agree-
ment under Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.), if the 
Indian tribal government— 
‘‘(A) provides assurances in the contract or 
agreement that the construction will meet or ex-
ceed applicable health and safety standards; 
‘‘(B) obtains the advance review of the 
plans and specifications from a State-licensed 
civil engineer that has certified that the plans 
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and specifications meet or exceed the applicable 
health and safety standards; and 
‘‘(C) provides a copy of the certification 
under subparagraph (A) to the Deputy Assist-
ant Secretary for Tribal Government Affairs, 
Department of Transportation, or the Assistant 
Secretary for Indian Affairs, Department of the 
Interior, as appropriate. 
‘‘(6) CONTRACTS AND AGREEMENTS WITH IN-
DIAN TRIBES.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law or any interagency agree-
ment, program guideline, manual, or policy di-
rective, all funds made available through the 
Secretary of the Interior under this chapter and 
section 125(e) for tribal transportation facilities 
to pay for the costs of programs, services, func-
tions, and activities, or portions of programs, 
services, functions, or activities, that are specifi-
cally or functionally related to the cost of plan-
ning, research, engineering, and construction of 
any tribal transportation facility shall be made 
available, upon request of the Indian tribal gov-
ernment, to the Indian tribal government for 
contracts and agreements for such planning, re-
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search, engineering, and construction in accord-
ance with Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.). 
‘‘(B) EXCLUSION OF AGENCY PARTICIPA-
TION.—All funds, including contract support 
costs, for programs, functions, services, or ac-
tivities, or portions of programs, services, func-
tions, or activities, including supportive admin-
istrative 
functions 
that 
are 
otherwise 
contractible to which subparagraph (A) applies, 
shall be paid in accordance with subparagraph 
(A), without regard to the organizational level 
at which the Department of the Interior has 
previously carried out such programs, functions, 
services, or activities. 
‘‘(7) CONTRACTS AND AGREEMENTS WITH IN-
DIAN TRIBES.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law or any interagency agree-
ment, program guideline, manual, or policy di-
rective, all funds made available through the 
Secretary of the Interior to an Indian tribal 
government under this chapter for a tribal 
transportation facility program or project shall 
be made available, on the request of the Indian 
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236 
tribal government, to the Indian tribal govern-
ment for use in carrying out, in accordance 
with the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.), 
contracts and agreements for the planning, re-
search, design, engineering, construction, and 
maintenance relating to the program or project. 
‘‘(B) EXCLUSION OF AGENCY PARTICIPA-
TION.—In accordance with subparagraph (A), 
all funds, including contract support costs, for 
a program or project to which subparagraph 
(A) applies shall be paid to the Indian tribal 
government without regard to the organiza-
tional level at which the Department of the In-
terior has previously carried out, or the Depart-
ment of Transportation has previously carried 
out under the tribal transportation program, 
the programs, functions, services, or activities 
involved. 
‘‘(C) CONSORTIA.—Two or more Indian 
tribes that are otherwise eligible to participate 
in a program or project to which this chapter 
applies may form a consortium to be considered 
as a single Indian tribe for the purpose of par-
ticipating in the project under this section. 
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237 
‘‘(D) SECRETARY
AS
SIGNATORY.—Not-
withstanding any other provision of law, the 
Secretary is authorized to enter into a funding 
agreement with an Indian tribal government to 
carry out a tribal transportation facility pro-
gram or project under subparagraph (A) that is 
located on an Indian reservation or provides ac-
cess to the reservation or a community of the 
Indian tribe. 
‘‘(E) FUNDING.—The amount an Indian 
tribal government receives for a program or 
project under subparagraph (A) shall equal the 
sum of the funding that the Indian tribal gov-
ernment would otherwise receive for the pro-
gram or project in accordance with the funding 
formula established under this subsection and 
such additional amounts as the Secretary deter-
mines equal the amounts that would have been 
withheld for the costs of the Bureau of Indian 
Affairs for administration of the program or 
project. 
‘‘(F) ELIGIBILITY.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii) and the approval of the Secretary, 
funds may be made available under sub-
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paragraph (A) to an Indian tribal govern-
ment for a program or project in a fiscal 
year only if the Indian tribal government 
requesting such funds demonstrates to the 
satisfaction of the Secretary financial sta-
bility and financial management capability 
during the 3 fiscal years immediately pre-
ceding the fiscal year for which the request 
is being made. 
‘‘(ii) CONSIDERATIONS.—An Indian 
tribal government that had no uncorrected 
significant and material audit exceptions in 
the required annual audit of the contracts 
or self-governance funding agreements 
made by the Indian tribe with any Federal 
agency under the Indian Self-Determina-
tion and Education Assistance Act (25 
U.S.C. 450 et seq.) during the 3-fiscal year 
period referred in clause (i) shall be con-
clusive evidence of the financial stability 
and financial management capability of the 
Indian tribe for purposes of clause (i). 
‘‘(G) ASSUMPTION OF FUNCTIONS AND DU-
TIES.—An Indian tribal government receiving 
funding under subparagraph (A) for a program 
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or project shall assume all functions and duties 
that the Secretary of the Interior would have 
performed with respect to a program or project 
under this chapter, other than those functions 
and duties that inherently cannot be legally 
transferred under the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 
450 et seq.). 
‘‘(H) POWERS.—An Indian tribal govern-
ment receiving funding under subparagraph (A) 
for a program or project shall have all powers 
that the Secretary of the Interior would have 
exercised in administering the funds transferred 
to the Indian tribal government for such pro-
gram or project under this section if the funds 
had not been transferred, except to the extent 
that such powers are powers that inherently 
cannot be legally transferred under the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.). 
‘‘(I) DISPUTE RESOLUTION.—In the event 
of a disagreement between the Secretary or the 
Secretary of the Interior and an Indian tribe 
over whether a particular function, duty, or 
power may be lawfully transferred to the Indian 
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240 
tribe under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et 
seq.), the Indian tribe shall have the right to 
pursue all alternative dispute resolution and ap-
peal procedures authorized by that Act, includ-
ing regulations issued to carry out the Act. 
‘‘(J) TERMINATION
OF
CONTRACT
OR 
AGREEMENT.—On the date of the termination 
of a contract or agreement under this section 
by an Indian tribal government, the Secretary 
shall transfer all funds that would have been al-
located to the Indian tribal government under 
the contract or agreement to the Secretary of 
the Interior to provide continued transportation 
services in accordance with applicable law. 
‘‘(c) PLANNING.— 
‘‘(1) IN GENERAL.—For each fiscal year, not 
more than 2 percent of the funds made available for 
the tribal transportation program shall be allocated 
among Indian tribal governments that apply for 
transportation planning pursuant to the Indian Self- 
Determination and Education Assistance Act (25 
U.S.C. 450 et seq.). 
‘‘(2) REQUIREMENT.—An Indian tribal govern-
ment, in cooperation with the Secretary of the Inte-
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241 
rior and, as appropriate, with a State, local govern-
ment, or metropolitan planning organization, shall 
carry out a transportation planning process in ac-
cordance with section 201(c). 
‘‘(3) 
SELECTION
AND
APPROVAL
OF 
PROJECTS.—A project funded under this section 
shall be— 
‘‘(A) selected by the Indian tribal govern-
ment from the transportation improvement pro-
gram; and 
‘‘(B) subject to the approval of the Sec-
retary of the Interior and the Secretary. 
‘‘(d) 
TRIBAL
TRANSPORTATION
FACILITY 
BRIDGES.— 
‘‘(1) NATIONWIDE
PRIORITY
PROGRAM.—The 
Secretary shall maintain a nationwide priority pro-
gram for improving deficient bridges eligible for the 
tribal transportation program. 
‘‘(2) FUNDING.—Before making any distribu-
tion under subsection (b), the Secretary shall set 
aside not more than 2 percent of the funds made 
available under the tribal transportation program for 
each fiscal year to be allocated— 
‘‘(A) to carry out any planning, design, en-
gineering, preconstruction, construction, and in-
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242 
spection of a project to replace, rehabilitate, 
seismically retrofit, paint, apply calcium magne-
sium acetate, sodium acetate/formate, or other 
environmentally acceptable, minimally corrosive 
anti-icing and deicing composition; or 
‘‘(B) to implement any countermeasure for 
deficient tribal transportation facility bridges, 
including multiple-pipe culverts. 
‘‘(3) ELIGIBLE BRIDGES.—To be eligible to re-
ceive funding under this subsection, a bridge de-
scribed in paragraph (1) shall— 
‘‘(A) have an opening of not less than 20 
feet; 
‘‘(B) be classified as a tribal transpor-
tation facility; and 
‘‘(C) be structurally deficient or function-
ally obsolete. 
‘‘(4) APPROVAL REQUIREMENT.—The Secretary 
may make funds available under this subsection for 
preliminary engineering, construction, and construc-
tion engineering activities after approval of required 
documentation and verification of eligibility in ac-
cordance with this title. 
‘‘(e) SAFETY.— 
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243 
‘‘(1) FUNDING.—Before making any distribu-
tion under subsection (b), the Secretary shall set 
aside not more than 2 percent of the funds made 
available under the tribal transportation program for 
each fiscal year to be allocated based on an identi-
fication and analysis of highway safety issues and 
opportunities on tribal land, as determined by the 
Secretary, on application of the Indian tribal govern-
ments for eligible projects described in section 
148(a)(4). 
