for a fiscal year to any other apportionment of the State 
under any of those paragraphs for that fiscal year. 
‘‘(b) APPLICATION
TO CERTAIN SET-ASIDES.—No 
funds may be transferred under this section that are sub-
ject to section 104(f) or section 133(d)(3).’’. 
SEC. 1113. FERRY BOATS AND FERRY TERMINAL FACILI-
TIES. 
Section 147 is amended— 
(1) in subsection (b) by striking ‘‘ferry boats, 
ferry terminals, and ferry maintenance facilities’’ 
and inserting ‘‘ferry boats and ferry terminals’’; 
(2) by striking subsections (c), (d), and (e) and 
inserting the following: 
‘‘(c) APPORTIONMENT OF FUNDS.—The Secretary 
shall apportion the sums authorized to be appropriated for 
expenditure on the construction of ferry boats and ferry 
terminal facilities for each fiscal year among eligible 
States in the following manner: 
‘‘(1) 35 percent based on the total annual num-
ber of vehicles carried by ferry systems operating in 
each eligible State. 
‘‘(2) 35 percent based on the total annual num-
ber of passengers (including passengers in vehicles) 
carried by ferry systems operating in each eligible 
State. 
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‘‘(3) 30 percent based on the total nautical 
route miles serviced by ferry systems operating in 
each eligible State. 
‘‘(d) ELIGIBLE STATE DEFINED.—In this section, 
the term ‘eligible State’ means a State that has a ferry 
system operating in the State or between the State and 
another State.’’; and 
(3) by redesignating subsection (f) as sub-
section (e). 
SEC. 1114. NATIONAL HIGHWAY BRIDGE AND TUNNEL IN-
VENTORY AND INSPECTION PROGRAM. 
(a) IN GENERAL.—Section 151 is amended to read 
as follows: 
‘‘§ 151. National highway bridge and tunnel inventory 
and inspection program 
‘‘(a) NATIONAL HIGHWAY BRIDGE AND TUNNEL IN-
VENTORY.—The Secretary, in consultation with the States 
and Federal agencies with jurisdiction over highway 
bridges and tunnels, shall— 
‘‘(1) inventory all bridges on public roads, on 
and off Federal-aid highways, including tribally 
owned and federally owned bridges, that are over 
waterways, other topographical barriers, other high-
ways, and railroads; 
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‘‘(2) inventory all tunnels on public roads, on 
and off Federal–aid highways, including tribally 
owned and federally owned tunnels; 
‘‘(3) identify each bridge or tunnel inventoried 
under paragraph (1) or (2) that is structurally defi-
cient or functionally obsolete; 
‘‘(4) assign a risk-based priority for replace-
ment or rehabilitation of each structurally deficient 
bridge or tunnel identified under paragraph (3) after 
consideration of safety, serviceability, and essen-
tiality for public use, including the potential impacts 
to emergency evacuation routes and to regional and 
national freight and passenger mobility if the serv-
iceability of the bridge or tunnel is diminished; and 
‘‘(5) determine the cost of replacing each struc-
turally deficient bridge or tunnel identified under 
paragraph (3) with a comparable facility or the cost 
of rehabilitating the bridge or tunnel. 
‘‘(b) NATIONAL HIGHWAY BRIDGE AND TUNNEL IN-
SPECTION STANDARDS.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and maintain inspection standards for the prop-
er safety inspection and evaluation of all highway 
bridges and tunnels described in subsections (a)(1) 
and (a)(2). The standards shall be designed to en-
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sure uniformity in the conduct of such inspections 
and evaluations. 
‘‘(2) MINIMUM
REQUIREMENTS
FOR
INSPEC-
TION STANDARDS.—At a minimum, the standards 
established under paragraph (1) shall— 
‘‘(A) specify, in detail, the method by 
which inspections will be carried out by States, 
Federal agencies, and tribal governments; 
‘‘(B) establish the maximum time period 
between inspections; 
‘‘(C) establish the qualifications for those 
charged with carrying out inspections; 
‘‘(D) require each State, Federal agency, 
and tribal government to maintain and make 
available to the Secretary upon request— 
‘‘(i) written reports on the results of 
highway bridge and tunnel inspections, to-
gether with notations of any action taken 
pursuant to the findings of such inspec-
tions; and 
‘‘(ii) inventory data for all highway 
bridges and tunnels described in sub-
sections (a)(1) and (a)(2) under the juris-
diction of the State, Federal agency, or 
tribal government that reflect the findings 
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of the most recent highway bridge and tun-
nel inspections; 
‘‘(E) establish a procedure for national 
certification of highway bridge and tunnel in-
spectors; 
‘‘(F) establish, in consultation with the 
States, Federal agencies, and interested and 
knowledgeable private organizations and indi-
viduals, procedures for the Secretary to conduct 
reviews of State and Federal agency compliance 
with the standards established under this sub-
section; and 
‘‘(G) establish, in consultation with the 
States, Federal agencies, and interested and 
knowledgeable private organizations and indi-
viduals, procedures for the States to follow in 
reporting to the Secretary— 
‘‘(i) critical findings relating to struc-
tural safety-related deficiencies of highway 
bridges and tunnels; and 
‘‘(ii) monitoring activities and correc-
tive actions taken in response to a critical 
finding described in clause (i). 
‘‘(3) COMPLIANCE REQUIREMENTS.— 
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‘‘(A) REVIEWS OF STATE COMPLIANCE.— 
The Secretary shall annually review State com-
pliance with the standards established under 
this section. 
‘‘(B) FINDINGS OF NONCOMPLIANCE.—If 
the Secretary identifies noncompliance by a 
State in conducting an annual review under 
subparagraph (A), the Secretary shall issue a 
report detailing the noncompliance by December 
31 of the calendar year in which the review is 
conducted and shall provide the State an oppor-
tunity to address the noncompliance by— 
‘‘(i) developing a corrective action 
plan to remedy the noncompliance; or 
‘‘(ii) 
resolving 
the 
noncompliance 
within 45 days of receiving notification of 
the noncompliance. 
‘‘(4) PENALTY FOR NONCOMPLIANCE.— 
‘‘(A) FUNDING
REQUIREMENT.—If the 
Secretary identifies noncompliance by a State in 
conducting an annual review under paragraph 
(3)(A) in a calendar year, and the State fails to 
address the noncompliance in the manner de-
scribed in paragraph (3)(B) by August 1 of the 
succeeding year, on October 1 of such suc-
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‘‘(3) an Indian tribe may use funds made avail-
able to the Indian tribe under section 502; and 
‘‘(4) a Federal agency may use funds made 
available to the agency under section 503.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 is amended by striking the item relating to section 
151 and inserting the following: 
‘‘151. National highway bridge and tunnel inventory and inspection program.’’. 
SEC. 1115. MINIMUM INVESTMENT IN HIGHWAY BRIDGES. 
(a) MINIMUM INVESTMENT REQUIREMENTS.— 
(1) NATIONAL
HIGHWAY
SYSTEM
BRIDGES.— 
Out of amounts apportioned to a State for a fiscal 
year under each of sections 104(b)(1) and 104(b)(3) 
of title 23, United States Code, an amount equal to 
10 percent of such amounts shall be available to the 
State only for eligible projects on highway bridges 
on the National Highway System if the Secretary 
determines under paragraph (3) for the fiscal year 
that more than 10 percent of the total deck area of 
highway bridges in the State on the National High-
way System is located on highway bridges that have 
been classified as structurally deficient. 
(2) BRIDGES
NOT
ON
FEDERAL-AID
HIGH-
WAYS.—Out of amounts apportioned to a State for 
a fiscal year under section 104(b)(3) of title 23, 
United States Code, an amount equal to 110 percent 
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of the amount that the State was required to expend 
for fiscal year 2009 on projects under section 
144(f)(2) of such title (as in effect on the day before 
the date of enactment of this Act) shall be available 
to the State only for eligible projects on highway 
bridges not on Federal-aid highways if the Secretary 
determines under paragraph (3) for the fiscal year 
that more than 15 percent of the total deck area of 
highway bridges not on Federal-aid highways in the 
State is located on highway bridges not on Federal- 
aid highways that have been classified as struc-
turally deficient. 
(3) USE OF DATA IN NATIONAL BRIDGE AND 
TUNNEL INVENTORY.—The Secretary shall make the 
determinations under paragraphs (1) and (2) with 
respect to a State for a fiscal year based on an aver-
age of the final data concerning highway bridges in 
the State contained in the national bridge and tun-
nel inventory for the most recent 3 calendar years 
for which such data are available. 
(4) 
APPLICABILITY.—This 
subsection 
shall 
apply to amounts apportioned for each of fiscal 
years 2013 through 2016. 
(5) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
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(A) ELIGIBLE PROJECT.—The term ‘‘eligi-
ble project’’ means a project to replace (includ-
ing replacement with fill material), rehabilitate, 
preserve, or protect (including through paint-
ing, scour countermeasures, seismic retrofits, 
impact protection measures, security counter-
measures, and protection against extreme 
events) a bridge or tunnel on a public road of 
any functional classification. 
(B) NATIONAL BRIDGE AND TUNNEL IN-
VENTORY.—The term ‘‘national bridge and tun-
nel inventory’’ means the national bridge and 
tunnel inventory established under section 151 
of title 23, United States Code (as amended by 
this title). 
(b) BRIDGE REHABILITATION AND REPLACEMENT.— 
Section 217(e) is amended by striking ‘‘then such bridge’’ 
and all that follows before the period at the end and in-
serting ‘‘the State carrying out the rehabilitation or re-
placement is encouraged to provide such safe accommoda-
tions as part of the rehabilitation or replacement’’. 
SEC. 1116. MINIMUM PENALTIES FOR REPEAT OFFENDERS 
FOR DRIVING WHILE INTOXICATED OR DRIV-
ING UNDER THE INFLUENCE. 
(a) DEFINITIONS.—Section 164(a) is amended— 
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(1) by striking paragraph (3); 
(2) by redesignating paragraphs (4) and (5) as 
paragraphs (3) and (4), respectively; and 
(3) in paragraph (4), as so redesignated by 
paragraph (2) of this subsection, by amending sub-
paragraph (A) to read as follows: 
‘‘(A) receive— 
‘‘(i) a suspension of all driving privi-
leges for not less than 1 year; or 
‘‘(ii) a suspension of unlimited driving 
privileges for 1 year with limited driving 
privileges permitted (subject to require-
ments established under State law) if an 
ignition interlock device is installed for not 
less than 1 year on each motor vehicle 
owned or operated, or both, by the indi-
vidual;’’. 
(b) TRANSFER OF FUNDS.—Section 164(b)(1)(A) is 
amended by striking ‘‘alcohol-impaired driving counter-
measures’’ and inserting ‘‘projects and activities address-
ing impaired driving (as such term is defined in section 
402(p)(11))’’. 
SEC. 1117. PUERTO RICO HIGHWAY PROGRAM. 
(a) IN GENERAL.—Section 165 is amended by strik-
ing subsections (a) and (b) and inserting the following: 
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‘‘(a) ALLOCATION OF FUNDS.—On October 1 of each 
fiscal year, the Secretary shall allocate the funds made 
available for the fiscal year to carry out this section to 
the Commonwealth of Puerto Rico to carry out a highway 
program in the Commonwealth. 
‘‘(b) APPLICABILITY
OF TITLE.—Amounts made 
available to carry out this section shall be available for 
obligation in the same manner as if such funds were ap-
portioned under this chapter.’’. 
(b) CONFORMING
AMENDMENT.—Section 165 is 
amended— 
(1) in subsection (c)(1) by striking ‘‘sections 
104(b) and 144’’ and inserting ‘‘section 104(b)’’; 
and 
(2) in subsection (d) by striking ‘‘sections 104 
and 144’’ and inserting ‘‘section 104’’. 
SEC. 1118. APPALACHIAN DEVELOPMENT HIGHWAY SYS-
TEM. 
(a) APPORTIONMENT.—The Secretary shall appor-
tion funds made available under section 1101(a) for the 
Appalachian development highway system program for 
each of fiscal years 2013 through 2016 among the States 
in the ratio that— 
(1) the latest available cost to complete esti-
mate for the Appalachian development highway sys-
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tem under section 14501 of title 40, United States 
Code, with respect to each State; bears to 
(2) the latest available cost to complete esti-
mate for that system with respect to all States. 
(b) MINIMUM
AND MAXIMUM APPORTIONMENT.— 
Notwithstanding subsection (a), each State that receives 
an apportionment under subsection (a) shall receive— 
(1) not less than 1 percent of the funds appor-
tioned under this section; and 
(2) not more than 25 percent of the funds ap-
portioned under this section. 
(c) APPLICABILITY
OF TITLE 23.—Funds made 
available under section 1101(a) of this Act for the Appa-
lachian development highway system program shall be 
available for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, United 
States Code, except that the Federal share of the cost of 
any project under this section shall be determined in ac-
cordance with section 14501 of title 40, United States 
Code, and such funds shall be available to construct high-
ways and access roads under such section 14501 and shall 
remain available until expended. 
(d) CREDIT
FOR NON-FEDERAL SHARE.—Section 
120(j)(1)(A) is amended by striking ‘‘and the Appalachian 
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development highway system program under section 
14501 of title 40’’. 
SEC. 1119. REFERENCES TO MASS TRANSIT ACCOUNT. 
Any reference to the Mass Transit Account of the 
Highway Trust Fund in title 23 or 49, United States 
Code, or in any other provision of law shall be deemed 
to refer to the Alternative Transportation Account of the 
Highway Trust Fund. 
Subtitle B—Innovative Financing 
SEC. 1201. TRANSPORTATION INFRASTRUCTURE FINANCE 
AND INNOVATION. 
(a) DEFINITIONS.— 
(1) 
ELIGIBLE
PROJECT
COSTS.—Section 
601(a)(1) is amended in the matter preceding sub-
paragraph (A) by inserting ‘‘(regardless of when in-
curred)’’ after ‘‘including the cost’’. 
(2) MASTER
CREDIT
AGREEMENT.—Section 
601(a) is amended— 
(A) 
by 
redesignating 
paragraphs 
(7) 
through (14) as paragraphs (8) through (15), 
respectively; and 
(B) by inserting after paragraph (6) the 
following: 
‘‘(7) MASTER CREDIT AGREEMENT.—The term 
‘master credit agreement’ means an agreement en-
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tered into by and between the Secretary and an obli-
gor for a project that— 
‘‘(A) makes contingent commitments of 
one or more secured loans or other Federal 
credit instruments at future dates; 
‘‘(B) establishes the amounts and general 
terms and conditions of such secured loans or 
other Federal credit instruments; 
‘‘(C) identifies the dedicated revenue 
sources that will secure the repayment of such 
secured loans or other Federal credit instru-
ments, which may differ by project; and 
‘‘(D) provides for the obligation of funds 
for such a secured loan or other Federal credit 
instrument for a project included in the agree-
ment after all requirements under this section 
have been met for the project.’’. 
(3) OBLIGOR.—Section 601(a)(8) (as redesig-
nated by paragraph (2)(A) of this subsection) is 
amended by inserting ‘‘limited liability company,’’ 
after ‘‘corporation,’’. 
(4) PROJECT.—Section 601(a)(9) (as redesig-
nated by paragraph (2)(A) of this subsection) is 
amended— 
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(A) by striking ‘‘and’’ at the end of sub-
paragraph (C); 
(B) by striking the period at the end of 
subparagraph (D) and inserting a semicolon; 
and 
(C) by adding at the end the following: 
‘‘(E) a program of related transportation 
projects that— 
‘‘(i) are coordinated to achieve a com-
mon transportation goal; 
‘‘(ii) are eligible for funding under 
this title or chapter 53 of title 49; and 
‘‘(iii) together receive not more than 
30 percent of their funding for capital 
costs from Federal grant funds made avail-
able under this title or chapter 53 of title 
49; and 
‘‘(F) a highway, transit, or pedestrian 
project, or grouping of projects, that— 
‘‘(i) improves mobility; and 
‘‘(ii) is located within the station area 
of a transit, passenger rail, or intercity bus 
station.’’. 
(5) SUBSIDY AMOUNT.—Section 601(a)(14) (as 
redesignated by paragraph (2)(A) of this subsection) 
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is amended by inserting ‘‘, or other source of funds 
provided pursuant to section 608(c)(2),’’ after 
‘‘budget authority’’. 
(b) PROJECT APPLICATIONS AND DETERMINATIONS 
OF ELIGIBILITY.— 
(1) IN GENERAL.—Section 602 is amended to 
read as follows: 
‘‘SEC. 602. PROJECT APPLICATIONS AND DETERMINATIONS 
OF ELIGIBILITY. 
‘‘(a) PROJECT APPLICATIONS.— 
‘‘(1) IN GENERAL.—A State, local government, 
agency or instrumentality of a State or local govern-
ment, public authority, private party to a public-pri-
vate partnership, or any other legal entity under-
taking a project may submit to the Secretary an ap-
plication requesting financial assistance under this 
chapter for the project. 
‘‘(2) MASTER CREDIT AGREEMENTS.—An appli-
cation submitted under paragraph (1) may request 
that financial assistance under this chapter be pro-
vided under a master credit agreement. 
