I 
114TH CONGRESS 
1ST SESSION H. R. 3763 
To authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 20, 2015 
Mr. SHUSTER (for himself, Mr. DEFAZIO, Mr. GRAVES of Missouri, and Ms. 
NORTON) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
A BILL 
To authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Surface Transportation Reauthorization and Reform Act 
of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Effective date. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorizations and Programs 
Sec. 1101. Authorization of appropriations. 
Sec. 1102. Obligation ceiling. 
Sec. 1103. Definitions. 
Sec. 1104. Apportionment. 
Sec. 1105. National highway performance program. 
Sec. 1106. Surface transportation block grant program. 
Sec. 1107. Railway-highway grade crossings. 
Sec. 1108. Highway safety improvement program. 
Sec. 1109. Congestion mitigation and air quality improvement program. 
Sec. 1110. National highway freight policy. 
Sec. 1111. Nationally significant freight and highway projects. 
Sec. 1112. Territorial and Puerto Rico highway program. 
Sec. 1113. Federal lands and tribal transportation program. 
Sec. 1114. Tribal transportation program. 
Sec. 1115. Federal lands transportation program. 
Sec. 1116. Tribal transportation self-governance program. 
Sec. 1117. Emergency relief. 
Sec. 1118. Highway use tax evasion projects. 
Sec. 1119. Bundling of bridge projects. 
Sec. 1120. Tribal High Priority Projects program. 
Sec. 1121. Construction of ferry boats and ferry terminal facilities. 
Subtitle B—Planning and Performance Management 
Sec. 1201. Metropolitan transportation planning. 
Sec. 1202. Statewide and nonmetropolitan transportation planning. 
Subtitle C—Acceleration of Project Delivery 
Sec. 1301. Satisfaction of requirements for certain historic sites. 
Sec. 1302. Treatment of improvements to rail and transit under preservation 
requirements. 
Sec. 1303. Clarification of transportation environmental authorities. 
Sec. 1304. Treatment of certain bridges under preservation requirements. 
Sec. 1305. Efficient environmental reviews for project decisionmaking. 
Sec. 1306. Improving transparency in environmental reviews. 
Sec. 1307. Integration of planning and environmental review. 
Sec. 1308. Development of programmatic mitigation plans. 
Sec. 1309. Delegation of authorities. 
Sec. 1310. Categorical exclusion for projects of limited Federal assistance. 
Sec. 1311. Application of categorical exclusions for multimodal projects. 
Sec. 1312. Surface transportation project delivery program. 
Sec. 1313. Program for eliminating duplication of environmental reviews. 
Sec. 1314. Assessment of progress on accelerating project delivery. 
Sec. 1315. Improving State and Federal agency engagement in environmental 
reviews. 
Sec. 1316. Accelerated decisionmaking in environmental reviews. 
Sec. 1317. Aligning Federal environmental reviews. 
Subtitle D—Miscellaneous 
Sec. 1401. Tolling; HOV facilities; Interstate reconstruction and rehabilitation. 
Sec. 1402. Prohibition on the use of funds for automated traffic enforcement. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
Sec. 1403. Minimum penalties for repeat offenders for driving while intoxicated 
or driving under the influence. 
Sec. 1404. Highway Trust Fund transparency and accountability. 
Sec. 1405. High priority corridors on National Highway System. 
Sec. 1406. Flexibility for projects. 
Sec. 1407. Productive and timely expenditure of funds. 
Sec. 1408. Consolidation of programs. 
Sec. 1409. Federal share payable. 
Sec. 1410. Elimination or modification of certain reporting requirements. 
Sec. 1411. Technical corrections. 
Sec. 1412. Safety for users. 
Sec. 1413. Design standards. 
Sec. 1414. Reserve fund. 
Sec. 1415. Adjustments. 
TITLE II—INNOVATIVE PROJECT FINANCE 
Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 
amendments. 
Sec. 2002. State infrastructure bank program. 
Sec. 2003. Availability payment concession model. 
TITLE III—PUBLIC TRANSPORTATION 
Sec. 3001. Short title. 
Sec. 3002. Definitions. 
Sec. 3003. Metropolitan and statewide transportation planning. 
Sec. 3004. Urbanized area formula grants. 
Sec. 3005. Fixed guideway capital investment grants. 
Sec. 3006. Formula grants for enhanced mobility of seniors and individuals 
with disabilities. 
Sec. 3007. Formula grants for rural areas. 
Sec. 3008. Public transportation innovation. 
Sec. 3009. Technical assistance and workforce development. 
Sec. 3010. Bicycle facilities. 
Sec. 3011. General provisions. 
Sec. 3012. Public transportation safety program. 
Sec. 3013. Apportionments. 
Sec. 3014. State of good repair grants. 
Sec. 3015. Authorizations. 
Sec. 3016. Bus and bus facility grants. 
Sec. 3017. Obligation ceiling. 
Sec. 3018. Innovative procurement. 
Sec. 3019. Review of public transportation safety standards. 
Sec. 3020. Study on evidentiary protection for public transportation safety pro-
gram information. 
Sec. 3021. Mobility of seniors and individuals with disabilities. 
Sec. 3022. Improved transit safety measures. 
TITLE IV—HIGHWAY SAFETY 
Sec. 4001. Authorization of appropriations. 
Sec. 4002. Highway safety programs. 
Sec. 4003. Highway safety research and development. 
Sec. 4004. High-visibility enforcement program. 
Sec. 4005. National priority safety programs. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6211
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
Sec. 4006. Prohibition on funds to check helmet usage or create related check-
points for a motorcycle driver or passenger. 
Sec. 4007. Marijuana-impaired driving. 
Sec. 4008. National priority safety program grant eligibility. 
Sec. 4009. Data collection. 
Sec. 4010. Technical corrections. 
TITLE V—MOTOR CARRIER SAFETY 
Subtitle A—Motor Carrier Safety Grant Consolidation 
Sec. 5101. Grants to States. 
Sec. 5102. Performance and registration information systems management. 
Sec. 5103. Authorization of appropriations. 
Sec. 5104. Commercial driver’s license program implementation. 
Sec. 5105. Extension of Federal motor carrier safety programs for fiscal year 
2016. 
Sec. 5106. Motor carrier safety assistance program allocation. 
Sec. 5107. Maintenance of effort calculation. 
Subtitle B—Federal Motor Carrier Safety Administration Reform 
PART I—REGULATORY REFORM 
Sec. 5201. Notice of cancellation of insurance. 
Sec. 5202. Regulations. 
Sec. 5203. Guidance. 
Sec. 5204. Petitions. 
PART II—COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM 
Sec. 5221. Correlation study. 
Sec. 5222. Beyond compliance. 
Sec. 5223. Data certification. 
Sec. 5224. Interim hiring standard. 
Subtitle C—Commercial Motor Vehicle Safety 
Sec. 5301. Implementing safety requirements. 
Sec. 5302. Windshield mounted safety technology. 
Sec. 5303. Prioritizing statutory rulemakings. 
Sec. 5304. Safety reporting system. 
Sec. 5305. New entrant safety review program. 
Subtitle D—Commercial Motor Vehicle Drivers 
Sec. 5401. Opportunities for veterans. 
Sec. 5402. Drug free commercial drivers. 
Sec. 5403. Certified medical examiners. 
Sec. 5404. Graduated commercial driver’s license pilot program. 
Subtitle E—General Provisions 
Sec. 5501. Minimum financial responsibility. 
Sec. 5502. Delays in goods movement. 
Sec. 5503. Report on motor carrier financial responsibility. 
Sec. 5504. Emergency route working group. 
Sec. 5505. Household goods consumer protection working group. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6211
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
Sec. 5506. Technology improvements. 
Sec. 5507. Notification regarding motor carrier registration. 
Sec. 5508. Technical corrections. 
TITLE VI—INNOVATION 
Sec. 6001. Short title. 
Sec. 6002. Authorization of appropriations. 
Sec. 6003. Advanced transportation and congestion management technologies 
deployment. 
Sec. 6004. Technology and innovation deployment program. 
Sec. 6005. Intelligent transportation system goals. 
Sec. 6006. Intelligent transportation system program report. 
Sec. 6007. Intelligent transportation system national architecture and stand-
ards. 
Sec. 6008. Communication systems deployment report. 
Sec. 6009. Infrastructure development. 
Sec. 6010. Departmental research programs. 
Sec. 6011. Research and Innovative Technology Administration. 
Sec. 6012. Office of Intermodalism. 
Sec. 6013. University transportation centers. 
Sec. 6014. Bureau of Transportation Statistics. 
Sec. 6015. Surface transportation system funding alternatives. 
Sec. 6016. Future interstate study. 
TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION 
Sec. 7001. Short title. 
Sec. 7002. Authorization of appropriations. 
Sec. 7003. National emergency and disaster response. 
Sec. 7004. Enhanced reporting. 
Sec. 7005. Wetlines. 
Sec. 7006. Improving publication of special permits and approvals. 
Sec. 7007. GAO study on acceptance of classification examinations. 
Sec. 7008. Improving the effectiveness of planning and training grants. 
Sec. 7009. Motor carrier safety permits. 
Sec. 7010. Thermal blankets. 
Sec. 7011. Comprehensive oil spill response plans. 
Sec. 7012. Information on high-hazard flammable trains. 
Sec. 7013. Study and testing of electronically-controlled pneumatic brakes. 
Sec. 7014. Ensuring safe implementation of positive train control systems. 
TITLE VIII—MULTIMODAL FREIGHT TRANSPORTATION 
Sec. 8001. Multimodal freight transportation. 
TITLE IX—NATIONAL SURFACE TRANSPORTATION AND 
INNOVATIVE FINANCE BUREAU 
Sec. 9001. National Surface Transportation and Innovative Finance Bureau. 
Sec. 9002. Council on Credit and Finance. 
TITLE X—SPORT FISH RESTORATION AND RECREATIONAL 
BOATING SAFETY 
Sec. 10001. Allocations. 
Sec. 10002. Recreational boating safety. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6211
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Transportation. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 3. EFFECTIVE DATE. 
Except as otherwise provided, this Act, including the 
amendments made by this Act, takes effect on October 
1, 2015. 
TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorizations and 
Programs 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Trust Fund 
(other than the Mass Transit Account): 
(1) FEDERAL-AID
HIGHWAY
PROGRAM.—For 
the national highway performance program under 
section 119 of title 23, United States Code, the sur-
face transportation block grant program under sec-
tion 133 of that title, the highway safety improve-
ment program under section 148 of that title, the 
congestion mitigation and air quality improvement 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(iv) $490,000,000 for fiscal year 
2019; 
(v) $495,000,000 for fiscal year 2020; 
and 
(vi) $500,000,000 for fiscal year 
2021. 
(B) FEDERAL
LANDS
TRANSPORTATION 
PROGRAM.— 
(i) IN
GENERAL.—For the Federal 
lands transportation program under sec-
tion 203 of title 23, United States Code— 
(I) $325,000,000 for fiscal year 
2016; 
(II) $335,000,000 for fiscal year 
2017; 
(III) $345,000,000 for fiscal year 
2018; 
(IV) $350,000,000 for fiscal year 
2019; 
(V) $375,000,000 for fiscal year 
2020; and 
(VI) $400,000,000 for fiscal year 
2021. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(ii) ALLOCATION.—Of the amount 
made available for a fiscal year under 
clause (i)— 
(I) the amount for the National 
Park Service is— 
(aa) $260,000,000 for fiscal 
year 2016; 
(bb) $268,000,000 for fiscal 
year 2017; 
(cc) $276,000,000 for fiscal 
year 2018; 
(dd) $280,000,000 for fiscal 
year 2019; 
(ee) $300,000,000 for fiscal 
year 2020; and 
(ff) $320,000,000 for fiscal 
year 2021; 
(II) the amount for the United 
States Fish and Wildlife Service is 
$30,000,000 for each of fiscal years 
2016 through 2021; and 
(III) the amount for the United 
States Forest Service is— 
(aa) $15,000,000 for fiscal 
year 2016; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(bb) $16,000,000 for fiscal 
year 2017; 
(cc) $17,000,000 for fiscal 
year 2018; 
(dd) $18,000,000 for fiscal 
year 2019; 
(ee) $19,000,000 for fiscal 
year 2020; and 
(ff) $20,000,000 for fiscal 
year 2021. 
(C) FEDERAL LANDS ACCESS PROGRAM.— 
For the Federal lands access program under 
section 204 of title 23, United States Code— 
(i) $250,000,000 for fiscal year 2016; 
(ii) $255,000,000 for fiscal year 2017; 
(iii) $260,000,000 for fiscal year 
2018; 
(iv) $265,000,000 for fiscal year 
2019; 
(v) $270,000,000 for fiscal year 2020; 
and 
(vi) $275,000,000 for fiscal year 
2021. 
(4) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—For the territorial and Puerto Rico 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
highway program under section 165 of title 23, 
United States Code, $200,000,000 for each of fiscal 
years 2016 through 2021. 
(5) NATIONALLY
SIGNIFICANT
FREIGHT
AND 
HIGHWAY
PROJECTS.—For nationally significant 
freight and highway projects under section 117 of 
title 23, United States Code— 
(A) $725,000,000 for fiscal year 2016; 
(B) $735,000,000 for fiscal year 2017; and 
(C) $750,000,000 for each of fiscal years 
2018 through 2021. 
(b) DISADVANTAGED BUSINESS ENTERPRISES.— 
(1) FINDINGS.—Congress finds that— 
(A) while significant progress has occurred 
due to the establishment of the disadvantaged 
business enterprise program, discrimination and 
related barriers continue to pose significant ob-
stacles for minority- and women-owned busi-
nesses seeking to do business in federally as-
sisted surface transportation markets across the 
United States; 
(B) the continuing barriers described in 
subparagraph (A) merit the continuation of the 
disadvantaged business enterprise program; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(C) Congress has received and reviewed 
testimony and documentation of race and gen-
der discrimination from numerous sources, in-
cluding congressional hearings and roundtables, 
scientific reports, reports issued by public and 
private agencies, news stories, reports of dis-
crimination by organizations and individuals, 
and discrimination lawsuits, which show that 
race- and gender-neutral efforts alone are insuf-
ficient to address the problem; 
(D) the testimony and documentation de-
scribed in subparagraph (C) demonstrate that 
discrimination across the United States poses a 
barrier to full and fair participation in surface 
transportation-related businesses of women 
business owners and minority business owners 
and has impacted firm development and many 
aspects of surface transportation-related busi-
ness in the public and private markets; and 
(E) the testimony and documentation de-
scribed in subparagraph (C) provide a strong 
basis that there is a compelling need for the 
continuation of the disadvantaged business en-
terprise program to address race and gender 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
discrimination in surface transportation-related 
business. 
(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) SMALL BUSINESS CONCERN.— 
(i) IN
GENERAL.—The term ‘‘small 
business concern’’ means a small business 
concern (as the term is used in section 3 
of the Small Business Act (15 U.S.C. 
632)). 
(ii) EXCLUSIONS.—The term ‘‘small 
business concern’’ does not include any 
concern or group of concerns controlled by 
the same socially and economically dis-
advantaged individual or individuals that 
have average annual gross receipts during 
the preceding 3 fiscal years in excess of 
$23,980,000, as adjusted annually by the 
Secretary for inflation. 
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED
INDIVIDUALS.—The term ‘‘so-
cially and economically disadvantaged individ-
uals’’ has the meaning given the term in section 
8(d) of the Small Business Act (15 U.S.C. 
637(d)) and relevant subcontracting regulations 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
issued pursuant to that Act, except that women 
shall be presumed to be socially and economi-
cally disadvantaged individuals for purposes of 
this subsection. 
(3) AMOUNTS
FOR
SMALL
BUSINESS
CON-
CERNS.—Except to the extent that the Secretary de-
termines otherwise, not less than 10 percent of the 
amounts made available for any program under ti-
tles I, II, III, and VI of this Act and section 403 
of title 23, United States Code, shall be expended 
through small business concerns owned and con-
trolled by socially and economically disadvantaged 
individuals. 
(4) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS ENTERPRISES.—Each State shall annually— 
(A) survey and compile a list of the small 
business concerns referred to in paragraph (3) 
in the State, including the location of the small 
business concerns in the State; and 
(B) notify the Secretary, in writing, of the 
percentage of the small business concerns that 
are controlled by— 
(i) women; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(ii) socially and economically dis-
advantaged 
individuals 
(other 
than 
women); and 
(iii) individuals who are women and 
are otherwise socially and economically dis-
advantaged individuals. 
(5) UNIFORM CERTIFICATION.— 
(A) IN GENERAL.—The Secretary shall es-
tablish minimum uniform criteria for use by 
State governments in certifying whether a con-
cern qualifies as a small business concern for 
the purpose of this subsection. 
(B) INCLUSIONS.—The minimum uniform 
criteria established under subparagraph (A) 
shall include, with respect to a potential small 
business concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(v) listings of equipment; 
(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
(viii) examination of the resumes of 
principal owners; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(ix) analyses of financial capacity; and 
(x) analyses of the type of work pre-
ferred. 
(6) REPORTING.—The Secretary shall establish 
minimum requirements for use by State govern-
ments in reporting to the Secretary— 
(A) information concerning disadvantaged 
business enterprise awards, commitments, and 
achievements; and 
(B) such other information as the Sec-
retary determines to be appropriate for the 
proper monitoring of the disadvantaged busi-
ness enterprise program. 
(7) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an indi-
vidual or entity to receive funds made available 
under titles I, II, III, and VI of this Act and section 
403 of title 23, United States Code, if the entity or 
person is prevented, in whole or in part, from com-
plying with paragraph (3) because a Federal court 
issues a final order in which the court finds that a 
requirement or the implementation of paragraph (3) 
is unconstitutional. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 1102. OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Subject to subsection 
(e), and notwithstanding any other provision of law, the 
obligations for Federal-aid highway and highway safety 
construction programs shall not exceed— 
(1) $40,867,000,000 for fiscal year 2016; 
(2) $41,599,000,000 for fiscal year 2017; 
(3) $42,453,000,000 for fiscal year 2018; 
(4) $43,307,000,000 for fiscal year 2019; 
(5) $44,201,000,000 for fiscal year 2020; and 
(6) $45,096,000,000 for fiscal year 2021. 