‘‘(2) PROJECT
SELECTION.—An Indian tribal 
government, in cooperation with the Secretary of the 
Interior and, as appropriate, with a State, local gov-
ernment, or metropolitan planning organization, 
shall select projects from the transportation im-
provement program, subject to the approval of the 
Secretary and the Secretary of the Interior. 
‘‘(f) FEDERAL-AID ELIGIBLE PROJECTS.—Before ap-
proving as a project on a tribal transportation facility any 
project eligible for funds apportioned under section 104 
in a State, the Secretary shall, for projects on tribal trans-
portation facilities, determine that the obligation of funds 
for the project is supplementary to and not in lieu of the 
obligation of a fair and equitable share of funds appor-
tioned to the State under section 104. 
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‘‘§ 203. Federal lands transportation program 
‘‘(a) USE OF FUNDS.— 
‘‘(1) IN
GENERAL.—Funds made available 
under the Federal lands transportation program 
shall be used by the Secretary of Transportation and 
the Secretary of the appropriate Federal land man-
agement agency to pay the costs of— 
‘‘(A) program administration, transpor-
tation planning, research, preventive mainte-
nance, engineering, rehabilitation, restoration, 
construction, and reconstruction of Federal 
lands transportation facilities, and— 
‘‘(i) adjacent vehicular parking areas; 
‘‘(ii) acquisition of necessary scenic 
easements and scenic or historic sites; 
‘‘(iii) provision for pedestrians and bi-
cycles; 
‘‘(iv) environmental mitigation in or 
adjacent to Federal land open to the pub-
lic— 
‘‘(I) to improve public safety and 
reduce vehicle-caused wildlife mor-
tality 
while 
maintaining 
habitat 
connectivity; and 
‘‘(II) to mitigate the damage to 
wildlife, aquatic organism passage, 
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habitat, and ecosystem connectivity, 
including the costs of constructing, 
maintaining, replacing, or removing 
culverts and bridges, as appropriate; 
‘‘(v) construction and reconstruction 
of roadside rest areas, including sanitary 
and water facilities; 
‘‘(vi) congestion mitigation; and 
‘‘(vii) other appropriate public road 
facilities, as determined by the Secretary; 
‘‘(B) operation and maintenance of transit 
facilities; and 
‘‘(C) any transportation project eligible for 
assistance under this title that is on a public 
road within or adjacent to, or that provides ac-
cess to, Federal lands open to the public. 
‘‘(2) CONTRACT.—In connection with an activ-
ity described in paragraph (1), the Secretary and the 
Secretary of the appropriate Federal land manage-
ment agency may enter into a contract or other ap-
propriate agreement with respect to the activity 
with— 
‘‘(A) a State (including a political subdivi-
sion of a State); or 
‘‘(B) an Indian tribe. 
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246 
‘‘(3) ADMINISTRATION.—All appropriations for 
the construction and improvement of Federal lands 
transportation facilities shall be administered in con-
formity with regulations and agreements jointly ap-
proved by the Secretary and the Secretary of the ap-
propriate Federal land managing agency. 
‘‘(4) COOPERATION.— 
‘‘(A) IN
GENERAL.—The cooperation of 
States, counties, or other local subdivisions may 
be accepted in construction and improvement. 
‘‘(B) FUNDS
RECEIVED.—Any funds re-
ceived from a State, county, or local subdivision 
shall be credited to appropriations available for 
the class of Federal lands transportation facili-
ties to which the funds were contributed. 
‘‘(5) COMPETITIVE BIDDING.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), construction of each project shall be 
performed by contract awarded by competitive 
bidding. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall not apply if the Secretary or the Secretary 
of the appropriate Federal land management 
agency affirmatively finds that, under the cir-
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cumstances relating to the project, a different 
method is in the public interest. 
‘‘(b) AGENCY PROGRAM DISTRIBUTIONS.— 
‘‘(1) IN GENERAL.—On October 1, 2011, and 
on October 1 of each fiscal year thereafter, the Sec-
retary shall allocate the sums authorized to be ap-
propriated for the fiscal year for the Federal lands 
transportation program on the basis of applications 
of need, as determined by the Secretary— 
‘‘(A) in consultation with the Secretaries of 
the applicable Federal land management agen-
cies; and 
‘‘(B) in coordination with the transpor-
tation plans required under section 201 of the 
respective transportation systems of— 
‘‘(i) the National Park Service; 
‘‘(ii) the Forest Service; 
‘‘(iii) the United States Fish and 
Wildlife Service; 
‘‘(iv) the Corps of Engineers; and 
‘‘(v) the Bureau of Land Manage-
ment. 
‘‘(2) APPLICATIONS.— 
‘‘(A) REQUIREMENTS.—Each application 
submitted by a Federal land management agen-
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cy shall include proposed programs at various 
potential funding levels, as defined by the Sec-
retary following collaborative discussions with 
applicable Federal land management agencies. 
‘‘(B) CONSIDERATION BY SECRETARY.—In 
evaluating an application submitted under sub-
paragraph (A), the Secretary shall consider the 
extent to which the programs support— 
‘‘(i) the transportation goals of— 
‘‘(I) a state of good repair of 
transportation facilities; 
‘‘(II) a reduction of bridge defi-
ciencies, and 
‘‘(III) an improvement of safety; 
‘‘(ii) high-use Federal recreational 
sites or Federal economic generators; and 
‘‘(iii) the resource and asset manage-
ment goals of the Secretary of the respec-
tive Federal land management agency. 
‘‘(C) PERMISSIVE
CONTENTS.—Applica-
tions may include proposed programs the dura-
tion of which extend over a multiple-year period 
to support long-term transportation planning 
and resource management initiatives. 
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249 
‘‘(c) NATIONAL FEDERAL LANDS TRANSPORTATION 
FACILITY INVENTORY.— 
‘‘(1) IN GENERAL.—The Secretaries of the ap-
propriate Federal land management agencies, in co-
operation with the Secretary, shall maintain a com-
prehensive national inventory of public Federal lands 
transportation facilities. 
‘‘(2) TRANSPORTATION
FACILITIES
INCLUDED 
IN
THE
INVENTORIES.—To identify the Federal 
lands transportation system and determine the rel-
ative transportation needs among Federal land man-
agement agencies, the inventories shall include, at a 
minimum, facilities that— 
‘‘(A) provide access to high-use Federal 
recreation sites or Federal economic generators, 
as determined by the Secretary in coordination 
with the respective Secretaries of the appro-
priate Federal land management agencies; and 
‘‘(B) are owned by 1 of the following agen-
cies: 
‘‘(i) The National Park Service. 
‘‘(ii) The Forest Service. 
‘‘(iii) The United States Fish and 
Wildlife Service. 
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250 
‘‘(iv) The Bureau of Land Manage-
ment. 
‘‘(v) The Corps of Engineers. 
‘‘(3) AVAILABILITY.—The inventories shall be 
made available to the Secretary. 
‘‘(4) UPDATES.—The Secretaries of the appro-
priate Federal land management agencies shall up-
date the inventories of the appropriate Federal land 
management agencies, as determined by the Sec-
retary after collaborative discussions with the Secre-
taries of the appropriate Federal land management 
agencies. 
‘‘(5) REVIEW.—A decision to add or remove a 
facility from the inventory shall not be considered a 
Federal action for purposes of review under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
‘‘(d) BICYCLE SAFETY.—The Secretary of the appro-
priate Federal land management agency shall prohibit the 
use of bicycles on each federally owned road that has a 
speed limit of 30 miles per hour or greater and an adja-
cent paved path for use by bicycles within 100 yards of 
the road unless the Secretary determines that the bicycle 
level of service on that roadway is rated B or higher. 
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‘‘§ 204. Federal lands access program 
‘‘(a) USE OF FUNDS.— 
‘‘(1) IN
GENERAL.—Funds made available 
under the Federal lands access program shall be 
used by the Secretary of Transportation and the 
Secretary of the appropriate Federal land manage-
ment agency to pay the cost of— 
‘‘(A) transportation planning, research, en-
gineering, preventive maintenance, rehabilita-
tion, restoration, construction, and reconstruc-
tion of Federal lands access transportation fa-
cilities located on or adjacent to, or that provide 
access to, Federal land, and— 
‘‘(i) adjacent vehicular parking areas; 
‘‘(ii) acquisition of necessary scenic 
easements and scenic or historic sites; 
‘‘(iii) provisions for pedestrians and 
bicycles; 
‘‘(iv) environmental mitigation in or 
adjacent to Federal land— 
‘‘(I) to improve public safety and 
reduce vehicle-caused wildlife mor-
tality 
while 
maintaining 
habitat 
connectivity; and 
‘‘(II) to mitigate the damage to 
wildlife, aquatic organism passage, 
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habitat, and ecosystem connectivity, 
including the costs of constructing, 
maintaining, replacing, or removing 
culverts and bridges, as appropriate; 
‘‘(v) construction and reconstruction 
of roadside rest areas, including sanitary 
and water facilities; and 
‘‘(vi) other appropriate public road fa-
cilities, as determined by the Secretary; 
‘‘(B) operation and maintenance of transit 
facilities; and 
‘‘(C) any transportation project eligible for 
assistance under this title that is within or ad-
jacent to, or that provides access to, Federal 
land. 
‘‘(2) CONTRACT.—In connection with an activ-
ity described in paragraph (1), the Secretary and the 
Secretary of the appropriate Federal land manage-
ment agency may enter into a contract or other ap-
propriate agreement with respect to the activity 
with— 
‘‘(A) a State (including a political subdivi-
sion of a State); or 
‘‘(B) an Indian tribe. 