‘‘(3) APPLICATIONS WHERE OBLIGOR WILL BE 
IDENTIFIED
LATER.—A State, local government, 
agency or instrumentality of a State or local govern-
ment, or public authority may submit an application 
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to the Secretary under paragraph (1) under which a 
private party to a public-private partnership will be 
the obligor and will be identified later through com-
pletion of a procurement and selection of the private 
party. 
‘‘(b) ELIGIBILITY.— 
‘‘(1) APPROVAL.—The Secretary shall approve 
an application submitted under subsection (a)(1) for 
each project that meets the criteria specified in 
paragraph (2). 
‘‘(2) CRITERIA.—To be eligible to receive finan-
cial assistance under this chapter, a project shall 
meet the following criteria: 
‘‘(A) 
INCLUSION
IN
TRANSPORTATION 
PLANS AND PROGRAMS.—The project shall sat-
isfy the applicable planning and programmatic 
requirements of sections 5203 and 5204 of title 
49— 
‘‘(i) in the case of an application for 
financial assistance to be provided under a 
master credit agreement, at such time as 
credit assistance is provided for the project 
pursuant to the master credit agreement; 
and 
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‘‘(ii) in the case of any other project 
application, at such time as an agreement 
to make available a Federal credit instru-
ment is entered into under this chapter. 
‘‘(B) CREDITWORTHINESS.— 
‘‘(i) IN GENERAL.—The project shall 
satisfy applicable creditworthiness stand-
ards, including, at a minimum— 
‘‘(I) a rate covenant, if applica-
ble; 
‘‘(II) adequate coverage require-
ments to ensure repayment; 
‘‘(III) an investment grade rating 
from at least 2 rating agencies on 
debt senior to the Federal credit in-
strument; and 
‘‘(IV) a rating from at least 2 
rating agencies on the Federal credit 
instrument. 
‘‘(ii) 
AMOUNTS
LESS
THAN 
$75,000,000.—Notwithstanding 
clauses 
(i)(III) and (i)(IV), if the senior debt and 
Federal credit instrument is for an amount 
less than $75,000,000, 1 rating agency 
opinion for each of the senior debt and 
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Federal credit instrument shall be suffi-
cient. 
‘‘(iii) FEDERAL CREDIT INSTRUMENTS 
THAT ARE THE SENIOR DEBT.—Notwith-
standing clauses (i)(III) and (i)(IV), in a 
case in which the Federal credit instru-
ment is the senior debt, the Federal credit 
instrument shall be required to receive an 
investment grade rating from at least 2 
rating agencies. 
‘‘(C) ELIGIBLE PROJECT COSTS.—The eli-
gible costs of the project— 
‘‘(i) in the case of a project described 
in section 601(a)(9)(F) or a project prin-
cipally involving the installation of an intel-
ligent transportation system, shall be rea-
sonably anticipated to equal or exceed 
$15,000,000; 
‘‘(ii) in the case of a project for which 
financial assistance will be provided under 
a master credit agreement, shall be reason-
ably 
anticipated 
to 
equal 
or 
exceed 
$1,000,000,000; and 
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‘‘(iii) in the case of any other project, 
shall be reasonably anticipated to equal or 
exceed the lesser of— 
‘‘(I) $50,000,000; or 
‘‘(II) 331⁄3 percent of the amount 
apportioned, out of amounts made 
available from the Highway Trust 
Fund (other than the Alternative 
Transportation Account), to the State 
in which the project is located for 
Federal-aid highway and highway 
safety construction programs for the 
most recently completed fiscal year. 
‘‘(D) DEDICATED
REVENUE
SOURCES.— 
The Federal credit instrument for the project 
shall be repayable, in whole or in part, from 
tolls, user fees, payments owing to the obligor 
under a public-private partnership, or other 
dedicated revenue sources that also secure or 
fund the project obligations. 
‘‘(E) 
REGIONAL
SIGNIFICANCE.—The 
project shall be regionally significant (as de-
fined in regulations implementing sections 134 
and 135 (as in effect on the day before the date 
of enactment of the American Energy and In-
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frastructure Jobs Act of 2012)) or otherwise 
significantly enhance the national transpor-
tation system. 
‘‘(F) PUBLIC
SPONSORSHIP
OF
PRIVATE 
ENTITIES.—In the case of a project undertaken 
by an entity that is not a State or local govern-
ment (or an agency or instrumentality of a 
State or local government), the project shall be 
publicly sponsored as provided under subsection 
(a). 
‘‘(G) BENEFICIAL
EFFECTS.—The Sec-
retary shall determine that financial assistance 
for the project under this chapter will— 
‘‘(i) foster an innovative public-private 
partnership and attract private debt or eq-
uity investment for the project; 
‘‘(ii) enable the project to proceed at 
an earlier date than the project would oth-
erwise be able to proceed or reduce the 
project’s life cycle costs, including debt 
service costs; and 
‘‘(iii) reduce the contribution of Fed-
eral grant assistance for the project. 
‘‘(H) PROJECT
READINESS.—The appli-
cant shall demonstrate that the contracting 
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100 
process for construction of the project can be 
commenced not later than 90 days after the 
date on which a Federal credit instrument is se-
cured for the project under this chapter. 
‘‘(c) PRELIMINARY RATING OPINION LETTER.—For 
purposes of subsection (b)(2)(B), the Secretary shall re-
quire each applicant for a project to provide a preliminary 
rating opinion letter from at least 1 rating agency indi-
cating that the project’s senior obligations, which may 
consist, in whole or in part, of the Federal credit instru-
ment, have the potential to achieve an investment-grade 
rating. 
‘‘(d) APPROVAL OF APPLICATIONS AND FUNDING.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) approve applications for projects that 
meet the criteria specified in subsection (b)(2) 
in the order in which the Secretary receives the 
applications; and 
‘‘(B) commit or conditionally commit budg-
et authority for projects, out of amounts made 
available to carry out this chapter for a fiscal 
year, in the order in which the Secretary ap-
proves the applications for such projects. 
‘‘(2) INSUFFICIENT FUNDS.—If the Secretary 
approves an application submitted under subsection 
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(a)(1) for a project in a fiscal year, but is unable to 
provide financial assistance for the project in that 
fiscal year as a result of prior commitments or con-
ditional commitments of budget authority under this 
chapter, the Secretary shall provide the project spon-
sor with the option of receiving such financial assist-
ance as soon as sufficient budget authority is made 
available to carry out this chapter in a subsequent 
fiscal year. 
‘‘(e) PROCEDURES FOR DETERMINING PROJECT ELI-
GIBILITY.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish procedures for— 
‘‘(A) processing applications received under 
subsection (a)(1) requesting financial assistance 
for projects; and 
‘‘(B) approving or disapproving the appli-
cations based on whether the projects meet the 
criteria specified in subsection (b)(2). 
‘‘(2) 
APPLICATION
PROCESSING
PROCE-
DURES.—The procedures shall meet the following re-
quirements: 
‘‘(A) The procedures may not restrict when 
applications may be filed. 
‘‘(B) The procedures shall ensure that— 
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‘‘(i) the Secretary will provide written 
notice to an applicant, on or before the 
15th day following the date of receipt of 
the applicant’s application, informing the 
applicant of whether the application is 
complete; 
‘‘(ii) if the application is complete, the 
Secretary will provide written notice to the 
applicant, on or before the 60th day fol-
lowing the date of issuance of written no-
tice for the application under clause (i), in-
forming the applicant of whether the Sec-
retary has approved or disapproved the ap-
plication; 
‘‘(iii) if the application is not com-
plete, the Secretary will provide written no-
tice to the applicant, together with the 
written notice issued for the application 
under clause (i), informing the applicant of 
the information and materials needed to 
complete the application; and 
‘‘(iv) if the Secretary does not provide 
written notice to an applicant under clause 
(i) in the 15-day period specified in clause 
(i)— 
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‘‘(I) the applicant’s application is 
deemed complete; and 
‘‘(II) the Secretary will provide 
written notice to the applicant, on or 
before the 60th day following the last 
day of such 15-day period, informing 
the applicant of whether the Secretary 
has approved or disapproved the ap-
plication. 
‘‘(C) The procedures may not use eligi-
bility criteria that are supplemental to those es-
tablished by this chapter. 
‘‘(D) In accordance with subsection (b)(1), 
the procedures shall require approval of an ap-
plication if the project meets the eligibility cri-
teria specified in subsection (b)(2). 
‘‘(E) The procedures shall require that any 
written notice of disapproval of an application 
identify the eligibility criteria that were not sat-
isfied and contain an explanation of the defi-
ciencies that resulted in failure to meet such 
criteria. 
‘‘(3) SPECIAL
RULES
FOR
MASTER
CREDIT 
AGREEMENTS.—The Secretary shall issue special 
rules for— 
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‘‘(A) processing applications under which 
financial assistance will be provided under a 
master credit agreement; and 
‘‘(B) approving or disapproving such appli-
cations based on whether the proposed project 
or program of related projects meets the appli-
cable eligibility criteria specified in section 
601(a)(7). 
‘‘(f) APPLICATION APPROVAL.—Approval of an appli-
cation for a project under subsection (a)(1) qualifies the 
project for execution of a conditional term sheet estab-
lishing a conditional commitment of credit assistance. 
‘‘(g) FEDERAL REQUIREMENTS.—In addition to the 
requirements of this title for highway projects, chapter 53 
of title 49 for public transportation projects, and section 
5333(a) of title 49 for rail projects, the following provi-
sions of law shall apply to funds made available under this 
chapter and projects assisted with the funds: 
‘‘(1) Title VI of the Civil Rights Act of 1964 
(42 U.S.C. 2000d et seq.). 
‘‘(2) The National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(3) The Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 1970 (42 
U.S.C. 4601 et seq.). 
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‘‘(h) DEVELOPMENT PHASE ACTIVITIES.—Any credit 
instrument secured under this chapter may be used to fi-
nance 100 percent of the cost of development phase activi-
ties as described in section 601(a)(1)(A) if the total 
amount of the credit instrument does not exceed the max-
imum amount for such instrument prescribed in this chap-
ter.’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
chapter 6 is amended by striking the item relating 
to section 602 and inserting the following: 
‘‘602. Project applications and determinations of eligibility.’’. 
(c) SECURED LOANS.— 
(1) IN GENERAL.— 
(A) APPROVAL
OF
PROJECTS.—Section 
603 is amended by striking ‘‘selected’’ each 
place it appears and inserting ‘‘approved’’. 
(B) AGREEMENTS.—Section 603(a)(1) is 
amended in the matter preceding subparagraph 
(A) by inserting ‘‘, including master credit 
agreements,’’ after ‘‘agreements’’. 
(C) RISK ASSESSMENT.—Section 603(a)(3) 
is amended by striking ‘‘602(b)(2)(B)’’ and in-
serting ‘‘602(c)’’. 
(2) TERMS AND LIMITATIONS.— 
(A) IN
GENERAL.—Section 603(b)(1) is 
amended by inserting ‘‘are consistent with this 
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106 
chapter and its purpose and that’’ before ‘‘the 
Secretary determines appropriate.’’. 
(B) 
MAXIMUM
AMOUNTS.—Section 
603(b)(2) is amended to read as follows: 
‘‘(2) MAXIMUM AMOUNTS.—The amount of the 
secured loan may not exceed 49 percent of the rea-
sonably anticipated eligible project costs.’’. 
(C) PAYMENT.—Section 603(b)(3)(A)(i) is 
amended by inserting ‘‘payments owing to the 
obligor under a public-private partnership,’’ be-
fore ‘‘or other dedicated revenue sources’’. 
(D) 
NONSUBORDINATION.—Section 
603(b)(6) is amended by inserting after 
‘‘project obligations’’ the following: ‘‘entered 
into after the date on which the agreement to 
provide the secured loan is entered into under 
this section (except that such obligations do not 
include project obligations issued to refund 
prior project obligations or project obligations 
not contemplated by the parties at the time)’’. 
(d) LINES OF CREDIT.— 
(1) 
APPROVAL
OF
PROJECTS.—Section 
604(a)(1) is amended by striking ‘‘selected’’ and in-
serting ‘‘approved’’. 
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(2) RISK
ASSESSMENT.—Section 604(a)(3) is 
amended by striking ‘‘602(b)(2)(B)’’ and inserting 
‘‘602(c)’’. 
(3) TERMS AND LIMITATIONS.— 
(A) IN
GENERAL.—Section 604(b)(1) is 
amended by inserting ‘‘are consistent with this 
chapter and its purpose and that’’ before ‘‘the 
Secretary determines appropriate.’’. 
(B) 
MAXIMUM
AMOUNTS.—Section 
604(b)(2) is amended to read as follows: 
‘‘(2) MAXIMUM AMOUNTS.—The total amount 
of the line of credit may not exceed 49 percent of 
the reasonably anticipated eligible project costs.’’. 
(C) SECURITY.—Section 604(b)(5)(A)(i) is 
amended by inserting ‘‘payments owing to the 
obligor under a public-private partnership,’’ be-
fore ‘‘or other dedicated revenue sources’’. 
(D) 
NONSUBORDINATION.—Section 
604(b)(8) is amended by inserting after 
‘‘project obligations’’ the following: ‘‘entered 
into after the date on which the agreement to 
provide the direct loan is entered into under 
this section (except that such obligations do not 
include project obligations issued to refund 
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prior project obligations or project obligations 
not contemplated by the parties at the time)’’. 
(E) RELATIONSHIP TO OTHER CREDIT IN-
STRUMENTS.—Section 604(b)(10) is amended 
by striking ‘‘33 percent’’ and inserting ‘‘49 per-
cent’’. 
(e) PROGRAM ADMINISTRATION.—Section 605 is 
amended by adding at the end the following: 
‘‘(e) EXPEDITED PROCESSING.—The Secretary shall 
implement procedures and measures to economize the time 
and cost involved in obtaining approval and the issuance 
of credit assistance under this chapter.’’. 
(f) FUNDING.— 
(1) IN GENERAL.—Section 608(a)(1) is amend-
ed to read as follows: 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated from the Highway Trust Fund (other 
than the Alternative Transportation Account) to 
carry out this chapter $1,000,000,000 for each of 
fiscal years 2013 through 2016.’’. 
(2) 
ADMINISTRATIVE
COSTS.—Section 
608(a)(3) is amended by striking ‘‘$2,200,000 for 
each of fiscal years 2005 through 2009’’ and insert-
ing ‘‘$3,250,000 for each of fiscal years 2013 
through 2016’’. 
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(3) PROJECTS
UNDER
A
MASTER
CREDIT 
AGREEMENT.—Section 608(a) is amended by adding 
at the end the following: 
‘‘(4) PROJECTS
UNDER
A
MASTER
CREDIT 
AGREEMENT.—The Secretary may commit or condi-
tionally commit to projects covered by master credit 
agreements not more than 15 percent of the amount 
of budget authority for each fiscal year under para-
graph (1). This limitation does not apply to a 
project under a master credit agreement that has re-
ceived final credit approval.’’. 
(4) EXHAUSTION
OF
AVAILABILITY.—Section 
608 is amended by adding at the end the following: 
‘‘(c) EXHAUSTION OF AVAILABILITY.— 
‘‘(1) NOTICE OF EXHAUSTION.—Whenever the 
Secretary fully commits budget authority available in 
a fiscal year under subparagraph (a)(1), the Sec-
retary shall— 
‘‘(A) publish notice of that fact in the Fed-
eral Register; and 
‘‘(B) deliver written notice of that fact to 
the applicants under all approved and pending 
applications. 
‘‘(2) ELECTION TO USE OTHER SOURCES FOR 
SUBSIDY AMOUNT.—An applicant may elect in its 
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application or at any time after receipt of such no-
tice to pay the subsidy amount from available 
sources other than the budget authority available in 
a fiscal year under subparagraph (a)(1), including 
from Federal assistance available to the applicant 
under this title or chapter 53 of title 49. 
‘‘(d) USE OF UNALLOCATED FUNDS.— 
‘‘(1) DISTRIBUTION AMONG STATES.—On Sep-
tember 1 of each fiscal year, the Secretary shall dis-
tribute any remaining budget authority made avail-
able in subsection (a)(1) among the States in the 
ratio that— 
‘‘(A) the amount authorized to be appor-
tioned, out of amounts made available from the 
Highway Trust Fund (other than the Alter-
native Transportation Account), to each State 
for the National Highway System program, the 
surface transportation program, and highway 
safety improvement program for the fiscal year; 
bears to 
‘‘(B) the amount authorized to be appor-
tioned, out of amounts made available from the 
Highway Trust Fund (other than the Alter-
native Transportation Account), to all States 
for the National Highway System program, the 
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surface transportation program, and highway 
safety improvement program for the fiscal year. 
‘‘(2) ELIGIBLE
PURPOSES.—Such budget au-
thority shall be available for any purpose eligible for 
funding under section 133.’’. 
SEC. 1202. STATE INFRASTRUCTURE BANK PROGRAM. 