(b) EXCEPTIONS.—The limitations under subsection 
(a) shall not apply to obligations under or for— 
(1) section 125 of title 23, United States Code; 
(2) section 147 of the Surface Transportation 
Assistance Act of 1978 (23 U.S.C. 144 note; 92 
Stat. 2714); 
(3) section 9 of the Federal-Aid Highway Act 
of 1981 (95 Stat. 1701); 
(4) subsections (b) and (j) of section 131 of the 
Surface Transportation Assistance Act of 1982 (96 
Stat. 2119); 
(5) subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation As-
sistance Act of 1987 (101 Stat. 198); 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(6) sections 1103 through 1108 of the Inter-
modal Surface Transportation Efficiency Act of 
1991 (105 Stat. 2027); 
(7) section 157 of title 23, United States Code 
(as in effect on June 8, 1998); 
(8) section 105 of title 23, United States Code 
(as in effect for fiscal years 1998 through 2004, but 
only in an amount equal to $639,000,000 for each 
of those fiscal years); 
(9) Federal-aid highway programs for which ob-
ligation authority was made available under the 
Transportation Equity Act for the 21st Century 
(112 Stat. 107) or subsequent Acts for multiple 
years or to remain available until expended, but only 
to the extent that the obligation authority has not 
lapsed or been used; 
(10) section 105 of title 23, United States Code 
(as in effect for fiscal years 2005 through 2012, but 
only in an amount equal to $639,000,000 for each 
of those fiscal years); 
(11) section 1603 of SAFETEA–LU (23 
U.S.C. 118 note; 119 Stat. 1248), to the extent that 
funds obligated in accordance with that section were 
not subject to a limitation on obligations at the time 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
at which the funds were initially made available for 
obligation; 
(12) section 119 of title 23, United States Code 
(as in effect for fiscal years 2013 through 2015, but 
only in an amount equal to $639,000,000 for each 
of those fiscal years); and 
(13) section 119 of title 23, United States Code 
(but, for fiscal years 2016 through 2021, only in an 
amount equal to $639,000,000 for each of those fis-
cal years). 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 
For each of fiscal years 2016 through 2021, the Sec-
retary— 
(1) shall not distribute obligation authority pro-
vided by subsection (a) for the fiscal year for— 
(A) amounts authorized for administrative 
expenses and programs by section 104(a) of 
title 23, United States Code; and 
(B) amounts authorized for the Bureau of 
Transportation Statistics; 
(2) shall not distribute an amount of obligation 
authority provided by subsection (a) that is equal to 
the unobligated balance of amounts— 
(A) made available from the Highway 
Trust Fund (other than the Mass Transit Ac-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
count) for Federal-aid highway and highway 
safety construction programs for previous fiscal 
years the funds for which are allocated by the 
Secretary (or apportioned by the Secretary 
under section 202 or 204 of title 23, United 
States Code); and 
(B) for which obligation authority was pro-
vided in a previous fiscal year; 
(3) shall determine the proportion that— 
(A) the obligation authority provided by 
subsection (a) for the fiscal year, less the aggre-
gate of amounts not distributed under para-
graphs (1) and (2) of this subsection; bears to 
(B) the total of the sums authorized to be 
appropriated for the Federal-aid highway and 
highway safety construction programs (other 
than sums authorized to be appropriated for 
provisions of law described in paragraphs (1) 
through (12) of subsection (b) and sums au-
thorized to be appropriated for section 119 of 
title 23, United States Code, equal to the 
amount referred to in subsection (b)(13) for the 
fiscal year), less the aggregate of the amounts 
not distributed under paragraphs (1) and (2) of 
this subsection; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(4) shall distribute the obligation authority pro-
vided by subsection (a), less the aggregate amounts 
not distributed under paragraphs (1) and (2), for 
each of the programs (other than programs to which 
paragraph (1) applies) that are allocated by the Sec-
retary under this Act and title 23, United States 
Code, or apportioned by the Secretary under sections 
202 or 204 of that title, by multiplying— 
(A) the proportion determined under para-
graph (3); by 
(B) the amounts authorized to be appro-
priated for each such program for the fiscal 
year; and 
(5) shall distribute the obligation authority pro-
vided by subsection (a), less the aggregate amounts 
not distributed under paragraphs (1) and (2) and 
the amounts distributed under paragraph (4), for 
Federal-aid highway and highway safety construc-
tion programs that are apportioned by the Secretary 
under title 23, United States Code (other than the 
amounts apportioned for the national highway per-
formance program in section 119 of title 23, United 
States Code, that are exempt from the limitation 
under subsection (b)(13) and the amounts appor-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
tioned under sections 202 and 204 of that title) in 
the proportion that— 
(A) amounts authorized to be appropriated 
for the programs that are apportioned under 
title 23, United States Code, to each State for 
the fiscal year; bears to 
(B) the total of the amounts authorized to 
be appropriated for the programs that are ap-
portioned under title 23, United States Code, to 
all States for the fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary 
shall, after August 1 of each of fiscal years 2016 through 
2021— 
(1) revise a distribution of the obligation au-
thority made available under subsection (c) if an 
amount distributed cannot be obligated during that 
fiscal year; and 
(2) redistribute sufficient amounts to those 
States able to obligate amounts in addition to those 
previously distributed during that fiscal year, giving 
priority to those States having large unobligated bal-
ances of funds apportioned under sections 144 (as in 
effect on the day before the date of enactment of 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
MAP–21 (Public Law 112–141)) and 104 of title 
23, United States Code. 
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION RESEARCH PROGRAMS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), obligation limitations imposed by sub-
section (a) shall apply to contract authority for 
transportation 
research 
programs 
carried 
out 
under— 
(A) chapter 5 of title 23, United States 
Code; and 
(B) title VI of this Act. 
(2) EXCEPTION.—Obligation authority made 
available under paragraph (1) shall— 
(A) remain available for a period of 4 fis-
cal years; and 
(B) be in addition to the amount of any 
limitation imposed on obligations for Federal- 
aid highway and highway safety construction 
programs for future fiscal years. 
(f) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of distribution of obligation authority under 
subsection (c) for each of fiscal years 2016 through 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
2021, the Secretary shall distribute to the States 
any funds (excluding funds authorized for the pro-
gram under section 202 of title 23, United States 
Code) that— 
(A) are authorized to be appropriated for 
the fiscal year for Federal-aid highway pro-
grams; and 
(B) the Secretary determines will not be 
allocated to the States (or will not be appor-
tioned to the States under section 204 of title 
23, United States Code), and will not be avail-
able for obligation, for the fiscal year because 
of the imposition of any obligation limitation for 
the fiscal year. 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same proportion as the dis-
tribution of obligation authority under subsection 
(c)(5). 
(3) AVAILABILITY.—Funds distributed to each 
State under paragraph (1) shall be available for any 
purpose described in section 133(b) of title 23, 
United States Code. 
SEC. 1103. DEFINITIONS. 
Section 101 of title 23, United States Code, is 
amended— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(1) by striking paragraph (29); 
(2) by redesignating paragraphs (15) through 
(28) as paragraphs (16) through (29), respectively; 
and 
(3) by inserting after paragraph (14) the fol-
lowing: 
‘‘(15) NATIONAL
HIGHWAY
FREIGHT
NET-
WORK.—The term ‘National Highway Freight Net-
work’ means the National Highway Freight Network 
established under section 167.’’. 
SEC. 1104. APPORTIONMENT. 
(a) ADMINISTRATIVE EXPENSES.—Section 104(a)(1) 
of title 23, United States Code, is amended to read as 
follows: 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated from the Highway Trust Fund (other 
than the Mass Transit Account) to be made avail-
able to the Secretary for administrative expenses of 
the Federal Highway Administration $440,000,000 
for each of fiscal years 2016 through 2021.’’. 
(b) DIVISION AMONG PROGRAMS OF STATE’S SHARE 
OF BASE APPORTIONMENT.—Section 104(b) of title 23, 
United States Code, is amended— 
(1) in the subsection heading by striking ‘‘DIVI-
SION
OF STATE APPORTIONMENTS AMONG PRO-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
GRAMS’’ and inserting ‘‘DIVISION AMONG PROGRAMS 
OF STATE’S SHARE OF BASE APPORTIONMENT’’; 
(2) in the matter preceding paragraph (1)— 
(A) by inserting ‘‘of the base apportion-
ment’’ after ‘‘the amount’’; and 
(B) by striking ‘‘surface transportation 
program’’ and inserting ‘‘surface transportation 
block grant program’’; 
(3) in paragraph (2)— 
(A) in the paragraph heading by striking 
‘‘SURFACE
TRANSPORTATION
PROGRAM’’ and 
inserting ‘‘SURFACE
TRANSPORTATION
BLOCK 
GRANT PROGRAM’’; and 
(B) by striking ‘‘surface transportation 
program’’ and inserting ‘‘surface transportation 
block grant program’’; and 
(4) in each of paragraphs (4) and (5), in the 
matter preceding subparagraph (A), by inserting ‘‘of 
the base apportionment’’ after ‘‘the amount’’. 
(c) CALCULATION
OF STATE AMOUNTS.—Section 
104(c) of title 23, United States Code, is amended to read 
as follows: 
‘‘(c) CALCULATION OF AMOUNTS.— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(1) STATE SHARE.—For each of fiscal years 
2016 through 2021, the amount for each State shall 
be determined as follows: 
‘‘(A) 
INITIAL
AMOUNTS.—The 
initial 
amounts for each State shall be determined by 
multiplying— 
‘‘(i) each of— 
‘‘(I) the base apportionment; 
‘‘(II) 
supplemental 
funds 
re-
served under subsection (h)(1) for the 
national highway performance pro-
gram; and 
‘‘(III) supplemental funds re-
served under subsection (h)(2) for the 
surface transportation block grant 
program; by 
‘‘(ii) the share for each State, which 
shall be equal to the proportion that— 
‘‘(I) the amount of apportion-
ments that the State received for fis-
cal year 2015; bears to 
‘‘(II) the amount of those appor-
tionments received by all States for 
that fiscal year. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(B) ADJUSTMENTS
TO
AMOUNTS.—The 
initial amounts resulting from the calculation 
under subparagraph (A) shall be adjusted to 
ensure that each State receives an aggregate 
apportionment equal to at least 95 percent of 
the estimated tax payments attributable to 
highway users in the State paid into the High-
way Trust Fund (other than the Mass Transit 
Account) in the most recent fiscal year for 
which data are available. 
‘‘(2) STATE APPORTIONMENT.—On October 1 
of fiscal years 2016 through 2021, the Secretary 
shall apportion the sums authorized to be appro-
priated for expenditure on the national highway per-
formance program under section 119, the surface 
transportation block grant program under section 
133, the highway safety improvement program 
under section 148, the congestion mitigation and air 
quality improvement program under section 149, 
and to carry out section 134 in accordance with 
paragraph (1).’’. 
(d) SUPPLEMENTAL FUNDS.—Section 104 of title 
23, United States Code, is amended by adding at the end 
the following: 
‘‘(h) SUPPLEMENTAL FUNDS.— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(1) SUPPLEMENTAL
FUNDS
FOR
NATIONAL 
HIGHWAY PERFORMANCE PROGRAM.— 
‘‘(A) AMOUNT.—Before making an appor-
tionment for a fiscal year under subsection (c), 
the Secretary shall reserve for the national 
highway performance program under section 
119 for that fiscal year an amount equal to— 
‘‘(i) $53,596,122 for fiscal year 2019; 
‘‘(ii) $66,717,816 for fiscal year 2020; 
and 
‘‘(iii) $79,847,397 for fiscal year 
2021. 
‘‘(B) TREATMENT OF FUNDS.—Funds re-
served under subparagraph (A) and apportioned 
to a State under subsection (c) shall be treated 
as if apportioned under subsection (b)(1), and 
shall be in addition to amounts apportioned 
under that subsection. 
‘‘(2) SUPPLEMENTAL
FUNDS
FOR
SURFACE 
TRANSPORTATION BLOCK GRANT PROGRAM.— 
‘‘(A) AMOUNT.—Before making an appor-
tionment for a fiscal year under subsection (c), 
the Secretary shall reserve for the surface 
transportation block grant program under sec-
tion 133 for that fiscal year an amount equal 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
to $819,900,000 pursuant to section 133(h), 
plus— 
‘‘(i) $70,526,310 for fiscal year 2016; 
‘‘(ii) $104,389,904 for fiscal year 
2017; 
‘‘(iii) $148,113,536 for fiscal year 
2018; 
‘‘(iv) $160,788,367 for fiscal year 
2019; 
‘‘(v) $200,153,448 for fiscal year 
2020; and 
‘‘(vi) $239,542,191 for fiscal year 
2021. 
‘‘(B) TREATMENT OF FUNDS.—Funds re-
served under subparagraph (A) and apportioned 
to a State under subsection (c) shall be treated 
as if apportioned under subsection (b)(2), and 
shall be in addition to amounts apportioned 
under that subsection. 
‘‘(i) BASE APPORTIONMENT DEFINED.—In this sec-
tion, the term ‘base apportionment’ means— 
‘‘(1) the combined amount authorized for ap-
propriation for the national highway performance 
program under section 119, the surface transpor-
tation block grant program under section 133, the 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
highway safety improvement program under section 
148, the congestion mitigation and air quality im-
provement program under section 149, and to carry 
out section 134; minus 
‘‘(2) supplemental funds reserved under sub-
section (h) for the national highway performance 
program and the surface transportation block grant 
program.’’. 
SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
Section 119 of title 23, United States Code, is 
amended— 
(1) in subsection (e)(7)— 
(A) by striking ‘‘this paragraph’’ and in-
serting ‘‘section 150(e)’’; and 
(B) by inserting ‘‘under section 150(e)’’ 
after ‘‘the next report submitted’’; and 
(2) by adding at the end the following: 
‘‘(h) TIFIA PROGRAM.—At the request of a State, 
the Secretary may allow the State to use funds appor-
tioned under section 104(b)(1) to pay subsidy and admin-
istrative costs necessary to provide an eligible entity Fed-
eral credit assistance under chapter 6 with respect to a 
project eligible for assistance under this section. 
‘‘(i) ADDITIONAL FUNDING ELIGIBILITY FOR CER-
TAIN BRIDGES.— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(1) IN
GENERAL.—Funds apportioned to a 
State to carry out the national highway performance 
program may be obligated for a project for the re-
construction, resurfacing, restoration, rehabilitation, 
or preservation of a bridge not on the National 
Highway System, if the bridge is on a Federal-aid 
highway. 
‘‘(2) LIMITATION.—A State required to make 
obligations under subsection (f) shall ensure such re-
quirements are satisfied in order to use the flexi-
bility under paragraph (1).’’. 
SEC. 1106. SURFACE TRANSPORTATION BLOCK GRANT PRO-
GRAM. 
(a) FINDINGS.—Congress finds that— 
(1) the benefits of the surface transportation 
block grant program accrue principally to the resi-
dents of each State and municipality where the 
funds are obligated; 
(2) decisions about how funds should be obli-
gated are best determined by the States and munici-
palities to respond to unique local circumstances and 
implement the most efficient solutions; and 
(3) reforms of the program to promote flexi-
bility will enhance State and local control over trans-
portation decisions. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(b) SURFACE TRANSPORTATION BLOCK GRANT PRO-
GRAM.—Section 133 of title 23, United States Code, is 
amended— 
(1) by striking subsections (a), (b), (c), and (d) 
and inserting the following: 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a surface transportation block grant program in ac-
cordance with this section to provide flexible funding to 
address State and local transportation needs. 
‘‘(b) ELIGIBLE PROJECTS.—Funds apportioned to a 
State under section 104(b)(2) for the surface transpor-
tation block grant program may be obligated for the fol-
lowing: 
‘‘(1) Construction of— 
‘‘(A) highways, bridges, tunnels, including 
designated routes of the Appalachian develop-
ment highway system and local access roads 
under section 14501 of title 40; 
‘‘(B) ferry boats and terminal facilities eli-
gible for funding under section 129(c); 
‘‘(C) transit capital projects eligible for as-
sistance under chapter 53 of title 49; 
‘‘(D) infrastructure-based intelligent trans-
portation systems capital improvements; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(E) truck parking facilities eligible for 
funding under section 1401 of MAP–21 (23 
U.S.C. 137 note); and 
‘‘(F) border infrastructure projects eligible 
for funding under section 1303 of SAFETEA– 
LU (23 U.S.C. 101 note). 
‘‘(2) Operational improvements and capital and 
operating costs for traffic monitoring, management, 
and control facilities and programs. 
‘‘(3) Environmental measures eligible under 
sections 119(g), 328, and 329 and transportation 
control measures listed in section 108(f)(1)(A) 
(other than clause (xvi) of that section) of the Clean 
Air Act (42 U.S.C. 7408(f)(1)(A)). 
‘‘(4) Highway and transit safety infrastructure 
improvements and programs. 
‘‘(5) Fringe and corridor parking facilities and 
programs in accordance with section 137 and car-
pool projects in accordance with section 146. 
‘‘(6) Recreational trails projects eligible for 
funding under section 206, pedestrian and bicycle 
projects in accordance with section 217 (including 
modifications to comply with accessibility require-
ments under the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.)), and the safe 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
routes to school program under section 1404 of 
SAFETEA–LU (23 U.S.C. 402 note). 
‘‘(7) Planning, design, or construction of boule-
vards and other roadways largely in the right-of-way 
of former Interstate System routes or other divided 
highways. 
‘‘(8) Development and implementation of a 
State asset management plan for the National High-
way System and a performance-based management 
program for other public roads. 
‘‘(9) Protection (including painting, scour coun-
termeasures, seismic retrofits, impact protection 
measures, security countermeasures, and protection 
against extreme events) for bridges (including ap-
proaches to bridges and other elevated structures) 
and tunnels on public roads, and inspection and 
evaluation of bridges and tunnels and other highway 
assets. 
‘‘(10) Surface transportation planning pro-
grams, highway and transit research and develop-
ment and technology transfer programs, and work-
force development, training, and education under 
chapter 5 of this title. 
‘‘(11) Surface transportation infrastructure 
modifications to facilitate direct intermodal inter-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
change, transfer, and access into and out of a port 
terminal. 
‘‘(12) Projects and strategies designed to sup-
port congestion pricing, including electronic toll col-
lection and travel demand management strategies 
and programs. 
‘‘(13) At the request of a State, and with the 
Secretary’s approval, subsidy and administrative 
costs necessary to provide an eligible entity Federal 
credit assistance under chapter 6 with respect to a 
project eligible for assistance under this section. 
‘‘(14) The creation and operation by a State of 
an office to assist in the design, implementation, and 
oversight of public-private partnerships eligible to re-
ceive funding under this title and chapter 53 of title 
49, and the payment of a stipend to unsuccessful 
private bidders to offset their proposal development 
costs, if necessary to encourage robust competition 
in public-private partnership procurements. 
‘‘(15) Any project eligible under this section as 
in effect on the day before the date of enactment of 
the Surface Transportation Reauthorization and Re-
form Act of 2015, including projects described under 
section 101(a)(29) as in effect on such day. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(c) LOCATION OF PROJECTS.—A surface transpor-
tation block grant project may not be undertaken on a 
road functionally classified as a local road or a rural minor 
collector unless the road was on a Federal-aid highway 
system on January 1, 1991, except— 
‘‘(1) for a bridge or tunnel project (other than 
the construction of a new bridge or tunnel at a new 
location); 
‘‘(2) for a project described in paragraphs (4) 
through (11) of subsection (b); 
‘‘(3) 
for 
a 
project 
described 
in 
section 
101(a)(29), as in effect on the day before the date 
of enactment of the Surface Transportation Reau-
thorization and Reform Act of 2015; and 
‘‘(4) as approved by the Secretary. 
‘‘(d) ALLOCATIONS
OF APPORTIONED FUNDS
TO 
AREAS BASED ON POPULATION.— 
‘‘(1) CALCULATION.—Of the funds apportioned 
to a State under section 104(b)(2) (after the res-
ervation of funds under subsection (h))— 
‘‘(A) the percentage specified in paragraph 
(6) for a fiscal year shall be obligated under 
this section, in proportion to their relative 
shares of the population of the State— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(i) in urbanized areas of the State 
with an urbanized area population 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 
‘‘(B) the remainder may be obligated in 
any area of the State. 
‘‘(2) METROPOLITAN AREAS.—Funds attributed 
to an urbanized area under paragraph (1)(A)(i) may 
be obligated in the metropolitan area established 
under section 134 that encompasses the urbanized 
area. 
‘‘(3) CONSULTATION WITH REGIONAL TRANS-
PORTATION
PLANNING
ORGANIZATIONS.—For pur-
poses of paragraph (1)(A)(iii), before obligating 
funding attributed to an area with a population 
greater than 5,000 and less than 200,000, a State 
shall consult with the regional transportation plan-
ning organizations that represent the area, if any. 
‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS 
OF OVER 200,000 POPULATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the amount of funds that a 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
State is required to obligate under paragraph 
(1)(A)(i) shall be obligated in urbanized areas 
described in paragraph (1)(A)(i) based on the 
relative population of the areas. 
‘‘(B) OTHER
FACTORS.—The State may 
obligate the funds described in subparagraph 
(A) based on other factors if the State and the 
relevant metropolitan planning organizations 
jointly apply to the Secretary for the permission 
to base the obligation on other factors and the 
Secretary grants the request. 
‘‘(5) APPLICABILITY
OF
PLANNING
REQUIRE-
MENTS.—Programming and expenditure of funds for 
projects under this section shall be consistent with 
sections 134 and 135. 
‘‘(6) PERCENTAGE.—The percentage referred to 
in paragraph (1)(A) is— 
‘‘(A) for fiscal year 2016, 51 percent; 
‘‘(B) for fiscal year 2017, 52 percent; 
‘‘(C) for fiscal year 2018, 53 percent; 
‘‘(D) for fiscal year 2019, 54 percent; 
‘‘(E) for fiscal year 2020, 55 percent; and 
‘‘(F) for fiscal year 2021, 55 percent.’’; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(2) by striking the section heading and insert-
ing ‘‘Surface transportation block grant 
program’’; 
(3) by striking subsection (e); 
(4) by redesignating subsections (f) through (h) 
as subsections (e) through (g), respectively; 
(5) in subsection (e)(1), as redesignated by this 
subsection— 
(A) by striking ‘‘104(b)(3)’’ and inserting 
‘‘104(b)(2)’’; and 
(B) by striking ‘‘fiscal years 2011 through 
2014’’ and inserting ‘‘fiscal years 2016 through 
2021’’; 
(6) in subsection (g)(1), as redesignated by this 
subsection, 
by 
striking 
‘‘under 
subsection 
(d)(1)(A)(iii) for each of fiscal years 2013 through 
2014’’ and inserting ‘‘under subsection (d)(1)(A)(ii) 
for each of fiscal years 2016 through 2021’’; and 
(7) by adding at the end the following: 
‘‘(h) STP SET-ASIDE.— 
‘‘(1) RESERVATION OF FUNDS.—Of the funds 
apportioned to a State under section 104(b)(2) for 
each fiscal year, the Secretary shall reserve an 
amount such that— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(A) the Secretary reserves a total of 
$819,900,000 under this subsection; and 
‘‘(B) the State’s share of that total is de-
termined by multiplying the amount under sub-
paragraph (A) by the ratio that— 
‘‘(i) the amount apportioned to the 
State for the transportation enhancements 
program for fiscal year 2009 under section 
133(d)(2), as in effect on the day before 
the date of enactment of MAP–21; bears 
to 
‘‘(ii) the total amount of funds appor-
tioned to all States for the transportation 
enhancements program for fiscal year 
2009. 