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‘‘(3) ADMINISTRATION.—All appropriations for 
the construction and improvement of Federal lands 
access transportation facilities shall be administered 
in conformity with regulations and agreements ap-
proved by the Secretary. 
‘‘(4) COOPERATION.— 
‘‘(A) IN
GENERAL.—The cooperation of 
States, counties, or other local subdivisions may 
be accepted in construction and improvement. 
‘‘(B) FUNDS
RECEIVED.—Any funds re-
ceived from a State, county, or local subdivision 
for a Federal lands access transportation facil-
ity project shall be credited to appropriations 
available under the Federal lands access pro-
gram. 
‘‘(5) COMPETITIVE BIDDING.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), construction of each project shall be 
performed by contract awarded by competitive 
bidding. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall not apply if the Secretary or the Secretary 
of the appropriate Federal land management 
agency affirmatively finds that, under the cir-
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cumstances relating to the project, a different 
method is in the public interest. 
‘‘(b) PROGRAM DISTRIBUTIONS.— 
‘‘(1) IN GENERAL.—Funding made available to 
carry out the Federal lands access program shall be 
allocated among those States that have Federal 
land, in accordance with the following formula: 
‘‘(A) 80 percent of the available funding 
for use in those States that contain at least 1 
1⁄2 percent of the total public land in the United 
States managed by the agencies described in 
paragraph (2), to be distributed as follows: 
‘‘(i) 30 percent in the ratio that— 
‘‘(I) recreational visitation within 
each such State; bears to 
‘‘(II) the recreational visitation 
within all such States. 
‘‘(ii) 5 percent in the ratio that— 
‘‘(I) the Federal land area within 
each such State; bears to 
‘‘(II) the Federal land area in all 
such States. 
‘‘(iii) 55 percent in the ratio that— 
‘‘(I) the Federal public road 
miles within each such State; bears to 
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‘‘(II) the Federal public road 
miles in all such States. 
‘‘(iv) 10 percent in the ratio that— 
‘‘(I) the number of Federal pub-
lic bridges within each such State; 
bears to 
‘‘(II) the number of Federal pub-
lic bridges in all such States. 
‘‘(B) 20 percent of the available funding 
for use in those States that do not contain at 
least 11⁄2 percent of the total public land in the 
United States managed by the agencies de-
scribed in paragraph (2), to be distributed as 
follows: 
‘‘(i) 30 percent in the ratio that— 
‘‘(I) recreational visitation within 
each such State; bears to 
‘‘(II) the recreational visitation 
within all such States. 
‘‘(ii) 5 percent in the ratio that— 
‘‘(I) the Federal land area within 
each such State; bears to 
‘‘(II) the Federal land area in all 
such States. 
‘‘(iii) 55 percent in the ratio that— 
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‘‘(I) the Federal public road 
miles within each such State; bears to 
‘‘(II) the Federal public road 
miles in all such States. 
‘‘(iv) 10 percent in the ratio that— 
‘‘(I) the number of Federal pub-
lic bridges within each such State; 
bears to 
‘‘(II) the number of Federal pub-
lic bridges in all such States. 
‘‘(2) DATA
SOURCE.—Data necessary to dis-
tribute funding under paragraph (1) shall be pro-
vided by the following Federal land management 
agencies: 
‘‘(A) The National Park Service. 
‘‘(B) The Forest Service. 
‘‘(C) The United States Fish and Wildlife 
Service. 
‘‘(D) The Bureau of Land Management. 
‘‘(E) The Corps of Engineers. 
‘‘(c) PROGRAMMING DECISIONS COMMITTEE.— 
‘‘(1) IN
GENERAL.—Programming decisions 
shall be made within each State by a committee 
comprised of— 
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‘‘(A) a representative of the Federal High-
way Administration; 
‘‘(B) a representative of the State Depart-
ment of Transportation; and 
‘‘(C) a representative of any appropriate 
political subdivision of the State. 
‘‘(2) CONSULTATION REQUIREMENT.—The com-
mittee described in paragraph (1) shall consult with 
each applicable Federal agency in each State before 
any joint discussion or final programming decision. 
‘‘(3) PROJECT
PREFERENCE.—In making a 
programming decision under paragraph (1), the 
committee shall give preference to projects that pro-
vide access to, are adjacent to, or are located within 
high-use Federal recreation sites or Federal eco-
nomic generators, as identified by the Secretaries of 
the appropriate Federal land management agen-
cies.’’. 
(b) PUBLIC LANDS DEVELOPMENT ROADS
AND 
TRAILS.—Section 214 of title 23, United States Code, is 
repealed. 
(c) CONFORMING AMENDMENTS.— 
(1) CHAPTER
ANALYSIS.—The analysis for 
chapter 2 of title 23, United States Code, is amend-
ed: 
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(A) By striking the items relating to sec-
tions 201 through 204 and inserting the fol-
lowing: 
‘‘201. Federal lands and tribal transportation programs. 
‘‘202. Tribal transportation program. 
‘‘203. Federal lands transportation program. 
‘‘204. Federal lands access program.’’. 
(B) By striking the item relating to section 
214. 
(2) DEFINITION.—Section 138(a) of title 23, 
United States Code, is amended in the third sen-
tence by striking ‘‘park road or parkway under sec-
tion 204 of this title’’ and inserting ‘‘Federal lands 
transportation facility’’. 
(3) RULES, REGULATIONS, AND RECOMMENDA-
TIONS.—Section 315 of title 23, United States Code, 
is amended by striking ‘‘204(f)’’ and inserting 
‘‘202(a)(5), 203(a)(3),’’. 
SEC. 1117. ALASKA HIGHWAY. 
Section 218 of title 23, United States Code, is 
amended to read as follows: 
‘‘§ 218. Alaska Highway 
‘‘(a) DEFINITION
OF ALASKA MARINE HIGHWAY 
SYSTEM.—In this section, the term ‘Alaska Marine High-
way System’ includes each existing or planned transpor-
tation facility and equipment in the State of Alaska relat-
ing to the ferry system of the State, including the lease, 
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purchase, or construction of vessels, terminals, docks, 
floats, ramps, staging areas, parking lots, bridges, and ap-
proaches thereto, and necessary roads. 
‘‘(b) AUTHORIZATION OF SECRETARY.— 
‘‘(1) IN
GENERAL.—Recognizing the benefits 
that will accrue to the State of Alaska and to the 
United States from the reconstruction of the Alaska 
Highway from the Alaskan border to Haines Junc-
tion in Canada and the Haines Cutoff Highway from 
Haines Junction in Canada to Haines, the Secretary 
is authorized, upon agreement with the State of 
Alaska, to expend on such highway or the Alaska 
Marine Highway System any Federal-aid highway 
funds apportioned to the State of Alaska under this 
title to provide for necessary reconstruction of such 
highway. 
‘‘(2) LIMITATION.—No expenditures shall be 
made for the construction of the portion of the high-
ways that are in located in Canada until the date on 
which an agreement has been reached by the Gov-
ernment of Canada and the Government of the 
United States, which shall provide in part, that the 
Canadian Government— 
‘‘(A) will provide, without participation of 
funds authorized under this title, all necessary 
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right-of-way for the construction of the high-
ways; 
‘‘(B) will not impose any highway toll, or 
permit any toll to be charged for the use of the 
highways by vehicles or persons; 
‘‘(C) will not levy or assess, directly or in-
directly, any fee, tax, or other charge for the 
use of the highways by vehicles or persons from 
the United States that does not apply equally to 
vehicles or persons of Canada; 
‘‘(D) will continue to grant reciprocal rec-
ognition of vehicle registration and drivers’ li-
censes in accordance with agreements between 
the United States and Canada; and 
‘‘(E) will maintain the highways after the 
date of completion of the highways in proper 
condition adequately to serve the needs of 
present and future traffic. 
‘‘(c) SUPERVISION OF SECRETARY.—The survey and 
construction work undertaken in Canada pursuant to this 
section shall be under the general supervision of the Sec-
retary.’’. 
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SEC. 1118. PROJECTS OF NATIONAL AND REGIONAL SIG-
NIFICANCE. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
shall establish a program in accordance with this section 
to provide grants for projects of national and regional sig-
nificance. 
(b) PURPOSE OF PROGRAM.—The purpose of the 
projects of national and regional significance program 
shall be to fund critical high-cost surface transportation 
infrastructure projects that are difficult to complete with 
existing Federal, State, local, and private funds and that 
will— 
(1) generate national and regional economic 
benefits and increase global economic competitive-
ness; 
(2) reduce congestion and its impacts; 
(3) improve roadways vital to national energy 
security; 
(4) improve movement of freight and people; 
and 
(5) improve transportation safety. 
(c) DEFINITIONS.—In this section: 
(1) ELIGIBLE APPLICANT.—The term ‘‘eligible 
applicant’’ means a State department of transpor-
tation or a group of State departments of transpor-
tation, a local government, a tribal government or 
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consortium of tribal governments, a transit agency, 
a port authority, a metropolitan planning organiza-
tion, other political subdivisions of State or local 
governments, or a multi-State or multi-jurisdictional 
group of the aforementioned entities. 