(a) FUNDING.— 
(1) IN
GENERAL.—Section 610(d) is amend-
ed— 
(A) by striking ‘‘fiscal years 2005 through 
2009’’ each place that it appears and inserting 
‘‘fiscal years 2013 through 2016’’; and 
(B) by striking ‘‘10 percent’’ each place 
that it appears and inserting ‘‘15 percent’’. 
(2) HIGHWAY ACCOUNTS.—Section 610(d)(1) is 
amended— 
(A) in subparagraph (A) by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (B) by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) 100 percent of the funds apportioned 
to the State for each of fiscal years 2013 
through 2016 under section 611.’’. 
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(b) PROGRAM ADMINISTRATION.—Section 610(k) is 
amended by striking ‘‘fiscal years 2005 through 2009’’ 
and inserting ‘‘fiscal years 2013 through 2016’’. 
SEC. 1203. STATE INFRASTRUCTURE BANK CAPITALIZA-
TION. 
(a) IN GENERAL.—Chapter 6 is amended by adding 
at the end the following: 
‘‘§ 611. State infrastructure bank capitalization 
‘‘(a) APPORTIONMENT OF FUNDS.—On October 1 of 
each fiscal year, the Secretary shall apportion amounts 
made available to carry out this section for a fiscal year 
among the States in the ratio that— 
‘‘(1) the amount authorized to be apportioned, 
out of amounts made available from the Highway 
Trust Fund (other than the Alternative Transpor-
tation Account), to each State for the National 
Highway System program, the surface transpor-
tation program, and highway safety improvement 
program for the fiscal year; bears to 
‘‘(2) the amount authorized to be apportioned, 
out of amounts made available from the Highway 
Trust Fund (other than the Alternative Transpor-
tation Account), to all States for the National High-
way System program, the surface transportation 
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program, and highway safety improvement program 
for the fiscal year. 
‘‘(b) ELIGIBLE USES OF FUNDING.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), funds apportioned to a State under sub-
section (a) shall be used by the State to make cap-
italization grants to the highway account of the 
State’s infrastructure bank established under section 
610. 
‘‘(2) FISCAL YEARS 2013 AND 2014.—Funds ap-
portioned to a State under subsection (a) for fiscal 
years 2013 and 2014 may be used by the State for 
eligible projects on the National Highway System, as 
described in section 119(d). 
‘‘(c) REAPPORTIONMENT OF FUNDS.—For fiscal year 
2015 and each fiscal year thereafter, if by August 1 of 
the fiscal year a State does not obligate the funds appor-
tioned to the State for the fiscal year under subsection 
(a) for providing capitalization grants described in sub-
section (b), the Secretary shall reapportion the remaining 
funds among those States that— 
‘‘(1) did obligate before such date all of the 
funds apportioned to the State for the fiscal year 
under subsection (a); and 
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‘‘(2) certify to the Secretary that the State will 
use the additional funds to make capitalization 
grants described in subsection (b) before the end of 
the fiscal year. 
‘‘(d) LIMITATION.—Any reapportionment of funds 
pursuant to subsection (d) shall not require a recalculation 
of percentages under section 105. 
‘‘(e) APPLICABILITY OF FEDERAL LAW.—The re-
quirements referred to in section 610(h) shall apply to any 
funds apportioned under this section. 
‘‘(f) FUNDING.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated out of the Highway Trust Fund (other 
than the Alternative Transportation Account) to 
carry out this section $750,000,000 for each of fis-
cal years 2013 through 2016. 
‘‘(2) CONTRACT
AUTHORITY.—Funds made 
available under paragraph (1) shall be available for 
obligation in the same manner as if the funds were 
apportioned under chapter 1.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 6 is amended by adding at the end the following: 
‘‘611. State infrastructure bank capitalization.’’. 
SEC. 1204. TOLLING. 
(a) AMENDMENT TO TOLLING PROVISION.—Section 
129(a) is amended to read as follows: 
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‘‘(a) BASIC PROGRAM.— 
‘‘(1) AUTHORIZATION FOR FEDERAL PARTICI-
PATION.—Subject to the provisions of this section, 
Federal participation shall be permitted on the same 
basis and in the same manner as construction of 
toll-free highways is permitted under this chapter in 
the— 
‘‘(A) initial construction of a toll highway, 
bridge, or tunnel or approach thereto; 
‘‘(B) initial construction of one or more 
lanes or other improvements that increase ca-
pacity of a highway, bridge, or tunnel (other 
than a highway on the Interstate System) and 
conversion of that highway, bridge, or tunnel to 
a tolled facility; 
‘‘(C) initial construction of one or more 
lanes or other improvements that increase the 
capacity of a highway, bridge, or tunnel on the 
Interstate System and conversion of that high-
way, bridge, or tunnel to a tolled facility, if the 
number of toll-free non-HOV lanes, excluding 
auxiliary lanes, after such construction is not 
less than the number of toll-free non-HOV 
lanes, excluding auxiliary lanes, before such 
construction; 
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‘‘(D) reconstruction, resurfacing, restora-
tion, rehabilitation, or replacement of a toll 
highway, bridge, or tunnel or approach thereto; 
‘‘(E) reconstruction or replacement of a 
toll-free bridge or tunnel and conversion of the 
bridge or tunnel to a toll facility; 
‘‘(F) reconstruction, restoration, or reha-
bilitation of a toll-free Federal-aid highway 
(other than a highway on the Interstate Sys-
tem) and conversion of the highway to a toll fa-
cility; 
‘‘(G) reconstruction, restoration, or reha-
bilitation of a highway on the Interstate System 
if the number of toll-free non-HOV lanes, ex-
cluding auxiliary lanes, after reconstruction, 
restoration, or rehabilitation is not less than the 
number of toll-free non-HOV lanes, excluding 
auxiliary lanes, before reconstruction, restora-
tion or rehabilitation; 
‘‘(H) conversion of a high occupancy vehi-
cle lane on a highway, bridge, or tunnel to a toll 
facility; and 
‘‘(I) preliminary studies to determine the 
feasibility of a toll facility for which Federal 
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participation is authorized under this para-
graph. 
‘‘(2) OWNERSHIP.—Each highway, bridge, tun-
nel, or approach thereto constructed under this sub-
section must— 
‘‘(A) be publicly owned; or 
‘‘(B) be privately owned if the public au-
thority with jurisdiction over the highway, 
bridge, tunnel, or approach has entered into a 
contract with a private person or persons to de-
sign, finance, construct, and operate the facility 
and the public authority will be responsible for 
complying with all applicable requirements of 
this title with respect to the facility. 
‘‘(3) LIMITATIONS ON USE OF REVENUES.— 
‘‘(A) IN
GENERAL.—A public authority 
with jurisdiction over a toll facility shall use all 
toll revenues received from operation of the toll 
facility only for— 
‘‘(i) debt service with respect to the 
projects on or for which the tolls are au-
thorized, including funding of reasonable 
reserves and debt service on refinancing; 
‘‘(ii) reasonable return on investment 
of any private person financing the project, 
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as determined by the State or interstate 
compact of States concerned; 
‘‘(iii) any costs necessary for the im-
provement and proper operation and main-
tenance of the toll facility, including recon-
struction, resurfacing, restoration, and re-
habilitation; 
‘‘(iv) if the toll facility is subject to a 
public-private partnership agreement, pay-
ments that the party holding the right to 
toll revenues owes to the other party under 
the public-private partnership agreement; 
and 
‘‘(v) if the public authority certifies 
annually that the tolled facility is being 
adequately maintained, the public author-
ity may use toll revenues for any other 
purpose for which Federal funds may be 
obligated by a State under this title. 
‘‘(B) ANNUAL AUDIT.—A public authority 
with jurisdiction over a toll facility shall con-
duct or have an independent auditor conduct an 
annual audit of toll facility records to verify 
adequate maintenance and compliance with sub-
paragraph (A), and report the results of such 
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119 
audits to the Secretary. Upon reasonable notice, 
the public authority shall make all records of 
the public authority pertaining to the toll facil-
ity available for audit by the Secretary. 
‘‘(C) NONCOMPLIANCE.—If the Secretary 
concludes that a public authority has not com-
plied with the limitations on the use of revenues 
described in subparagraph (A), the Secretary 
may require the public authority to discontinue 
collecting tolls until an agreement with the Sec-
retary is reached to achieve compliance with the 
limitation on the use of revenues described in 
subparagraph (A). 
‘‘(4) LIMITATIONS
ON
CONVERSION
OF
HIGH 
OCCUPANCY
VEHICLE
FACILITIES
ON
INTERSTATE 
SYSTEM.— 
‘‘(A) IN
GENERAL.—A public authority 
with jurisdiction over a high occupancy vehicle 
facility on the Interstate System may undertake 
reconstruction, restoration, or rehabilitation 
under subsection (a)(1)(G) on the facility, and 
may levy tolls on vehicles, excluding high occu-
pancy vehicles, using the reconstructed, re-
stored, or rehabilitated facility, if the public au-
thority— 
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‘‘(i) in the case of a high occupancy 
vehicle facility that affects a metropolitan 
area, submits to the Secretary a written 
assurance that the metropolitan planning 
organization 
designated 
under 
section 
5203 of title 49 for the area has been con-
sulted concerning the placement and 
amount of tolls on the converted facility; 
‘‘(ii) develops, manages, and main-
tains a system that will automatically col-
lect the toll; and 
‘‘(iii) establishes policies and proce-
dures to— 
‘‘(I) manage the demand to use 
the facility by varying the toll amount 
that is charged; and 
‘‘(II) enforce sanctions for viola-
tions of use of the facility. 
‘‘(B) EXEMPTION
FROM
TOLLS.—In lev-
ying tolls on a facility under subparagraph (A), 
a public authority may designate classes of ve-
hicles that are exempt from the tolls or charge 
different toll rates for different classes of vehi-
cles. 
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‘‘(5) SPECIAL
RULE
FOR
FUNDING.—In the 
case of a toll facility under the jurisdiction of a pub-
lic authority of a State (other than the State trans-
portation department), upon request of the State 
transportation department and subject to such terms 
and conditions as such department and public au-
thority may agree, the Secretary, working through 
the State department of transportation, shall reim-
burse such public authority for the Federal share of 
the costs of construction of the project carried out 
on the toll facility under this subsection in the same 
manner and to the same extent as such department 
would be reimbursed if such project was being car-
ried out by such department. The reimbursement of 
funds under this paragraph shall be from sums ap-
portioned to the State under this chapter and avail-
able for obligations on projects on the Federal-aid 
system in such State on which the project is being 
carried out. 
‘‘(6) LIMITATION
ON
FEDERAL
SHARE.—The 
Federal share payable for a project described in 
paragraph (1) shall be a percentage determined by 
the State but not to exceed 80 percent. 
‘‘(7) MODIFICATIONS.—If a public authority 
(including a State transportation department) with 
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jurisdiction over a toll facility subject to an agree-
ment under this section or section 119(e), as in ef-
fect on the day before the effective date of title I of 
the Intermodal Surface Transportation Efficiency 
Act of 1991, requests modification of such agree-
ment, the Secretary shall modify such agreement to 
allow the continuation of tolls in accordance with 
paragraph (3) without repayment of Federal funds. 
‘‘(8) LOANS.— 
‘‘(A) IN GENERAL.—Using amounts made 
available under this title, a State may loan to 
a public or private entity constructing or pro-
posing to construct under this section a toll fa-
cility or non-toll facility with a dedicated rev-
enue source an amount equal to all or part of 
the Federal share of the cost of the project if 
the project has a revenue source specifically 
dedicated to it. Dedicated revenue sources for 
non-toll facilities include excise taxes, sales 
taxes, motor vehicle use fees, tax on real prop-
erty, tax increment financing, and such other 
dedicated revenue sources as the Secretary de-
termines appropriate. 
‘‘(B) 
COMPLIANCE
WITH
FEDERAL 
LAWS.—As a condition of receiving a loan 
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under this paragraph, the public or private enti-
ty that receives the loan shall ensure that the 
project will be carried out in accordance with 
this title and any other applicable Federal law, 
including any applicable provision of a Federal 
environmental law. 
‘‘(C) SUBORDINATION
OF
DEBT.—The 
amount of any loan received for a project under 
this paragraph may be subordinated to any 
other debt financing for the project. 
‘‘(D) OBLIGATION OF FUNDS LOANED.— 
Funds loaned under this paragraph may only 
be obligated for projects under this paragraph. 
‘‘(E) REPAYMENT.—The repayment of a 
loan made under this paragraph shall com-
mence not later than 5 years after date on 
which the facility that is the subject of the loan 
is open to traffic. 
‘‘(F) TERM OF LOAN.—The term of a loan 
made under this paragraph shall not exceed 30 
years from the date on which the loan funds are 
obligated. 
‘‘(G) INTEREST.—A loan made under this 
paragraph shall bear interest at or below mar-
ket interest rates, as determined by the State, 
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124 
to make the project that is the subject of the 
loan feasible. 
‘‘(H) REUSE OF FUNDS.—Amounts repaid 
to a State from a loan made under this para-
graph may be obligated— 
‘‘(i) for any purpose for which the 
loan funds were available under this title; 
and 
‘‘(ii) for the purchase of insurance or 
for use as a capital reserve for other forms 
of credit enhancement for project debt in 
order to improve credit market access or to 
lower interest rates for projects eligible for 
assistance under this title. 
‘‘(I) GUIDELINES.—The Secretary shall es-
tablish procedures and guidelines for making 
loans under this paragraph. 
‘‘(9) STATE LAW PERMITTING TOLLING.—If a 
State does not have a highway, bridge, or tunnel toll 
facility as of the date of enactment of the American 
Energy and Infrastructure Jobs Act of 2012, before 
commencing any activity authorized under this sec-
tion, the State must have in effect a law that per-
mits tolling on a highway, bridge, or tunnel. 
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‘‘(10) DEFINITIONS.—In this subsection, the 
following definitions apply: 
‘‘(A) HIGH OCCUPANCY VEHICLE; HOV.— 
The term ‘high occupancy vehicle’ or ‘HOV’ 
means a vehicle with no fewer than 2 occu-
pants. 
‘‘(B) INITIAL CONSTRUCTION.—The term 
‘initial construction’ means the construction of 
a highway, bridge, tunnel, or other facility at 
any time before it is open to traffic and does 
not include any improvement to a highway, 
bridge, tunnel, or other facility after it is open 
to traffic. 
‘‘(C) PUBLIC AUTHORITY.—The term ‘pub-
lic authority’ means a State, interstate compact 
of States, or public entity designated by a 
State. 
‘‘(D) TOLL FACILITY.—The term ‘toll fa-
cility’ means a toll highway, bridge, or tunnel or 
approach thereto constructed under this sub-
section.’’. 
(b) ELECTRONIC TOLL COLLECTION INTEROPER-
ABILITY REQUIREMENTS.—Not later than 2 years after 
the date of enactment of this Act, all toll facilities on the 
Federal-aid highways shall implement technologies or 
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126 
business practices that provide for the interoperability of 
electronic toll collection programs. 
SEC. 1205. HOV FACILITIES. 
(a) HOV EXCEPTIONS.—Section 166(b)(5) is amend-
ed— 
(1) in subparagraphs (A) and (B) by striking 
‘‘2009’’ and inserting ‘‘2016’’; and 
(2) in subparagraph (C)— 
(A) by striking ‘‘subparagraph (B)’’ and 
inserting ‘‘this paragraph’’; and 
(B) by inserting ‘‘or equal to’’ after ‘‘less 
than’’. 
(b) REQUIREMENTS APPLICABLE TO TOLLS.—Sec-
tion 166(c)(3) is amended to read as follows: 
‘‘(3) TOLL
REVENUE.—Toll revenue collected 
under this section is subject to the requirements of 
section 129(a)(3).’’. 
(c) HOV FACILITY
MANAGEMENT, OPERATION, 
MONITORING, AND ENFORCEMENT.—Section 166(d)(2) is 
amended by adding at the end the following: 
‘‘(D) MAINTENANCE OF OPERATING PER-
FORMANCE.—Not later than 6 months after a 
facility has been determined to be degraded 
pursuant to the standard specified in subpara-
graph (B), the State agency with jurisdiction 
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over the facility shall bring the facility into 
compliance with the minimum average oper-
ating speed performance standard through 
changes to operation of the facility, including— 
‘‘(i) increasing the occupancy require-
ment for HOV lanes; 
‘‘(ii) varying the toll charged to vehi-
cles allowed under subsection (b) to reduce 
demand; 
‘‘(iii) discontinuing allowing non-HOV 
vehicles to use HOV lanes under sub-
section (b); or 
‘‘(iv) increasing the available capacity 
of the HOV facility;’’. 
SEC. 1206. PUBLIC-PRIVATE PARTNERSHIPS. 
(a) BEST PRACTICES.—The Secretary shall compile, 
and make available to the public on the Internet Web site 
of the Department, best practices on how States, public 
transportation agencies, and other public officials can 
work with the private sector in the development, financing, 
construction, and operation of transportation facilities. 
(b) CONTENTS.—The best practices shall include po-
lices and techniques to ensure that the interests of the 
traveling public and State and local governments are pro-
tected in any agreement entered into with the private sec-
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tor for the development, financing, construction, and oper-
ation of transportation facilities. 