‘‘(2) ALLOCATION WITHIN A STATE.—Funds re-
served for a State under paragraph (1) shall be obli-
gated within that State in the manner described in 
subsection (d), except that, for purposes of this 
paragraph (after funds are made available under 
paragraph (5))— 
‘‘(A) for each fiscal year, the percentage 
referred to in paragraph (1)(A) of that sub-
section shall be deemed to be 50 percent; and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(B) the following provisions shall not 
apply: 
‘‘(i) Paragraph (3) of subsection (d). 
‘‘(ii) Subsection (e). 
‘‘(3) ELIGIBLE
PROJECTS.—Funds reserved 
under this subsection may be obligated for projects 
or activities described in section 101(a)(29) or 213, 
as such provisions were in effect on the day before 
the date of enactment of the Surface Transportation 
Reauthorization and Reform Act of 2015. 
‘‘(4) ACCESS TO FUNDS.— 
‘‘(A) IN GENERAL.—A State or metropoli-
tan planning organization required to obligate 
funds in accordance with paragraph (2) shall 
develop a competitive process to allow eligible 
entities to submit projects for funding that 
achieve the objectives of this subsection. A met-
ropolitan planning organization for an area de-
scribed in subsection (d)(1)(A)(i) shall select 
projects under such process in consultation with 
the relevant State. 
‘‘(B) ELIGIBLE ENTITY DEFINED.—In this 
paragraph, the term ‘eligible entity’ means— 
‘‘(i) a local government; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(ii) a regional transportation author-
ity; 
‘‘(iii) a transit agency; 
‘‘(iv) a natural resource or public land 
agency; 
‘‘(v) a school district, local education 
agency, or school; 
‘‘(vi) a tribal government; and 
‘‘(vii) any other local or regional gov-
ernmental entity with responsibility for or 
oversight of transportation or recreational 
trails (other than a metropolitan planning 
organization or a State agency) that the 
State determines to be eligible, consistent 
with the goals of this subsection. 
‘‘(5) 
CONTINUATION
OF
CERTAIN
REC-
REATIONAL
TRAILS
PROJECTS.—For each fiscal 
year, a State shall— 
‘‘(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), as in effect on 
the day before the date of enactment of MAP– 
21, for projects relating to recreational trails 
under section 206; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(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 in subsection (d)(3)(A) 
of that section. 
‘‘(6) STATE FLEXIBILITY.— 
‘‘(A) RECREATIONAL
TRAILS.—A State 
may opt out of the recreational trails program 
under paragraph (5) if the Governor of the 
State notifies the Secretary not later than 30 
days prior to apportionments being made for 
any fiscal year. 
‘‘(B) LARGE URBANIZED AREAS.—A met-
ropolitan planning area may use not to exceed 
50 percent of the funds reserved under this 
subsection for an urbanized area described in 
subsection (d)(1)(A)(i) for any purpose eligible 
under subsection (b). 
‘‘(i) TREATMENT
OF PROJECTS.—Notwithstanding 
any other provision of law, projects funded under this sec-
tion (excluding those carried out under subsection (h)(5)) 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
shall be treated as projects on a Federal-aid highway 
under this chapter.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) SECTION
126.—Section 126(b)(2) of title 
23, United States Code, is amended— 
(A) by striking ‘‘section 213’’ and insert-
ing ‘‘section 133(h)’’; and 
(B) by striking ‘‘section 213(c)(1)(B)’’ and 
inserting ‘‘section 133(h)’’. 
(2) SECTION
213.—Section 213 of title 23, 
United States Code, is repealed. 
(3) SECTION
322.—Section 322(h)(3) of title 
23, United States Code, is amended by striking 
‘‘surface transportation program’’ and inserting 
‘‘surface transportation block grant program’’. 
(4) SECTION
504.—Section 504(a)(4) of title 
23, United States Code, is amended— 
(A) by striking ‘‘104(b)(3)’’ and inserting 
‘‘104(b)(2)’’; and 
(B) by striking ‘‘surface transportation 
program’’ and inserting ‘‘surface transportation 
block grant program’’. 
(5) CHAPTER 1.—Chapter 1 of title 23, United 
States Code, is amended by striking ‘‘surface trans-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
portation program’’ each place it appears and insert-
ing ‘‘surface transportation block grant program’’. 
(6) CHAPTER ANALYSES.— 
(A) CHAPTER 1.—The analysis for chapter 
1 of title 23, United States Code, is amended 
by striking the item relating to section 133 and 
inserting the following: 
‘‘133. Surface transportation block grant program.’’. 
(B) CHAPTER 2.—The item relating to sec-
tion 213 in the analysis for chapter 2 of title 
23, United States Code, is repealed. 
(7) OTHER
REFERENCES.—Any reference in 
any other law, regulation, document, paper, or other 
record of the United States to the surface transpor-
tation program under section 133 of title 23, United 
States Code, shall be deemed to be a reference to the 
surface transportation block grant program under 
such section. 
SEC. 1107. RAILWAY-HIGHWAY GRADE CROSSINGS. 
Section 130(e)(1) of title 23, United States Code, is 
amended to read as follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) SET ASIDE.—Before making an ap-
portionment under section 104(b)(3) for a fiscal 
year, the Secretary shall set aside, from 
amounts made available to carry out the high-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
way safety improvement program under section 
148 for such fiscal year, for the elimination of 
hazards and the installation of protective de-
vices at railway-highway crossings at least— 
‘‘(i) $225,000,000 for fiscal year 
2016; 
‘‘(ii) $230,000,000 for fiscal year 
2017; 
‘‘(iii) $235,000,000 for fiscal year 
2018; 
‘‘(iv) $240,000,000 for fiscal year 
2019; 
‘‘(v) $245,000,000 for fiscal year 
2020; and 
‘‘(vi) $250,000,000 for fiscal year 
2021. 
‘‘(B) INSTALLATION OF PROTECTIVE DE-
VICES.—At least 1⁄2 of the funds set aside each 
fiscal year under subparagraph (A) shall be 
available for the installation of protective de-
vices at railway-highway crossings. 
‘‘(C) OBLIGATION
AVAILABILITY.—Sums 
set aside each fiscal year under subparagraph 
(A) shall be available for obligation in the same 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
manner as funds apportioned under section 
104(b)(1) of this title.’’. 
SEC. 1108. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
(a) DEFINITIONS.— 
(1) IN GENERAL.—Section 148(a) of title 23, 
United States Code, is amended— 
(A) in paragraph (4)(B)— 
(i) in the matter preceding clause (i), 
by striking ‘‘includes, but is not limited 
to,’’ and inserting ‘‘only includes’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(xxv) Installation of vehicle-to-infra-
structure communication equipment. 
‘‘(xxvi) Pedestrian hybrid beacons. 
‘‘(xxvii) Roadway improvements that 
provide separation between pedestrians and 
motor vehicles, including medians and pe-
destrian crossing islands. 
‘‘(xxviii) A physical infrastructure 
safety project not described in clauses (i) 
through (xxvii).’’; 
(B) by striking paragraph (10); and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(C) by redesignating paragraphs (11) 
through (13) as paragraphs (10) through (12), 
respectively. 
(2) CONFORMING AMENDMENTS.—Section 148 
of title 23, United States Code, is amended— 
(A) in subsection (c)(1)(A) by striking 
‘‘subsections (a)(12)’’ and inserting ‘‘sub-
sections (a)(11)’’; and 
(B) in subsection (d)(2)(B)(i) by striking 
‘‘subsection (a)(12)’’ and inserting ‘‘subsection 
(a)(11)’’. 
(b) DATA COLLECTION.—Section 148(f) of title 23, 
United States Code, is amended by adding at the end the 
following: 
‘‘(3) PROCESS.—The Secretary shall establish a 
process to allow a State to cease to collect the subset 
referred to in paragraph (2)(A) for public roads that 
are gravel roads or otherwise unpaved if— 
‘‘(A) the State does not use funds provided 
to carry out this section for a project on such 
roads until the State completes a collection of 
the required model inventory of roadway ele-
ments for the roads; and 
‘‘(B) the State demonstrates that the State 
consulted with affected Indian tribes before 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
ceasing to collect data with respect to such 
roads that are included in the National Tribal 
Transportation Facility Inventory. 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (3) may be construed to allow a State to 
cease data collection related to serious injuries or fa-
talities.’’. 
(c) RURAL ROAD SAFETY.—Section 148(g)(1) of title 
23, United States Code, is amended— 
(1) by striking ‘‘If the fatality rate’’ and insert-
ing the following: 
‘‘(A) IN GENERAL.—If the fatality rate’’; 
and 
(2) by adding at the end the following: 
‘‘(B) FATALITIES EXCEEDING THE MEDIAN 
RATE.—If the fatality rate on rural roads in a 
State, for the most recent 2-year period for 
which data is available, is more than the me-
dian fatality rate for rural roads among all 
States for such 2-year period, the State shall be 
required to demonstrate, in the subsequent 
State strategic highway safety plan of the 
State, strategies to address fatalities and 
achieve safety improvements on high risk rural 
roads.’’. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(d) COMMERCIAL MOTOR VEHICLE SAFETY BEST 
PRACTICES.— 
(1) REVIEW.—The Secretary shall conduct a re-
view of best practices with respect to the implemen-
tation of roadway safety infrastructure improve-
ments that— 
(A) are cost effective; and 
(B) reduce the number or severity of acci-
dents involving commercial motor vehicles. 
(2) CONSULTATION.—In conducting the review 
under paragraph (1), the Secretary shall consult 
with State transportation departments and units of 
local government. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate, and make available on the public Internet 
Web site of the Department, a report describing the 
results of the review conducted under paragraph (1). 
SEC. 1109. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM. 
(a) ELIGIBLE PROJECTS.—Section 149(b) of title 23, 
United States Code, is amended— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(1) in paragraph (7) by striking ‘‘or’’ at the 
end; 
(2) in paragraph (8) by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(9) if the project or program is for the instal-
lation of vehicle-to-infrastructure communication 
equipment.’’. 
(b) STATES FLEXIBILITY.—Section 149(d) of title 
23, United States Code, is amended to read as follows: 
‘‘(d) 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.), the State may use 
funds apportioned to the State under section 
104(b)(4) for any project in the State that— 
‘‘(A) would otherwise be eligible under sub-
section (b) if the project were carried out in a 
nonattainment or maintenance area; or 
‘‘(B) is eligible under the surface transpor-
tation block grant 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-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
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 would otherwise be eligible 
under subsection (b) if the project were carried 
out in a nonattainment or maintenance area or 
is eligible under the surface transportation 
block grant program under section 133, an 
amount of funds apportioned to such State 
under section 104(b)(4) that is equal to the 
product obtained by multiplying— 
‘‘(i) the amount apportioned to such 
State under section 104(b)(4) (excluding 
the amounts reserved for obligation under 
subsection (k)(1)); by 
‘‘(ii) the ratio calculated under sub-
paragraph (B). 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(B) RATIO.—For purposes of this para-
graph, the ratio shall be calculated as the pro-
portion that— 
‘‘(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, 
in a manner consistent with the approach that was 
in effect on the day before the date of enactment of 
MAP–21, the amount such State is permitted to ob-
ligate in any area of the State for projects eligible 
under section 133.’’. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(c) PRIORITY CONSIDERATION.—Section 149(g)(3) 
of title 23, United States Code, is amended to read as 
follows: 
‘‘(3) PRIORITY CONSIDERATION.— 
‘‘(A) IN GENERAL.—In distributing funds 
received for congestion mitigation and air qual-
ity projects and programs from apportionments 
under section 104(b)(4) in areas designated as 
nonattainment or maintenance for PM2.5 under 
the Clean Air Act (42 U.S.C. 7401 et seq.) and 
where regional motor vehicle emissions are not 
an insignificant contributor to the air quality 
problem for PM2.5, States and metropolitan 
planning organizations shall give priority to 
projects, including diesel retrofits, that are 
proven to reduce direct emissions of PM2.5. 
‘‘(B) USE OF FUNDING.—To the maximum 
extent practicable, funding used in an area de-
scribed in subparagraph (A) shall be used on 
the most cost-effective projects and programs 
that are proven to reduce directly emitted fine 
particulate matter.’’. 
(d) PRIORITY
FOR
USE
OF
FUNDS
IN
PM2.5 
AREAS.—Section 149(k) of title 23, United States Code, 
is amended— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
(1) in paragraph (1) by striking ‘‘such fine par-
ticulate’’ and inserting ‘‘directly emitted fine partic-
ulate’’; and 
(2) by adding at the end the following: 
‘‘(3) PM2.5 NONATTAINMENT
AND
MAINTE-
NANCE IN LOW POPULATION DENSITY STATES.— 
‘‘(A) EXCEPTION.—For any State with a 
population density of 80 or fewer persons per 
square mile of land area, based on the most re-
cent decennial census, subsection (g)(3) and 
paragraphs (1) and (2) of this subsection do 
not apply to a nonattainment or maintenance 
area in the State if— 
‘‘(i) the nonattainment or mainte-
nance area does not have projects that are 
part of the emissions analysis of a metro-
politan transportation plan or transpor-
tation improvement program; and 
‘‘(ii) regional motor vehicle emissions 
are an insignificant contributor to the air 
quality problem for PM2.5 in the non-
attainment or maintenance area. 
‘‘(B) CALCULATION.—If subparagraph (A) 
applies to a nonattainment or maintenance area 
in a State, the percentage of the PM2.5 set 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
aside under paragraph (1) shall be reduced for 
that State proportionately based on the weight-
ed population of the area in fine particulate 
matter nonattainment.’’. 
(e) PERFORMANCE PLAN.—Section 149(l)(1)(B) of 
title 23, United States Code, is amended by inserting 
‘‘emission and congestion reduction’’ after ‘‘achieving 
the’’. 
SEC. 1110. NATIONAL HIGHWAY FREIGHT POLICY. 
(a) IN GENERAL.—Section 167 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 167. National highway freight policy 
‘‘(a) IN GENERAL.—It is the policy of the United 
States to improve the condition and performance of the 
National Highway Freight Network established under this 
section to ensure that the Network provides a foundation 
for the United States to compete in the global economy 
and achieve the goals described in subsection (b). 
‘‘(b) GOALS.—The goals of the national highway 
freight policy are— 
‘‘(1) to invest in infrastructure improvements 
and to implement operational improvements that— 
‘‘(A) strengthen the contribution of the 
National Highway Freight Network to the eco-
nomic competitiveness of the United States; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(B) reduce congestion and bottlenecks on 
the National Highway Freight Network; and 
‘‘(C) increase productivity, particularly for 
domestic industries and businesses that create 
high-value jobs; 
‘‘(2) to improve the safety, security, and resil-
ience of highway freight transportation; 
‘‘(3) to improve the state of good repair of the 
National Highway Freight Network; 
‘‘(4) to use innovation and advanced technology 
to improve the safety, efficiency, and reliability of 
the National Highway Freight Network; 
‘‘(5) to improve the economic efficiency of the 
National Highway Freight Network; 
‘‘(6) to improve the short and long distance 
movement of goods that— 
‘‘(A) travel across rural areas between pop-
ulation centers; and 
‘‘(B) travel between rural areas and popu-
lation centers; 
‘‘(7) to improve the flexibility of States to sup-
port multi-State corridor planning and the creation 
of multi-State organizations to increase the ability of 
States to address highway freight connectivity; and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(8) to reduce the environmental impacts of 
freight movement on the National Highway Freight 
Network. 
‘‘(c) ESTABLISHMENT
OF
NATIONAL
HIGHWAY 
FREIGHT NETWORK.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a National Highway Freight Network in accord-
ance with this section to strategically direct Federal 
resources and policies toward improved performance 
of the Network. 
‘‘(2) NETWORK
COMPONENTS.—The National 
Highway Freight Network shall consist of— 
‘‘(A) the Interstate System; 
‘‘(B) non-Interstate highway segments on 
the 41,000-mile comprehensive primary freight 
network developed by the Secretary under sec-
tion 167(d) as in effect on the day before the 
date of enactment of the Surface Transpor-
tation Reauthorization and Reform Act of 
2015; and 
‘‘(C) additional non-Interstate highway 
segments designated by the States under sub-
section (d). 
‘‘(d) STATE ADDITIONS TO NETWORK.— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Surface Transportation 
Reauthorization and Reform Act of 2015, each 
State, in consultation with the State freight advisory 
committee, may increase the number of miles des-
ignated as part of the National Highway Freight 
Network by not more than 10 percent of the miles 
designated in that State under subparagraphs (A) 
and (B) of subsection (c)(2) if the additional miles— 
‘‘(A) close gaps between segments of the 
National Highway Freight Network; 
‘‘(B) establish connections from the Na-
tional Highway Freight Network to critical fa-
cilities for the efficient movement of freight, in-
cluding ports, freight railroads, international 
border crossings, airports, intermodal facilities, 
warehouse and logistics centers, and agricul-
tural facilities; or 
‘‘(C) designate critical emerging freight 
corridors. 
‘‘(2) SUBMISSION.—Each State shall— 
‘‘(A) submit to the Secretary a list of the 
additional miles added under this subsection; 
and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(B) certify that the additional miles meet 
the requirements of paragraph (1). 
‘‘(e) REDESIGNATION.— 
‘‘(1) REDESIGNATION BY SECRETARY.— 
‘‘(A) IN GENERAL.—Effective beginning 5 
years after the date of enactment of the Surface 
Transportation Reauthorization and Reform 
Act of 2015, and every 5 years thereafter, the 
Secretary shall redesignate the highway seg-
ments designated by the Secretary under sub-
section (c)(2)(B) that are on the National 
Highway Freight Network. 
‘‘(B) CONSIDERATIONS.—In redesignating 
highway segments under subparagraph (A), the 
Secretary shall consider— 
‘‘(i) changes in the origins and des-
tinations of freight movements in the 
United States; 
‘‘(ii) changes in the percentage of an-
nual average daily truck traffic in the an-
nual average daily traffic on principal arte-
rials; 
‘‘(iii) changes in the location of key 
facilities; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(iv) critical emerging freight cor-
ridors; and 
‘‘(v) network connectivity. 
‘‘(C) 
LIMITATION.—Each 
redesignation 
under subparagraph (A) may increase the mile-
age on the National Highway Freight Network 
designated by the Secretary by not more than 
3 percent. 
‘‘(2) REDESIGNATION BY STATES.— 
‘‘(A) IN GENERAL.—Effective beginning 5 
years after the date of enactment of the Surface 
Transportation Reauthorization and Reform 
Act of 2015, and every 5 years thereafter, each 
State may, in consultation with the State 
freight advisory committee, redesignate the 
highway segments designated by the State 
under subsection (c)(2)(C) that are on the Na-
tional Highway Freight Network. 
‘‘(B) CONSIDERATIONS.—In redesignating 
highway segments under subparagraph (A), the 
State shall consider— 
‘‘(i) gaps between segments of the Na-
tional Highway Freight Network; 
‘‘(ii) needed connections from the Na-
tional Highway Freight Network to critical 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
facilities for the efficient movement of 
freight, including ports, freight railroads, 
international border crossings, airports, 
intermodal facilities, warehouse and logis-
tics centers, and agricultural facilities; and 
‘‘(iii) critical emerging freight cor-
ridors. 
‘‘(C) 
LIMITATION.—Each 
redesignation 
under subparagraph (A) may increase the mile-
age on the National Highway Freight Network 
designated by the State by not more than 3 
percent. 
‘‘(D) RESUBMISSION.—Each State, under 
the advisement of the State freight advisory 
committee, shall— 
‘‘(i) submit to the Secretary a list of 
the miles redesignated under this para-
graph; and 
‘‘(ii) certify that the redesignated 
miles meet the requirements of subsection 
(d)(1).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
ing the item relating to section 167 and inserting the fol-
lowing: 
‘‘167. National highway freight policy.’’. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6211
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 1111. NATIONALLY SIGNIFICANT FREIGHT AND HIGH-
WAY PROJECTS. 