(2) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means a surface transportation project or a 
program 
of 
integrated 
surface 
transportation 
projects closely related in the function they perform 
that— 
(A) is a capital project or projects— 
(i) eligible for Federal financial assist-
ance under title 23, United States Code, or 
under chapter 53 of title 49, United States 
Code; or 
(ii) for surface transportation infra-
structure to facilitate intermodal inter-
change, transfer, and access into and out 
of intermodal facilities, including ports; 
and 
(B) has eligible project costs that are rea-
sonably anticipated to equal or exceed the lesser 
of— 
(i) $500,000,000; 
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(ii) for a project located in a single 
State, 30 percent of the amount of Fed-
eral-aid highway funds apportioned for the 
most recently completed fiscal year to the 
State; or 
(iii) for a project located in more than 
1 State, 75 percent of the amount of Fed-
eral-aid highway funds apportioned for the 
most recently completed fiscal year to the 
State in which the project is located that 
has the largest apportionment. 
(3) ELIGIBLE PROJECT COSTS.—The term ‘‘eli-
gible project costs’’ means the costs of— 
(A) development phase activities, including 
planning, feasibility analysis, revenue fore-
casting, environmental review, preliminary engi-
neering 
and 
design 
work, 
and 
other 
preconstruction activities; 
(B) construction, reconstruction, rehabili-
tation, and acquisition of real property (includ-
ing land related to the project and improve-
ments to land), environmental mitigation, con-
struction contingencies, acquisition of equip-
ment directly related to improving system per-
formance, and operational improvements; and 
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(C) all financing costs, including subsidy 
costs under the Transportation Infrastructure 
Finance and Innovation Act program. 
(d) SOLICITATIONS AND APPLICATIONS.— 
(1) GRANT
SOLICITATIONS.—The Secretary 
shall establish criteria for project evaluation and 
conduct a transparent and competitive national solic-
itation process to select projects for funding to carry 
out the purposes of this section. 
(2) APPLICATIONS.— 
(A) IN
GENERAL.—An eligible applicant 
seeking a grant under this section for an eligi-
ble project shall submit an application to the 
Secretary in such form and in accordance with 
such requirements as the Secretary shall estab-
lish. 
(B) CONTENTS.—An application under 
this subsection shall, at a minimum, include 
data on current system performance and esti-
mated system improvements that will result 
from completion of the eligible project, includ-
ing projections for 2, 7, and 15 years after 
completion. 
(C) RESUBMISSION OF APPLICATIONS.—An 
eligible applicant whose project is not selected 
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by the Secretary may resubmit an application 
in any subsequent solicitation. 
(e) CRITERIA FOR PROJECT EVALUATION AND SE-
LECTION.— 
(1) IN GENERAL.—The Secretary may select a 
project only if the Secretary determines that the 
project— 
(A) will significantly improve the perform-
ance of the national surface transportation net-
work, nationally or regionally; 
(B) is based on the results of preliminary 
engineering; 
(C) cannot be readily and efficiently com-
pleted without Federal support from this pro-
gram; 
(D) is justified based on the ability of the 
project— 
(i) to generate national economic ben-
efits that reasonably exceed its costs, in-
cluding increased access to jobs, labor, and 
other critical economic inputs; 
(ii) to reduce long-term congestion, in-
cluding impacts in the State, region, and 
Nation, and increase speed, reliability, and 
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accessibility of the movement of people or 
freight; and 
(iii) to improve transportation safety, 
including reducing transportation acci-
dents, and serious injuries and fatalities; 
and 
(E) is supported by an acceptable degree 
of non-Federal financial commitments, includ-
ing evidence of stable and dependable financing 
sources to construct, maintain, and operate the 
infrastructure facility. 
(2) ADDITIONAL CONSIDERATIONS.—In evalu-
ating a project under this section, in addition to the 
criteria in paragraph (1), the Secretary shall con-
sider the extent to which the project— 
(A) leverages Federal investment by en-
couraging non-Federal contributions to the 
project, including contributions from public-pri-
vate partnerships; 
(B) is able to begin construction within 18 
months of being selected; 
(C) incorporates innovative project delivery 
and financing where practical; 
(D) 
stimulates 
collaboration 
between 
States and among State and local governments; 
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(E) helps maintain or protect the environ-
ment; 
(F) improves roadways vital to national en-
ergy security; 
(G) uses innovative technologies, including 
intelligent transportation systems, that enhance 
the efficiency of the project; and 
(H) contributes to an equitable geographic 
distribution of funds under this section and an 
appropriate balance in addressing the needs of 
urban and rural communities. 
(f) GRANT REQUIREMENTS.— 
(1) IN GENERAL.—A grant for a project under 
this section shall be subject to the following require-
ments: 
(A) A qualifying highway project eligible 
for funding under title 23, United States Code, 
or public transportation project eligible under 
chapter 53 of title 49, United States Code, shall 
comply with all applicable requirements of such 
title or chapter except that, if the project con-
tains elements or activities that are not eligible 
for funding under such title or chapter but are 
eligible for funding under this section, the ele-
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ments or activities shall comply with the re-
quirements described in subparagraph (B). 
(B) A qualifying surface transportation 
project not eligible under title 23, United States 
Code, or chapter 53 of title 49, United States 
Code, shall comply with the requirements of 
subchapter IV of chapter 31 of title 40, United 
States Code, section 10a–d of title 41, United 
States Code, and such other terms, conditions, 
and requirements as the Secretary determines 
are necessary and appropriate for the type of 
project. 
(2) DETERMINATION
OF
APPLICABLE
MODAL 
REQUIREMENTS.—In the event that a project has 
cross-modal components, the Secretary shall have 
the discretion to designate the requirements that 
shall apply to the project based on predominant 
components. 
(3) OTHER TERMS AND CONDITIONS.—The Sec-
retary shall require that all grants under this section 
be subject to all terms, conditions, and requirements 
that the Secretary decides are necessary or appro-
priate for purposes of this section, including require-
ments for the disposition of net increases in value of 
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real property resulting from the project assisted 
under this section. 
(g) FEDERAL SHARE OF PROJECT COST.— 
(1) IN GENERAL.—If a project funded under 
this section is to construct or improve a privately 
owned facility or would primarily benefit a private 
entity, the Federal share shall be the lesser of 50 
percent of the total project cost or the quantified 
public benefit of the project. For all other projects 
funded under this section— 
(A) the Federal share of funds under this 
section shall be up to 50 percent of the project 
cost; and 
(B) the project sponsor may use other eli-
gible Federal transportation funds to cover up 
to an additional 30 percent of the project costs. 
(2) PRE-APPROVAL COSTS.—The Secretary may 
allow costs incurred prior to project approval to be 
used as a credit toward the non-Federal share of the 
cost of the project. Such costs must be adequately 
documented, necessary, reasonable, and allocable to 
the current phase of the project and such costs may 
not be included as a cost or used to meet cost-shar-
ing or matching requirements of any other federally- 
financed project. 
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(h) REPORT TO THE SECRETARY.—For each project 
funded under this section, the project sponsor shall reas-
sess system performance and report to the Secretary 2, 
7, and 15 years after completion of the project to assess 
if the project outcomes have met pre-construction projec-
tions. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section, 
to remain available until expended, $1,000,000,000 for fis-
cal year 2013. 
(j) TREATMENT
OF PROJECTS.—Notwithstanding 
any other provision of law, projects funded under this sec-
tion shall be treated as projects on a Federal-aid highway 
under chapter 1 of title 23, United States Code. 
(k) REPORTS.— 
(1) SECRETARY.— 
(A) IN GENERAL.—Not later than 30 days 
after the date on which the Secretary selects a 
project for funding under this section, the Sec-
retary shall submit to the Committee on Envi-
ronment and Public Works of the Senate and 
the Committee on Transportation and Infra-
structure of the House of Representatives a re-
port that describes the reasons for selecting the 
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project, based on the criteria described in sub-
section (e). 
(B) INCLUSIONS.—The report submitted 
under subparagraph (A) shall specify each cri-
teria described in subsection (e) that the project 
meets. 
(C) AVAILABILITY.—The Secretary shall 
make available on the website of the Depart-
ment the report submitted under subparagraph 
(A). 
(2) COMPTROLLER GENERAL.— 
(A) ASSESSMENT.—The Comptroller Gen-
eral of the United States shall conduct an as-
sessment of the establishment, solicitation, se-
lection, and justification process with respect to 
the funding of projects under this section. 
(B) REPORT.—Not later than 3 years after 
the date of enactment of this Act, the Comp-
troller General of the United States shall sub-
mit to the Committee on Environment and 
Public Works of the Senate and the Committee 
on Transportation and Infrastructure of the 
House of Representatives a report that de-
scribes— 
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(i) the process by which each project 
was selected; 
(ii) the factors that went into the se-
lection of each project; and 
(iii) the justification for the selection 
of each project based on the criteria de-
scribed in subsection (e). 
(3) INSPECTOR GENERAL.— 
(A) ASSESSMENT.—The Inspector General 
of the Department shall conduct an assessment 
of the establishment, solicitation, selection, and 
justification process with respect to the funding 
of projects under this section. 
(B) INITIAL REPORT.—Not later than 2 
years after the date of enactment of this Act, 
the Inspector General of the Department shall 
submit to the Committee on Environment and 
Public Works of the Senate and the Committee 
on Transportation and Infrastructure of the 
House of Representatives a report that de-
scribes the initial results of the assessment con-
ducted under subparagraph (A). 
(C) FINAL
REPORT.—Not later than 4 
years after the date of enactment of this Act, 
the Inspector General of the Department shall 
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submit to the Committee on Environment and 
Public Works of the Senate and the Committee 
on Transportation and Infrastructure of the 
House of Representatives a final report that de-
scribes the findings of the Inspector General of 
the Department with respect to the assessment 
conducted under subparagraph (A). 