(c) TECHNICAL ASSISTANCE.—The Secretary, upon 
request, may provide technical assistance to States, public 
transportation agencies, and other public officials regard-
ing proposed public-private partnership agreements for 
the development, financing, construction, and operation of 
transportation facilities, including assistance in analyzing 
whether the use of a public-private partnership agreement 
would provide value compared with traditional public de-
livery methods. 
(d) STANDARD TRANSACTION CONTRACTS.— 
(1) DEVELOPMENT.—Not later than 18 months 
after the date of enactment of this Act, the Sec-
retary shall develop standard public-private partner-
ship transaction model contracts for the most pop-
ular types of public-private partnerships for the de-
velopment, financing, construction, and operation of 
transportation facilities. 
(2) USE.—The 
Secretary 
shall 
encourage 
States, public transportation agencies, and other 
public officials to use the model contracts as a base 
template when developing their own public-private 
partnership agreements for the development, financ-
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129 
ing, construction, and operation of transportation fa-
cilities. 
Subtitle C—Highway Safety 
SEC. 1301. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
Section 148 is amended to read as follows: 
‘‘§ 148. Highway safety improvement program 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—The term ‘highway safety improvement pro-
gram’ means the program carried out under this sec-
tion. 
‘‘(2) 
HIGHWAY
SAFETY
IMPROVEMENT 
PROJECT.—The term ‘highway safety improvement 
project’ means a project consistent with an applica-
ble State strategic highway safety plan that— 
‘‘(A) corrects or improves a roadway fea-
ture that constitutes a hazard to any road 
users; or 
‘‘(B) addresses any other highway safety 
problem. 
‘‘(3) PROJECT TO MAINTAIN MINIMUM LEVELS 
OF
RETROREFLECTIVITY.—The term ‘project to 
maintain minimum levels of retroreflectivity’ means 
a project undertaken pursuant to the provisions of 
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the Manual on Uniform Traffic Control Devices that 
require the use of an assessment or management 
method designed to maintain highway sign or pave-
ment marking retroreflectivity at or above minimum 
levels prescribed in the Manual. 
‘‘(4) ROAD
USERS.—The term ‘road users’ 
means motor vehicle drivers and passengers, public 
transportation operators and users, truck drivers, 
bicyclists, motorcyclists, and pedestrians, including 
persons with disabilities. 
‘‘(5) SAFETY DATA.—The term ‘safety data’ in-
cludes crash, roadway, driver licensing, and traffic 
data with respect to all public roads and, for high-
way-rail grade crossings, data on the characteristics 
of highway and train traffic. 
‘‘(6) SAFETY PROJECT UNDER ANY OTHER SEC-
TION.— 
‘‘(A) IN
GENERAL.—The term ‘safety 
project under any other section’ means a 
project carried out for the purpose of safety 
under any other section of this title. 
‘‘(B) 
INCLUSION.—The 
term 
‘safety 
project under any other section’ includes— 
‘‘(i) projects consistent with an appli-
cable State strategic highway safety plan 
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that promote the awareness of the public 
and educate the public concerning highway 
safety matters (including motorcycle safe-
ty); 
‘‘(ii) projects to enforce highway safe-
ty laws; and 
‘‘(iii) projects to provide infrastruc-
ture and equipment to support emergency 
services. 
‘‘(7) STATE HIGHWAY SAFETY IMPROVEMENT 
PROGRAM.—The term ‘State highway safety im-
provement program’ means a program of highway 
safety improvement projects carried out as part of 
the statewide transportation improvement program 
under section 5204(g) of title 49. 
‘‘(8) STATE
STRATEGIC
HIGHWAY
SAFETY 
PLAN.—The term ‘State strategic highway safety 
plan’ means a comprehensive, data-driven safety 
plan developed in accordance with subsection (c)(2). 
‘‘(b) IN GENERAL.—The Secretary shall carry out a 
highway safety improvement program that is consistent 
with achieving a significant reduction in traffic fatalities 
and serious injuries on all public roads. 
‘‘(c) STATE HIGHWAY SAFETY IMPROVEMENT PRO-
GRAMS.— 
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‘‘(1) IN GENERAL.—To obligate funds appor-
tioned under section 104(b)(5) to carry out this sec-
tion, a State shall have in effect a State highway 
safety improvement program that— 
‘‘(A) includes a set of projects that are 
consistent with the State strategic highway 
safety plan of the State; 
‘‘(B) satisfies the requirements of this sec-
tion; and 
‘‘(C) is consistent with the State’s state-
wide 
transportation 
improvement 
program 
under section 5204(g) of title 49. 
‘‘(2) STRATEGIC HIGHWAY SAFETY PLAN.—As 
part of the State highway safety improvement pro-
gram of the State, each State shall have in effect, 
update at least every 2 years, and submit to the Sec-
retary a State strategic highway safety plan that— 
‘‘(A) is developed after consultation with— 
‘‘(i) a highway safety representative of 
the Governor of the State; 
‘‘(ii) regional transportation planning 
organizations and metropolitan planning 
organizations, if any; 
‘‘(iii) representatives of major modes 
of transportation; 
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‘‘(iv) State and local traffic enforce-
ment officials; 
‘‘(v) representatives of entities con-
ducting a Federal or State motor carrier 
safety program; 
‘‘(vi) motor vehicle administration 
agencies; 
‘‘(vii) a highway-rail grade crossing 
safety representative of the Governor of 
the State; and 
‘‘(viii) other major Federal, State, 
tribal, regional, and local safety stake-
holders; 
‘‘(B) is approved by the Governor of the 
State or a responsible State agency; 
‘‘(C) defines State safety goals, including 
with respect to performance measures estab-
lished under section 5206 of title 49; 
‘‘(D) addresses engineering, management, 
operation, education, enforcement, and emer-
gency services elements of highway safety (in-
cluding integrated, interoperable emergency 
communications) as key factors in evaluating 
highway projects; 
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‘‘(E) analyzes and makes effective use of 
State, regional, and local safety data, including 
data from the safety data system required 
under subsection (e); 
‘‘(F) considers the results of Federal, 
State, regional, and local transportation and 
highway safety planning processes; and 
‘‘(G) considers the safety needs of, and 
high-fatality segments of, public roads. 
‘‘(3) IMPLEMENTATION.— 
‘‘(A) IDENTIFICATION
AND
ANALYSIS
OF 
HIGHWAY SAFETY PROBLEMS AND OPPORTUNI-
TIES.—As part of the State highway safety im-
provement program of the State, each State 
shall, including through use of the safety data 
system required under subsection (e)— 
‘‘(i) identify roadway features that 
constitute a hazard to road users; 
‘‘(ii) identify highway safety improve-
ment projects on the basis of crash history 
(including crash rates), crash potential, or 
other data-supported means; 
‘‘(iii) establish the relative severity of 
the risks of roadway features based on 
crash, injury, fatality, traffic volume, and 
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other relevant data (including the number 
and rates of crashes, injuries, and fatali-
ties); 
‘‘(iv) consider whether highway safety 
improvement projects maximize opportuni-
ties to advance safety; and 
‘‘(v) in conjunction with the National 
Highway Traffic Safety Administration 
and the Federal Motor Carrier Safety Ad-
ministration, evaluate the progress made 
each year in achieving State safety goals 
identified in the State strategic highway 
safety plan. 
‘‘(B) SCHEDULE OF HIGHWAY SAFETY IM-
PROVEMENT PROJECTS.—As part of the State 
highway safety improvement program of the 
State, each State shall, including through use 
of the safety data system required under sub-
section (e)— 
‘‘(i) identify highway safety improve-
ment projects; 
‘‘(ii) determine priorities for the cor-
rection of roadway features that constitute 
a hazard to road users as identified 
through safety data analysis; and 
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‘‘(iii) establish and implement a 
schedule of highway safety improvement 
projects to address roadway features iden-
tified as constituting a hazard to road 
users. 
‘‘(4) ELIGIBLE PROJECTS.— 
‘‘(A) IN GENERAL.—A State may obligate 
funds apportioned to the State under section 
104(b)(5) to carry out— 
‘‘(i) any highway safety improvement 
project on any public road or publicly 
owned pathway or trail; 
‘‘(ii) any project to put in effect or 
improve the safety data system required 
under subsection (e), without regard to 
whether the project is included in an appli-
cable State strategic highway safety plan; 
‘‘(iii) any project to maintain min-
imum levels of retroreflectivity with respect 
to a public road, without regard to whether 
the project is included in an applicable 
State strategic highway safety plan; or 
‘‘(iv) as provided in subsection (d), 
other projects. 
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‘‘(B) USE OF OTHER FUNDING FOR SAFE-
TY IMPROVEMENT PROJECTS.— 
‘‘(i) EFFECT
OF
SECTION.—Nothing 
in this section prohibits the use of funds 
made available under other provisions of 
this title for highway safety improvement 
projects. 
‘‘(ii) USE OF OTHER FUNDS.—States 
are encouraged to address the full scope of 
their safety needs and opportunities by 
using, for a highway safety improvement 
project, funds made available under other 
provisions of this title (except a provision 
that specifically prohibits that use). 
‘‘(C) AUTOMATED TRAFFIC ENFORCEMENT 
SYSTEMS.— 
‘‘(i) PROHIBITION.—A State may not 
obligate funds apportioned to the State 
under section 104(b) to carry out any pro-
gram to purchase, operate, or maintain an 
automated traffic enforcement system. 
‘‘(ii) AUTOMATED TRAFFIC ENFORCE-
MENT SYSTEM DEFINED.—In this subpara-
graph, the term ‘automated traffic enforce-
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138 
ment system’ means automated technology 
that monitors compliance with traffic laws. 
‘‘(5) UPDATED
STATE
STRATEGIC
HIGHWAY 
SAFETY PLAN REQUIRED.— 
‘‘(A) IN GENERAL.—A State may obligate 
funds apportioned to the State under section 
104(b)(5) for the second fiscal year beginning 
after the date of enactment of the American 
Energy and Infrastructure Jobs Act of 2012 
only if the State has in effect and has sub-
mitted to the Secretary an updated State stra-
tegic highway safety plan that satisfies require-
ments under this subsection. 
‘‘(B) TRANSITION.—Before the second fis-
cal year beginning after the date of enactment 
of the American Energy and Infrastructure 
Jobs Act of 2012, a State may obligate funds 
apportioned 
to 
the 
State 
under 
section 
104(b)(5) in a manner consistent with a State 
strategic highway safety plan of the State devel-
oped before such date of enactment. 
‘‘(d) FLEXIBLE FUNDING.—To further the imple-
mentation of a State strategic highway safety plan and 
the achievement of performance measures established 
under section 5206 of title 49, a State may use not more 
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139 
than 10 percent of the funds apportioned to the State 
under section 104(b)(5) for a fiscal year to carry out safe-
ty projects under any other section if— 
‘‘(1) the use is consistent with the State stra-
tegic highway safety plan of the State; and 
‘‘(2) the State certifies to the Secretary that 
the funds are being used for the most effective 
projects for making progress toward achieving per-
formance measures established under section 5206 
of title 49. 
‘‘(e) SAFETY DATA SYSTEM.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the American Energy and 
Infrastructure Jobs Act of 2012, each State, as part 
of the State highway safety improvement program of 
the State, shall have in effect a safety data system 
to— 
‘‘(A) collect and maintain a record of safe-
ty data with respect to all public roads in the 
State; 
‘‘(B) advance the capabilities of the State 
with respect to safety data collection, analysis, 
and integration; 
‘‘(C) identify roadway features that con-
stitute a hazard to road users; and 
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140 
‘‘(D) perform safety problem identification 
and countermeasure analysis. 
‘‘(2) IMPROVEMENT
EFFORTS.—Each State 
shall carry out projects, as needed, to ensure that 
the safety data system of the State enhances— 
‘‘(A) the timeliness, accuracy, complete-
ness, uniformity, and accessibility of safety data 
with respect to all public roads in the State; 
‘‘(B) the ability of the State to integrate 
all safety data collected throughout the State; 
‘‘(C) the ability of State and national safe-
ty data systems to be compatible and interoper-
able; 
‘‘(D) the ability of the Secretary to observe 
and analyze national trends in crash rates, out-
comes, and circumstances; and 
‘‘(E) the collection of data on crashes that 
involve a bicyclist or pedestrian. 
‘‘(3) 
EVALUATION
OF
IMPROVEMENT
EF-
FORTS.—Each State shall collect and maintain a 
record of projects undertaken to improve the safety 
data system of the State and shall evaluate the ef-
fectiveness of such projects. 
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141 
‘‘(f) TRANSPARENCY.—A State shall make all plans 
and reports submitted to the Secretary under this section 
available to the public through— 
‘‘(1) the Internet Web site of the State trans-
portation department of the State; or 
‘‘(2) such other means as the Secretary deter-
mines to be appropriate. 
‘‘(g) DISCOVERY AND ADMISSION INTO EVIDENCE OF 
CERTAIN REPORTS, SURVEYS, AND INFORMATION.—Not-
withstanding any other provision of law, reports, surveys, 
schedules, lists, or data compiled or collected for any pur-
pose directly relating to this section, or published in ac-
cordance with subsection (f), shall not be subject to dis-
covery or admitted into evidence in a Federal or State 
court proceeding or considered for other purposes in any 
action for damages arising from any occurrence at a loca-
tion identified or addressed in such reports, surveys, 
schedules, lists, or other data. 
‘‘(h) FEDERAL SHARE OF HIGHWAY SAFETY IM-
PROVEMENT PROJECTS.—The Federal share of the cost 
of a highway safety improvement project carried out with 
funds apportioned to a State under section 104(b)(5) shall 
be 90 percent, unless a Federal share exceeding 90 per-
cent would apply to the project under section 120 or 
130.’’. 
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SEC. 1302. RAILWAY-HIGHWAY CROSSINGS. 
(a) TRANSPARENCY OF STATE SURVEYS AND SCHED-
ULES WITH RESPECT
TO RAILWAY-HIGHWAY CROSS-
INGS.— 
(1) SURVEY AND SCHEDULE OF PROJECTS.— 
Section 130(d) is amended by adding at the end the 
following: ‘‘Each State shall make the surveys con-
ducted and schedules implemented under this sub-
section available to the public on an appropriate 
Internet Web site of the State.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect 1 year after the 
date of enactment of this Act. 
(b) RAILWAY-HIGHWAY CROSSING INFORMATION.— 
Section 130 is amended by adding at the end the fol-
lowing: 
‘‘(m) 
RAILWAY-HIGHWAY
CROSSING
INFORMA-
TION.— 
‘‘(1) PRIORITY LISTS AND ACTION PLANS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this subsection, 
each State shall compile and submit to the Sec-
retary a report that includes— 
‘‘(i) a list of the 10 railway-highway 
crossings in the State that have the great-
est need for safety improvements; 
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‘‘(ii) an action plan that identifies 
projects and activities the State plans to 
carry out to improve safety at those rail-
way-highway crossings; and 
‘‘(iii) a list of projects and activities 
the State carried out to improve safety at 
those railway-highway crossings during the 
2-year period ending on the date on which 
the report is submitted to the Secretary. 
‘‘(B) UPDATES.—Each State shall update 
and submit to the Secretary, at least once every 
2 years, the report of that State under subpara-
graph (A). 
‘‘(2) PUBLICATION OF REPORTS ON U.S. DOT 
WEB SITE.—The Secretary shall make the reports 
submitted under paragraph (1) available to the pub-
lic on the Internet Web site of the Department of 
Transportation. 
‘‘(3) PUBLICATION OF REPORTS ON STATE WEB 
SITES.—Each State shall make the reports compiled 
under paragraph (1) available to the public on an 
appropriate Internet Web site of the State. 
‘‘(4) LIMITATION ON USE OF DATA IN JUDICIAL 
PROCEEDINGS.—Notwithstanding any other provi-
sion of law, any report, review, survey, schedule, list, 
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data, information, or document of any kind compiled 
or collected pursuant to this subsection, including 
for the purpose of identifying, evaluating, or plan-
ning the safety enhancement of a potential accident 
site or railway-highway crossing pursuant to this 
section, shall not be subject to discovery or admitted 
into evidence in a Federal or State court proceeding 
or considered for other purposes in any action for 
damages arising from any occurrence at a location 
mentioned or addressed in such report, review, sur-
vey, schedule, list, data, information, or document. 
‘‘(5) NONCOMPLIANCE.—If the Secretary deter-
mines that a State is not in compliance with require-
ments under this subsection, the Secretary may 
withhold funding that would otherwise be appor-
tioned to that State under this section.’’. 
SEC. 1303. HIGHWAY WORKER SAFETY. 