(a) IN GENERAL.—Title 23, United States Code, is 
amended by inserting after section 116 the following: 
‘‘§ 117. Nationally significant freight and highway 
projects 
‘‘(a) ESTABLISHMENT.—There is established a na-
tionally significant freight and highway projects program 
to provide financial assistance for projects of national or 
regional significance that will— 
‘‘(1) improve the safety, efficiency, and reli-
ability of the movement of freight and people; 
‘‘(2) generate national or regional economic 
benefits and an increase in the global economic com-
petitiveness of the United States; 
‘‘(3) reduce highway congestion and bottle-
necks; 
‘‘(4) improve connectivity between modes of 
freight transportation; or 
‘‘(5) enhance the strength, durability, and serv-
iceability of critical highway infrastructure. 
‘‘(b) GRANT AUTHORITY.—In carrying out the pro-
gram established in subsection (a), the Secretary may 
make grants, on a competitive basis, in accordance with 
this section. 
‘‘(c) ELIGIBLE APPLICANTS.— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(1) IN GENERAL.—The Secretary may make a 
grant under this section to the following: 
‘‘(A) A State or group of States. 
‘‘(B) A metropolitan planning organization 
that serves an urbanized area (as defined by 
the Bureau of the Census) with a population of 
more than 200,000 individuals. 
‘‘(C) A unit of local government. 
‘‘(D) A special purpose district or public 
authority with a transportation function, includ-
ing a port authority. 
‘‘(E) A Federal land management agency 
that applies jointly with a State or group of 
States. 
‘‘(2) APPLICATIONS.—To be eligible for a grant 
under this section, an entity specified in paragraph 
(1) shall submit to the Secretary an application in 
such form, at such time, and containing such infor-
mation as the Secretary determines is appropriate. 
‘‘(d) ELIGIBLE PROJECTS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (h), the Secretary may make a grant under 
this section only for a project that— 
‘‘(A) is— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(i) a freight project carried out on 
the National Highway Freight Network es-
tablished under section 167 of this title; 
‘‘(ii) a highway or bridge project car-
ried out on the National Highway System; 
‘‘(iii) an intermodal or rail freight 
project carried out on the National 
Multimodal Freight Network established 
under section 70103 of title 49; or 
‘‘(iv) a railway-highway grade crossing 
or grade separation project; and 
‘‘(B) has eligible project costs that are rea-
sonably anticipated to equal or exceed the lesser 
of— 
‘‘(i) $100,000,000; or 
‘‘(ii) in the case of a project— 
‘‘(I) located in 1 State, 30 per-
cent of the amount apportioned under 
this chapter to the State in the most 
recently completed fiscal year; or 
‘‘(II) located in more than 1 
State, 50 percent of the amount ap-
portioned under this chapter to the 
participating State with the largest 
apportionment under this chapter in 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
the most recently completed fiscal 
year. 
‘‘(2) LIMITATION.— 
‘‘(A) 
IN
GENERAL.—Not 
more 
than 
$500,000,000 of the amounts made available 
for grants under this section for fiscal years 
2016 through 2021, in the aggregate, may be 
used to make grants for projects described in 
paragraph (1)(A)(iii) and such a project may 
only receive a grant under this section if— 
‘‘(i) the project will make a significant 
improvement to freight movements on the 
National Highway Freight Network; and 
‘‘(ii) the Federal share of the project 
funds only elements of the project that 
provide public benefits. 
‘‘(B) EXCLUSIONS.—The limitation under 
subparagraph (A) shall— 
‘‘(i) not apply to a railway-highway 
grade crossing or grade separation project; 
and 
‘‘(ii) with respect to a multimodal 
project, shall apply only to the non-high-
way portion or portions of the project. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(e) ELIGIBLE PROJECT COSTS.—Grant amounts re-
ceived for a project under this section may be used for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
design work, and other preconstruction activities; 
and 
‘‘(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 
make a grant for a project described under subsection (d) 
only if the relevant applicant demonstrates that— 
‘‘(1) the project will generate national or re-
gional economic, mobility, or safety benefits; 
‘‘(2) the project will be cost effective; 
‘‘(3) the project will contribute to the accom-
plishment of 1 or more of the national goals de-
scribed under section 150 of this title; 
‘‘(4) the project is based on the results of pre-
liminary engineering; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(5) with respect to related non-Federal finan-
cial commitments— 
‘‘(A) 1 or more stable and dependable 
sources of funding and financing are available 
to construct, maintain, and operate the project; 
and 
‘‘(B) contingency amounts are available to 
cover unanticipated cost increases; 
‘‘(6) the project cannot be easily addressed 
using other funding available to the project sponsor 
under this chapter; and 
‘‘(7) the project is reasonably expected to begin 
construction not later than 18 months after the date 
of obligation of funds for the project. 
‘‘(g) ADDITIONAL CONSIDERATIONS.—In making a 
grant under this section, the Secretary shall consider— 
‘‘(1) the extent to which a project utilizes non-
traditional financing, innovative design and con-
struction techniques, or innovative technologies; 
‘‘(2) the amount and source of non-Federal 
contributions with respect to the proposed project; 
and 
‘‘(3) the need for geographic diversity among 
grant recipients, including the need for a balance be-
tween the needs of rural and urban communities. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(h) RESERVED AMOUNTS.— 
‘‘(1) IN GENERAL.—The Secretary shall reserve 
not less than 10 percent of the amounts made avail-
able for grants under this section each fiscal year to 
make grants for projects described in subsection 
(d)(1)(A)(i) that do not satisfy the minimum thresh-
old under subsection (d)(1)(B). 
‘‘(2) GRANT AMOUNT.—Each grant made under 
this subsection shall be in an amount that is at least 
$5,000,000. 
‘‘(3) PROJECT SELECTION CONSIDERATIONS.— 
In addition to other applicable requirements, in 
making grants under this subsection the Secretary 
shall consider— 
‘‘(A) the cost effectiveness of the proposed 
project; and 
‘‘(B) the effect of the proposed project on 
mobility in the State and region in which the 
project is carried out. 
‘‘(4) EXCESS FUNDING.—In any fiscal year in 
which qualified applications for grants under this 
subsection will not allow for the amount reserved 
under paragraph (1) to be fully utilized, the Sec-
retary shall use the unutilized amounts to make 
other grants under this section. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(5) RURAL AREAS.—The Secretary shall re-
serve not less than 20 percent of the amounts made 
available for grants under this section, including the 
amounts made available under paragraph (1), each 
fiscal year to make grants for projects located in 
rural areas. 
‘‘(i) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the 
cost of a project assisted with a grant under this 
section may not exceed 50 percent. 
‘‘(2) NON-FEDERAL
SHARE.—Funds appor-
tioned to a State under section 104(b)(1) or 
104(b)(2) may be used to satisfy the non-Federal 
share of the cost of a project for which a grant is 
made under this section so long as the total amount 
of Federal funding for the project does not exceed 
80 percent of project costs. 
‘‘(j) AGREEMENTS TO COMBINE AMOUNTS.—Two or 
more entities specified in subsection (c)(1) may combine, 
pursuant to an agreement entered into by the entities, any 
part of the amounts provided to the entities from grants 
under this section for a project for which the relevant 
grants were made if— 
‘‘(1) the agreement will benefit each entity en-
tering into the agreement; and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(2) the agreement is not in violation of a law 
of any such entity. 
‘‘(k) TREATMENT
OF FREIGHT PROJECTS.—Not-
withstanding any other provision of law, a freight project 
carried out under this section shall be treated as if the 
project is located on a Federal-aid highway. 
‘‘(l) TIFIA PROGRAM.—At the request of an eligible 
applicant under this section, the Secretary may use 
amounts awarded to the entity to pay subsidy and admin-
istrative costs necessary to provide the entity Federal 
credit assistance under chapter 6 with respect to the 
project for which the grant was awarded. 
‘‘(m) CONGRESSIONAL NOTIFICATION.— 
‘‘(1) NOTIFICATION.—At least 60 days before 
making a grant for a project under this section, the 
Secretary shall notify, in writing, the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment 
and Public Works of the Senate of the proposed 
grant. The notification shall include an evaluation 
and justification for the project and the amount of 
the proposed grant award. 
‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Sec-
retary may not make a grant or any other obligation 
or commitment to fund a project under this section 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
if a joint resolution is enacted disapproving funding 
for the project before the last day of the 60-day pe-
riod described in paragraph (1).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by insert-
ing after the item relating to section 116 the following: 
‘‘117. Nationally significant freight and highway projects.’’. 
(c) REPEAL.—Section 1301 of SAFETEA–LU (23 
U.S.C. 101 note), and the item relating to that section 
in the table of contents in section 1(b) of such Act, are 
repealed. 
SEC. 1112. TERRITORIAL AND PUERTO RICO HIGHWAY PRO-
GRAM. 
Section 165(a) of title 23, United States Code, is 
amended— 
(1) 
in 
paragraph 
(1) 
by 
striking 
‘‘$150,000,000’’ and inserting ‘‘$158,000,000’’; and 
(2) in paragraph (2) by striking ‘‘$40,000,000’’ 
and inserting ‘‘$42,000,000’’. 
SEC. 1113. FEDERAL LANDS AND TRIBAL TRANSPORTATION 
PROGRAM. 
Section 201(c)(6) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(C) TRIBAL DATA COLLECTION.—In addi-
tion to the data to be collected under subpara-
graph (A), not later than 90 days after the last 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
day of each fiscal year, any entity carrying out 
a project under the tribal transportation pro-
gram under section 202 shall submit to the Sec-
retary and the Secretary of the Interior, based 
on obligations and expenditures under the tribal 
transportation program during the preceding 
fiscal year, the following data: 
‘‘(i) The names of projects and activi-
ties carried out by the entity under the 
tribal transportation program during the 
preceding fiscal year. 
‘‘(ii) A description of the projects and 
activities identified under clause (i). 
‘‘(iii) The current status of the 
projects and activities identified under 
clause (i). 
‘‘(iv) An estimate of the number of 
jobs created and the number of jobs re-
tained by the projects and activities identi-
fied under clause (i).’’. 
SEC. 1114. TRIBAL TRANSPORTATION PROGRAM. 
Section 202(a)(6) of title 23, United States Code, is 
amended by striking ‘‘6 percent’’ and inserting ‘‘5 per-
cent’’. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 1115. FEDERAL LANDS TRANSPORTATION PROGRAM. 
Section 203 of title 23, United States Code, is 
amended— 
(1) in subsection (a)(1)(B) by striking ‘‘oper-
ation’’ and inserting ‘‘capital, operations,’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(B)— 
(i) in clause (iv) by striking ‘‘and’’ at 
the end; 
(ii) in clause (v) by striking the period 
at the end and inserting a semicolon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(vi) the Bureau of Reclamation; and 
‘‘(vii) independent Federal agencies 
with natural resource and land manage-
ment responsibilities.’’; and 
(B) in paragraph (2)(B)— 
(i) in the matter preceding clause (i) 
by inserting ‘‘performance management, 
including’’ after ‘‘support’’; and 
(ii) in clause (i)(II) by striking ‘‘, 
and’’ and inserting ‘‘; and’’; and 
(3) in subsection (c)(2)(B) by adding at the end 
the following: 
‘‘(vi) The Bureau of Reclamation.’’. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 1116. TRIBAL TRANSPORTATION SELF-GOVERNANCE 
PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United 
States Code, is amended by inserting after section 206 the 
following: 
‘‘SEC. 207. TRIBAL TRANSPORTATION SELF-GOVERNANCE 
PROGRAM. 
‘‘(a) ESTABLISHMENT.—Subject to the requirements 
of this section, the Secretary shall establish and carry out 
a program to be known as the tribal transportation self- 
governance program. The Secretary may delegate respon-
sibilities for administration of the program as the Sec-
retary determines appropriate. 
‘‘(b) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), an Indian tribe shall be eligible to partici-
pate in the program if the Indian tribe requests par-
ticipation in the program by resolution or other offi-
cial action by the governing body of the Indian tribe, 
and demonstrates, for the preceding 3 fiscal years, 
financial stability and financial management capa-
bility, and transportation program management ca-
pability. 
‘‘(2) CRITERIA FOR DETERMINING FINANCIAL 
STABILITY
AND
FINANCIAL
MANAGEMENT
CAPAC-
ITY.—For the purposes of paragraph (1), evidence 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
that, during the preceding 3 fiscal years, an Indian 
tribe had no uncorrected significant and material 
audit exceptions in the required annual audit of the 
Indian tribe’s self-determination contracts or self- 
governance funding agreements with any Federal 
agency shall be conclusive evidence of the required 
financial stability and financial management capa-
bility. 
‘‘(3) CRITERIA FOR DETERMINING TRANSPOR-
TATION PROGRAM MANAGEMENT CAPABILITY.—The 
Secretary shall require an Indian tribe to dem-
onstrate transportation program management capa-
bility, including the capability to manage and com-
plete projects eligible under this title and projects el-
igible under chapter 53 of title 49, to gain eligibility 
for the program. 
‘‘(c) COMPACTS.— 
‘‘(1) COMPACT REQUIRED.—Upon the request 
of an eligible Indian tribe, and subject to the re-
quirements of this section, the Secretary shall nego-
tiate and enter into a written compact with the In-
dian tribe for the purpose of providing for the par-
ticipation of the Indian tribe in the program. 
‘‘(2) CONTENTS.—A compact entered into 
under paragraph (1) shall set forth the general 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
terms of the government-to-government relationship 
between the Indian tribe and the United States 
under the program and other terms that will con-
tinue to apply in future fiscal years. 
‘‘(3) AMENDMENTS.—A compact entered into 
with an Indian tribe under paragraph (1) may be 
amended only by mutual agreement of the Indian 
tribe and the Secretary. 
‘‘(d) ANNUAL FUNDING AGREEMENTS.— 
‘‘(1) FUNDING AGREEMENT REQUIRED.—After 
entering into a compact with an Indian tribe under 
subsection (c), the Secretary shall negotiate and 
enter into a written annual funding agreement with 
the Indian tribe. 
‘‘(2) CONTENTS.— 
‘‘(A) IN GENERAL.— 
‘‘(i) FORMULA FUNDING AND DISCRE-
TIONARY GRANTS.—A funding agreement 
entered into with an Indian tribe shall au-
thorize the Indian tribe, as determined by 
the Indian tribe, to plan, conduct, consoli-
date, administer, and receive full tribal 
share funding, tribal transit formula fund-
ing, and funding to tribes from discre-
tionary and competitive grants adminis-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
tered by the Department for all programs, 
services, functions, and activities (or por-
tions thereof) that are made available to 
Indian tribes to carry out tribal transpor-
tation programs and programs, services, 
functions, and activities (or portions there-
of) administered by the Secretary that are 
otherwise available to Indian tribes. 
‘‘(ii) TRANSFERS OF STATE FUNDS.— 
‘‘(I) 
INCLUSION
OF
TRANS-
FERRED FUNDS IN FUNDING AGREE-
MENT.—A funding agreement entered 
into with an Indian tribe shall include 
Federal-aid funds apportioned to a 
State under chapter 1 if the State 
elects to provide a portion of such 
funds to the Indian tribe for a project 
eligible under section 202(a). 
‘‘(II) 
METHOD
FOR
TRANS-
FERS.—If a State elects to provide 
funds described in subclause (I) to an 
Indian tribe, the State shall transfer 
the funds back to the Secretary and 
the Secretary shall transfer the funds 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
to the Indian tribe in accordance with 
this section. 
‘‘(III) 
RESPONSIBILITY
FOR 
TRANSFERRED
FUNDS.—Notwith-
standing any other provision of law, if 
a State provides funds described in 
subclause (I) to an Indian tribe— 
‘‘(aa) the State shall not be 
responsible for constructing or 
maintaining a project carried out 
using the funds or for admin-
istering or supervising the project 
or funds during the applicable 
statute of limitations period re-
lated to the construction of the 
project; and 
‘‘(bb) the Indian tribe shall 
be responsible for constructing 
and maintaining a project carried 
out using the funds and for ad-
ministering and supervising the 
project and funds in accordance 
with this section during the ap-
plicable statute of limitations pe-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
riod related to the construction of 
the project. 
‘‘(B) 
ADMINISTRATION
OF
TRIBAL 
SHARES.—The tribal shares referred to in sub-
paragraph (A) shall be provided without regard 
to the agency or office of the Department with-
in which the program, service, function, or ac-
tivity (or portion thereof) is performed. 
‘‘(C) FLEXIBLE AND INNOVATIVE FINANC-
ING.— 
‘‘(i) IN GENERAL.—A funding agree-
ment entered into with an Indian tribe 
under paragraph (1) shall include provi-
sions pertaining to flexible and innovative 
financing if agreed upon by the parties. 
‘‘(ii) TERMS AND CONDITIONS.— 
‘‘(I) AUTHORITY TO ISSUE REGU-
LATIONS.—The Secretary may issue 
regulations to establish the terms and 
conditions relating to the flexible and 
innovative financing provisions re-
ferred to in clause (i). 
‘‘(II) TERMS AND CONDITIONS IN 
ABSENCE
OF
REGULATIONS.—If the 
Secretary does not issue regulations 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
under subclause (I), the terms and 
conditions relating to the flexible and 
innovative financing provisions re-
ferred to in clause (i) shall be con-
sistent with— 
‘‘(aa) 
agreements 
entered 
into by the Department under— 
‘‘(AA) 
section 
202(b)(7); and 
‘‘(BB) 
section 
202(d)(5), as in effect be-
fore the date of enactment 
of MAP–21 (Public Law 
112–141); or 
‘‘(bb) regulations of the De-
partment of the Interior relating 
to flexible financing contained in 
part 170 of title 25, Code of 
Federal Regulations, as in effect 
on the date of enactment of the 
Surface 
Transportation 
Reau-
thorization and Reform Act of 
2015. 
‘‘(3) TERMS.—A funding agreement shall set 
forth— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(A) terms that generally identify the pro-
grams, services, functions, and activities (or 
portions thereof) to be performed or adminis-
tered by the Indian tribe; and 
‘‘(B) for items identified in subparagraph 
(A)— 
‘‘(i) the general budget category as-
signed; 
‘‘(ii) the funds to be provided, includ-
ing those funds to be provided on a recur-
ring basis; 
‘‘(iii) the time and method of transfer 
of the funds; 
‘‘(iv) the responsibilities of the Sec-
retary and the Indian tribe; and 
‘‘(v) any other provision agreed to by 
the Indian tribe and the Secretary. 
‘‘(4) SUBSEQUENT FUNDING AGREEMENTS.— 
‘‘(A) APPLICABILITY OF EXISTING AGREE-
MENT.—Absent notification from an Indian 
tribe that the Indian tribe is withdrawing from 
or retroceding the operation of 1 or more pro-
grams, services, functions, or activities (or por-
tions thereof) identified in a funding agreement, 
or unless otherwise agreed to by the parties, 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
each funding agreement shall remain in full 
force and effect until a subsequent funding 
agreement is executed. 
‘‘(B) EFFECTIVE
DATE
OF
SUBSEQUENT 
AGREEMENT.—The terms of the subsequent 
funding agreement shall be retroactive to the 
end of the term of the preceding funding agree-
ment. 
‘‘(5) CONSENT OF INDIAN TRIBE REQUIRED.— 
The Secretary shall not revise, amend, or require ad-
ditional terms in a new or subsequent funding agree-
ment without the consent of the Indian tribe that is 
subject to the agreement unless such terms are re-
quired by Federal law. 
‘‘(e) GENERAL PROVISIONS.— 
‘‘(1) REDESIGN AND CONSOLIDATION.— 
‘‘(A) IN
GENERAL.—An Indian tribe, in 
any manner that the Indian tribe considers to 
be in the best interest of the Indian community 
being served, may— 
‘‘(i) redesign or consolidate programs, 
services, functions, and activities (or por-
tions thereof) included in a funding agree-
ment; and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(ii) reallocate or redirect funds for 
such programs, services, functions, and ac-
tivities (or portions thereof), if the funds 
are— 
‘‘(I) expended on projects identi-
fied in a transportation improvement 
program approved by the Secretary; 
and 
‘‘(II) used in accordance with the 
requirements in— 
‘‘(aa) appropriations Acts; 
‘‘(bb) this title and chapter 
53 of title 49; and 
‘‘(cc) any other applicable 
law. 
‘‘(B) EXCEPTION.—Notwithstanding sub-
paragraph (A), if, pursuant to subsection (d), 
an Indian tribe receives a discretionary or com-
petitive grant from the Secretary or receives 
State apportioned funds, the Indian tribe shall 
use the funds for the purpose for which the 
funds were originally authorized. 