(l) REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall promulgate final regulations implementing the 
program authorized under this section. 
(2) INTERIM PROVISIONS.—Until the date on 
which the Secretary promulgates final regulations 
under paragraph (1), any amounts made available 
under subsection (i) to carry out this section shall 
be distributed in accordance with— 
(A) the guidance and policies developed for 
the distribution of grants under the program 
using the notice of funding availability entitled 
‘‘Notice of Funding Availability for the Depart-
ment of Transportation’s National Infrastruc-
ture Investments Under the Full-Year Con-
tinuing Appropriations, 2012; and Request for 
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274 
Comments’’ (77 Fed. Reg. 4863 (January 31, 
2012)); or 
(B) such guidance and policies as subse-
quently revised and updated. 
SEC. 1119. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
(a) CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES.—Section 147 of title 23, United 
States Code, is amended— 
(1) by striking subsections (c), (d), and (e); 
(2) by redesignating subsection (f) as sub-
section (g); and 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) DISTRIBUTION
OF FUNDS.—Of the amounts 
made available to ferry systems and public entities respon-
sible for developing ferries under this section for a fiscal 
year, 100 percent shall be allocated in accordance with the 
formula set forth in subsection (d). 
‘‘(d) FORMULA.—Of the amounts allocated pursuant 
to subsection (c)— 
‘‘(1) 20 percent shall be allocated among eligi-
ble entities in the proportion that— 
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‘‘(A) the number of ferry passengers car-
ried by each ferry system in the most recent fis-
cal year; bears to 
‘‘(B) the number of ferry passengers car-
ried by all ferry systems in the most recent fis-
cal year; 
‘‘(2) 50 percent shall be allocated among eligi-
ble entities in the proportion that— 
‘‘(A) the number of vehicles carried by 
each ferry system in the most recent fiscal year; 
bears to 
‘‘(B) the number of vehicles carried by all 
ferry systems in the most recent fiscal year; 
and 
‘‘(3) 30 percent shall be allocated among eligi-
ble entities in the proportion that— 
‘‘(A) the total route miles serviced by each 
ferry system; bears to 
‘‘(B) the total route miles serviced by all 
ferry systems. 
‘‘(e) FERRY BOAT COORDINATION TEAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish within the Federal Highway Administration 
a Ferry Boat Coordination Team to carry out para-
graph (2). 
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‘‘(2) PURPOSES.—The purposes of the ferry 
boat coordination team shall be— 
‘‘(A) to coordinate Federal programs af-
fecting ferry and ferry facility construction, 
maintenance, operations, and security; and 
‘‘(B) to promote transportation by ferry as 
a component of the United States transpor-
tation system. 
‘‘(3) FUNCTIONS.—The ferry boat coordination 
team shall— 
‘‘(A) coordinate programs relating to ferry 
transportation carried out by— 
‘‘(i) the Department of Transpor-
tation, including programs carried out by 
the Federal Highway Administration, the 
Federal Transit Administration, the Mari-
time Administration, and the Research and 
Innovative Technology Administration; 
‘‘(ii) the Department of Homeland Se-
curity; and 
‘‘(iii) other Federal and State agen-
cies, as appropriate; 
‘‘(B) ensure resource accountability for 
programs carried out by the Secretary relating 
to ferry transportation; 
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‘‘(C) provide strategic leadership for re-
search, development, testing, and deployment of 
technologies relating to ferry transportation; 
and 
‘‘(D) promote ferry transportation as a 
means to reduce costs associated with traffic 
congestion. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$67,000,000 for each of fiscal years 2012 and 2013.’’. 
(b) NATIONAL FERRY DATABASE.—Section 1801(e) 
of the SAFETEA–LU (23 U.S.C. 129 note; Public Law 
109–59) is amended— 
(1) in paragraph (2), by inserting ‘‘, including 
any Federal, State, and local government funding 
sources,’’ after ‘‘sources’’; and 
(2) in paragraph (4)— 
(A) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(B) by redesignating subparagraph (C) as 
subparagraph (D); 
(C) by inserting after subparagraph (B), 
the following: 
‘‘(C) ensure that the database is consistent 
with the national transit database maintained 
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by the Federal Transit Administration; and’’; 
and 
(D) in subparagraph (D) (as redesignated 
by subparagraph (B)), by striking ‘‘2009’’ and 
inserting ‘‘2013’’. 
Subtitle B—Performance 
Management 
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 
Section 134 of title 23, United States Code, is 
amended to read as follows: 
‘‘§ 134. Metropolitan transportation planning 
‘‘(a) POLICY.—It is in the national interest— 
‘‘(1) to encourage and promote the safe, cost- 
effective, and efficient management, operation, and 
development of surface transportation systems that 
will serve efficiently the mobility needs of individuals 
and freight, reduce transportation-related fatalities 
and serious injuries, and foster economic growth and 
development within and between States and urban-
ized areas, while fitting the needs and complexity of 
individual communities, maximizing value for tax-
payers, leveraging cooperative investments, and 
minimizing transportation-related fuel consumption 
and air pollution through the metropolitan and 
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statewide transportation planning processes identi-
fied in this title; 
‘‘(2) to encourage the continued improvement, 
evolution, and coordination of the metropolitan and 
statewide transportation planning processes by and 
among metropolitan planning organizations, State 
departments of transportation, regional planning or-
ganizations, interstate partnerships, and public 
transportation and intercity service operators as 
guided by the planning factors identified in sub-
section (h) of this section and section 135(d); 
‘‘(3) to encourage and promote transportation 
needs and decisions that are integrated with other 
planning needs and priorities; and 
‘‘(4) to maximize the effectiveness of transpor-
tation investments. 
‘‘(b) DEFINITIONS.—In this section and section 135, 
the following definitions shall apply: 
‘‘(1) EXISTING MPO.—The term ‘existing MPO’ 
means a metropolitan planning organization that 
was designated as a metropolitan planning organiza-
tion on the day before the date of enactment of the 
MAP–21. 
‘‘(2) LOCAL OFFICIAL.—The term ‘local official’ 
means any elected or appointed official of general 
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purpose local government with responsibility for 
transportation in a designated area. 
‘‘(3) MAINTENANCE AREA.—The term ‘mainte-
nance area’ means an area that was designated as 
an air quality nonattainment area, but was later re-
designated by the Administrator of the Environ-
mental Protection Agency as an air quality attain-
ment area, under section 107(d) of the Clean Air 
Act (42 U.S.C. 7407(d)). 
‘‘(4) METROPOLITAN
PLANNING
AREA.—The 
term ‘metropolitan planning area’ means a geo-
graphical area determined by agreement between the 
metropolitan planning organization for the area and 
the applicable Governor under subsection (c). 
‘‘(5) METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘metropolitan planning organiza-
tion’ means the policy board of an organization es-
tablished pursuant to subsection (c). 
‘‘(6) 
METROPOLITAN
TRANSPORTATION 
PLAN.—The term ‘metropolitan transportation plan’ 
means a plan developed by a metropolitan planning 
organization under subsection (i). 
‘‘(7) NONATTAINMENT AREA.—The term ‘non-
attainment area’ has the meaning given the term in 
section 171 of the Clean Air Act (42 U.S.C. 7501). 
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‘‘(8) NONMETROPOLITAN AREA.— 
‘‘(A) IN GENERAL.—The term ‘nonmetro-
politan area’ means a geographical area outside 
the boundaries of a designated metropolitan 
planning area. 
‘‘(B) INCLUSIONS.—The term ‘nonmetro-
politan area’ includes— 
‘‘(i) a small urbanized area with a 
population of more than 50,000, but fewer 
than 200,000, individuals, as calculated ac-
cording to the most recent decennial cen-
sus; and 
‘‘(ii) a nonurbanized area. 
‘‘(9) NONMETROPOLITAN PLANNING ORGANIZA-
TION.—The term ‘nonmetropolitan planning organi-
zation’ means an organization that— 
‘‘(A) was designated as a metropolitan 
planning organization as of the day before the 
date of enactment of the MAP–21; and 
‘‘(B) is not designated as a tier I MPO or 
tier II MPO. 
‘‘(10) REGIONALLY
SIGNIFICANT.—The term 
‘regionally significant’, with respect to a transpor-
tation project, program, service, or strategy, means 
a project, program, service, or strategy that— 
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‘‘(A) serves regional transportation needs 
(such as access to and from the area outside of 
the region, major activity centers in the region, 
and major planned developments); and 
‘‘(B) would normally be included in the 
modeling of a transportation network of a met-
ropolitan area. 
‘‘(11) RURAL PLANNING ORGANIZATION.—The 
term ‘rural planning organization’ means an organi-
zation that— 
‘‘(A) is responsible for the planning, co-
ordination, and implementation of statewide 
transportation plans and programs outside of a 
metropolitan area, with an emphasis on ad-
dressing the needs of rural areas of the State; 
and 
‘‘(B) is not designated as a tier I or tier 
II metropolitan planning organization or a non-
metropolitan planning organization. 
‘‘(12) STATEWIDE TRANSPORTATION IMPROVE-
MENT
PROGRAM.—The term ‘statewide transpor-
tation improvement program’ means a statewide 
transportation improvement program developed by a 
State under section 135(g). 