(a) POSITIVE PROTECTIVE MEASURES.—Not later 
than 60 days after the date of enactment of this Act, the 
Secretary shall modify section 630.1108(a) of title 23, 
Code of Federal Regulations, to ensure that— 
(1) at a minimum, positive protective measures 
are used to separate workers on highway construc-
tion projects from motorized traffic in all work zones 
where traffic is present and where workers have no 
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means of escape, including tunnels and bridges, un-
less an engineering analysis determines such meas-
ures are not necessary; 
(2) temporary longitudinal traffic barriers are 
used to protect workers on highway construction 
projects in stationary work zones lasting 2 weeks or 
more if traffic is present, the traffic will be traveling 
at a speed of 45 miles per hour or more, and the 
nature of the work requires workers to be within 1 
lane-width from the edge of a live travel lane, un-
less— 
(A) an engineering analysis determines 
such barriers are not necessary; or 
(B) the project is located— 
(i) in a State with a population den-
sity of 20 or fewer persons per square 
mile; 
(ii) outside of an urbanized area; and 
(iii) on a roadway with an annual av-
erage daily traffic load that is less than 
100 vehicles per hour; and 
(3) when positive protective measures are nec-
essary for a highway construction project, such 
measures are paid for on a unit pay basis, unless 
doing so would create a conflict with innovative con-
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tracting approaches, including a design-build con-
tract or a performance-based contract, under which 
the contractor is paid to assume a certain risk allo-
cation and payment is generally made on a lump 
sum basis. 
(b) APPAREL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall modify 
regulations 
issued 
pursuant 
to 
section 
1402 
of 
SAFETEA–LU (23 U.S.C. 401 note)— 
(1) to allow fire services personnel, who are 
subject to the regulations, to wear apparel meeting 
the high visibility requirements set forth in NFPA 
1971–2007 (Standard on Protective Ensembles for 
Structural Fire Fighting and Proximity Fire Fight-
ing); and 
(2) to not require such personnel to wear ap-
parel meeting requirements set forth in ANSI/ISEA 
107–2004. 
Subtitle D—Freight Mobility 
SEC. 1401. NATIONAL FREIGHT POLICY. 
(a) DEVELOPMENT.—Not later than 1 year after the 
date of enactment of this Act, and every 5 years there-
after, the Secretary, in consultation with interested public 
and private sector freight stakeholders, including rep-
resentatives of ports, shippers, carriers, freight-related as-
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sociations, State transportation departments, and local 
governments, shall develop a 5-year National Freight Pol-
icy. 
(b) CONTENTS.—The National Freight Policy shall— 
(1) specify goals, objectives, and milestones 
with respect to the expansion of freight transpor-
tation capacity and the improvement of freight 
transportation infrastructure in the United States; 
(2) specify programs, strategies, and projects 
that will assist in achieving the goals, objectives, and 
milestones specified under paragraph (1); 
(3) specify the manner in which the programs, 
strategies, and projects specified under paragraph 
(2) will achieve the goals, objectives, and milestones 
specified under paragraph (1), including with respect 
to a 5-year timeframe for meeting the goals, objec-
tives, and milestones; 
(4) identify protocols to promote and ensure the 
implementation of the National Freight Policy; and 
(5) identify a cooperative process, which in-
cludes State and local governments, for imple-
menting the National Freight Policy. 
(c) GOALS.—In developing the National Freight Pol-
icy, the Secretary shall consider the goals of— 
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(1) investing in freight transportation infra-
structure to strengthen the economic competitiveness 
of the United States, reduce congestion, and in-
crease productivity, particularly with respect to do-
mestic industries and businesses that create high- 
value jobs; 
(2) improving and maintaining existing freight 
transportation infrastructure to ensure that infra-
structure meets appropriate standards; 
(3) expanding the capacity of freight transpor-
tation infrastructure to meet future demand; 
(4) incorporating concepts of performance, in-
novation, competition, and accountability into the 
operation and maintenance of freight transportation 
infrastructure; 
(5) increasing the usage and number of strate-
gically-located, multi-modal freight transportation 
facilities to reduce congestion and emissions relating 
to highways in the United States; 
(6) improving the safety of freight transpor-
tation; 
(7) implementing new technologies to improve 
the coordination and efficiency of the movement of 
freight throughout the United States; and 
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(8) improving methods for incorporating inter-
national trade estimates into transportation plan-
ning. 
(d) REPORTING.—The Secretary shall include the 
National Freight Policy in the National Strategic Trans-
portation Plan developed under section 5205 of title 49, 
United States Code. 
(e) COMMODITY FLOW SURVEY.—The Secretary, in 
consultation with other relevant Federal agencies, shall 
make changes to the commodity flow survey (conducted 
by the Bureau of Transportation Statistics pursuant to 
section 111(c)(5) of title 49, United States Code) that the 
Secretary determines will reduce identified freight data 
gaps and deficiencies and assist in the evaluation of fore-
casts of transportation demand. 
SEC. 1402. STATE FREIGHT ADVISORY COMMITTEES. 
(a) IN GENERAL.—The Secretary shall encourage 
each State to establish a freight advisory committee con-
sisting of a representative cross-section of public and pri-
vate sector freight stakeholders, including representatives 
of ports, shippers, carriers, freight-related associations, 
the State’s transportation department, and local govern-
ments. 
(b) ROLE OF COMMITTEE.—A freight advisory com-
mittee described in subsection (a) shall— 
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(1) advise the State on freight-related priorities, 
issues, projects, and funding needs; 
(2) serve as a forum for discussion for State 
transportation decisions affecting freight mobility; 
(3) communicate and coordinate regional prior-
ities with other organizations; 
(4) promote the sharing of information between 
the private and public sectors on freight issues; and 
(5) participate in the development of the State’s 
freight plan described in section 1403 of this Act. 
SEC. 1403. STATE FREIGHT PLANS. 
(a) IN GENERAL.—The Secretary shall encourage 
each State to develop a freight plan that provides a com-
prehensive plan for the State’s immediate and long-range 
planning activities and investments with respect to freight. 
(b) PLAN CONTENTS.—A freight plan described in 
subsection (a) shall include, at a minimum— 
(1) an identification of significant freight sys-
tem trends, needs, and issues with respect to the 
State; 
(2) a description of the freight policies, strate-
gies, and performance measures that will guide the 
State’s freight-related transportation investment de-
cisions; 
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(3) evidence of consideration of innovative tech-
nologies and operational strategies, including intel-
ligent transportation systems, that improve the safe-
ty and efficiency of freight movement; and 
(4) for routes on which travel by heavy vehicles, 
including mining, agricultural, and timber vehicles, 
is projected to substantially deteriorate the condition 
of roadways, a description of improvements that may 
be required to reduce or impede such deterioration. 
(c) RELATIONSHIP
TO
LONG-RANGE
PLAN.—A 
freight plan described in subsection (a) may be developed 
separate from or incorporated into the statewide strategic 
long-range transportation plan required by section 5204 
of title 49, United States Code. 
SEC. 1404. TRUCKING PRODUCTIVITY. 
(a) WEIGHT
LIMITATIONS.—Section 127(a) is 
amended by adding at the end the following: 
‘‘(13) A State may allow, by special permit, the 
operation of vehicles with a gross vehicle weight of 
up to 126,000 pounds, and with loads conforming to 
such single axle, tandem axle, and bridge formula 
limits as may be established by the State, on a seg-
ment on the Interstate System in the State that is 
not more than 25 miles in length.’’. 
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(b) LONGER
COMBINATION
VEHICLES.—Section 
127(d) is amended by adding at the end the following: 
‘‘(6) OPERATIONS ON SPECIFIC ROUTES.— 
‘‘(A) IN GENERAL.—If, as of the date of 
enactment of this paragraph, a State has au-
thority under paragraph (1) to allow longer 
combination vehicles to operate in the State, the 
State may allow, in addition to such operations, 
the operation of longer combination vehicles on 
additional routes in the State. 
‘‘(B) DETERMINATIONS
BY
THE
SEC-
RETARY.—The Secretary may prohibit the oper-
ation of a longer combination vehicle under sub-
paragraph (A) if the Secretary determines that 
the operation poses an unreasonable safety risk 
based on an analysis of engineering data, safety 
data, or other applicable data.’’. 
(c) ADDITIONAL VEHICLE WEIGHT PROVISIONS.— 
Section 127 is amended by adding at the end the fol-
lowing: 
‘‘(i) AUTOMOBILE TRANSPORTERS LIMITATIONS.— 
‘‘(1) IN GENERAL.—A State may not prohibit 
the operation of an automobile transporter with a 
gross weight of 88,000 pounds or less on— 
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‘‘(A) any segment of the Interstate System 
(except a segment exempted under section 
31111(f) of title 49); or 
‘‘(B) those classes of qualifying Federal- 
aid primary highways designated by the Sec-
retary under section 31111(e) of title 49. 
‘‘(2) REASONABLE ACCESS.—A State may not 
enact or enforce a law denying reasonable access to 
automobile transporters, to and from highways de-
scribed in paragraph (1), to loading or unloading 
points or facilities for food, fuel, repair, or rest. 
‘‘(3) AXLE WEIGHT TOLERANCE.—A State shall 
allow an automobile transporter a tolerance of no 
more than 10 percent on axle weight limitations set 
forth in subsection (a). 
‘‘(4) AUTOMOBILE TRANSPORTER DEFINED.— 
In this subsection, the term ‘automobile transporter’ 
has the meaning given that term in section 31111(a) 
of title 49. 
‘‘(j) ADDITIONAL EXCEPTION TO WEIGHT REQUIRE-
MENTS.— 
‘‘(1) EXCEPTION FOR CERTAIN VEHICLES.— 
‘‘(A) IN GENERAL.—A State may allow the 
maximum gross weight, including all enforce-
ment tolerances, for a vehicle using Interstate 
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System routes in the State to exceed the max-
imum gross weight otherwise applicable under 
subsection (a), if— 
‘‘(i) the vehicle is equipped with at 
least 6 axles; 
‘‘(ii) the weight of any single axle on 
the vehicle does not exceed 20,000 pounds, 
including enforcement tolerances; 
‘‘(iii) the weight of any tandem axle 
on the vehicle does not exceed 34,000 
pounds, including enforcement tolerances; 
‘‘(iv) the weight of any group of 3 or 
more axles on the vehicle does not exceed 
51,000 pounds, including enforcement tol-
erances; and 
‘‘(v) the gross weight of the vehicle 
does not exceed 97,000 pounds, including 
enforcement tolerances. 
‘‘(B) DETERMINATIONS
BY
THE
SEC-
RETARY.—The Secretary may prohibit the oper-
ation of a vehicle under subparagraph (A) if the 
Secretary determines that the operation poses 
an unreasonable safety risk based on an anal-
ysis of engineering data, safety data, or any 
other applicable data the Secretary may use. 
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‘‘(2) SPECIAL RULES.— 
‘‘(A) SPECIAL
EXCEPTION
FOR
CERTAIN 
STATES.—This subsection does not— 
‘‘(i) apply to a vehicle exceeding the 
maximum gross weight requirements under 
subsection (a) that could have operated 
lawfully in a State before the date of en-
actment of this subsection; or 
‘‘(ii) otherwise restrict a vehicle that 
may lawfully operate under another provi-
sion of this section. 
‘‘(B) INCREASE
IN
AXLE
WEIGHT
RE-
QUIREMENT.—A State may authorize a vehicle 
to exceed the maximum axle weight requirement 
that applies to any one of the axle groupings 
described in clauses (ii), (iii), and (iv) of para-
graph (1)(A) by not more than 2,000 pounds. 
‘‘(3) AUTHORITY TO COLLECT FEES.— 
‘‘(A) GENERAL
AUTHORITY.—The Sec-
retary shall establish and collect a fee for vehi-
cles allowed to operate on Interstate System 
routes under paragraph (1). 
‘‘(B) AMOUNT
TO
BE
COLLECTED.—The 
fee established under this paragraph shall equal 
as nearly as possible the pro rata share of the 
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increased costs, if any, to the Interstate System 
attributable to the operation of vehicles de-
scribed in paragraph (1) on the Interstate Sys-
tem. 
‘‘(C) DEPOSIT.—The Secretary shall de-
posit the amounts collected in fees under this 
paragraph in the Highway Trust Fund (other 
than the Alternative Transportation Account). 
‘‘(k) SPECIAL PERMITS DURING PERIODS OF EMER-
GENCY.— 
‘‘(1) IN GENERAL.—A State may issue special 
permits with respect to a major disaster or emer-
gency declared under the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) to overweight vehicles and 
loads that can be easily dismantled or divided allow-
ing operations on the Interstate System that would 
otherwise be prohibited under subsection (a), if— 
‘‘(A) the permits are issued in accordance 
with State law; and 
‘‘(B) the permits are issued exclusively to 
vehicles and loads that are delivering relief sup-
plies in response to the major disaster or emer-
gency. 
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‘‘(2) EXPIRATION.—A permit issued with re-
spect to a major disaster or emergency under para-
graph (1) shall expire not later than 120 days after 
the date of the declaration of the major disaster or 
emergency as described in paragraph (1). 
‘‘(l) EMERGENCY VEHICLES.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a), a State may not enforce against an emergency 
vehicle a weight limit of— 
‘‘(A) less than 24,000 pounds on a single 
steering axle; 
‘‘(B) less than 33,500 pounds on a single 
drive axle; 
‘‘(C) less than 62,000 pounds on a tandem 
axle; or 
‘‘(D) less than 52,000 pounds on a tandem 
rear drive steer axle, up to a maximum gross 
vehicle weight of 86,000 pounds. 
‘‘(2) EMERGENCY VEHICLE DEFINED.—In this 
subsection, the term ‘emergency vehicle’ means a ve-
hicle designed to be used under emergency condi-
tions— 
‘‘(A) to transport personnel and equip-
ment; and 
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‘‘(B) to support the suppression of fires or 
mitigation of other hazardous situations.’’. 
(d) WAIVER OF HIGHWAY FUNDING REDUCTION.— 
The total amount of funds apportioned to a State under 
section 104(b)(1) of title 23, United States Code, for any 
period may not be reduced under section 127(a) of such 
title on the basis that the State authorizes a vehicle to 
operate on the Interstate System in the State in accord-
ance with the amendments made by this section. 
(e) LENGTH LIMITATIONS.—Section 31111 of title 
49, United States Code, is amended— 
(1) in subsection (a) by adding at the end the 
following: 
‘‘(5) TRAILER TRANSPORTER TOWING UNIT.— 
The term ‘trailer transporter towing unit’ means a 
power unit that is not used to carry property when 
operating in a towaway trailer transporter combina-
tion. 
‘‘(6) TOWAWAY
TRAILER
TRANSPORTER
COM-
BINATION.—The term ‘towaway trailer transporter 
combination’ means a combination of vehicles con-
sisting of a trailer transporter towing unit and 2 
trailers or semitrailers— 
‘‘(A) with a total weight that does not ex-
ceed 26,000 pounds; and 
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‘‘(B) in which the trailers or semitrailers 
carry no property and constitute inventory 
property of a manufacturer, distributor, or 
dealer of such trailers or semitrailers.’’; and 
(2) in subsection (b)(1)— 
(A) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) imposes a vehicle length limitation, on any 
segment of the Dwight D. Eisenhower System of 
Interstate and Defense Highways (except a segment 
exempted under subsection (f)) and those classes of 
qualifying Federal-aid primary system highways des-
ignated by the Secretary of Transportation under 
subsection (e), of— 
‘‘(i) less than 45 feet on a bus; 
‘‘(ii) less than 53 feet on a semitrailer op-
erating in a truck tractor-semitrailer combina-
tion; or 
‘‘(iii) notwithstanding section 31112, less 
than 33 feet on a semitrailer or trailer oper-
ating in a truck tractor-semitrailer-trailer com-
bination;’’; 
(B) in subparagraph (E) by striking ‘‘; or’’ 
and inserting a semicolon; 
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(C) in subparagraph (F) by striking the 
period at the end and inserting a semicolon; 
and 
(D) by adding at the end the following: 
‘‘(G) imposes a vehicle length limitation of less 
than 80 feet on a stinger steered automobile trans-
porter with a rear overhand of less than 6 feet; 
‘‘(H) has the effect of imposing an overall 
length limitation of less than 82 feet on a towaway 
trailer transporter combination; 
‘‘(I) imposes a limitation of less than 46 feet on 
the distance from the kingpin to the center of the 
rear axle on a trailer used exclusively or primarily 
for the transport of livestock; or 
‘‘(J) has the effect of prohibiting the use of a 
device designed by a bus manufacturer to affix to 
the rear of an intercity bus purchased after October 
1, 2012, for use in carrying passenger baggage, if 
the device does not result in the bus exceeding 47 
feet in total length.’’. 
(f) PROPERTY-CARRYING UNIT LIMITATION.—Sec-
tion 31112 of title 49, United States Code, is amended— 
(1) in subsection (a)(1) by striking the period 
at the end and inserting ‘‘, but not including a trail-
er or semitrailer transported as part of a towaway 
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trailer transporter combination as defined in section 
31111(a).’’; and 
(2) by adding at the end the following: 
‘‘(h) ADDITIONAL OPERATIONS.— 
‘‘(1) IN GENERAL.—If, as of the date of enact-
ment of this subsection, a State has authority under 
subsection (b) or (c) to allow a commercial motor ve-
hicle combination with more than one property-car-
rying unit (not including the truck tractor) to oper-
ate in the State, the State may allow, in addition to 
such operations, the operation of commercial motor 
vehicle combinations with more than one property- 
carrying unit (not including the truck tractor) on 
additional routes in the State. 