‘‘(2) RETROCESSION.— 
‘‘(A) IN GENERAL.— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(i) AUTHORITY OF INDIAN TRIBES.— 
An Indian tribe may retrocede (fully or 
partially) to the Secretary programs, serv-
ices, functions, or activities (or portions 
thereof) included in a compact or funding 
agreement. 
‘‘(ii) REASSUMPTION
OF
REMAINING 
FUNDS.—Following 
a 
retrocession 
de-
scribed in clause (i), the Secretary may— 
‘‘(I) reassume the remaining 
funding associated with the retroceded 
programs, functions, services, and ac-
tivities (or portions thereof) included 
in the applicable compact or funding 
agreement; 
‘‘(II) out of such remaining 
funds, transfer funds associated with 
Department of Interior programs, 
services, functions, or activities (or 
portions thereof) to the Secretary of 
the Interior to carry out transpor-
tation services provided by the Sec-
retary of the Interior; and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(III) distribute funds not trans-
ferred under subclause (II) in accord-
ance with applicable law. 
‘‘(iii) CORRECTION OF PROGRAMS.—If 
the Secretary makes a finding under sub-
section (f)(2)(B) and no funds are avail-
able under subsection (f)(2)(A)(ii), the 
Secretary shall not be required to provide 
additional funds to complete or correct any 
programs, functions, services, or activities 
(or portions thereof). 
‘‘(B) EFFECTIVE
DATE.—Unless the In-
dian tribe rescinds a request for retrocession, 
the retrocession shall become effective within 
the timeframe specified by the parties in the 
compact or funding agreement. In the absence 
of such a specification, the retrocession shall 
become effective on— 
‘‘(i) the earlier of— 
‘‘(I) 1 year after the date of sub-
mission of the request; or 
‘‘(II) the date on which the fund-
ing agreement expires; or 
‘‘(ii) such date as may be mutually 
agreed upon by the parties and, with re-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
spect to Department of the Interior pro-
grams, functions, services, and activities 
(or portions thereof), the Secretary of the 
Interior. 
‘‘(f) PROVISIONS RELATING TO SECRETARY.— 
‘‘(1) DECISIONMAKER.—A decision that relates 
to an appeal of the rejection of a final offer by the 
Department shall be made either— 
‘‘(A) by an official of the Department who 
holds a position at a higher organizational level 
within the Department than the level of the de-
partmental agency in which the decision that is 
the subject of the appeal was made; or 
‘‘(B) by an administrative judge. 
‘‘(2) TERMINATION OF COMPACT OR FUNDING 
AGREEMENT.— 
‘‘(A) AUTHORITY TO TERMINATE.— 
‘‘(i) PROVISION TO BE INCLUDED IN 
COMPACT
OR
FUNDING
AGREEMENT.—A 
compact or funding agreement shall in-
clude a provision authorizing the Sec-
retary, if the Secretary makes a finding de-
scribed in subparagraph (B), to— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(I) terminate the compact or 
funding agreement (or a portion 
thereof); and 
‘‘(II) reassume the remaining 
funding associated with the reassumed 
programs, functions, services, and ac-
tivities included in the compact or 
funding agreement. 
‘‘(ii) TRANSFERS OF FUNDS.—Out of 
any funds reassumed under clause (i)(II), 
the Secretary may transfer the funds asso-
ciated with Department of the Interior 
programs, functions, services, and activi-
ties (or portions thereof) to the Secretary 
of the Interior to provide continued trans-
portation services in accordance with appli-
cable law. 
‘‘(B) FINDINGS
RESULTING
IN
TERMI-
NATION.—The finding referred to in subpara-
graph (A) is a specific finding of— 
‘‘(i) imminent jeopardy to a trust 
asset, natural resources, or public health 
and safety that is caused by an act or 
omission of the Indian tribe and that 
arises out of a failure to carry out the 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
compact or funding agreement, as deter-
mined by the Secretary; or 
‘‘(ii) gross mismanagement with re-
spect to funds or programs transferred to 
the Indian tribe under the compact or 
funding agreement, as determined by the 
Secretary in consultation with the Inspec-
tor General of the Department, as appro-
priate. 
‘‘(C) PROHIBITION.—The Secretary shall 
not terminate a compact or funding agreement 
(or portion thereof) unless— 
‘‘(i) the Secretary has first provided 
written notice and a hearing on the record 
to the Indian tribe that is subject to the 
compact or funding agreement; and 
‘‘(ii) the Indian tribe has not taken 
corrective action to remedy the mis-
management of funds or programs or the 
imminent jeopardy to a trust asset, natural 
resource, or public health and safety. 
‘‘(D) EXCEPTION.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
subparagraph (C), the Secretary, upon 
written notification to an Indian tribe that 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
is subject to a compact or funding agree-
ment, may immediately terminate the com-
pact or funding agreement (or portion 
thereof) if— 
‘‘(I) the Secretary makes a find-
ing of imminent substantial and irrep-
arable jeopardy to a trust asset, nat-
ural resource, or public health and 
safety; and 
‘‘(II) the jeopardy arises out of a 
failure to carry out the compact or 
funding agreement. 
‘‘(ii) HEARINGS.—If the Secretary 
terminates a compact or funding agree-
ment (or portion thereof) under clause (i), 
the Secretary shall provide the Indian tribe 
subject to the compact or agreement with 
a hearing on the record not later than 10 
days after the date of such termination. 
‘‘(E) BURDEN OF PROOF.—In any hearing 
or appeal involving a decision to terminate a 
compact or funding agreement (or portion 
thereof) under this paragraph, the Secretary 
shall have the burden of proof in demonstrating 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
by clear and convincing evidence the validity of 
the grounds for the termination. 
‘‘(g) COST PRINCIPLES.—In administering funds re-
ceived under this section, an Indian tribe shall apply cost 
principles under the applicable Office of Management and 
Budget circular, except as modified by section 450j–1 of 
title 25, other provisions of law, or by any exemptions to 
applicable Office of Management and Budget circulars 
subsequently granted by the Office of Management and 
Budget. No other audit or accounting standards shall be 
required by the Secretary. Any claim by the Federal Gov-
ernment against the Indian tribe relating to funds received 
under a funding agreement based on any audit conducted 
pursuant to this subsection shall be subject to the provi-
sions of section 450j–1(f) of title 25. 
‘‘(h) TRANSFER
OF FUNDS.—The Secretary shall 
provide funds to an Indian tribe under a funding agree-
ment in an amount equal to— 
‘‘(1) the sum of the funding that the Indian 
tribe would otherwise receive for the program, func-
tion, service, or activity in accordance with a funding 
formula or other allocation method established under 
this title or chapter 53 of title 49; and 
‘‘(2) such additional amounts as the Secretary 
determines equal the amounts that would have been 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
withheld for the costs of the Bureau of Indian Af-
fairs for administration of the program or project. 
‘‘(i) CONSTRUCTION PROGRAMS.— 
‘‘(1) STANDARDS.—Construction projects car-
ried out under programs administered by an Indian 
tribe with funds transferred to the Indian tribe pur-
suant to a funding agreement entered into under 
this section shall be constructed pursuant to the con-
struction program standards set forth in applicable 
regulations or as specifically approved by the Sec-
retary (or the Secretary’s designee). 
‘‘(2) 
MONITORING.—Construction 
programs 
shall be monitored by the Secretary in accordance 
with applicable regulations. 
‘‘(j) FACILITATION.— 
‘‘(1) SECRETARIAL INTERPRETATION.—Except 
as otherwise provided by law, the Secretary shall in-
terpret all Federal laws, Executive orders, and regu-
lations in a manner that will facilitate— 
‘‘(A) the inclusion of programs, services, 
functions, and activities (or portions thereof) 
and funds associated therewith, in compacts 
and funding agreements; and 
‘‘(B) the implementation of the compacts 
and funding agreements. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(2) REGULATION WAIVER.— 
‘‘(A) IN GENERAL.—An Indian tribe may 
submit to the Secretary a written request to 
waive application of a regulation promulgated 
under this section with respect to a compact or 
funding agreement. The request shall identify 
the regulation sought to be waived and the 
basis for the request. 
‘‘(B) APPROVALS AND DENIALS.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the date of receipt of a written 
request under subparagraph (A), the Sec-
retary shall approve or deny the request in 
writing. 
‘‘(ii) REVIEW.—The Secretary shall 
review any application by an Indian tribe 
for a waiver bearing in mind increasing op-
portunities for using flexible policy ap-
proaches at the Indian tribal level. 
‘‘(iii) DEEMED
APPROVAL.—If the 
Secretary does not approve or deny a re-
quest submitted under subparagraph (A) 
on or before the last day of the 90-day pe-
riod referred to in clause (i), the request 
shall be deemed approved. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(iv) DENIALS.—If the application for 
a waiver is not granted, the agency shall 
provide the applicant with the reasons for 
the denial as part of the written response 
required in clause (i). 
‘‘(v) FINALITY OF DECISIONS.—A de-
cision by the Secretary under this subpara-
graph shall be final for the Department. 
‘‘(k) DISCLAIMERS.— 
‘‘(1) EXISTING
AUTHORITY.—Notwithstanding 
any other provision of law, upon the election of an 
Indian tribe, the Secretary shall— 
‘‘(A) maintain current tribal transportation 
program funding agreements and program 
agreements; or 
‘‘(B) enter into new agreements under the 
authority of section 202(b)(7). 
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this section may be construed to 
impair or diminish the authority of the Secretary 
under section 202(b)(7). 
‘‘(l) APPLICABILITY OF INDIAN SELF-DETERMINA-
TION AND EDUCATION ASSISTANCE ACT.—Except to the 
extent in conflict with this section (as determined by the 
Secretary), the following provisions of the Indian Self-De-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
termination and Education Assistance Act shall apply to 
compact and funding agreements (except that any ref-
erence to the Secretary of the Interior or the Secretary 
of Health and Human Services in such provisions shall 
be treated as a reference to the Secretary of Transpor-
tation): 
‘‘(1) Subsections (a), (b), (d), (g), and (h) of 
section 506 of such Act (25 U.S.C. 458aaa–5), re-
lating to general provisions. 
‘‘(2) Subsections (b) through (e) and (g) of sec-
tion 507 of such Act (25 U.S.C.458aaa–6), relating 
to provisions relating to the Secretary of Health and 
Human Services. 
‘‘(3) Subsections (a), (b), (d), (e), (g), (h), (i), 
and (k) of section 508 of such Act (25 U.S.C. 
458aaa–7), relating to transfer of funds. 
‘‘(4) Section 510 of such Act (25 U.S.C. 
458aaa-9), relating to Federal procurement laws and 
regulations. 
‘‘(5) Section 511 of such Act (25 U.S.C. 
458aaa–10), relating to civil actions. 
‘‘(6) Subsections (a)(1), (a)(2), and (c) through 
(f) of section 512 of such Act (25 U.S.C. 458aaa– 
11), relating to facilitation, except that subsection 
(c)(1) of that section shall be applied by substituting 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘transportation facilities and other facilities’ for 
‘school buildings, hospitals, and other facilities’. 
‘‘(7) Subsections (a) and (b) of section 515 of 
such Act (25 U.S.C. 458aaa–14), relating to dis-
claimers. 
‘‘(8) Subsections (a) and (b) of section 516 of 
such Act (25 U.S.C. 458aaa–15), relating to appli-
cation of title I provisions. 
‘‘(9) Section 518 of such Act (25 U.S.C. 
458aaa–17), relating to appeals. 
‘‘(m) DEFINITIONS.— 
‘‘(1) IN
GENERAL.—In this section, the fol-
lowing definitions apply (except as otherwise ex-
pressly provided): 
‘‘(A) 
COMPACT.—The 
term 
‘compact’ 
means a compact between the Secretary and an 
Indian tribe entered into under subsection (c). 
‘‘(B) DEPARTMENT.—The term ‘Depart-
ment’ means the Department of Transpor-
tation. 
‘‘(C) ELIGIBLE INDIAN TRIBE.—The term 
‘eligible Indian tribe’ means an Indian tribe 
that is eligible to participate in the program, as 
determined under subsection (b). 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(D) FUNDING
AGREEMENT.—The term 
‘funding agreement’ means a funding agree-
ment between the Secretary and an Indian tribe 
entered into under subsection (d). 
‘‘(E) INDIAN
TRIBE.—The term ‘Indian 
tribe’ means any Indian or Alaska Native tribe, 
band, nation, pueblo, village, or community that 
the Secretary of the Interior acknowledges to 
exist as an Indian tribe under the Federally 
Recognized Indian Tribe List Act of 1994 (25 
U.S.C. 479a). In any case in which an Indian 
tribe has authorized another Indian tribe, an 
intertribal consortium, or a tribal organization 
to plan for or carry out programs, services, 
functions, or activities (or portions thereof) on 
its behalf under this part, the authorized Indian 
tribe, intertribal consortium, or tribal organiza-
tion shall have the rights and responsibilities of 
the authorizing Indian tribe (except as other-
wise provided in the authorizing resolution or in 
this title). In such event, the term ‘Indian tribe’ 
as used in this part shall include such other au-
thorized Indian tribe, intertribal consortium, or 
tribal organization. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(F) 
PROGRAM.—The 
term 
‘program’ 
means the tribal transportation self-governance 
program established under this section. 
‘‘(G) SECRETARY.—The term ‘Secretary’ 
means the Secretary of Transportation. 
‘‘(H) TRANSPORTATION
PROGRAMS.—The 
term ‘transportation programs’ means all pro-
grams administered or financed by the Depart-
ment under this title and chapter 53 of title 49. 
‘‘(2) APPLICABILITY OF OTHER DEFINITIONS.— 
In this section, the definitions set forth in sections 
4 and 505 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b; 458aaa) 
apply, except as otherwise expressly provided in this 
section. 
‘‘(n) REGULATIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) PROMULGATION.—Not later than 90 
days after the date of enactment of the Surface 
Transportation Reauthorization and Reform 
Act of 2015, the Secretary shall initiate proce-
dures under subchapter III of chapter 5 of title 
5 to negotiate and promulgate such regulations 
as are necessary to carry out this section. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
100 
‘‘(B) PUBLICATION OF PROPOSED REGULA-
TIONS.—Proposed regulations to implement this 
section shall be published in the Federal Reg-
ister by the Secretary not later than 21 months 
after such date of enactment. 
‘‘(C) EXPIRATION
OF
AUTHORITY.—The 
authority to promulgate regulations under para-
graph (1) shall expire 30 months after such 
date of enactment. 
‘‘(D) 
EXTENSION
OF
DEADLINES.—A 
deadline set forth in paragraph (1)(B) or (1)(C) 
may be extended up to 180 days if the nego-
tiated rulemaking committee referred to in 
paragraph (2) concludes that the committee 
cannot meet the deadline and the Secretary so 
notifies the appropriate committees of Con-
gress. 
‘‘(2) COMMITTEE.— 
‘‘(A) IN
GENERAL.—A negotiated rule-
making committee established pursuant to sec-
tion 565 of title 5 to carry out this subsection 
shall have as its members only Federal and 
tribal government representatives, a majority of 
whom shall be nominated by and be representa-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
101 
tives of Indian tribes with funding agreements 
under this title. 
‘‘(B) 
REQUIREMENTS.—The 
committee 
shall confer with, and accommodate participa-
tion by, representatives of Indian tribes, inter- 
tribal consortia, tribal organizations, and indi-
vidual tribal members. 
‘‘(C) ADAPTATION OF PROCEDURES.—The 
Secretary shall adapt the negotiated rulemaking 
procedures to the unique context of self-govern-
ance and the government-to-government rela-
tionship between the United States and Indian 
tribes. 
‘‘(3) EFFECT.—The lack of promulgated regu-
lations shall not limit the effect of this section. 
‘‘(4) EFFECT OF CIRCULARS, POLICIES, MANU-
ALS, 
GUIDANCE, 
AND
RULES.—Unless expressly 
agreed to by the participating Indian tribe in the 
compact or funding agreement, the participating In-
dian tribe shall not be subject to any agency cir-
cular, policy, manual, guidance, or rule adopted by 
the Department, except regulations promulgated 
under this section.’’. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
102 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by inserting after the item relating 
to section 206 the following: 
‘‘207. Tribal transportation self-governance program.’’. 
SEC. 1117. EMERGENCY RELIEF. 
(a) ELIGIBILITY.—Section 125(d)(3) of title 23, 
United States Code, is amended— 
(1) in subparagraph (A) by striking ‘‘or’’ at the 
end; 
(2) in subparagraph (B) by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(C) projects eligible for assistance under 
this section located on Federal lands transpor-
tation facilities or other federally owned roads 
that are open to public travel (as defined in 
subsection (e)).’’. 
(b) DEFINITIONS.—Section 125(e) of title 23, United 
States Code, is amended by striking paragraph (1) and 
inserting the following: 
‘‘(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) OPEN TO PUBLIC TRAVEL.—The term 
‘open to public travel’ means, with respect to a 
road, that, except during scheduled periods, ex-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
103 
treme weather conditions, or emergencies, the 
road— 
‘‘(i) is maintained; 
‘‘(ii) is open to the general public; and 
‘‘(iii) can accommodate travel by a 
standard passenger vehicle, without restric-
tive gates or prohibitive signs or regula-
tions, other than for general traffic control 
or restrictions based on size, weight, or 
class of registration. 
‘‘(B) STANDARD
PASSENGER
VEHICLE.— 
The term ‘standard passenger vehicle’ means a 
vehicle with 6 inches of clearance from the low-
est point of the frame, body, suspension, or dif-
ferential to the ground.’’. 
SEC. 1118. HIGHWAY USE TAX EVASION PROJECTS. 
Section 143(b) of title 23, United States Code, is 
amended— 
(1) by striking paragraph (2)(A) and inserting 
the following: 
‘‘(A) IN GENERAL.—From administrative 
funds made available under section 104(a), the 
Secretary may deduct such sums as are nec-
essary, not to exceed $6,000,000 for each of fis-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
104 
cal years 2016 through 2021, to carry out this 
section.’’; 
(2) in the heading for paragraph (8) by insert-
ing ‘‘BLOCK
GRANT’’ after ‘‘SURFACE
TRANSPOR-
TATION’’; and 
(3) in paragraph (9) by inserting ‘‘, the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives, and the Committee on 
Environment and Public Works of the Senate’’ after 
‘‘the Secretary’’. 
SEC. 1119. BUNDLING OF BRIDGE PROJECTS. 
Section 144 of title 23, United States Code, is 
amended— 
(1) in subsection (c)(2)(A) by striking ‘‘the nat-
ural condition of the bridge’’ and inserting ‘‘the nat-
ural condition of the water’’; 
(2) by redesignating subsection (j) as sub-
section (k); 
(3) by inserting after subsection (i) the fol-
lowing: 
‘‘(j) BUNDLING OF BRIDGE PROJECTS.— 
‘‘(1) PURPOSE.—The purpose of this subsection 
is to save costs and time by encouraging States to 
bundle multiple bridge projects as 1 project. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
105 
‘‘(2) ELIGIBLE ENTITY DEFINED.—In this sub-
section, the term ‘eligible entity’ means an entity eli-
gible to carry out a bridge project under section 119 
or 133. 
‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eli-
gible entity may bundle 2 or more similar bridge 
projects that are— 
‘‘(A) eligible projects under section 119 or 
133; 
‘‘(B) included as a bundled project in a 
transportation improvement program under sec-
tion 134(j) or a statewide transportation im-
provement program under section 135, as appli-
cable; and 
‘‘(C) awarded to a single contractor or con-
sultant pursuant to a contract for engineering 
and design or construction between the con-
tractor and an eligible entity. 
‘‘(4) ITEMIZATION.—Notwithstanding any other 
provision of law (including regulations), a bundling 
of bridge projects under this subsection may be list-
ed as— 
‘‘(A) 1 project for purposes of sections 134 
and 135; and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
106 
‘‘(B) a single project within the applicable 
bundle. 
‘‘(5) FINANCIAL
CHARACTERISTICS.—Projects 
bundled under this subsection shall have the same fi-
nancial characteristics, including— 
‘‘(A) the same funding category or sub-
category; and 
‘‘(B) the same Federal share. 
‘‘(6) ENGINEERING
COST
REIMBURSEMENT.— 
The provisions of section 102(b) do not apply to 
projects carried out under this subsection.’’; and 
(4) in subsection (k)(2), as redesignated by 
paragraph 
(2) 
of 
this 
section, 
by 
striking 
‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’. 