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‘‘(13) STATEWIDE
TRANSPORTATION
PLAN.— 
The term ‘statewide transportation plan’ means a 
plan developed by a State under section 135(f). 
‘‘(14) TIER I MPO.—The term ‘tier I MPO’ 
means a metropolitan planning organization des-
ignated as a tier I MPO under subsection (e)(4)(A). 
‘‘(15) TIER II MPO.—The term ‘tier II MPO’ 
means a metropolitan planning organization des-
ignated as a tier I MPO under subsection (e)(4)(B). 
‘‘(16) TRANSPORTATION
IMPROVEMENT
PRO-
GRAM.—The term ‘transportation improvement pro-
gram’ means a program developed by a metropolitan 
planning organization under subsection (j). 
‘‘(17) URBANIZED AREA.—The term ‘urbanized 
area’ means a geographical area with a population 
of 50,000 or more individuals, as calculated accord-
ing to the most recent decennial census. 
‘‘(c) DESIGNATION
OF METROPOLITAN PLANNING 
ORGANIZATIONS.— 
‘‘(1) IN GENERAL.—To carry out the metropoli-
tan transportation planning process under this sec-
tion, a metropolitan planning organization shall be 
designated for each urbanized area with a population 
of 200,000 or more individuals, as calculated accord-
ing to the most recent decennial census— 
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‘‘(A) by agreement between the applicable 
Governor and local officials that, in the aggre-
gate, represent at least 75 percent of the af-
fected population (including the largest incor-
porated city (based on population), as cal-
culated according to the most recent decennial 
census); or 
‘‘(B) in accordance with procedures estab-
lished by applicable State or local law. 
‘‘(2) SMALL URBANIZED AREAS.—To carry out 
the metropolitan transportation planning process 
under this section, a metropolitan planning organiza-
tion may be designated for any urbanized area with 
a population of 50,000 or more individuals, but 
fewer than 200,000 individuals, as calculated accord-
ing to the most recent decennial census— 
‘‘(A) by agreement between the applicable 
Governor and local officials that, in the aggre-
gate, represent at least 75 percent of the af-
fected population (including the largest incor-
porated city (based on population), as cal-
culated according to the most recent decennial 
census); and 
‘‘(B) with the consent of the Secretary, 
based on a finding that the resulting metropoli-
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tan planning organization has met the min-
imum requirements under subsection (e)(4)(B). 
‘‘(3) STRUCTURE.—Not later than 1 year after 
the date of enactment of the MAP–21, a metropoli-
tan planning organization shall consist of— 
‘‘(A) elected local officials in the relevant 
metropolitan area; 
‘‘(B) officials of public agencies that ad-
minister or operate major modes of transpor-
tation in the relevant metropolitan area, includ-
ing providers of public transportation; and 
‘‘(C) appropriate State officials. 
‘‘(4) EFFECT OF SUBSECTION.—Nothing in this 
subsection interferes with any authority under any 
State law in effect on December 18, 1991, of a pub-
lic agency with multimodal transportation respon-
sibilities— 
‘‘(A) to develop the metropolitan transpor-
tation plans and transportation improvement 
programs for adoption by a metropolitan plan-
ning organization; or 
‘‘(B) to develop capital plans, coordinate 
public transportation services and projects, or 
carry out other activities pursuant to State law. 
‘‘(5) CONTINUING DESIGNATION.— 
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‘‘(A) POPULATION OF 200,000 OR MORE.— 
A designation of an existing MPO for an urban-
ized area with a population of 200,000 or more 
individuals, as calculated according to the most 
recent decennial census, shall remain in ef-
fect— 
‘‘(i) for the period during which the 
structure of the existing MPO complies 
with the requirements of paragraph (1); or 
‘‘(ii) until the date on which the exist-
ing MPO is redesignated under paragraph 
(6); and 
‘‘(B) 
POPULATION
OF
FEWER
THAN 
200,000.— 
‘‘(i) IN GENERAL.—A designation of 
an existing MPO for an urbanized area 
with a population of fewer than 200,000 
individuals, as calculated according to the 
most recent decennial census, shall remain 
in effect until the date on which the exist-
ing MPO is redesignated under paragraph 
(6) unless— 
‘‘(I) the existing MPO requests 
that its planning responsibilities be 
transferred to the State or to another 
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planning organization designated by 
the State; or 
‘‘(II) the Secretary determines 3 
years after the date on which the Sec-
retary issues a rule pursuant to sub-
section (e)(4)(B)(i), that the existing 
MPO is not meeting the minimum re-
quirements established by the rule. 
‘‘(ii) JUSTIFICATION.—The Secretary 
shall, in a timely manner, provide a sub-
stantive written justification to each metro-
politan planning organization that is the 
subject of a negative determination of the 
Secretary under clause (i)(II). 
‘‘(C) EXTENSION.—If a metropolitan plan-
ning organization for an urbanized area with a 
population of less than 200,000 that would oth-
erwise be terminated under subparagraph (B), 
requests a probationary continuation before the 
termination of the metropolitan planning orga-
nization, the Secretary shall— 
‘‘(i) delay the termination of the met-
ropolitan planning organization under sub-
paragraph (B) for a period of 1 year; 
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‘‘(ii) provide additional technical as-
sistance to all metropolitan planning orga-
nizations provided an extension under this 
paragraph to assist the metropolitan plan-
ning organization in meeting the minimum 
requirements under subsection (e)(4)(B)(i); 
and 
‘‘(iii) make a determination not later 
than 1 year after the date on which the 
Secretary issues an extension, regardless of 
whether the metropolitan planning organi-
zation has met the minimum requirements 
established under subsection (e)(4)(B)(ii). 
‘‘(D) DESIGNATION AS TIER II MPO.—If 
the Secretary determines that the existing MPO 
has met the minimum requirements under the 
rule issued under subsection (e)(4)(B)(i), the 
Secretary shall designate the existing MPO as 
a tier II MPO. 
‘‘(6) REDESIGNATION.— 
‘‘(A) IN GENERAL.—The designation of a 
metropolitan planning organization under this 
subsection shall remain in effect until the date 
on which the metropolitan planning organiza-
tion is redesignated, as appropriate, in accord-
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ance with the requirements of this subsection 
pursuant to an agreement between— 
‘‘(i) the applicable Governor; and 
‘‘(ii) affected local officials who, in the 
aggregate, represent at least 75 percent of 
the existing metropolitan planning area 
population (including the largest incor-
porated city (based on population), as cal-
culated according to the most recent de-
cennial census). 
‘‘(B) RESTRUCTURING.—A metropolitan 
planning organization may be restructured to 
meet the requirements of paragraph (3) without 
undertaking a redesignation. 
‘‘(7) ABSENCE OF DESIGNATION.— 
‘‘(A) IN GENERAL.—A metropolitan plan-
ning organization that is the subject of a nega-
tive determination of the Secretary under para-
graph (5)(B)(ii) shall submit to the State in 
which the metropolitan planning organization is 
located, or to a planning organization des-
ignated by the State, by not later than 180 
days after the date on which a notice of the 
negative determination is received, a 6-month 
plan that includes a description of a method— 
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‘‘(i) to transfer the responsibilities of 
the metropolitan planning organization to 
the State; and 
‘‘(ii) to dissolve the metropolitan plan-
ning organization. 
‘‘(B) ACTION ON DISSOLUTION.—On sub-
mission of a plan under subparagraph (A), the 
metropolitan planning area served by the appli-
cable 
metropolitan 
planning 
organization 
shall— 
‘‘(i) continue to receive metropolitan 
transportation planning funds until the 
earlier of— 
‘‘(I) the date of dissolution of the 
metropolitan planning organization; 
and 
‘‘(II) the date that is 4 years 
after the date of enactment of the 
MAP–21; and 
‘‘(ii) be treated by the State as a non-
metropolitan area for purposes of this title. 
‘‘(8) DESIGNATION OF MULTIPLE MPOS.— 
‘‘(A) IN GENERAL.—More than 1 metro-
politan planning organization may be des-
ignated within an existing metropolitan plan-
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291 
ning area only if the applicable Governor and 
an existing MPO determine that the size and 
complexity of the existing metropolitan planning 
area make the designation of more than 1 met-
ropolitan planning organization for the metro-
politan planning area appropriate. 
‘‘(B) SERVICE
JURISDICTIONS.—If more 
than 1 metropolitan planning organization is 
designated for an existing metropolitan plan-
ning area under subparagraph (A), the existing 
metropolitan planning area shall be split into 
multiple metropolitan planning areas, each of 
which shall be served by the existing MPO or 
a new metropolitan planning organization. 
‘‘(C) TIER
DESIGNATION.—The tier des-
ignation of each metropolitan planning organi-
zation subject to a designation under this para-
graph shall be determined based on the size of 
each respective metropolitan planning area, in 
accordance with subsection (e)(4). 
‘‘(d) METROPOLITAN
PLANNING
AREA
BOUND-
ARIES.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the boundaries of a metropolitan planning area 
shall be determined by agreement between the appli-
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cable metropolitan planning organization and the 
Governor of the State in which the metropolitan 
planning area is located. 
‘‘(2) INCLUDED
AREA.—Each metropolitan 
planning area— 
‘‘(A) shall encompass at least the relevant 
existing urbanized area and any contiguous 
area expected to become urbanized within a 20- 
year forecast period under the applicable metro-
politan transportation plan; and 
‘‘(B) may encompass the entire relevant 
metropolitan statistical area, as defined by the 
Office of Management and Budget. 