‘‘(2) DETERMINATIONS BY THE SECRETARY.— 
The Secretary may prohibit the operation of a vehi-
cle under paragraph (1) if the Secretary determines 
that the operation poses an unreasonable safety risk 
based on an analysis of engineering data, safety 
data, or any other applicable data the Secretary may 
use.’’. 
(g) ACCESS
TO
INTERSTATE
SYSTEM.—Section 
31114(a)(2) of title 49, United States Code, is amended 
by inserting ‘‘a towaway trailer transporter combination 
as defined in section 31111(a),’’ before ‘‘or any’’. 
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Subtitle E—Federal Lands and 
Tribal Transportation 
SEC. 1501. FEDERAL LANDS AND TRIBAL TRANSPORTATION 
PROGRAMS. 
Chapter 2 is amended by striking sections 201 
through 203 and inserting the following: 
‘‘§ 201. General provisions 
‘‘(a) PURPOSE.—Recognizing the need for all Federal 
lands transportation facilities and tribal transportation fa-
cilities to be treated under uniform policies similar to the 
policies that apply to Federal-aid highways and other pub-
lic road and transit facilities constructed with Federal as-
sistance, the Secretary, in consultation with the Secretary 
of each Federal land management agency, shall establish 
and coordinate, in accordance with the requirements of 
this section, a uniform policy for all transportation facili-
ties constructed under a covered program. 
‘‘(b) COVERED PROGRAM DEFINED.—In this section, 
the term ‘covered program’ means— 
‘‘(1) the tribal transportation program estab-
lished under section 202; and 
‘‘(2) the Federal lands transportation program 
established under section 203. 
‘‘(c) AVAILABILITY OF FUNDS.— 
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‘‘(1) AVAILABILITY.—Funds made available to 
carry out a covered program shall be available for 
contract— 
‘‘(A) upon apportionment; or 
‘‘(B) if no apportionment is required, on 
October 1 of the fiscal year for which author-
ized. 
‘‘(2) PERIOD OF AVAILABILITY.—Funds appor-
tioned or allocated to carry out a covered program 
shall remain available for obligation for a period of 
3 years after the last day of the fiscal year for which 
the funds are authorized. Any amounts so appor-
tioned or allocated that remain unobligated at the 
end of that period shall lapse. 
‘‘(3) AUTHORITY
OF
DEPARTMENT
SECRE-
TARIES.— 
‘‘(A) AUTHORITY TO INCUR OBLIGATIONS, 
APPROVE
PROJECTS, AND
ENTER
INTO
CON-
TRACTS.—The Secretary of a Department 
charged with the administration of funds made 
available to carry out a covered program may 
incur obligations, approve projects, and enter 
into contracts with respect to such funds. 
‘‘(B) 
CONTRACTUAL
OBLIGATIONS.—A 
Secretary’s action under subparagraph (A) shall 
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164 
be deemed to be a contractual obligation of the 
United States to pay the cost thereof, and the 
funds subject to the action shall be deemed to 
have been expended when so obligated. 
‘‘(4) EXPENDITURE.—Any funds made avail-
able to carry out a covered program for a fiscal year 
shall be deemed to have been expended if a sum 
equal to the total of the sums appropriated for the 
fiscal year and previous fiscal years have been obli-
gated. Any of such funds released by payment of 
final voucher or modification of project authoriza-
tions shall be credited to the balance of unobligated 
appropriations and be immediately available for ex-
penditure. 
‘‘(5) AUTHORITY OF SECRETARY.— 
‘‘(A) OBLIGATING
FUNDS
FOR
COVERED 
PROGRAMS.—Notwithstanding any other provi-
sion of law, either of the following actions shall 
be deemed to constitute a contractual obligation 
of the United States to pay the total eligible 
cost of any construction project funded under a 
covered program: 
‘‘(i) The authorization by the Sec-
retary, or the Secretary of a Department 
charged with the administration of funds 
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165 
made available to carry out a covered pro-
gram, of engineering and related work for 
the development, design, and acquisition 
associated with the project, whether per-
formed by contract or agreement author-
ized by law. 
‘‘(ii) The approval by the Secretary, 
or the Secretary of a Department charged 
with the administration of funds made 
available to carry out a covered program, 
of plans, specifications, and estimates for 
the project. 
‘‘(B) LIMITATION
ON
STATUTORY
CON-
STRUCTION.—Nothing in this paragraph may 
be construed to affect the application of the 
Federal share associated with a project under-
taken under a covered program or to modify the 
point of obligation associated with Federal sala-
ries and expenses. 
‘‘(d) FEDERAL SHARE.— 
‘‘(1) IN
GENERAL.—Except as provided by 
paragraph (2), the Federal share payable on account 
of a project carried out under a covered program 
shall be 100 percent of the total cost of the project. 
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166 
‘‘(2) OPERATING
ASSISTANCE.—The Federal 
share payable, with amounts made available to carry 
out this chapter, on account of operating expenses 
for a project carried out under a covered program 
may not exceed 50 percent of the net operating 
costs, as determined by the Secretary. 
‘‘(e) TRANSPORTATION PLANNING.— 
‘‘(1) 
TRANSPORTATION
PLANNING
PROCE-
DURES.—In consultation with the Secretary of each 
Federal land management agency, the Secretary 
shall implement transportation planning procedures 
for tribal transportation facilities and Federal lands 
transportation facilities that are consistent with the 
planning processes required under sections 5203 and 
5204 of title 49. 
‘‘(2) APPROVAL OF TRANSPORTATION IMPROVE-
MENT
PROGRAM.—A transportation improvement 
program developed as a part of the transportation 
planning process under this subsection shall be sub-
ject to approval by the Secretary, acting in coordina-
tion with the Secretary of the appropriate Federal 
land management agency. 
‘‘(3) 
INCLUSION
IN
OTHER
PLANS.—Any 
project under a covered program that is regionally 
significant shall— 
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167 
‘‘(A) be developed in cooperation with ap-
propriate States and metropolitan planning or-
ganizations; and 
‘‘(B) be included in— 
‘‘(i) plans for the covered program; 
‘‘(ii) appropriate State and metropoli-
tan long-range transportation plans; and 
‘‘(iii) appropriate State and metropoli-
tan transportation improvement programs. 
‘‘(4) INCLUSION
IN
STATE
PROGRAMS.—A 
transportation improvement program that is ap-
proved by the Secretary as a part of the transpor-
tation planning process under this subsection shall 
be included in appropriate plans and programs of 
States and metropolitan planning organizations 
without further action on the transportation im-
provement program. 
‘‘(5) ASSET MANAGEMENT.—The Secretary and 
the Secretary of each Federal land management 
agency, to the extent appropriate, shall have in ef-
fect safety, bridge, pavement, and congestion man-
agement systems in support of asset management 
for highways funded under a covered program. 
‘‘(6) DATA COLLECTION.— 
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‘‘(A) IN GENERAL.—The Secretary of each 
Federal land management agency shall collect 
and report on the data that is necessary to im-
plement a covered program, including at a min-
imum— 
‘‘(i) inventory and condition informa-
tion on tribal roads and Federal lands 
highways; and 
‘‘(ii) bridge inspection and inventory 
information on any Federal bridge that is 
open to the public. 
‘‘(B) STANDARDS.—The Secretary, in co-
ordination with the Secretary of each Federal 
land management agency, shall define collection 
and reporting data standards for purposes of 
subparagraph (A). 
‘‘(7) ADMINISTRATIVE
EXPENSES.—The Sec-
retary may use up to 5 percent of the funds made 
available to carry out section 203 for a fiscal year 
for purposes of implementing the activities described 
in this subsection, including direct support of trans-
portation planning activities among Federal land 
management agencies. 
‘‘(f) REFERENCES TO SECRETARIES OF FEDERAL 
LAND MANAGEMENT AGENCIES.—In this chapter, the 
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term ‘Secretary’, when used in connection with a Federal 
land management agency, means the Secretary of the de-
partment that contains the agency. 
‘‘§ 202. Tribal transportation program 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
tribal transportation program in accordance with the re-
quirements of this section. 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds made available to 
carry out the tribal transportation program shall be 
used by the Secretary and the Secretary of the Inte-
rior to pay for the following: 
‘‘(A) The covered costs of— 
‘‘(i) tribal roads; 
‘‘(ii) vehicular parking areas adjacent 
to tribal roads; 
‘‘(iii) pedestrian walkways and bicycle 
transportation facilities (as defined in sec-
tion 217) on tribal lands; and 
‘‘(iv) roadside rest areas, including 
sanitary and water facilities, on tribal 
lands. 
‘‘(B) The costs of transportation projects 
eligible for assistance under this title that are 
within, or provide access to, tribal lands. 
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170 
‘‘(C) The costs of public transportation 
projects eligible for assistance under section 
5311(b)(1) of title 49 that are within, or pro-
vide access to, tribal lands (without regard to 
whether the project is located in an urbanized 
area). 
‘‘(D) The costs of rehabilitation, restora-
tion, and construction of interpretive signage at 
tribal roads. 
‘‘(E) The costs of acquisition of necessary 
scenic easements and scenic or historic sites as-
sociated with tribal roads. 
‘‘(2) COVERED COSTS DEFINED.—In paragraph 
(1), the term ‘covered costs’ means the costs of 
transportation planning, research, preventive mainte-
nance, engineering, rehabilitation, restoration, con-
struction, and reconstruction. 
‘‘(3) CONTRACT.—In connection with an activ-
ity described in paragraph (1), the Secretary and the 
Secretary of the Interior may enter into a contract 
or other appropriate agreement with respect to such 
activity with— 
‘‘(A) a State (including a political subdivi-
sion of a State); or 
‘‘(B) an Indian tribe. 
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171 
‘‘(4) INDIAN LABOR.—Indian labor may be em-
ployed, in accordance with such rules and regula-
tions as may be promulgated by the Secretary of the 
Interior, to carry out any construction or other ac-
tivity described in paragraph (1). 
‘‘(5) FEDERAL
EMPLOYMENT.—No maximum 
limitation on Federal employment shall apply to con-
struction or improvement of tribal transportation fa-
cilities. 
‘‘(6) ADMINISTRATIVE EXPENSES.— 
‘‘(A) IN
GENERAL.—Of the funds made 
available to carry out the tribal transportation 
program for a fiscal year, up to 6 percent may 
be used by the Secretary or the Secretary of the 
Interior for program management and oversight 
and project-related administrative expenses. 
‘‘(B) RESERVATION OF FUNDS.—The Sec-
retary of the Interior may reserve funds from 
administrative funds of the Bureau of Indian 
Affairs that are associated with the tribal trans-
portation program to fund tribal technical as-
sistance centers under section 504(b). 
‘‘(7) MAINTENANCE.— 
‘‘(A) USE
OF
FUNDS.—Notwithstanding 
any other provision of this title, of the funds al-
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172 
located to an Indian tribe under the tribal 
transportation program for a fiscal year, the 
Secretary may use for the purpose of mainte-
nance (excluding road sealing, which shall not 
be subject to any limitation) an amount that 
does not exceed the greater of— 
‘‘(i) 25 percent of the funds; or 
‘‘(ii) $500,000. 
‘‘(B) ROAD MAINTENANCE PROGRAMS ON 
INDIAN RESERVATIONS.— 
‘‘(i) BIA RESPONSIBILITY.—The Bu-
reau of Indian Affairs shall continue to re-
tain primary responsibility, including an-
nual funding request responsibility, for 
road maintenance programs on Indian res-
ervations. 
‘‘(ii) FUNDING.—The Secretary of the 
Interior shall ensure that funding made 
available under this paragraph for mainte-
nance of tribal transportation facilities for 
a fiscal year is supplementary to and not 
in lieu of any obligation of funds by the 
Bureau of Indian Affairs for road mainte-
nance programs on Indian reservations. 
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173 
‘‘(C) TRIBAL-STATE
ROAD
MAINTENANCE 
AGREEMENTS.— 
‘‘(i) AUTHORITY
TO
ENTER
INTO 
AGREEMENTS.—An Indian tribe and a 
State may enter into a road maintenance 
agreement under which the Indian tribe 
assumes the responsibilities of the State 
for tribal transportation facilities. 
‘‘(ii) 
NEGOTIATIONS.—Agreements 
entered into under clause (i)— 
‘‘(I) shall be negotiated between 
the State and the Indian tribe; and 
‘‘(II) shall not require the ap-
proval of the Secretary. 
‘‘(8) COOPERATION
OF
STATES
AND
COUN-
TIES.— 
‘‘(A) IN
GENERAL.—The cooperation of 
States, counties, and other political subdivisions 
of States may be accepted in construction and 
improvement of tribal transportation facilities. 
‘‘(B) CREDITING OF FUNDS.—Any funds 
received from a State, county, or other political 
subdivision of a State for construction or im-
provement of tribal transportation facilities 
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shall be credited to appropriations available for 
the tribal transportation program. 
‘‘(9) COMPETITIVE BIDDING.— 
‘‘(A) IN
GENERAL.—Construction of a 
project under the tribal transportation program 
shall be performed pursuant to a contract 
awarded by competitive bidding unless the Sec-
retary or the Secretary of the Interior affirma-
tively finds that, under the circumstances relat-
ing to the project, some other method is in the 
public interest. 
‘‘(B) APPLICABILITY OF OTHER LAWS.— 
Notwithstanding subparagraph (A), section 23 
of the Act of June 25, 1910 (36 Stat. 861; 
known as the Buy Indian Act) and section 7(b) 
of the Indian Self-Determination and Education 
Assistance Act (88 Stat. 2205) shall apply to 
all funds administered by the Secretary of the 
Interior that are appropriated for the construc-
tion and improvement of tribal roads. 
‘‘(c) FUNDS DISTRIBUTION.— 
‘‘(1) IN GENERAL.—All funds authorized to be 
appropriated for the tribal transportation program 
shall be allocated among Indian tribes in accordance 
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175 
with the formula maintained by the Secretary of the 
Interior under paragraph (4). 
‘‘(2) NATIONAL TRIBAL ROADS INVENTORY.— 
‘‘(A) IN GENERAL.—The Secretary of the 
Interior, in cooperation with the Secretary, shall 
maintain a comprehensive national inventory of 
tribal roads that are eligible for assistance 
under the tribal transportation program. 
‘‘(B) TRIBAL ROADS INCLUDED IN THE IN-
VENTORY.—For purposes of identifying the 
tribal transportation system and determining 
the relative transportation needs of Indian 
tribes, the Secretary of the Interior shall in-
clude in the inventory, at a minimum, tribal 
roads that are eligible for assistance under the 
tribal transportation program that a tribe has 
requested, including facilities that— 
‘‘(i) were included in the Bureau of 
Indian Affairs system inventory prior to 
October 1, 2004; 
‘‘(ii) are owned by an Indian tribal 
government; 
‘‘(iii) are owned by the Bureau of In-
dian Affairs; 
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176 
‘‘(iv) were constructed or recon-
structed with funds from the Highway 
Trust Fund under the Indian reservation 
roads program since 1983; 
‘‘(v) are community streets or bridges 
within the exterior boundary of Indian res-
ervations, Alaska native villages, or other 
recognized Indian communities (including 
communities in former Indian reservations 
in Oklahoma) in which the majority of 
residents are American Indians or Alaska 
Natives; or 
‘‘(vi) are primary access routes pro-
posed by tribal governments, including 
roads between villages, roads to landfills, 
roads to drinking water sources, roads to 
natural resources identified for economic 
development, and roads that provide access 
to intermodal terminals, such as airports, 
harbors, or boat landings. 
‘‘(C) LIMITATION
ON
PRIMARY
ACCESS 
ROUTES.—For purposes of this paragraph, a 
proposed primary access route is the shortest 
practicable route connecting 2 points of the pro-
posed route. 
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177 
‘‘(D) ADDITIONAL
FACILITIES.—Nothing 
in this paragraph shall preclude the Secretary 
of the Interior from including additional trans-
portation facilities that are eligible for funding 
under the tribal transportation program in the 
inventory if such additional facilities are in-
cluded in the inventory in a uniform and con-
sistent manner nationally. 
‘‘(3) REGULATIONS.—Notwithstanding sections 
563(a) and 565(a) of title 5, the Secretary of the In-
terior shall maintain regulations governing the tribal 
transportation program and the funding formula 
under paragraph (4) in accordance with established 
policies and procedures. 
‘‘(4) BASIS
FOR
FUNDING
FORMULA
FAC-
TORS.— 
‘‘(A) IN GENERAL.—The Secretary of the 
Interior shall maintain a formula for distrib-
uting funds made available under the tribal 
transportation program among Indian tribes. 
‘‘(B) FACTORS.—Subject to subparagraph 
(C), such formula shall be based on factors that 
reflect— 
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178 
‘‘(i) the relative needs among the In-
dian tribes, and reservation or tribal com-
munities, for transportation assistance; 
‘‘(ii) the relative administration capac-
ities of, and challenges faced by, various 
Indian tribes, including the cost of road 
construction in each Bureau of Indian Af-
fairs area, geographic isolation, and dif-
ficulty in maintaining all-weather access to 
employment, commerce, health, safety, and 
educational resources; and 
‘‘(iii) the public roads included in the 
national tribal roads inventory to be main-
tained under paragraph (2)(A). 