SEC. 1120. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 
Section 1123(h)(1) of MAP–21 (23 U.S.C. 202 note) 
is amended by striking ‘‘fiscal years’’ and all that follows 
through the period at the end and inserting ‘‘fiscal years 
2016 through 2021.’’. 
SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
Section 147(e) of title 23, United States Code, is 
amended by striking ‘‘2013 and 2014’’ and replacing it 
with ‘‘2016 through 2021’’. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
107 
Subtitle B—Planning and 
Performance Management 
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 
Section 134 of title 23, United States Code, is 
amended— 
(1) in subsection (c)(2), by striking ‘‘and bicy-
cle transportation facilities’’ and inserting ‘‘, bicycle 
transportation facilities, and intermodal facilities 
that support intercity transportation, including 
intercity buses and intercity bus facilities’’; 
(2) in subsection (d)— 
(A) 
by 
redesignating 
paragraphs 
(3) 
through (6) as paragraphs (4) through (7), re-
spectively; 
(B) by inserting after paragraph (2) the 
following: 
‘‘(3) REPRESENTATION.— 
‘‘(A) IN GENERAL.—Designation or selec-
tion of officials or representatives under para-
graph (2) shall be determined by the metropoli-
tan planning organization according to the by-
laws or enabling statute of the organization. 
‘‘(B) 
PUBLIC
TRANSPORTATION
REP-
RESENTATIVE.—Subject to the bylaws or ena-
bling statute of the metropolitan planning orga-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
108 
nization, a representative of a provider of public 
transportation may also serve as a representa-
tive of a local municipality. 
‘‘(C) POWERS OF CERTAIN OFFICIALS.— 
An official described in paragraph (2)(B) shall 
have responsibilities, actions, duties, voting 
rights, and any other authority commensurate 
with other officials described in paragraph 
(2).’’; and 
(C) in paragraph (5) as so redesignated by 
striking ‘‘paragraph (5)’’ and inserting ‘‘para-
graph (6)’’; 
(3) in subsection (e)(4)(B), by striking ‘‘sub-
section (d)(5)’’ and inserting ‘‘subsection (d)(6)’’; 
(4) in subsection (g)(3)(A), by inserting ‘‘tour-
ism, natural disaster risk reduction,’’ after ‘‘eco-
nomic development,’’; 
(5) in subsection (h)— 
(A) in paragraph (1)— 
(i) in subparagraph (G), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (H), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
109 
(iii) by adding at the end the fol-
lowing: ‘‘(I) improve the resilience and reli-
ability of the transportation system.’’; and 
(B) in paragraph (2)(A) by striking ‘‘and 
in section 5301(c) of title 49’’ and inserting 
‘‘and the general purposes described in section 
5301 of title 49’’; 
(6) in subsection (i)— 
(A) in paragraph (2)(A)(i) by striking 
‘‘transit,’’ and inserting ‘‘public transportation 
facilities, intercity bus facilities,’’; 
(B) in paragraph (6)(A)— 
(i) by inserting ‘‘public ports,’’ before 
‘‘freight shippers,’’; and 
(ii) by inserting ‘‘(including intercity 
bus operators, employer-based commuting 
programs, such as a carpool program, van-
pool program, transit benefit program, 
parking cash-out program, shuttle pro-
gram, or telework program)’’ after ‘‘private 
providers of transportation’’; and 
(C) in paragraph (8) by striking ‘‘para-
graph 
(2)(C)’’ 
and 
inserting 
‘‘paragraph 
(2)(E)’’ each place it appears; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
110 
(7) in subsection (k)(3)(A), by inserting ‘‘(in-
cluding intercity bus operators, employer-based com-
muting programs such as a carpool program, van-
pool program, transit benefit program, parking cash- 
out program, shuttle program, or telework program), 
job access projects,’’ after ‘‘reduction’’; 
(8) in subsection (l)— 
(A) by adding a period at the end of para-
graph (1); and 
(B) in paragraph (2)(D) by striking ‘‘of 
less than 200,000’’ and inserting ‘‘with a popu-
lation of 200,000 or less’’; 
(9) in subsection (n)(1) by inserting ‘‘49’’ after 
‘‘chapter 53 of title’’; and 
(10) in subsection (p) by striking ‘‘Funds set 
aside under section 104(f)’’ and inserting ‘‘Funds 
apportioned under section 104(b)(5)’’. 
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
Section 135 of title 23, United States Code, is 
amended— 
(1) in subsection (a)(2) by striking ‘‘and bicycle 
transportation facilities’’ and inserting, ‘‘bicycle 
transportation facilities, and intermodal facilities 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
111 
that support intercity transportation, including 
intercity buses and intercity bus facilities’’; 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (G) by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (H) by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(I) improve the resilience and reliability 
of the transportation system.’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A) by striking 
‘‘and in section 5301(c) of title 49’’ and 
inserting ‘‘and the general purposes de-
scribed in section 5301 of title 49’’; 
(ii) in subparagraph (B)(ii) by strik-
ing ‘‘urbanized’’; and 
(iii) in subparagraph (C) by striking 
‘‘urbanized’’; and 
(3) in subsection (f)— 
(A) in paragraph (3)(A)(ii)— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
112 
(i) by inserting ‘‘public ports,’’ before 
‘‘freight shippers,’’; and 
(ii) by inserting ‘‘(including intercity 
bus operators, employer-based commuting 
programs, such as a carpool program, van-
pool program, transit benefit program, 
parking cash-out program, shuttle pro-
gram, or telework program)’’ after ‘‘private 
providers of transportation’’; and 
(B) in paragraph (7), in the matter pre-
ceding subparagraph (A), by striking ‘‘should’’ 
and inserting ‘‘shall’’. 
Subtitle C—Acceleration of Project 
Delivery 
SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CER-
TAIN HISTORIC SITES. 
(a) HIGHWAYS.—Section 138 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(c) SATISFACTION OF REQUIREMENTS FOR CER-
TAIN HISTORIC SITES.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) align, to the maximum extent prac-
ticable, with the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
113 
4231 et seq.) and section 306108 of title 54, in-
cluding implementing regulations; and 
‘‘(B) not later than 90 days after the date 
of enactment of this subsection, coordinate with 
the Secretary of the Interior and the Executive 
Director of the Advisory Council on Historic 
Preservation (referred to in this subsection as 
the ‘Council’) to establish procedures to satisfy 
the requirements described in subparagraph (A) 
(including regulations). 
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 
‘‘(A) IN GENERAL.—If, in an analysis re-
quired under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4231 et seq.), the 
Secretary determines that there is no feasible or 
prudent alternative to avoid use of a historic 
site, the Secretary may— 
‘‘(i) include the determination of the 
Secretary in the analysis required under 
that Act; 
‘‘(ii) provide a notice of the deter-
mination to— 
‘‘(I) each applicable State his-
toric preservation officer and tribal 
historic preservation officer; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
114 
‘‘(II) the Council, if the Council 
is participating in the consultation 
process under section 306108 of title 
54; and 
‘‘(III) the Secretary of the Inte-
rior; and 
‘‘(iii) request from the applicable pres-
ervation officer, the Council, and the Sec-
retary of the Interior a concurrence that 
the determination is sufficient to satisfy 
the requirement of subsection (a)(1). 
‘‘(B) CONCURRENCE.—If the applicable 
preservation officer, the Council, and the Sec-
retary of the Interior each provide a concur-
rence requested under subparagraph (A)(iii), no 
further analysis under subsection (a)(1) shall be 
required. 
‘‘(C) PUBLICATION.—A notice of a deter-
mination, together with each relevant concur-
rence to that determination, under subpara-
graph (A) shall be— 
‘‘(i) included in the record of decision 
or finding of no significant impact of the 
Secretary; and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
115 
‘‘(ii) posted on an appropriate Federal 
Web site by not later than 3 days after the 
date of receipt by the Secretary of all con-
currences requested under subparagraph 
(A)(iii). 
‘‘(3) ALIGNING HISTORICAL REVIEWS.— 
‘‘(A) IN GENERAL.—If the Secretary, the 
applicable preservation officer, the Council, and 
the Secretary of the Interior concur that no fea-
sible and prudent alternative exists as described 
in paragraph (2), the Secretary may provide to 
the applicable preservation officer, the Council, 
and the Secretary of the Interior notice of the 
intent of the Secretary to satisfy the require-
ments of subsection (a)(2) through the con-
sultation requirements of section 306108 of 
title 54. 
‘‘(B) SATISFACTION OF CONDITIONS.—To 
satisfy the requirements of subsection (a)(2), 
each 
individual 
described 
in 
paragraph 
(2)(A)(ii) shall concur in the treatment of the 
applicable historic site described in the memo-
randum of agreement or programmatic agree-
ment developed under section 306108 of title 
54.’’. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
116 
(b) PUBLIC TRANSPORTATION.—Section 303 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘(e) SATISFACTION OF REQUIREMENTS FOR CER-
TAIN HISTORIC SITES.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) align, to the maximum extent prac-
ticable, the requirements of this section with 
the requirements of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4231 et seq.) 
and section 306108 of title 54, including imple-
menting regulations; and 
‘‘(B) not later than 90 days after the date 
of enactment of this subsection, coordinate with 
the Secretary of the Interior and the Executive 
Director of the Advisory Council on Historic 
Preservation (referred to in this subsection as 
the ‘Council’) to establish procedures to satisfy 
the requirements described in subparagraph (A) 
(including regulations). 
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 
‘‘(A) IN GENERAL.—If, in an analysis re-
quired under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4231 et seq.), the 
Secretary determines that there is no feasible or 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
117 
prudent alternative to avoid use of a historic 
site, the Secretary may— 
‘‘(i) include the determination of the 
Secretary in the analysis required under 
that Act; 
‘‘(ii) provide a notice of the deter-
mination to— 
‘‘(I) each applicable State his-
toric preservation officer and tribal 
historic preservation officer; 
‘‘(II) the Council, if the Council 
is participating in the consultation 
process under section 306108 of title 
54; and 
‘‘(III) the Secretary of the Inte-
rior; and 
‘‘(iii) request from the applicable pres-
ervation officer, the Council, and the Sec-
retary of the Interior a concurrence that 
the determination is sufficient to satisfy 
the requirement of subsection (c)(1). 
‘‘(B) CONCURRENCE.—If the applicable 
preservation officer, the Council, and the Sec-
retary of the Interior each provide a concur-
rence requested under subparagraph (A)(iii), no 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
118 
further analysis under subsection (a)(1) shall be 
required. 
‘‘(C) PUBLICATION.—A notice of a deter-
mination, together with each relevant concur-
rence to that determination, under subpara-
graph (A) shall be— 
‘‘(i) included in the record of decision 
or finding of no significant impact of the 
Secretary; and 
‘‘(ii) posted on an appropriate Federal 
Web site by not later than 3 days after the 
date of receipt by the Secretary of all con-
currences requested under subparagraph 
(A)(iii). 
‘‘(3) ALIGNING HISTORICAL REVIEWS.— 
‘‘(A) IN GENERAL.—If the Secretary, the 
applicable preservation officer, the Council, and 
the Secretary of the Interior concur that no fea-
sible and prudent alternative exists as described 
in paragraph (2), the Secretary may provide to 
the applicable preservation officer, the Council, 
and the Secretary of the Interior notice of the 
intent of the Secretary to satisfy the require-
ments of subsection (c)(2) through the con-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
119 
sultation requirements of section 306108 of 
title 54. 
‘‘(B) SATISFACTION OF CONDITIONS.—To 
satisfy the requirements of subsection (c)(2), 
the applicable preservation officer, the Council, 
and the Secretary of the Interior shall concur in 
the treatment of the applicable historic site de-
scribed in the memorandum of agreement or 
programmatic agreement developed under sec-
tion 306108 of title 54.’’. 
SEC. 1302. TREATMENT OF IMPROVEMENTS TO RAIL AND 
TRANSIT UNDER PRESERVATION REQUIRE-
MENTS. 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, 
United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(d) RAIL AND TRANSIT.— 
‘‘(1) IN
GENERAL.—Improvements to, or the 
maintenance, rehabilitation, or operation of, railroad 
or rail transit lines or elements thereof that are in 
use or were historically used for the transportation 
of goods or passengers shall not be considered a use 
of a historic site under subsection (a), regardless of 
whether the railroad or rail transit line or element 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
120 
thereof is listed on, or eligible for listing on, the Na-
tional Register of Historic Places. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to— 
‘‘(i) stations; or 
‘‘(ii) bridges or tunnels located on— 
‘‘(I) railroad lines that have been 
abandoned; or 
‘‘(II) transit lines that are not in 
use. 
‘‘(B) CLARIFICATION
WITH
RESPECT
TO 
CERTAIN BRIDGES AND TUNNELS.—The bridges 
and tunnels referred to in subparagraph (A)(ii) 
do not include bridges or tunnels located on 
railroad or transit lines— 
‘‘(i) over which service has been dis-
continued; or 
‘‘(ii) that have been railbanked or oth-
erwise reserved for the transportation of 
goods or passengers.’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, 
United States Code, as amended by this Act, is further 
amended— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
121 
(1) in subsection (c), in the matter preceding 
paragraph (1), by striking ‘‘subsection (d)’’ and in-
serting ‘‘subsections (d), (e), and (f)’’; and 
(2) by adding at the end the following: 
‘‘(f) RAIL AND TRANSIT.— 
‘‘(1) IN
GENERAL.—Improvements to, or the 
maintenance, rehabilitation, or operation of, railroad 
or rail transit lines or elements thereof that are in 
use or were historically used for the transportation 
of goods or passengers shall not be considered a use 
of a historic site under subsection (c), regardless of 
whether the railroad or rail transit line or element 
thereof is listed on, or eligible for listing on, the Na-
tional Register of Historic Places. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to— 
‘‘(i) stations; or 
‘‘(ii) bridges or tunnels located on— 
‘‘(I) railroad lines that have been 
abandoned; or 
‘‘(II) transit lines that are not in 
use. 
‘‘(B) CLARIFICATION
WITH
RESPECT
TO 
CERTAIN BRIDGES AND TUNNELS.—The bridges 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
122 
and tunnels referred to in subparagraph (A)(ii) 
do not include bridges or tunnels located on 
railroad or transit lines— 
‘‘(i) over which service has been dis-
continued; or 
‘‘(ii) that have been railbanked or oth-
erwise reserved for the transportation of 
goods or passengers.’’. 
SEC. 1303. CLARIFICATION OF TRANSPORTATION ENVIRON-
MENTAL AUTHORITIES. 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, 
United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(e) REFERENCES TO PAST TRANSPORTATION ENVI-
RONMENTAL AUTHORITIES.— 
‘‘(1) SECTION
4(F)
REQUIREMENTS.—The re-
quirements of this section are commonly referred to 
as section 4(f) requirements (see section 4(f) of the 
Department of Transportation Act (Public Law 89– 
670; 80 Stat. 934) as in effect before the repeal of 
that section). 
‘‘(2) SECTION
106
REQUIREMENTS.—The re-
quirements of section 306108 of title 54 are com-
monly referred to as section 106 requirements (see 
section 106 of the National Historic Preservation 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
123 
Act of 1966 (Public Law 89–665; 80 Stat. 915) as 
in effect before the repeal of that section).’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, 
United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(g) REFERENCES TO PAST TRANSPORTATION ENVI-
RONMENTAL AUTHORITIES.— 
‘‘(1) SECTION
4(F)
REQUIREMENTS.—The re-
quirements of this section are commonly referred to 
as section 4(f) requirements (see section 4(f) of the 
Department of Transportation Act (Public Law 89– 
670; 80 Stat. 934) as in effect before the repeal of 
that section). 
‘‘(2) SECTION
106
REQUIREMENTS.—The re-
quirements of section 306108 of title 54 are com-
monly referred to as section 106 requirements (see 
section 106 of the National Historic Preservation 
Act of 1966 (Public Law 89–665; 80 Stat. 915) as 
in effect before the repeal of that section).’’. 
SEC. 1304. TREATMENT OF CERTAIN BRIDGES UNDER 
PRESERVATION REQUIREMENTS. 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, 
United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
124 
‘‘(f) BRIDGE EXEMPTION.—A common post-1945 
concrete or steel bridge or culvert that is exempt from in-
dividual review under section 306108 of title 54 (as de-
scribed in 77 Fed. Reg. 68790) shall be treated under this 
section as having a de minimis impact on an area.’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, 
United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(h) BRIDGE EXEMPTION.—A common post-1945 
concrete or steel bridge or culvert that is exempt from in-
dividual review under section 306108 of title 54 (as de-
scribed in 77 Fed. Reg. 68790) shall be treated under this 
section as having a de minimis impact on an area.’’. 
SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR 
PROJECT DECISIONMAKING. 
(a) DEFINITIONS.—Section 139(a) of title 23, United 
States Code, is amended— 
(1) by striking paragraph (5) and inserting the 
following: 
‘‘(5) 
MULTIMODAL
PROJECT.—The 
term 
‘multimodal project’ means a project that requires 
the approval of more than 1 Department of Trans-
portation operating administration or secretarial of-
fice.’’; 
(2) by adding at the end the following: 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
125 
‘‘(9) SUBSTANTIAL
DEFERENCE.—The term 
‘substantial deference’ means deference by a partici-
pating agency to the recommendations and decisions 
of the lead agency unless it is not possible to defer 
without violating the participating agency’s statutory 
responsibilities.’’. 
(b) APPLICABILITY.—Section 139(b)(3) of title 23, 
United States Code, is amended— 
(1) in subparagraph (A) in the matter pre-
ceding clause (i) by striking ‘‘initiate a rulemaking 
to’’; and 
(2) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) REQUIREMENTS.—In carrying out 
subparagraph (A), the Secretary shall ensure 
that programmatic reviews— 
‘‘(i) promote transparency, including 
the transparency of— 
‘‘(I) the analyses and data used 
in the environmental reviews; 
‘‘(II) the treatment of any de-
ferred issues raised by agencies or the 
public; and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
126 
‘‘(III) the temporal and spatial 
scales to be used to analyze issues 
under subclauses (I) and (II); 
‘‘(ii) use accurate and timely informa-
tion, including through establishment of— 
‘‘(I) criteria for determining the 
general duration of the usefulness of 
the review; and 
‘‘(II) a timeline for updating an 
out-of-date review; 
‘‘(iii) describe— 
‘‘(I) the relationship between any 
programmatic analysis and future 
tiered analysis; and 
‘‘(II) the role of the public in the 
creation of future tiered analysis; 
‘‘(iv) are available to other relevant 
Federal and State agencies, Indian tribes, 
and the public; and 
‘‘(v) provide notice and public com-
ment opportunities consistent with applica-
ble requirements.’’. 
(c) FEDERAL LEAD AGENCY.—Section 139(c)(1)(A) 
of title 23, United States Code, is amended by inserting 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
127 
‘‘, or an operating administration thereof designated by 
the Secretary,’’ after ‘‘Department of Transportation’’. 
(d) PARTICIPATING AGENCIES.— 
(1) INVITATION.—Section 139(d)(2) of title 23, 
United States Code, is amended by striking ‘‘The 
lead agency shall identify, as early as practicable in 
the environmental review process for a project,’’ and 
inserting ‘‘Not later than 45 days after the date of 
publication of a notice of intent to prepare an envi-
ronmental impact statement or the initiation of an 
environmental assessment, the lead agency shall 
identify’’. 
(2) SINGLE NEPA DOCUMENT.—Section 139(d) 
of title 23, United States Code, is amended by add-
ing at the end the following: 
‘‘(8) SINGLE NEPA DOCUMENT.— 
‘‘(A) IN GENERAL.—Except as inconsistent 
with paragraph (7), to the maximum extent 
practicable and consistent with Federal law, all 
Federal permits and reviews for a project shall 
rely on a single environment document prepared 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) under the lead-
ership of the lead agency. 
‘‘(B) USE OF DOCUMENT.— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
128 
‘‘(i) IN GENERAL.—To the maximum 
extent practicable, the lead agency shall 
develop an environmental document suffi-
cient to satisfy the requirements for any 
Federal approval or other Federal action 
required for the project, including permits 
issued by other Federal agencies. 
‘‘(ii) 
COOPERATION
OF
PARTICI-
PATING
AGENCIES.—Other participating 
agencies shall cooperate with the lead 
agency and provide timely information to 
help the lead agency carry out this sub-
paragraph. 
‘‘(C) TREATMENT AS PARTICIPATING AND 
COOPERATING
AGENCIES.—A Federal agency 
required to make an approval or take an action 
for a project, as described in subparagraph (B), 
shall work with the lead agency for the project 
to ensure that the agency making the approval 
or taking the action is treated as being both a 
participating and cooperating agency for the 
project.’’. 