‘‘(3) IDENTIFICATION
OF
NEW
URBANIZED 
AREAS.—The designation by the Bureau of the Cen-
sus of a new urbanized area within the boundaries 
of an existing metropolitan planning area shall not 
require the redesignation of the relevant existing 
MPO. 
‘‘(4) 
NONATTAINMENT
AND
MAINTENANCE 
AREAS.— 
‘‘(A) EXISTING METROPOLITAN PLANNING 
AREAS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), notwithstanding para-
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graph (2), in the case of an urbanized area 
designated as a nonattainment area or 
maintenance area as of the date of enact-
ment of the MAP–21, the boundaries of 
the existing metropolitan planning area as 
of that date of enactment shall remain in 
force and effect. 
‘‘(ii) 
EXCEPTION.—Notwithstanding 
clause (i), the boundaries of an existing 
metropolitan planning area described in 
that clause may be adjusted by agreement 
of the applicable Governor and the affected 
metropolitan planning organizations in ac-
cordance with paragraph (1). 
‘‘(B) 
NEW
METROPOLITAN
PLANNING 
AREAS.—In the case of an urbanized area des-
ignated as a nonattainment area or mainte-
nance area after the date of enactment of the 
MAP–21, the boundaries of the applicable met-
ropolitan planning area— 
‘‘(i) shall be established in accordance 
with subsection (c)(1); 
‘‘(ii) shall encompass the areas de-
scribed in paragraph (2)(A); 
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294 
‘‘(iii) may encompass the areas de-
scribed in paragraph (2)(B); and 
‘‘(iv) may address any appropriate 
nonattainment area or maintenance area. 
‘‘(e) REQUIREMENTS.— 
‘‘(1) DEVELOPMENT OF PLANS AND TIPS.—To 
accomplish the policy objectives described in sub-
section (a), each metropolitan planning organization, 
in cooperation with the applicable State and public 
transportation operators, shall develop metropolitan 
transportation plans and transportation improve-
ment programs for metropolitan planning areas of 
the State through a performance-driven, outcome- 
based approach to metropolitan transportation plan-
ning consistent with subsection (h). 
‘‘(2) CONTENTS.—The metropolitan transpor-
tation plans and transportation improvement pro-
grams for each metropolitan area shall provide for 
the development and integrated management and 
operation of transportation systems and facilities 
(including accessible pedestrian walkways, bicycle 
transportation facilities, and intermodal facilities 
that support intercity transportation) that will func-
tion as— 
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‘‘(A) an intermodal transportation system 
for the metropolitan planning area; and 
‘‘(B) an integral part of an intermodal 
transportation system for the applicable State 
and the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process 
for developing metropolitan transportation plans and 
transportation improvement programs shall— 
‘‘(A) provide for consideration of all modes 
of transportation; and 
‘‘(B) be continuing, cooperative, and com-
prehensive to the degree appropriate, based on 
the complexity of the transportation needs to be 
addressed. 
‘‘(4) TIERING.— 
‘‘(A) TIER I MPOS.— 
‘‘(i) IN
GENERAL.—A metropolitan 
planning organization shall be designated 
as a tier I MPO if— 
‘‘(I) as certified by the Governor 
of each applicable State, the metro-
politan planning organization operates 
within, and primarily serves, a metro-
politan planning area with a popu-
lation of 1,000,000 or more individ-
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uals, as calculated according to the 
most recent decennial census; and 
‘‘(II) the Secretary determines 
the metropolitan planning organiza-
tion— 
‘‘(aa) meets the minimum 
technical 
requirements 
under 
clause (iv); and 
‘‘(bb) not later than 2 years 
after the date of enactment of 
the MAP–21, will fully imple-
ment the processes described in 
subsections (h) though (j). 
‘‘(ii) ABSENCE OF DESIGNATION.—In 
the absence of designation as a tier I MPO 
under clause (i), a metropolitan planning 
organization shall operate as a tier II 
MPO until the date on which the Secretary 
determines the metropolitan planning orga-
nization can meet the minimum technical 
requirements under clause (iv). 
‘‘(iii) REDESIGNATION AS TIER I.—A 
metropolitan planning organization oper-
ating within a metropolitan planning area 
with a population of 200,000 or more and 
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fewer than 1,000,000 individuals and pri-
marily within urbanized areas with popu-
lations of 200,000 or more individuals, as 
calculated according to the most recent de-
cennial census, that is designated as a tier 
II MPO under subparagraph (B) may re-
quest, with the support of the applicable 
Governor, a redesignation as a tier I MPO 
on a determination by the Secretary that 
the metropolitan planning organization has 
met the minimum technical requirements 
under clause (iv). 
‘‘(iv) MINIMUM TECHNICAL REQUIRE-
MENTS.—Not later than 1 year after the 
date of enactment of the MAP–21, the 
Secretary shall issue a rule that establishes 
the minimum technical requirements nec-
essary for a metropolitan planning organi-
zation to be designated as a tier I MPO, 
including, at a minimum, modeling, data, 
staffing, and other technical requirements. 
‘‘(B) TIER II MPOS.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the 
MAP–21, the Secretary shall issue a rule 
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that establishes minimum requirements 
necessary for a metropolitan planning or-
ganization to be designated as a tier II 
MPO. 
‘‘(ii) REQUIREMENTS.—The minimum 
requirements established under clause (i) 
shall— 
‘‘(I) be limited to ensuring that 
each metropolitan planning organiza-
tion has the capabilities necessary to 
develop the metropolitan transpor-
tation plan and transportation im-
provement program under this sec-
tion; and 
‘‘(II) include— 
‘‘(aa) only the staffing capa-
bilities necessary to operate the 
metropolitan planning organiza-
tion; and 
‘‘(bb) a requirement that the 
metropolitan planning organiza-
tion has the technical capacity to 
conduct the travel demand model 
and forecasting necessary, as ap-
propriate based on the size and 
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resources of the metropolitan 
planning organization, to fulfill 
the requirements of this section, 
except that in cases in which a 
metropolitan planning organiza-
tion has a formal agreement with 
a State to conduct the modeling 
on behalf of the metropolitan 
planning organization, the metro-
politan 
planning 
organization 
shall be exempt from the tech-
nical capacity requirement. 
‘‘(iii) LIMITATION.—The rule issued 
pursuant to this subparagraph shall only 
include the minimum requirements estab-
lished under clause (ii). 
‘‘(iv) 
INCLUSION.—A 
metropolitan 
planning organization operating primarily 
within an urbanized area with a population 
of 200,000 or more individuals, as cal-
culated according to the most recent de-
cennial census, and that does not qualify 
as a tier I MPO under subparagraph 
(A)(i), shall— 
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‘‘(I) be designated as a tier II 
MPO; and 
‘‘(II) follow the processes under 
subsection (k). 
‘‘(C) CONSOLIDATION.— 
‘‘(i) IN GENERAL.—Metropolitan plan-
ning organizations operating within contig-
uous, adjacent, or geographically linked ur-
banized areas may elect to consolidate in 
order to meet the population thresholds re-
quired to achieve designation as a tier I or 
tier II MPO under this paragraph. 
‘‘(ii) 
EFFECT
OF
SUBSECTION.— 
Nothing in this subsection requires or pre-
vents consolidation among multiple metro-
politan 
planning 
organizations 
located 
within a single urbanized area. 
‘‘(f) COORDINATION IN MULTISTATE AREAS.— 
‘‘(1) IN GENERAL.—The Secretary shall encour-
age each Governor with responsibility for a portion 
of a multistate metropolitan area and the appro-
priate metropolitan planning organizations to pro-
vide coordinated transportation planning for the en-
tire metropolitan area. 
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‘‘(2) 
COORDINATION
ALONG
DESIGNATED 
TRANSPORTATION CORRIDORS.—The Secretary shall 
encourage each Governor with responsibility for a 
portion of a multistate metropolitan area and the 
appropriate metropolitan planning organizations to 
provide coordinated transportation planning for the 
entire designated transportation corridor. 
‘‘(3) COORDINATION
WITH
INTERSTATE
COM-
PACTS.—The Secretary shall encourage metropolitan 
planning organizations to take into consideration, 
during the development of metropolitan transpor-
tation plans and transportation improvement pro-
grams, any relevant transportation studies con-
cerning planning for regional transportation (includ-
ing high-speed and intercity rail corridor studies, 
commuter rail corridor studies, intermodal termi-
nals, and interstate highways) in support of freight, 
intercity, or multistate area projects and services 
that have been developed pursuant to interstate com-
pacts or agreements, or by organizations established 
under section 135. 
‘‘(g) ENGAGEMENT IN METROPOLITAN TRANSPOR-
TATION PLAN AND TIP DEVELOPMENT.— 
‘‘(1) 
NONATTAINMENT
AND
MAINTENANCE 
AREAS.—If more than 1 metropolitan planning orga-
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nization has authority within a metropolitan area, 
nonattainment area, or maintenance area, each met-
ropolitan planning organization shall consult with all 
other metropolitan planning organizations des-
ignated for the metropolitan area, nonattainment 
area, or maintenance area and the State in the de-
velopment of metropolitan transportation plans and 
transportation improvement programs under this 
section. 
‘‘(2) TRANSPORTATION
IMPROVEMENTS
LO-
CATED
IN
MULTIPLE
METROPOLITAN
PLANNING 
AREAS.—If a transportation improvement project 
funded under this title or chapter 53 of title 49 is 
located within the boundaries of more than 1 metro-
politan planning area, the affected metropolitan 
planning organizations shall coordinate metropolitan 
transportation plans and transportation improve-
ment programs regarding the project. 