‘‘(C) SPECIAL
RULE.—Not less than 50 
percent of the funds distributed under the fund-
ing formula shall be allocated among Indian 
tribes based on an Indian tribe’s relative share 
of the tribal roads that are included in the na-
tional tribal roads inventory as a result of para-
graph (2)(B)(i), (2)(B)(ii), or (2)(B)(iii). 
‘‘(D) LIMITATION
ON
STATUTORY
CON-
STRUCTION.—Nothing in this subsection may 
be construed to prohibit the Secretary of the 
Interior from distributing funds made available 
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179 
under the tribal transportation program among 
Indian tribes in accordance with the formula es-
tablished by the Secretary of the Interior under 
part 170 of title 25, Code of Federal Regula-
tions, as in effect on the date of enactment of 
the American Energy and Infrastructure Jobs 
Act of 2012, except that the special rule estab-
lished by subparagraph (C) shall apply to any 
such distribution. 
‘‘(5) DISTRIBUTION
OF
FUNDS
TO
INDIAN 
TRIBES.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the date on which funds are made 
available to the Secretary of the Interior for a 
fiscal year to carry out the tribal transportation 
program, the funds shall be distributed to, and 
available for immediate use by, eligible Indian 
tribes in accordance with the formula main-
tained by the Secretary of the Interior under 
paragraph (4). 
‘‘(B) USE
OF
FUNDS.—Notwithstanding 
any other provision of this section, funds made 
available to Indian tribes for tribal transpor-
tation facilities shall be expended on projects 
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180 
identified in a transportation improvement pro-
gram approved by the Secretary. 
‘‘(6) HEALTH AND SAFETY ASSURANCES.—Not-
withstanding any other provision of law, an Indian 
tribal government may approve plans, specifications, 
and estimates for, and may commence, a project for 
construction of a tribal transportation facility with 
funds made available to carry out the tribal trans-
portation program through a contract or agreement 
entered into under the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450 et 
seq.) if the Indian tribal government— 
‘‘(A) provides assurances in the contract or 
agreement that the construction will meet or ex-
ceed applicable health and safety standards; 
‘‘(B) obtains the advance review of the 
plans and specifications for the project from a 
State-licensed civil engineer that has certified 
that the plans and specifications meet or exceed 
the applicable health and safety standards; 
‘‘(C) provides a copy of the certification 
under subparagraph (A) to the Deputy Assist-
ant Secretary for Tribal Government Affairs of 
the Department of Transportation or the As-
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181 
sistant Secretary of Indian Affairs of the De-
partment of the Interior, as appropriate; and 
‘‘(D) obtains the advance written approval 
of the plans, specifications, and estimates from 
the facility owner or public authority having 
maintenance responsibility for the facility and 
provides a copy of the approval to the officials 
referred to in subparagraph (C). 
‘‘(7) CONTRACTS AND AGREEMENTS WITH IN-
DIAN TRIBES FOR PROGRAM COSTS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law or any interagency agree-
ment, program guideline, manual, or policy di-
rective, all funds made available under this 
chapter and section 125(e) for tribal transpor-
tation facilities to pay for the costs of pro-
grams, services, functions, and activities, or 
portions thereof, that are specifically or func-
tionally related to the cost of any tribal trans-
portation facility that provides access to or is 
located within the reservation or community of 
an Indian tribe shall be made available, upon 
request of the Indian tribal government, to the 
Indian tribal government for contracts and 
agreements for such planning, research, engi-
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182 
neering, and construction in accordance with 
the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.). 
‘‘(B) EXCLUSION OF AGENCY PARTICIPA-
TION.—Funds for programs, functions, services, 
or activities, or portions thereof (including sup-
portive administrative functions that are other-
wise contractible to which subparagraph (A) ap-
plies) shall be paid in accordance with subpara-
graph (A) without regard to the organizational 
level at which the Department of the Interior 
has previously carried out such programs, func-
tions, services, or activities. 
‘‘(8) CONTRACTS AND AGREEMENTS WITH IN-
DIAN TRIBES FOR TRIBAL TRANSPORTATION FACIL-
ITY PROGRAMS AND PROJECTS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law or any interagency agree-
ment, program guideline, manual, or policy di-
rective, all funds made available to an Indian 
tribal government under this chapter for a trib-
al transportation facility program or project 
that is located on an Indian reservation or pro-
vides access to the reservation or a community 
of an Indian tribe shall be made available, on 
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183 
the request of the Indian tribal government, to 
the Indian tribal government for use in carrying 
out, in accordance with the Indian Self-Deter-
mination and Education Assistance Act (25 
U.S.C. 450 et seq.), contracts and agreements 
for the planning, research, design, engineering, 
construction, and maintenance relating to the 
program or project. 
‘‘(B) EXCLUSION OF AGENCY PARTICIPA-
TION.—In accordance with subparagraph (A), 
all funds for a program or project to which sub-
paragraph (A) applies shall be paid to the In-
dian tribal government without regard to the 
organizational level at which the Department of 
the Interior has previously carried out, or the 
Department of Transportation has previously 
carried out, the programs, functions, services, 
or activities involved. 
‘‘(C) CONSORTIA.—Two or more Indian 
tribes that are otherwise eligible to participate 
in a program or project to which this chapter 
applies may form a consortium to be considered 
as a single Indian tribe for the purpose of par-
ticipating in the project under this section. 
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184 
‘‘(D) SECRETARY
AS
SIGNATORY.—Not-
withstanding any other provision of law, the 
Secretary is authorized to enter into a funding 
agreement with an Indian tribal government to 
carry out a tribal transportation facility pro-
gram or project under subparagraph (A) that is 
located on an Indian reservation or provides ac-
cess to the reservation or a community of the 
Indian tribe. 
‘‘(E) FUNDING.—The amount an Indian 
tribal government receives for a program or 
project under subparagraph (A) shall equal the 
sum of the funding that the Indian tribal gov-
ernment would otherwise receive for the pro-
gram or project in accordance with the funding 
formula established under this subsection and 
such additional amounts as the Secretary deter-
mines equal the amounts that would have been 
withheld for the costs of the Bureau of Indian 
Affairs for administration of the program or 
project. 
‘‘(F) ELIGIBILITY.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), funds may be made available under 
subparagraph (A) to an Indian tribal gov-
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185 
ernment for a program or project in a fis-
cal year only if the Indian tribal govern-
ment requesting the funds demonstrates to 
the satisfaction of the Secretary financial 
stability and financial management capa-
bility during the 3 fiscal years immediately 
preceding the fiscal year for which the re-
quest is made. 
‘‘(ii) CRITERIA FOR DETERMINING FI-
NANCIAL STABILITY AND FINANCIAL MAN-
AGEMENT CAPABILITY.—If an Indian trib-
al government did not have an uncorrected 
significant and material audit exception in 
a required annual audit of the Indian trib-
al government’s self-determination con-
tracts or self-governance funding agree-
ments with a Federal agency during the 3- 
fiscal year period referred in clause (i), the 
Indian tribe shall be treated as having con-
clusive evidence of its financial stability 
and financial management capability for 
purposes of clause (i). 
‘‘(G) ASSUMPTION OF FUNCTIONS AND DU-
TIES.—An Indian tribal government receiving 
funding under subparagraph (A) for a program 
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186 
or project shall assume all functions and duties 
that the Secretary of the Interior would have 
performed with respect to a program or project 
under this chapter, other than those functions 
and duties that inherently cannot be legally 
transferred under the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 
450 et seq.). 
‘‘(H) POWERS.—An Indian tribal govern-
ment receiving funding under subparagraph (A) 
for a program or project shall have all powers 
that the Secretary of the Interior would have 
exercised in administering the funds transferred 
to the Indian tribal government for such pro-
gram or project under this section if the funds 
had not been transferred, except to the extent 
that such powers are powers that inherently 
cannot be legally transferred under the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.). 
‘‘(I) DISPUTE RESOLUTION.—In the event 
of a disagreement between the Secretary or the 
Secretary of the Interior and an Indian tribe 
over whether a particular function, duty, or 
power may be lawfully transferred under the In-
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187 
dian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.), the Indian 
tribe shall have the right to pursue all alter-
native dispute resolutions and appeal proce-
dures authorized by such Act, including regula-
tions issued to carry out such Act. 
‘‘(J) TERMINATION
OF
CONTRACT
OR 
AGREEMENT.—On the date of the termination 
of a contract or agreement under this section 
by an Indian tribal government, the Secretary 
shall transfer all funds that would have been al-
located to the Indian tribal government under 
the contract or agreement to the Secretary of 
the Interior to provide continued transportation 
services in accordance with applicable law. 
‘‘(d) PLANNING
BY
INDIAN
TRIBAL
GOVERN-
MENTS.— 
‘‘(1) IN GENERAL.—Of the funds made avail-
able for a fiscal year to carry out the tribal trans-
portation program, up to 2 percent may be allocated 
to Indian tribal governments that have been author-
ized to conduct transportation planning pursuant to 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.). 
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188 
‘‘(2) COOPERATION.—An Indian tribal govern-
ment described in paragraph (1), in cooperation with 
the Secretary of the Interior, and as appropriate 
with a State, local government, or metropolitan plan-
ning organization, shall carry out a transportation 
planning process in accordance with section 201(e). 
‘‘(3) APPROVAL.—Projects selected by an In-
dian tribal government described in paragraph (1) 
from a transportation improvement program shall be 
subject to the approval of the Secretary of the Inte-
rior and the Secretary. 
‘‘(e) FEDERAL-AID ELIGIBLE PROJECT.—Before ap-
proving as a project on a tribal transportation facility any 
project eligible funds apportioned under section 104 in a 
State, the Secretary shall determine that the obligation 
of funds for such project is supplementary to and not in 
lieu of the obligation, for projects on tribal transportation 
facilities, of a fair and equitable share of funds appor-
tioned to such State under section 104. 
‘‘§ 203. Federal lands transportation program 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
Federal lands transportation program in accordance with 
the requirements of this section. 
‘‘(b) USE OF FUNDS.— 
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189 
‘‘(1) IN GENERAL.—Funds made available to 
carry out the Federal lands transportation program 
shall be used by the Secretary and the Secretaries 
of Federal land management agencies to pay for the 
following: 
‘‘(A) The covered costs of— 
‘‘(i) Federal lands highways; 
‘‘(ii) vehicular parking areas adjacent 
to Federal lands highways; 
‘‘(iii) pedestrian walkways and bicycle 
transportation facilities (as defined in sec-
tion 217) on Federal lands; and 
‘‘(iv) roadside rest areas, including 
sanitary and water facilities, on Federal 
lands. 
‘‘(B) The costs of transportation projects 
on public roads or trails eligible for assistance 
under this title that are within, or provide ac-
cess to, Federal lands. 
‘‘(C) The costs of public transportation 
projects eligible for assistance under section 
5311(b)(1) of title 49 that are within, or pro-
vide access to, Federal lands (without regard to 
whether the project is located in an urbanized 
area). 
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190 
‘‘(D) The costs of rehabilitation, restora-
tion, and construction of interpretive signage at 
Federal lands highways. 
‘‘(E) The costs of acquisition of necessary 
scenic easements and scenic or historic sites as-
sociated with Federal lands highways. 
‘‘(2) COVERED COSTS DEFINED.—In paragraph 
(1), the term ‘covered costs’ means the costs of pro-
gram administration, transportation planning, re-
search, preventive maintenance, engineering, reha-
bilitation, restoration, construction, and reconstruc-
tion. 
‘‘(3) CONTRACT.—In connection with an activ-
ity described in paragraph (1), the Secretary and the 
Secretary of the appropriate Federal land manage-
ment agency may enter into a contract or other ap-
propriate agreement with respect to such activity 
with— 
‘‘(A) a State (including a political subdivi-
sion of a State); or 
‘‘(B) an Indian tribe. 
‘‘(4) ADMINISTRATION.—All appropriations for 
the construction and improvement of Federal lands 
transportation facilities shall be administered in con-
formity with regulations and agreements jointly ap-
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191 
proved by the Secretary and the Secretary of the ap-
propriate Federal land management agency. 
‘‘(5) COOPERATION.— 
‘‘(A) IN
GENERAL.—The cooperation of 
States and political subdivisions of States may 
be accepted in construction and improvement of 
Federal lands transportation facilities. 
‘‘(B) CREDITING OF FUNDS.—Any funds 
received from a State or a political subdivision 
of a State for such construction or improvement 
of Federal lands transportation facilities shall 
be credited to appropriations available for the 
class of Federal lands transportation facilities 
to which funds were contributed. 
‘‘(6) COMPETITIVE BIDDING.—Construction of 
a project under the Federal lands transportation 
program shall be performed pursuant to a contract 
awarded by competitive bidding unless the Secretary 
or the Secretary of the appropriate Federal land 
management agency affirmatively finds that, under 
the circumstances relating to the project, some other 
method is in the public interest. 
‘‘(c) AGENCY PROGRAM DISTRIBUTIONS.— 
‘‘(1) IN GENERAL.—On October 1 of each fiscal 
year, the Secretary shall allocate the funds made 
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192 
available to carry out the Federal lands transpor-
tation program for the fiscal year on the basis of ap-
plications of need, as determined by the Secretary, 
and in coordination with the transportation plans re-
quired by section 201(e), of the respective transpor-
tation systems of the Federal land management 
agencies. 
‘‘(2) MINIMUM
ALLOCATIONS.—When making 
an allocation of funds under paragraph (1) for a fis-
cal year, the Secretary shall ensure that, of the total 
amount of funds subject to the allocation— 
‘‘(A) the National Park Service receives, at 
a minimum, 38 percent; 
‘‘(B) the Forest Service receives, at a min-
imum, 32 percent; and 
‘‘(C) the United States Fish and Wildlife 
Service receives, at a minimum, 4.5 percent. 
‘‘(3) APPLICATIONS.— 
‘‘(A) IN
GENERAL.—The Secretary of a 
Federal land management agency may submit 
to the Secretary an application for assistance 
under the Federal lands transportation pro-
gram. 
‘‘(B) CONTENTS.—An application sub-
mitted by the Secretary of a Federal land man-
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193 
agement agency under subparagraph (A) shall 
contain such information as the Secretary may 
require, including a description of any proposed 
program for which the agency is seeking assist-
ance and the potential funding levels for the 
program. 
‘‘(C) CONSIDERATIONS.—In reviewing a 
proposed program described in an application 
submitted by the Secretary of a Federal land 
management agency under subparagraph (A), 
the Secretary shall consider the extent to which 
the program supports— 
‘‘(i) a state of good repair of transpor-
tation facilities across the agency’s inven-
tory; 
‘‘(ii) a reduction of deficient bridges 
across the agency’s inventory; 
‘‘(iii) improvement of safety across the 
agency’s inventory; 
‘‘(iv) high use Federal recreation sites 
or Federal economic generators; and 
‘‘(v) the resource management goals 
of the Secretary of the respective Federal 
land management agency. 
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194 
‘‘(d) NATIONAL FEDERAL LANDS HIGHWAYS INVEN-
TORY.— 
‘‘(1) IN GENERAL.—The Secretaries of the Fed-
eral land management agencies, in cooperation with 
the Secretary, shall maintain a comprehensive na-
tional inventory of Federal lands highways. 
‘‘(2) HIGHWAYS
INCLUDED
IN
THE
INVEN-
TORY.—For purposes of identifying the Federal 
lands transportation system and determining the rel-
ative transportation needs among Federal land man-
agement agencies, the inventory shall include, at a 
minimum, highways that— 
‘‘(A) provide access to high use Federal 
recreation sites or Federal economic generators, 
as determined by the Secretary in coordination 
with the Secretaries of the Federal land man-
agement agencies; and 
‘‘(B) are administered by a Federal land 
management agency. 
‘‘(3) AVAILABILITY.—The Secretary of each 
Federal land management agency shall maintain an 
inventory of the Federal lands highways adminis-
tered by the agency and make the inventory avail-
able to the Secretary. 
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195 
‘‘(4) UPDATES.—The Secretary of each Federal 
land management agency shall update its inventory 
referred to in paragraph (3) as determined by the 
Secretary. 
‘‘(5) REVIEW.—A decision to add or remove a 
highway from an inventory referred to in paragraph 
(1) or (4) shall not be considered a Federal action 
for purposes of review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).’’. 
SEC. 1502. DEFINITIONS. 
(a) REPEALS.—Paragraphs (7), (9), (12), (19), (20), 
(24), (25), (26), and (28) of section 101(a) are repealed. 
(b) DEFINITIONS RELATING TO FEDERAL LANDS 
AND
TRIBAL
TRANSPORTATION
PROGRAMS.—Section 
101(a) is amended by adding at the end the following: 
‘‘(40) FEDERAL
LAND
MANAGEMENT
AGEN-
CY.—The term ‘Federal land management agency’ 
means each of the following: 
‘‘(A) The National Park Service. 
‘‘(B) The Forest Service. 
‘‘(C) The United States Fish and Wildlife 
Service. 