(e) PROJECT INITIATION.—Section 139(e) of title 23, 
United States Code, is amended by adding at the end the 
following: 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
129 
‘‘(3) ENVIRONMENTAL CHECKLIST.— 
‘‘(A) DEVELOPMENT.—The lead agency 
for a project, in consultation with participating 
agencies, shall develop, as appropriate, a check-
list to help project sponsors identify potential 
natural, cultural, and historic resources in the 
area of the project. 
‘‘(B) PURPOSE.—The purposes of the 
checklist are— 
‘‘(i) to identify agencies and organiza-
tions that can provide information about 
natural, cultural, and historic resources; 
‘‘(ii) to develop the information need-
ed to determine the range of alternatives; 
and 
‘‘(iii) to improve interagency collabo-
ration to help expedite the permitting proc-
ess for the lead agency and participating 
agencies.’’. 
(f) PURPOSE AND NEED.—Section 139(f) of title 23, 
United States Code, is amended— 
(1) in the subsection heading by inserting ‘‘; 
ALTERNATIVES ANALYSIS’’ after ‘‘NEED’’; 
(2) in paragraph (4)— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
130 
(A) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) PARTICIPATION.— 
‘‘(i) IN GENERAL.—As early as prac-
ticable during the environmental review 
process, the lead agency shall seek the in-
volvement of participating agencies and the 
public for the purpose of reaching agree-
ment early in the environmental review 
process on a reasonable range of alter-
natives that will satisfy all subsequent 
Federal environmental review and permit 
requirements. 
‘‘(ii) COMMENTS
OF
PARTICIPATING 
AGENCIES.—To the maximum extent prac-
ticable and consistent with applicable law, 
each participating agency receiving an op-
portunity for involvement under clause (i) 
shall— 
‘‘(I) limit the agency’s comments 
to subject matter areas within the 
agency’s special expertise or jurisdic-
tion; and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
131 
‘‘(II) afford substantial deference 
to the range of alternatives rec-
ommended by the lead agency. 
‘‘(iii) EFFECT
OF
NONPARTICIPA-
TION.—A participating agency that de-
clines to participate in the development of 
the purpose and need and reasonable range 
of alternatives for a project shall be re-
quired to comply with the schedule devel-
oped under subsection (g)(1)(B).’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘Following participa-
tion under paragraph (1)’’ and inserting 
the following: 
‘‘(i) 
DETERMINATION.—Following 
participation under subparagraph (A)’’; 
and 
(ii) by adding at the end the fol-
lowing: 
‘‘(ii) USE.—To the maximum extent 
practicable and consistent with Federal 
law, the range of alternatives determined 
for a project under clause (i) shall be used 
for all Federal environmental reviews and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
132 
permit processes required for the project 
unless the alternatives must be modified— 
‘‘(I) to address significant new 
information or circumstances, and the 
lead agency and participating agencies 
agree that the alternatives must be 
modified to address the new informa-
tion or circumstances; or 
‘‘(II) for the lead agency or a 
participating agency to fulfill its re-
sponsibilities under the National Envi-
ronmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) in a timely man-
ner.’’. 
(g) COORDINATION AND SCHEDULING.— 
(1) COORDINATION
PLAN.—Section 139(g)(1) 
of title 23, United States Code, is amended— 
(A) in subparagraph (A) by striking ‘‘The 
lead agency’’ and inserting ‘‘Not later than 90 
days after the date of publication of a notice of 
intent to prepare an environmental impact 
statement or the initiation of an environmental 
assessment, the lead agency’’; and 
(B) in subparagraph (B)(i) by striking 
‘‘may establish’’ and inserting ‘‘shall establish’’. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
133 
(2) COMMENT DEADLINES.—Section 139(g)(2) 
of title 23, United States Code, is amended— 
(A) in subparagraph (A)— 
(i) in clause (i) by striking ‘‘different 
deadline’’ and inserting ‘‘shorter deadline’’; 
and 
(ii) in clause (ii) by striking the pe-
riod at the end and inserting ‘‘shown or by 
a participating agency for good cause 
shown, in which case the lead agency shall 
document the reason for the extension.’’; 
and 
(B) in subparagraph (B)— 
(i) in clause (i) by striking ‘‘different 
deadline’’ and inserting ‘‘shorter deadline’’; 
and 
(ii) in clause (ii) by striking the pe-
riod at the end and inserting ‘‘shown or by 
a participating agency for good cause 
shown, in which case the lead agency shall 
document the reason for the extension.’’. 
(3) DEADLINES FOR DECISIONS UNDER OTHER 
LAWS.—Section 139(g)(3) of title 23, United States 
Code, is amended to read as follows: 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
134 
‘‘(3) 
DEADLINES
FOR
DECISIONS
UNDER 
OTHER LAWS.— 
‘‘(A) IN GENERAL.—In any case in which 
a decision under any Federal law relating to a 
project (including the issuance or denial of a 
permit or license) is required by law, regulation, 
or Executive order to be made after the date on 
which the lead agency has issued a categorical 
exclusion, finding of no significant impact, or 
record of decision with respect to the project, 
any such later decision shall be made or com-
pleted by the later of— 
‘‘(i) the date that is 180 days after 
the lead agency’s final decision has been 
made; or 
‘‘(ii) the date that is 180 days after 
the date on which a completed application 
was submitted for the permit or license. 
‘‘(B) TREATMENT OF DELAYS.—Following 
the deadline established by subparagraph (A), 
the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House 
of Representatives and the Committee on Envi-
ronment and Public Works of the Senate, and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
135 
publish on the Department’s Internet Web 
site— 
‘‘(i) as soon as practicable after the 
180-day period, an initial notice of the fail-
ure of the Federal agency to make the de-
cision; and 
‘‘(ii) every 60 days thereafter, until 
such date as all decisions of the Federal 
agency relating to the project have been 
made by the Federal agency, an additional 
notice that describes the number of deci-
sions of the Federal agency that remain 
outstanding as of the date of the additional 
notice.’’. 
(4) ADOPTION OF DOCUMENTS; ACCELERATED 
DECISIONMAKING IN ENVIRONMENTAL REVIEWS.— 
(A) IN GENERAL.—Section 139(g) of title 
23, United States Code, is amended— 
(i) by redesignating paragraph (4) as 
paragraph (5); and 
(ii) by inserting after paragraph (3) 
the following: 
‘‘(4) ACCELERATED DECISIONMAKING IN ENVI-
RONMENTAL REVIEWS.— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
136 
‘‘(A) IN GENERAL.—In preparing a final 
environmental impact statement under the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), if the lead agency modi-
fies the statement in response to comments that 
are minor and are confined to factual correc-
tions or explanations of why the comments do 
not warrant additional agency response, the 
lead agency may write on errata sheets attached 
to the statement instead of rewriting the draft 
statement, subject to the condition that the er-
rata sheets— 
‘‘(i) cite the sources, authorities, and 
reasons that support the position of the 
agency; and 
‘‘(ii) if appropriate, indicate the cir-
cumstances that would trigger agency re-
appraisal or further response. 
‘‘(B) SINGLE
DOCUMENT.—To the max-
imum extent practicable, the lead agency shall 
expeditiously develop a single document that 
consists of a final environmental impact state-
ment and a record of decision, unless— 
‘‘(i) the final environmental impact 
statement makes substantial changes to 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
137 
the proposed action that are relevant to 
environmental or safety concerns; or 
‘‘(ii) there is a significant new cir-
cumstance or information relevant to envi-
ronmental concerns that bears on the pro-
posed action or the impacts of the pro-
posed action.’’. 
(B) CONFORMING
AMENDMENT.—Section 
1319 of MAP–21 (42 U.S.C. 4332a), and the 
item relating to that section in the table of con-
tents contained in section 1(c) of that Act, are 
repealed. 
(h) ISSUE IDENTIFICATION AND RESOLUTION.— 
(1) ISSUE
RESOLUTION.—Section 139(h) of 
title 23, United States Code, is amended— 
(A) 
by 
redesignating 
paragraphs 
(4) 
through (7) as paragraphs (5) through (8), re-
spectively; and 
(B) by inserting after paragraph (3) the 
following: 
‘‘(4) ISSUE RESOLUTION.—Any issue resolved 
by the lead agency and participating agencies may 
not be reconsidered unless significant new informa-
tion or circumstances arise.’’. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
138 
(2) 
FAILURE
TO
ASSURE.—Section 
139(h)(5)(C) of title 23, United States Code, (as re-
designated by paragraph (1)(A) of this subsection) is 
amended by striking ‘‘paragraph (5) and’’ and in-
serting ‘‘paragraph (6)’’. 
(3) ACCELERATED ISSUE RESOLUTION AND RE-
FERRAL.—Section 139(h)(6) of title 23, United 
States Code, (as redesignated by paragraph (1)(A) 
of this subsection) is amended by striking subpara-
graph (C) and inserting the following: 
‘‘(C) REFERRAL TO COUNCIL ON ENVIRON-
MENTAL QUALITY.— 
‘‘(i) IN GENERAL.—If issue resolution 
for a project is not achieved on or before 
the 30th day after the date of a meeting 
under subparagraph (B), the Secretary 
shall refer the matter to the Council on 
Environmental Quality. 
‘‘(ii) MEETING.—Not later than 30 
days after the date of receipt of a referral 
from the Secretary under clause (i), the 
Council on Environmental Quality shall 
hold an issue resolution meeting with— 
‘‘(I) the head of the lead agency; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
139 
‘‘(II) the heads of relevant par-
ticipating agencies; and 
‘‘(III) the project sponsor (in-
cluding the Governor only if the initial 
issue resolution meeting request came 
from the Governor). 
‘‘(iii) RESOLUTION.—The Council on 
Environmental Quality shall work with the 
lead agency, relevant participating agen-
cies, and the project sponsor until all 
issues are resolved.’’. 
(4) FINANCIAL PENALTY PROVISIONS.—Section 
139(h)(7)(B)(i)(I) of title 23, United States Code, 
(as redesignated by paragraph (1)(A) of this sub-
section) is amended by striking ‘‘under section 
106(i) is required’’ and inserting ‘‘is required under 
subsection (h) or (i) of section 106’’. 
(i) ASSISTANCE TO AFFECTED STATE AND FEDERAL 
AGENCIES.— 
(1) IN GENERAL.—Section 139(j)(1) of title 23, 
United States Code, is amended to read as follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORITY
TO
PROVIDE
FUNDS.— 
The Secretary may allow a public entity receiv-
ing financial assistance from the Department of 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
140 
Transportation under this title or chapter 53 of 
title 49 to provide funds to Federal agencies 
(including the Department), State agencies, and 
Indian tribes participating in the environmental 
review process for the project or program. 
‘‘(B) USE OF FUNDS.—Funds referred to 
in subparagraph (A) may be provided only to 
support activities that directly and meaningfully 
contribute to expediting and improving permit-
ting and review processes, including planning, 
approval, and consultation processes for the 
project or program.’’. 
(2) ACTIVITIES ELIGIBLE FOR FUNDING.—Sec-
tion 139(j)(2) of title 23, United States Code, is 
amended by inserting ‘‘activities directly related to 
the environmental review process,’’ before ‘‘dedicated 
staffing,’’. 
(3) AGREEMENT.—Section 139(j)(6) of title 23, 
United States Code, is amended to read as follows: 
‘‘(6) AGREEMENT.—Prior to providing funds 
approved by the Secretary for dedicated staffing at 
an affected agency under paragraphs (1) and (2), 
the affected agency and the requesting public entity 
shall enter into an agreement that establishes the 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
141 
projects and priorities to be addressed by the use of 
the funds.’’. 
(j) IMPLEMENTATION OF PROGRAMMATIC COMPLI-
ANCE.— 
(1) RULEMAKING.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall complete a rulemaking to implement the provi-
sions of section 139(b)(3) of title 23, United States 
Code, as amended by this section. 
(2) CONSULTATION.—Before initiating the rule-
making under paragraph (1), the Secretary shall 
consult with relevant Federal agencies, relevant 
State resource agencies, State departments of trans-
portation, Indian tribes, and the public on the ap-
propriate use and scope of the programmatic ap-
proaches. 
(3) REQUIREMENTS.—In carrying out this sub-
section, the Secretary shall ensure that the rule-
making 
meets 
the 
requirements 
of 
section 
139(b)(3)(B) of title 23, United States Code, as 
amended by this section. 
(4) COMMENT PERIOD.—The Secretary shall— 
(A) allow not fewer than 60 days for public 
notice and comment on the proposed rule; and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
142 
(B) address any comments received under 
this subsection. 
SEC. 
1306. 
IMPROVING 
TRANSPARENCY 
IN 
ENVIRON-
MENTAL REVIEWS. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act, the Secretary shall— 
(1) maintain and use a searchable Internet Web 
site— 
(A) to make publicly available the status 
and progress of projects, as defined in section 
139 of title 23, United States Code, requiring 
an environmental assessment or an environ-
mental impact statement with respect to com-
pliance with applicable requirements of the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and any other Federal, 
State, or local approval required for such 
projects; and 
(B) to make publicly available the names 
of participating agencies not participating in 
the development of a project purpose and need 
and range of alternatives under section 139(f) 
of title 23, United States Code; and 
(2) in coordination with agencies described in 
subsection (b) and State agencies, issue reporting 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
143 
standards to meet the requirements of paragraph 
(1). 
(b) FEDERAL, STATE, AND LOCAL AGENCY PARTICI-
PATION.—A Federal, State, or local agency participating 
in the environmental review or permitting process for a 
project, as defined in section 139 of title 23, United States 
Code, shall provide to the Secretary information regarding 
the status and progress of the approval of the project for 
publication on the Internet Web site maintained under 
subsection (a), consistent with the standards established 
under subsection (a). 
(c) STATES
WITH
DELEGATED
AUTHORITY.—A 
State with delegated authority for responsibilities under 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) pursuant to section 327 of title 23, United 
States Code, shall be responsible for supplying project de-
velopment and compliance status to the Secretary for all 
applicable projects. 
SEC. 1307. INTEGRATION OF PLANNING AND ENVIRON-
MENTAL REVIEW. 
(a) DEFINITIONS.—Section 168(a) of title 23, United 
States Code, is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
144 
‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The 
term ‘environmental review process’ has the meaning 
given that term in section 139(a).’’; 
(2) by redesignating paragraphs (2) through 
(4) as paragraphs (3) through (5), respectively; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) LEAD AGENCY.—The term ‘lead agency’ 
has the meaning given that term in section 139(a).’’; 
and 
(4) by striking paragraph (3) (as redesignated 
by paragraph (2) of this subsection) and inserting 
the following: 
‘‘(3) PLANNING PRODUCT.—The term ‘planning 
product’ means a decision, analysis, study, or other 
documented information that is the result of an eval-
uation or decisionmaking process carried out by a 
metropolitan planning organization or a State, as 
appropriate, during metropolitan or statewide trans-
portation planning under section 134 or section 135, 
respectively.’’. 
(b) ADOPTION OF PLANNING PRODUCTS FOR USE IN 
NEPA PROCEEDINGS.—Section 168(b) of title 23, United 
States Code, is amended— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
145 
(1) in the subsection heading by inserting ‘‘OR 
INCORPORATION
BY
REFERENCE’’ after ‘‘ADOP-
TION’’; 
(2) in paragraph (1) by striking ‘‘the Federal 
lead agency for a project may adopt’’ and inserting 
‘‘and to the maximum extent practicable and appro-
priate, the lead agency for a project may adopt or 
incorporate by reference’’; 
(3) by striking paragraph (2) and redesignating 
paragraphs (3) and (4) as paragraphs (2) and (3), 
respectively; 
(4) by striking paragraph (2) (as so redesig-
nated) and inserting the following: 
‘‘(2) PARTIAL
ADOPTION
OR
INCORPORATION 
BY REFERENCE OF PLANNING PRODUCTS.—The lead 
agency may adopt or incorporate by reference a 
planning product under paragraph (1) in its entirety 
or may select portions for adoption or incorporation 
by reference.’’; and 
(5) in paragraph (3) (as so redesignated) by in-
serting ‘‘or incorporation by reference’’ after ‘‘adop-
tion’’. 
(c) APPLICABILITY.— 
(1) PLANNING DECISIONS.—Section 168(c)(1) 
of title 23, United States Code, is amended— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
146 
(A) in the matter preceding subparagraph 
(A) by striking ‘‘adopted’’ and inserting ‘‘adopt-
ed or incorporated by reference by the lead 
agency’’; 
(B) by redesignating subparagraphs (A) 
through (F) as subparagraphs (B) through (G), 
respectively; 
(C) by inserting before subparagraph (B) 
(as so redesignated) the following: 
‘‘(A) the project purpose and need;’’; 
(D) by striking subparagraph (B) (as so 
redesignated) and inserting the following: 
‘‘(B) the preliminary screening of alter-
natives and elimination of unreasonable alter-
natives;’’; 
(E) in subparagraph (C) (as so redesig-
nated) by inserting ‘‘and general travel cor-
ridor’’ after ‘‘modal choice’’; 
(F) in subparagraph (E) (as so redesig-
nated) by striking ‘‘and’’ at the end; 
(G) in subparagraph (F) (as so redesig-
nated)— 
(i) in the matter preceding clause (i) 
by striking ‘‘potential impacts’’ and all 
that follows through ‘‘resource agencies,’’ 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
147 
and inserting ‘‘potential impacts of a 
project, including a programmatic mitiga-
tion plan developed in accordance with sec-
tion 169, that the lead agency’’; and 
(ii) in clause (ii) by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(H) by adding at the end the following: 
‘‘(G) whether tolling, private financial as-
sistance, or other special financial measures are 
necessary to implement the project.’’. 
(2) PLANNING
ANALYSES.—Section 168(c)(2) 
of title 23, United States Code, is amended— 
(A) in the matter preceding subparagraph 
(A) by striking ‘‘adopted’’ and inserting ‘‘adopt-
ed or incorporated by reference by the lead 
agency’’; 
(B) in subparagraph (G)— 
(i) by inserting ‘‘direct, indirect, and’’ 
before ‘‘cumulative effects’’; and 
(ii) by striking ‘‘, identified as a result 
of a statewide or regional cumulative ef-
fects assessment’’; and 
(C) in subparagraph (H)— 
(i) by striking ‘‘proposed action’’ and 
inserting ‘‘proposed project’’; and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
148 
(ii) by striking ‘‘Federal lead agency’’ 
and inserting ‘‘lead agency’’. 
(d) CONDITIONS.—Section 168(d) of title 23, United 
States Code, is amended— 
(1) in the matter preceding paragraph (1) by 
striking ‘‘Adoption and use’’ and all that follows 
through ‘‘Federal lead agency, that’’ and inserting 
‘‘The lead agency in the environmental review proc-
ess may adopt or incorporate by reference and use 
a planning product under this section if the lead 
agency determines that’’; 
(2) in paragraph (2) by striking ‘‘by engaging 
in active consultation’’ and inserting ‘‘in consulta-
tion’’; 
(3) by striking paragraphs (4) and (5) and in-
serting the following: 
‘‘(4) The planning process included public no-
tice that the planning products may be adopted or 
incorporated by reference during a subsequent envi-
ronmental review process in accordance with this 
section. 
‘‘(5) During the environmental review process, 
but prior to determining whether to rely on and use 
the planning product, the lead agency has— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
149 
‘‘(A) made the planning documents avail-
able for review and comment by members of the 
general public and Federal, State, local, and 
tribal governments that may have an interest in 
the proposed action; 
‘‘(B) provided notice of the lead agency’s 
intent to adopt the planning product or incor-
porate the planning product by reference; and 
‘‘(C) considered any resulting comments.’’; 
(4) in paragraph (9)— 
(A) by inserting ‘‘or incorporation by ref-
erence’’ after ‘‘adoption’’; and 
(B) by inserting ‘‘and is sufficient to meet 
the requirements of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.)’’ 
after ‘‘for the project’’; and 
(5) in paragraph (10) by striking ‘‘not later 
than 5 years prior to date on which the information 
is adopted’’ and inserting ‘‘within the 5-year period 
ending on the date on which the information is 
adopted or incorporated by reference’’. 
(e) EFFECT OF ADOPTION OR INCORPORATION BY 
REFERENCE.—Section 168(e) of title 23, United States 
Code, is amended— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
150 
(1) in the subsection heading by inserting ‘‘OR 
INCORPORATION
BY
REFERENCE’’ after ‘‘ADOP-
TION’’; and 
(2) by striking ‘‘adopted by the Federal lead 
agency’’ and inserting ‘‘adopted or incorporated by 
reference by the lead agency’’. 