‘‘(3) COORDINATION OF ADJACENT PLANNING 
ORGANIZATIONS.— 
‘‘(A) IN GENERAL.—A metropolitan plan-
ning organization that is adjacent or located in 
reasonably close proximity to another metropoli-
tan planning organization shall coordinate with 
that metropolitan planning organization with 
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respect to planning processes, including prepa-
ration of metropolitan transportation plans and 
transportation improvement programs, to the 
maximum extent practicable. 
‘‘(B) NONMETROPOLITAN PLANNING ORGA-
NIZATIONS.—A metropolitan planning organiza-
tion that is adjacent or located in reasonably 
close proximity to a nonmetropolitan planning 
organization shall consult with that nonmetro-
politan planning organization with respect to 
planning processes, to the maximum extent 
practicable. 
‘‘(4) RELATIONSHIP
WITH
OTHER
PLANNING 
OFFICIALS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
encourage each metropolitan planning organiza-
tion to cooperate with Federal, tribal, State, 
and local officers and entities responsible for 
other types of planning activities that are af-
fected by transportation in the relevant area 
(including planned growth, economic develop-
ment, infrastructure services, housing, other 
public services, nonmotorized users, environ-
mental protection, airport operations, high- 
speed and intercity passenger rail, freight rail, 
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port access, and freight movements), to the 
maximum extent practicable, to ensure that the 
metropolitan transportation planning process, 
metropolitan transportation plans, and trans-
portation improvement programs are developed 
in cooperation with other related planning ac-
tivities in the area. 
‘‘(B) INCLUSION.—Cooperation under sub-
paragraph (A) shall include the design and de-
livery of transportation services within the met-
ropolitan area that are provided by— 
‘‘(i) recipients of assistance under sec-
tions 202, 203, and 204; 
‘‘(ii) recipients of assistance under 
chapter 53 of title 49; 
‘‘(iii) government agencies and non-
profit organizations (including representa-
tives of the agencies and organizations) 
that receive Federal assistance from a 
source other than the Department of 
Transportation to provide nonemergency 
transportation services; and 
‘‘(iv) sponsors of regionally significant 
programs, projects, and services that are 
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related to transportation and receive as-
sistance from any public or private source. 
‘‘(5) COORDINATION OF OTHER FEDERALLY RE-
QUIRED PLANNING PROGRAMS.—The Secretary shall 
encourage each metropolitan planning organization 
to coordinate, to the maximum extent practicable, 
the development of metropolitan transportation 
plans and transportation improvement programs 
with other relevant federally required planning pro-
grams. 
‘‘(h) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN GENERAL.—The metropolitan transpor-
tation planning process for a metropolitan planning 
area under this section shall provide for consider-
ation of projects and strategies that will— 
‘‘(A) support the economic vitality of the 
metropolitan area, especially by enabling global 
competitiveness, travel and tourism (where ap-
plicable), productivity, and efficiency; 
‘‘(B) increase the safety of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(C) increase the security of the transpor-
tation system for motorized and nonmotorized 
users; 
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‘‘(D) increase the accessibility and mobility 
of individuals and freight; 
‘‘(E) protect and enhance the environment, 
promote energy conservation, improve the qual-
ity of life, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns; 
‘‘(F) 
enhance 
the 
integration 
and 
connectivity of the transportation system, 
across and between modes, for individuals and 
freight; 
‘‘(G) increase efficient system management 
and operation; and 
‘‘(H) emphasize the preservation of the ex-
isting transportation system. 
‘‘(2) PERFORMANCE-BASED APPROACH.— 
‘‘(A) 
IN
GENERAL.—The 
metropolitan 
transportation planning process shall provide 
for the establishment and use of a performance- 
based approach to transportation decision-
making to support the national goals described 
in section 150(b) of this title and in section 
5301(c) of title 49. 
‘‘(B) PERFORMANCE TARGETS.— 
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‘‘(i) SURFACE TRANSPORTATION PER-
FORMANCE TARGETS.— 
‘‘(I) IN GENERAL.—Each metro-
politan planning organization shall es-
tablish performance targets that ad-
dress the performance measures de-
scribed in sections 119(f), 148(h), 
149(k), where applicable, and 167(i) 
to use in tracking attainment of crit-
ical outcomes for the region of the 
metropolitan planning organization. 
‘‘(II) COORDINATION.—Selection 
of performance targets by a metropoli-
tan planning organization shall be co-
ordinated with the relevant State to 
ensure consistency, to the maximum 
extent practicable. 
‘‘(ii) PUBLIC TRANSPORTATION PER-
FORMANCE TARGETS.—Each metropolitan 
planning organization shall adopt the per-
formance targets identified by providers of 
public transportation pursuant to sections 
5326(c) and 5329(d) of title 49, for use in 
tracking attainment of critical outcomes 
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for the region of the metropolitan planning 
organization. 
‘‘(C) TIMING.—Each metropolitan plan-
ning organization shall establish the perform-
ance targets under subparagraph (B) not later 
than 90 days after the date on which the rel-
evant State or provider of public transportation 
establishes the performance targets. 
‘‘(D) INTEGRATION OF OTHER PERFORM-
ANCE-BASED PLANS.—A metropolitan planning 
organization shall integrate in the metropolitan 
transportation planning process, directly or by 
reference, the goals, objectives, performance 
measures, and targets described in other State 
plans and processes, as well as asset manage-
ment and safety plans developed by providers of 
public transportation, required as part of a per-
formance-based program, including plans such 
as— 
‘‘(i) the State National Highway Sys-
tem asset management plan; 
‘‘(ii) asset management plans devel-
oped by providers of public transportation; 
‘‘(iii) the State strategic highway safe-
ty plan; 
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‘‘(iv) safety plans developed by pro-
viders of public transportation; 
‘‘(v) the congestion mitigation and air 
quality performance plan, where applicable; 
‘‘(vi) the national freight strategic 
plan; and 
‘‘(vii) the statewide transportation 
plan. 
‘‘(E) USE
OF
PERFORMANCE
MEASURES 
AND
TARGETS.—The performance measures 
and targets established under this paragraph 
shall be used, at a minimum, by the relevant 
metropolitan planning organization as the basis 
for development of policies, programs, and in-
vestment priorities reflected in the metropolitan 
transportation plan and transportation improve-
ment program. 
‘‘(3) FAILURE
TO
CONSIDER
FACTORS.—The 
failure to take into consideration 1 or more of the 
factors specified in paragraphs (1) and (2) shall not 
be subject to review by any court under this title, 
chapter 53 of title 49, subchapter II of chapter 5 of 
title 5, or chapter 7 of title 5 in any matter affecting 
a metropolitan transportation plan, a transportation 
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improvement program, a project or strategy, or the 
certification of a planning process. 
‘‘(4) PARTICIPATION
BY
INTERESTED
PAR-
TIES.— 
‘‘(A) IN
GENERAL.—Each metropolitan 
planning organization shall provide to affected 
individuals, public agencies, and other inter-
ested parties (including State representatives of 
nonmotorized users) notice and a reasonable op-
portunity to comment on the metropolitan 
transportation plan and transportation improve-
ment program and any relevant scenarios. 
‘‘(B) 
CONTENTS
OF
PARTICIPATION 
PLAN.—Each metropolitan planning organiza-
tion shall establish a participation plan that— 
‘‘(i) is developed in consultation with 
interested parties and local officials; and 
‘‘(ii) provides that interested parties 
and local officials shall have reasonable op-
portunities to comment on the contents of 
the metropolitan transportation plan of the 
metropolitan planning organization. 
‘‘(C) METHODS.—In carrying out subpara-
graph (A), the metropolitan planning organiza-
tion shall, to the maximum extent practicable— 
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‘‘(i) develop the metropolitan trans-
portation plan and transportation improve-
ment program in consultation with inter-
ested parties, as appropriate, including by 
the formation of advisory groups represent-
ative of the community and interested par-
ties (including State representatives of 
nonmotorized users) that participate in the 
development of the metropolitan transpor-
tation plan and transportation improve-
ment program; 
‘‘(ii) hold any public meetings at 
times and locations that are, as applica-
ble— 
‘‘(I) convenient; and 
‘‘(II) in compliance with the 
Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
‘‘(iii) employ visualization techniques 
to describe metropolitan transportation 
plans and transportation improvement pro-
grams; and 
‘‘(iv) make public information avail-
able in appropriate electronically accessible 
formats and means, such as the Internet, 
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to afford reasonable opportunity for con-
sideration of public information under sub-
paragraph (A). 
‘‘(i) DEVELOPMENT OF METROPOLITAN TRANSPOR-
TATION PLAN.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), not later than 5 years after 
the date of enactment of the MAP–21, and not 
less frequently than once every 5 years there-
after, each metropolitan planning organization 
shall prepare and update, respectively, a metro-
politan transportation plan for the relevant 
metropolitan planning area in accordance with 
this section. 
‘‘(B) EXCEPTIONS.—A metropolitan plan-
ning organization shall prepare or update, as 
appropriate, the metropolitan transportation 
plan not less frequently than once every 4 years 
if the metropolitan planning organization is op-
erating within— 
‘‘(i) a nonattainment area; or 
‘‘(ii) a maintenance area. 
‘‘(2) OTHER REQUIREMENTS.—A metropolitan 
transportation plan under this section shall— 
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