SEC. 1308. DEVELOPMENT OF PROGRAMMATIC MITIGATION 
PLANS. 
Section 169(f) of title 23, United States Code, is 
amended by striking ‘‘may use’’ and inserting ‘‘shall give 
substantial weight to’’. 
SEC. 1309. DELEGATION OF AUTHORITIES. 
(a) IN GENERAL.—The Secretary shall use the au-
thority under section 106(c) of title 23, United States 
Code, to the maximum extent practicable, to delegate re-
sponsibility to the States for project design, plans, speci-
fications, estimates, contract awards, and inspection of 
projects, on both a project-specific and programmatic 
basis. 
(b) SUBMISSION OF RECOMMENDATIONS.—Not later 
than 18 months after the date of enactment of this Act, 
the Secretary, in cooperation with the States, shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Environment and Public Works of the Senate rec-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
151 
ommendations for legislation to permit the delegation of 
additional authorities to the States, including with respect 
to real estate acquisition and project design. 
SEC. 1310. CATEGORICAL EXCLUSION FOR PROJECTS OF 
LIMITED FEDERAL ASSISTANCE. 
(a) ADJUSTMENT FOR INFLATION.—Section 1317 of 
MAP–21 (23 U.S.C. 109 note) is amended— 
(1) in paragraph (1)(A) by inserting ‘‘(as ad-
justed annually by the Secretary to reflect any in-
creases in the Consumer Price Index prepared by 
the Department of Labor)’’ after ‘‘$5,000,000’’; and 
(2) in paragraph (1)(B) by inserting ‘‘(as ad-
justed annually by the Secretary to reflect any in-
creases in the Consumer Price Index prepared by 
the Department of Labor)’’ after ‘‘$30,000,000’’. 
(b) RETROACTIVE APPLICATION.—The first adjust-
ment made pursuant to the amendments made by sub-
section (a) shall— 
(1) be carried out not later than 60 days after 
the date of enactment of this Act; and 
(2) reflect the increase in the Consumer Price 
Index since July 1, 2012. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
152 
SEC. 1311. APPLICATION OF CATEGORICAL EXCLUSIONS 
FOR MULTIMODAL PROJECTS. 
Section 304 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘operating authority 
that’’ and inserting ‘‘operating administra-
tion or secretarial office that has expertise 
but’’; and 
(ii) 
by 
inserting 
‘‘proposed 
multimodal’’ after ‘‘with respect to a’’; and 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) LEAD
AUTHORITY.—The term ‘lead au-
thority’ means a Department of Transportation op-
erating administration or secretarial office that has 
the lead responsibility for compliance with the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) with respect to a proposed multimodal 
project.’’; 
(2) in subsection (b) by inserting ‘‘or title 23’’ 
after ‘‘under this title’’; 
(3) by striking subsection (c) and inserting the 
following: 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
153 
‘‘(c) APPLICATION
OF CATEGORICAL EXCLUSIONS 
FOR MULTIMODAL PROJECTS.—In considering the envi-
ronmental impacts of a proposed multimodal project, a 
lead authority may apply categorical exclusions designated 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) in implementing regulations or proce-
dures of a cooperating authority for a proposed 
multimodal project, subject to the conditions that— 
‘‘(1) the lead authority makes a determination, 
with the concurrence of the cooperating authority— 
‘‘(A) on the applicability of a categorical 
exclusion to a proposed multimodal project; and 
‘‘(B) that the project satisfies the condi-
tions for a categorical exclusion under the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and this section; 
‘‘(2) the lead authority follows the cooperating 
authority’s implementing regulations or procedures 
under such Act; and 
‘‘(3) the lead authority determines that— 
‘‘(A) the proposed multimodal project does 
not individually or cumulatively have a signifi-
cant impact on the environment; and 
‘‘(B) extraordinary circumstances do not 
exist that merit additional analysis and docu-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
154 
mentation in an environmental impact state-
ment or environmental assessment required 
under such Act.’’; and 
(4) by striking subsection (d) and inserting the 
following: 
‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A co-
operating authority shall provide expertise to the lead au-
thority on aspects of the multimodal project in which the 
cooperating authority has expertise.’’. 
SEC. 1312. SURFACE TRANSPORTATION PROJECT DELIV-
ERY PROGRAM. 
Section 327 of title 23, United States Code, is 
amended— 
(1) in subsection (a)(2)(B)(iii) by striking ‘‘(42 
U.S.C. 13 4321 et seq.)’’ and inserting ‘‘(42 U.S.C. 
4321 et seq.)’’; 
(2) in subsection (c)(4) by inserting ‘‘reason-
ably’’ before ‘‘considers necessary’’; 
(3) in subsection (e) by inserting ‘‘and without 
further approval of’’ after ‘‘in lieu of’’; 
(4) in subsection (g)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) IN GENERAL.—To ensure compliance by a 
State with any agreement of the State under sub-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
155 
section (c) (including compliance by the State with 
all Federal laws for which responsibility is assumed 
under subsection (a)(2)), for each State partici-
pating in the program under this section, the Sec-
retary shall— 
‘‘(A) not later than 6 months after execu-
tion of the agreement, meet with the State to 
review implementation of the agreement and 
discuss plans for the first annual audit; 
‘‘(B) conduct annual audits during each of 
the first 4 years of State participation; and 
‘‘(C) ensure that the time period for com-
pleting an annual audit, from initiation to com-
pletion (including public comment and re-
sponses to those comments), does not exceed 
180 days.’’; and 
(B) by adding at the end the following: 
‘‘(3) AUDIT TEAM.—An audit conducted under 
paragraph (1) shall be carried out by an audit team 
determined by the Secretary, in consultation with 
the State. Such consultation shall include a reason-
able opportunity for the State to review and provide 
comments on the proposed members of the audit 
team.’’; and 
(5) by adding at the end the following: 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
156 
‘‘(k) CAPACITY BUILDING.—The Secretary, in co-
operation with representatives of State officials, may carry 
out education, training, peer-exchange, and other initia-
tives as appropriate— 
‘‘(1) to assist States in developing the capacity 
to participate in the assignment program under this 
section; and 
‘‘(2) to promote information sharing and col-
laboration among States that are participating in 
the assignment program under this section. 
‘‘(l) RELATIONSHIP
TO LOCALLY ADMINISTERED 
PROJECTS.—A State granted authority under this section 
may, as appropriate and at the request of a local govern-
ment— 
‘‘(1) exercise such authority on behalf of the 
local government for a locally administered project; 
or 
‘‘(2) provide guidance and training on consoli-
dating and minimizing the documentation and envi-
ronmental analyses necessary for sponsors of a lo-
cally administered project to comply with the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and any comparable requirements 
under State law.’’. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
157 
SEC. 1313. PROGRAM FOR ELIMINATING DUPLICATION OF 
ENVIRONMENTAL REVIEWS. 
(a) PURPOSE.—The purpose of this section is to 
eliminate duplication of environmental reviews and ap-
provals under State and Federal laws. 
(b) IN GENERAL.—Chapter 3 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 330. Program for eliminating duplication of envi-
ronmental reviews 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a pilot program to authorize States that are ap-
proved to participate in the program to conduct en-
vironmental reviews and make approvals for projects 
under State environmental laws and regulations in-
stead of Federal environmental laws and regulations, 
consistent with the requirements of this section. 
‘‘(2) PARTICIPATING
STATES.—The Secretary 
may select not more than 5 States to participate in 
the program. 
‘‘(3) ALTERNATIVE
REVIEW
AND
APPROVAL 
PROCEDURES.—In this section, the term ‘alternative 
environmental review and approval procedures’ 
means— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
158 
‘‘(A) substitution of 1 or more State envi-
ronmental laws for— 
‘‘(i) the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(ii) 
such 
provisions 
of 
sections 
109(h), 128, and 139 related to the appli-
cation of that Act that are under the au-
thority of the Secretary, as the Secretary, 
in consultation with the State, considers 
appropriate; and 
‘‘(iii) related regulations and Execu-
tive orders; and 
‘‘(B) substitution of 1 or more State envi-
ronmental regulations for— 
‘‘(i) the National Environmental Pol-
icy Act of 1969; 
‘‘(ii) 
such 
provisions 
of 
sections 
109(h), 128, and 139 related to the appli-
cation of that Act that are under the au-
thority of the Secretary, as the Secretary, 
in consultation with the State, considers 
appropriate; and 
‘‘(iii) related regulations and Execu-
tive orders. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
159 
‘‘(b) APPLICATION.—To be eligible to participate in 
the program, a State shall submit to the Secretary an ap-
plication containing such information as the Secretary 
may require, including— 
‘‘(1) a full and complete description of the pro-
posed alternative environmental review and approval 
procedures of the State; 
‘‘(2) each Federal law described in subsection 
(a)(3) that the State is seeking to substitute; 
‘‘(3) each State law and regulation that the 
State intends to substitute for such Federal law, 
Federal regulation, or Executive order; 
‘‘(4) an explanation of the basis for concluding 
that the State law or regulation is substantially 
equivalent to the Federal law described in subsection 
(a)(3); 
‘‘(5) a description of the projects or classes of 
projects for which the State anticipates exercising 
the authority that may be granted under the pro-
gram; 
‘‘(6) verification that the State has the financial 
resources necessary to carry out the authority that 
may be granted under the program; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
160 
‘‘(7) evidence of having sought, received, and 
addressed comments on the proposed application 
from the public; and 
‘‘(8) any such additional information as the 
Secretary, or, with respect to section (d)(1)(A), the 
Secretary in consultation with the Chair, may re-
quire. 
‘‘(c) REVIEW OF APPLICATION.—In accordance with 
subsection (d), the Secretary shall— 
‘‘(1) review an application submitted under sub-
section (b); 
‘‘(2) approve or disapprove the application not 
later than 90 days after the date of receipt of the 
application; and 
‘‘(3) transmit to the State notice of the ap-
proval or disapproval, together with a statement of 
the reasons for the approval or disapproval. 
‘‘(d) APPROVAL OF APPLICATION.— 
‘‘(1) IN
GENERAL.—The Secretary shall ap-
prove an application submitted under subsection (b) 
only if— 
‘‘(A) the Secretary, with the concurrence 
of the Chair, determines that the laws and reg-
ulations of the State described in the applica-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
161 
tion are substantially equivalent to the Federal 
laws that the State is seeking to substitute; 
‘‘(B) the Secretary determines that the 
State has the capacity, including financial and 
personnel, to assume the responsibility; and 
‘‘(C) the State has executed an agreement 
with the Secretary, in accordance with section 
327, providing for environmental review, con-
sultation, or other action under Federal envi-
ronmental laws pertaining to the review or ap-
proval of a specific project. 
‘‘(2) 
EXCLUSION.—The 
National 
Environ-
mental Policy Act of 1969 shall not apply to a deci-
sion by the Secretary to approve or disapprove an 
application submitted under this section. 
‘‘(e) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—The United States district 
courts shall have exclusive jurisdiction over any civil 
action against a State— 
‘‘(A) for failure of the State to meet the 
requirements of this section; or 
‘‘(B) if the action involves the exercise of 
authority by the State under this section and 
section 327. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
162 
‘‘(2) STATE
JURISDICTION.—A State court 
shall have exclusive jurisdiction over any civil action 
against a State if the action involves the exercise of 
authority by the State under this section not covered 
by paragraph (1). 
‘‘(f) ELECTION.—At its discretion, a State partici-
pating in the programs under this section and section 327 
may elect to apply the National Environmental Protection 
Act of 1969 instead of the State’s alternative environ-
mental review and approval procedures. 
‘‘(g) TREATMENT OF STATE LAWS AND REGULA-
TIONS.—To the maximum extent practicable and con-
sistent with Federal law, other Federal agencies with au-
thority over a project subject to this section shall use docu-
ments produced by a participating State under this section 
to satisfy the requirements of the National Environmental 
Policy Act of 1969. 
‘‘(h) RELATIONSHIP
TO LOCALLY ADMINISTERED 
PROJECTS.— 
‘‘(1) IN GENERAL.—A State with an approved 
program under this section, at the request of a local 
government, may exercise authority under that pro-
gram on behalf of up to 10 local governments for lo-
cally administered projects. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
163 
‘‘(2) SCOPE.—For up to 10 local governments 
selected by a State with an approved program under 
this section, the State shall be responsible for ensur-
ing that any environmental review, consultation, or 
other action required under the National Environ-
mental Policy Act of 1969 or the State program, or 
both, meets the requirements of such Act or pro-
gram. 
‘‘(i) REVIEW AND TERMINATION.— 
‘‘(1) IN GENERAL.—A State program approved 
under this section shall at all times be in accordance 
with the requirements of this section. 
‘‘(2) REVIEW.—The Secretary shall review each 
State program approved under this section not less 
than once every 5 years. 
‘‘(3) PUBLIC NOTICE AND COMMENT.—In con-
ducting the review process under paragraph (2), the 
Secretary shall provide notice and an opportunity for 
public comment. 
‘‘(4) WITHDRAWAL OF APPROVAL.—If the Sec-
retary, in consultation with the Chair, determines at 
any time that a State is not administering a State 
program approved under this section in accordance 
with the requirements of this section, the Secretary 
shall so notify the State, and if appropriate correc-
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
164 
tive action is not taken within a reasonable time, not 
to exceed 90 days, the Secretary shall withdraw ap-
proval of the State program. 
‘‘(5) EXTENSIONS AND TERMINATIONS.—At the 
conclusion of the review process under paragraph 
(2), the Secretary may extend for an additional 5- 
year period or terminate the authority of a State 
under this section to substitute that State’s laws and 
regulations for Federal laws. 
‘‘(j) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this section, and annually 
thereafter, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and 
Public Works of the Senate a report that describes the 
administration of the program, including— 
‘‘(1) the number of States participating in the 
program; 
‘‘(2) the number and types of projects for which 
each State participating in the program has used al-
ternative environmental review and approval proce-
dures; and 
‘‘(3) any recommendations for modifications to 
the program. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
165 
‘‘(k) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) CHAIR.—The term ‘Chair’ means the 
Chair of the Council on Environmental Quality. 
‘‘(2) 
MULTIMODAL
PROJECT.—The 
term 
‘multimodal project’ has the meaning given that 
term in section 139(a). 
‘‘(3) PROGRAM.—The term ‘program’ means 
the pilot program established under this section. 
‘‘(4) PROJECT.—The term ‘project’ means— 
‘‘(A) a project requiring approval under 
this title, chapter 53 of subtitle III of title 49, 
or subtitle V of title 49; and 
‘‘(B) a multimodal project.’’. 
(c) RULEMAKING.— 
(1) IN
GENERAL.—Not later than 270 days 
after the date of enactment of this Act, the Sec-
retary of Transportation, in consultation with the 
Chair of the Council on Environmental Quality, shall 
promulgate regulations to implement the require-
ments of section 330 of title 23, United States Code, 
as added by this section. 
(2) 
DETERMINATION
OF
SUBSTANTIALLY 
EQUIVALENT.—As part of the rulemaking required 
under this subsection, the Chair shall— 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
166 
(A) establish the criteria necessary to de-
termine that a State law or regulation is sub-
stantially equivalent to a Federal law described 
in section 330(a)(3) of title 23, United States 
Code; 
(B) ensure that such criteria, at a min-
imum— 
(i) provide for protection of the envi-
ronment; 
(ii) provide opportunity for public par-
ticipation and comment, including access 
to the documentation necessary to review 
the potential impact of a project; and 
(iii) ensure a consistent review of 
projects that would otherwise have been 
covered under Federal law. 
(d) CLERICAL AMENDMENT.—The analysis for chap-
ter 3 of title 23, United States Code, is amended by add-
ing at the end the following: 
‘‘330. Program for eliminating duplication of environmental reviews.’’. 
SEC. 1314. ASSESSMENT OF PROGRESS ON ACCELERATING 
PROJECT DELIVERY. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Comptroller General 
of the United States shall assess the progress made under 
this 
Act, 
MAP–21 
(Public 
Law 
112–141), 
and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
167 
SAFETEA–LU (Public Law 109–59), including the 
amendments made by those Acts, to accelerate the delivery 
of Federal-aid highway and highway safety construction 
projects and public transportation capital projects by 
streamlining the environmental review and permitting 
process. 
(b) CONTENTS.—The assessment required under sub-
section (a) shall evaluate— 
(1) how often the various streamlining provi-
sions have been used; 
(2) which of the streamlining provisions have 
had the greatest impact on streamlining the environ-
mental review and permitting process; 
(3) what, if any, impact streamlining of the 
process has had on environmental protection; 
(4) how, and the extent to which, streamlining 
provisions have improved and accelerated the process 
for permitting under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
and other applicable Federal laws; 
(5) what impact actions by the Council on En-
vironmental Quality have had on accelerating Fed-
eral-aid highway and highway safety construction 
projects and public transportation capital projects; 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
168 
(6) the number and percentage of projects that 
proceed under a traditional environmental assess-
ment or environmental impact statement, and the 
number and percentage of projects that proceed 
under categorical exclusions; 
(7) the extent to which the environmental re-
view and permitting process remains a significant 
source of project delay and the sources of delays; 
and 
(8) the costs of conducting environmental re-
views and issuing permits or licenses for a project, 
including the cost of contractors and dedicated agen-
cy staff. 
(c) RECOMMENDATIONS.—The assessment required 
under subsection (a) shall include recommendations with 
respect to— 
(1) additional opportunities for streamlining the 
environmental review process, including regulatory 
or statutory changes to accelerate the processes of 
Federal agencies (other than the Department) with 
responsibility for reviewing Federal-aid highway and 
highway safety construction projects and public 
transportation capital projects without negatively 
impacting the environment; and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
169 
(2) best practices of other Federal agencies that 
should be considered for adoption by the Depart-
ment. 
(d) REPORT TO CONGRESS.—The Comptroller Gen-
eral of the United States shall submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and 
Public Works of the Senate a report containing the assess-
ment and recommendations required under this section. 
SEC. 1315. IMPROVING STATE AND FEDERAL AGENCY EN-
GAGEMENT IN ENVIRONMENTAL REVIEWS. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by inserting after section 306 the following: 
‘‘§ 307. Improving State and Federal agency engage-
ment in environmental reviews 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUESTS TO PROVIDE FUNDS.—A public 
entity receiving financial assistance from the De-
partment of Transportation for 1 or more projects, 
or for a program of projects, for a public purpose 
may request that the Secretary allow the public enti-
ty to provide funds to Federal agencies, including 
the Department, State agencies, and Indian tribes 
participating in the environmental planning and re-
view process for the project, projects, or program. 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
170 
‘‘(2) USE OF FUNDS.—The funds may be pro-
vided only to support activities that directly and 
meaningfully contribute to expediting and improving 
permitting and review processes, including planning, 
approval, and consultation processes for the project, 
projects, or program. 
‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activi-
ties for which funds may be provided under subsection (a) 
include transportation planning activities that precede the 
initiation of the environmental review process, activities 
directly related to the environmental review process, dedi-
cated staffing, training of agency personnel, information 
gathering and mapping, and development of programmatic 
agreements. 
‘‘(c) AMOUNTS.—Requests under subsection (a) may 
be approved only for the additional amounts that the Sec-
retary determines are necessary for the Federal agencies, 
State agencies, or Indian tribes participating in the envi-
ronmental review process to timely conduct their review. 
‘‘(d) AGREEMENTS.—Prior to providing funds ap-
proved by the Secretary for dedicated staffing at an af-
fected Federal agency under subsection (a), the affected 
Federal agency and the requesting public entity shall enter 
into an agreement that establishes a process to identify 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS
171 
projects or priorities to be addressed by the use of the 
funds. 
‘‘(e) RULEMAKING.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this section, the Sec-
retary shall initiate a rulemaking to implement this 
section. 
‘‘(2) FACTORS.—As part of the rulemaking car-
ried out under paragraph (1), the Secretary shall en-
sure— 
‘‘(A) to the maximum extent practicable, 
that expediting and improving the process of 
environmental review and permitting through 
the use of funds accepted and expended under 
this section does not adversely affect the 
timeline for review and permitting by Federal 
agencies, State agencies, or Indian tribes of 
other entities that have not contributed funds 
under this section; 
‘‘(B) that the use of funds accepted under 
this section will not impact impartial decision-
making with respect to environmental reviews 
or permits, either substantively or procedurally; 
and 
VerDate Sep 11 2014 
00:32 Oct 21, 2015
Jkt 059200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H3763.IH
H3763
SSpencer on DSK4SPTVN1PROD with BILLS