‘‘(D) The Corps of Engineers. 
‘‘(E) The Bureau of Land Management. 
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196 
‘‘(41) FEDERAL
LANDS.—The term ‘Federal 
lands’ means lands administered by a Federal land 
management agency. 
‘‘(42) FEDERAL LANDS HIGHWAY.—The term 
‘Federal lands highway’ means a public road, high-
way, bridge, or trail that is located on, is adjacent 
to, or provides access to Federal lands and appears 
on the national inventory of Federal lands highways 
maintained under section 203(d). 
‘‘(43) FEDERAL LANDS TRANSPORTATION FA-
CILITY.—The term ‘Federal lands transportation fa-
cility’ means a transportation facility eligible for as-
sistance under section 203(b). 
‘‘(44) TRIBAL ROAD.—The term ‘tribal road’ 
means a public road, highway, bridge, or trail that 
is located on or provides access to tribal lands and 
appears on the national inventory of tribal roads 
maintained under section 202(c). 
‘‘(45) TRIBAL
TRANSPORTATION
FACILITY.— 
The term ‘tribal transportation facility’ means a 
transportation facility eligible for assistance under 
section 202(b).’’. 
SEC. 1503. CONFORMING AMENDMENTS. 
(a) FEDERAL SHARE PAYABLE.—Section 120 is 
amended— 
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197 
(1) in subsection (e) by striking ‘‘forest high-
ways, forest development roads and trails, park 
roads and trails, parkways, public lands highways, 
public lands development roads and trails, and In-
dian reservation roads’’ and inserting ‘‘tribal roads 
and Federal lands highways’’; and 
(2) in subsection (l)— 
(A) in the subsection heading by striking 
‘‘FEDERAL LANDS HIGHWAYS PROGRAM’’ and 
inserting ‘‘TRIBAL TRANSPORTATION PROGRAM 
AND FEDERAL LANDS TRANSPORTATION PRO-
GRAM’’; and 
(B) by striking ‘‘the Federal lands high-
ways program under section 204’’ and inserting 
‘‘the tribal transportation program under sec-
tion 202 and the Federal lands transportation 
program under section 203’’. 
(b) PRESERVATION OF PARKLANDS.—Section 138(a) 
is amended by striking ‘‘park road or parkway under sec-
tion 204 of this title’’ and inserting ‘‘Federal lands trans-
portation facility under section 203’’. 
(c) EFFICIENT
ENVIRONMENTAL
REVIEWS
FOR 
PROJECT DECISIONMAKING.—Section 139(j)(3) is amend-
ed— 
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198 
(1) in the paragraph heading by striking ‘‘USE 
OF FEDERAL LANDS HIGHWAY FUNDS’’ and inserting 
‘‘USE OF TRIBAL TRANSPORTATION PROGRAM AND 
FEDERAL
LANDS
TRANSPORTATION
PROGRAM 
FUNDS’’; and 
(2) by striking ‘‘section 204’’ and inserting 
‘‘sections 202 and 203’’. 
(d) BICYCLE TRANSPORTATION
AND PEDESTRIAN 
WALKWAYS.—Section 217(c) is amended— 
(1) in the subsection heading by striking ‘‘FED-
ERAL LANDS HIGHWAYS’’ and inserting ‘‘TRIBAL 
TRANSPORTATION PROGRAM AND FEDERAL LANDS 
TRANSPORTATION PROGRAM FUNDS’’; and 
(2) by striking ‘‘Funds authorized for’’ and all 
that follows through ‘‘public lands highways’’ and 
inserting ‘‘Funds authorized for tribal transpor-
tation facilities and Federal lands transportation fa-
cilities’’. 
(e) RULES, REGULATIONS, 
AND
RECOMMENDA-
TIONS.—Section 315 is amended by striking ‘‘sections 
204(f) and 205(a) of this title’’ and inserting ‘‘sections 
203(b)(4) and 205(a)’’. 
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199 
SEC. 1504. REPEALS; EFFECTIVE DATE. 
(a) IN GENERAL.—Sections 204 and 214, and the 
items relating to such sections in the analysis for chapter 
2, are repealed. 
(b) EXISTING FUNDS.—A repeal or amendment made 
by this subtitle shall not affect funds apportioned or allo-
cated (or funds awarded but not yet allocated) before the 
effective date of the repeal or amendment. 
SEC. 1505. CLERICAL AMENDMENT. 
The analysis for chapter 2 is amended by striking the 
items relating to sections 201 through 203 and inserting 
the following: 
‘‘201. General provisions. 
‘‘202. Tribal transportation program. 
‘‘203. Federal lands transportation program.’’. 
Subtitle F—Program Elimination 
and Consolidation 
SEC. 1601. PROGRAM ELIMINATION AND CONSOLIDATION. 
(a) GENERAL PROVISIONS.— 
(1) EXISTING FUNDS.—A repeal or amendment 
made by this section shall not affect funds appor-
tioned or allocated before the effective date of the 
repeal. 
(2) AMENDATORY PROVISIONS.—A repeal made 
by this section of a provision that contains an 
amendment to or repeal of another law shall not be 
construed to affect that law. The amendment to or 
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200 
repeal of that law shall remain in effect as if this 
section had not been enacted. 
(b) REVENUE ALIGNED BUDGET AUTHORITY.—Sec-
tion 110, and the item relating to that section in the anal-
ysis for chapter 1, are repealed. 
(c) HIGH PRIORITY PROJECTS PROGRAM.—Section 
117, and the item relating to that section in the analysis 
for chapter 1, are repealed. 
(d) SET ASIDES FOR INTERSTATE DISCRETIONARY 
PROJECTS.—Section 118(c) is repealed. 
(e) CONTROL OF JUNKYARDS.—Section 136, and the 
item relating to that section in the analysis for chapter 
1, are repealed. 
(f) HIGHWAY BRIDGE PROGRAM.—Section 144, and 
the item relating to that section in the analysis for chapter 
1, are repealed. 
(g) HAZARD ELIMINATION PROGRAM.—Section 152, 
and the item relating to that section in the analysis for 
chapter 1, are repealed. 
(h) SAFETY INCENTIVE GRANTS FOR THE USE OF 
SEAT BELTS.—Section 157, and the item relating to that 
section in the analysis for chapter 1, are repealed. 
(i) ACCESS HIGHWAYS
TO PUBLIC RECREATION 
AREAS ON CERTAIN LAKES.—Section 155, and the item 
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201 
relating to that section in the analysis for chapter 1, are 
repealed. 
(j) REIMBURSEMENT FOR SEGMENTS OF THE INTER-
STATE SYSTEM CONSTRUCTED WITHOUT FEDERAL AS-
SISTANCE.—Section 160, and the item relating to that 
section in the analysis for chapter 1, are repealed. 
(k) NATIONAL SCENIC BYWAYS PROGRAM.—Section 
162, and the item relating to that section in the analysis 
for chapter 1, are repealed. 
(l) INTER-AMERICAN HIGHWAY.—Section 212, and 
the item relating to that section in the analysis for chapter 
2, are repealed. 
(m) DARIEN GAP HIGHWAY.—Section 216, and the 
item relating to that section in the analysis for chapter 
2, are repealed. 
(n) STATE COORDINATORS.—Section 217 (as amend-
ed by this Act) is further amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsections (e) through (j) 
as subsections (d) through (i), respectively. 
(o) ALASKA HIGHWAY.—Section 218 is amended— 
(1) in subsection (a)— 
(A) by striking the first 2 sentences; 
(B) in the third sentence— 
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202 
(i) by striking ‘‘, in addition to such 
funds,’’; and 
(ii) by striking ‘‘such highway or’’; 
and 
(C) by striking ‘‘No expenditures’’ and all 
that follows through the period at the end; 
(2) by striking subsection (b); and 
(3) by redesignating subsection (c) as sub-
section (b). 
(p) MANAGEMENT SYSTEMS.—Section 303, and the 
item relating to that section in the analysis for chapter 
3, are repealed. 
(q) COOPERATION WITH OTHER AMERICAN REPUB-
LICS.—Section 309, and the item relating to that section 
in the analysis for chapter 3, are repealed. 
(r) LANDSCAPING
AND SCENIC ENHANCEMENT.— 
Section 319 is amended— 
(1) by striking ‘‘(a) LANDSCAPE AND ROAD-
SIDE DEVELOPMENT.—’’; and 
(2) by striking subsection (b). 
(s) MAGNETIC LEVITATION TRANSPORTATION TECH-
NOLOGY DEPLOYMENT PROGRAM.—Section 322, and the 
item relating to that section in the analysis for chapter 
3, are repealed. 
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203 
(t) TRANSPORTATION, COMMUNITY, AND SYSTEM 
PRESERVATION PROGRAM.—Section 1117 of SAFETEA– 
LU (119 Stat. 1177), and the item relating to that section 
in the table of contents contained in section 1(b) of that 
Act, are repealed. 
(u) PROJECTS OF NATIONAL AND REGIONAL SIG-
NIFICANCE.—Section 1301 of SAFETEA–LU (119 Stat. 
1198), and the item relating to that section in the table 
of contents contained in section 1(b) of that Act, are re-
pealed. 
(v) NATIONAL
CORRIDOR
INFRASTRUCTURE
IM-
PROVEMENT PROGRAM.—Section 1302 of SAFETEA–LU 
(119 Stat. 1204), and the item relating to that section 
in the table of contents contained in section 1(b) of that 
Act, are repealed. 
(w) TRUCK PARKING FACILITIES.—Section 1305 of 
SAFETEA–LU (119 Stat. 1214), and the item relating 
to that section in the table of contents contained in section 
1(b) of that Act, are repealed. 
(x) FREIGHT INTERMODAL DISTRIBUTION PILOT 
GRANT PROGRAM.—Section 1306 of SAFETEA–LU (119 
Stat. 1215), and the item relating to that section in the 
table of contents contained in section 1(b) of that Act, 
are repealed. 
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204 
(y) 
DEPLOYMENT
OF
MAGNETIC
LEVITATION 
TRANSPORTATION
PROJECTS.—Section 
1307 
of 
SAFETEA–LU (119 Stat. 1217), and the item relating 
to that section in the table of contents contained in section 
1(b) of that Act, are repealed. 
(z) DELTA REGION TRANSPORTATION DEVELOP-
MENT PROGRAM.—Section 1308 of SAFETEA–LU (119 
Stat. 1218), and the item relating to that section in the 
table of contents contained in section 1(b) of that Act, 
are repealed. 
(aa) SAFE ROUTES TO SCHOOL PROGRAM.—Section 
1404 of SAFETEA–LU (119 Stat. 1228), and the item 
relating to that section in the table of contents contained 
in section 1(b) of that Act, are repealed. 
(bb) NATIONAL WORK ZONE SAFETY INFORMATION 
CLEARINGHOUSE.—Section 1410 of SAFETEA–LU (119 
Stat. 1233), and the item relating to that section in the 
table of contents contained in section 1(b) of that Act, 
are repealed. 
(cc) 
ROADWAY
SAFETY.—Section 
1411(b) 
of 
SAFETEA–LU (119 Stat. 1234) is repealed. 
(dd) HIGHWAYS FOR LIFE PILOT PROGRAM.—Sec-
tion 1502 of SAFETEA–LU (119 Stat. 1236), and the 
item relating to that section in the table of contents con-
tained in section 1(b) of that Act, are repealed. 
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205 
(ee) EXPRESS LANES DEMONSTRATION PROGRAM.— 
Section 1604(b) of SAFETEA–LU (119 Stat. 1250) is 
repealed. 
(ff) INTERSTATE
SYSTEM
CONSTRUCTION
TOLL 
PILOT PROGRAM.—Section 1604(c) of SAFETEA–LU 
(119 Stat. 1253) is repealed. 
(gg) AMERICA’S BYWAYS RESOURCE CENTER.—Sec-
tion 1803 of SAFETEA–LU (119 Stat. 1458), and the 
item relating to that section in the table of contents con-
tained in section 1(b) of that Act, are repealed. 
(hh) NATIONAL HISTORIC COVERED BRIDGE PRES-
ERVATION.—Section 1804 of SAFETEA–LU (119 Stat. 
1458), and the item relating to that section in the table 
of contents contained in section 1(b) of that Act, are re-
pealed. 
(ii) NONMOTORIZED TRANSPORTATION PILOT PRO-
GRAM.—Section 1807 of SAFETEA–LU (119 Stat. 
1460), and the item relating to that section in the table 
of contents contained in section 1(b) of that Act, are re-
pealed. 
(jj) 
GRANT
PROGRAM
TO
PROHIBIT
RACIAL 
PROFILING.—Section 1906 of SAFETEA–LU (119 Stat. 
1468), and the item relating to that section in the table 
of contents contained in section 1(b) of that Act, are re-
pealed. 
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206 
(kk) PAVEMENT MARKING SYSTEMS DEMONSTRA-
TION PROJECTS.—Section 1907 of SAFETEA–LU (119 
Stat. 1469), and the item relating to that section in the 
table of contents contained in section 1(b) of that Act, 
are repealed. 
(ll) LIMITATION ON PROJECT APPROVAL.—Section 
1958 of SAFETEA–LU (119 Stat. 1515), and the item 
relating to that section in the table of contents contained 
in section 1(b) of that Act, are repealed. 
Subtitle G—Miscellaneous 
SEC. 1701. TRANSPORTATION ENHANCEMENT ACTIVITY DE-
FINED. 
Section 101(a)(35) is amended— 
(1) by striking subparagraphs (C), (F), (G), 
(H), and (L); and 
(2) by redesignating subparagraphs (D), (E), 
(I), (J), and (K) as subparagraphs (C), (D), (E), 
(F), and (G), respectively. 
SEC. 1702. PAVEMENT MARKINGS. 
Section 109 is amended by adding at the end the fol-
lowing: 
‘‘(r) PAVEMENT MARKINGS.—The Secretary may not 
approve any pavement markings project that includes the 
use of glass beads containing more than 200 parts per 
million of arsenic or lead.’’. 
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SEC. 1703. REST AREAS. 
(a) AGREEMENTS RELATING TO USE OF AND ACCESS 
TO
RIGHTS-OF-WAY—INTERSTATE
SYSTEM.—Section 
111 is amended— 
(1) in subsection (a) in the second sentence by 
striking the period and inserting ‘‘and will not 
change the boundary of any right-of-way on the 
Interstate System to accommodate construction of, 
or afford access to, an automotive service station or 
other commercial establishment.’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) REST AREAS.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a), the Secretary shall permit a State to acquire, 
construct, operate, and maintain a rest area along a 
highway on the Interstate System in such State. 
‘‘(2) ELIGIBLE
ACTIVITIES.—The Secretary 
shall permit a rest area under paragraph (1) to in-
clude commercial activities that provide goods, serv-
ices, and information serving the traveling public 
and the commercial motor carrier industry. Such 
commercial activities shall be limited to— 
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‘‘(A) commercial advertising and media 
displays if such advertising and displays are— 
‘‘(i) exhibited solely within any facility 
constructed in the rest area; and 
‘‘(ii) not legible from the main trav-
eled way; 
‘‘(B) State promotional or tourism items; 
‘‘(C) 
tourism-related 
merchandise 
and 
products, including electronics and clothing; 
‘‘(D) historical or tourism-related enter-
tainment items, including event or attraction 
tickets; 
‘‘(E) travel-related information, including 
maps, travel booklets, and hotel coupon book-
lets; 
‘‘(F) automatic teller machines; and 
‘‘(G) lottery machines. 
‘‘(3) PRIVATE OPERATORS.—A State may per-
mit a private party to operate such commercial ac-
tivities. 
‘‘(4) LIMITATION ON USE OF REVENUES.—A 
State shall use any revenues received from the com-
mercial activities in a rest area under this section to 
cover the costs of acquiring, constructing, operating, 
and maintaining rest areas in the State.’’. 
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(b) CONTROL OF OUTDOOR ADVERTISING.—Section 
131(i) is amended by adding at the end the following: ‘‘A 
State may permit the installation of signs that acknowl-
edge the sponsorship of rest areas within such rest areas 
or along the main traveled way of the system, provided 
that such signs shall not affect the safe and efficient utili-
zation of the Interstate System and the primary system. 
The Secretary shall establish criteria for the installation 
of such signs on the main traveled way, including criteria 
pertaining to the placement of rest area sponsorship ac-
knowledgment signs in relation to the placement of ad-
vance guide signs for rest areas.’’. 
SEC. 1704. JUSTIFICATION REPORTS FOR ACCESS POINTS 
ON THE INTERSTATE SYSTEM. 
Section 111 is amended by adding at the end the fol-
lowing: 
‘‘(e) JUSTIFICATION REPORTS.—If the Secretary re-
quests or requires a justification report for a project that 
would add a point of access to, or exit from, the Interstate 
System, the Secretary may permit a State transportation 
department to approve such report.’’. 
SEC. 1705. PATENTED OR PROPRIETARY ITEMS. 
Section 112 is amended by adding at the end the fol-
lowing: 
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‘‘(h) USE OF PATENTED OR PROPRIETARY ITEMS.— 
The Secretary shall approve the use, by a State, of Federal 
funds made available to carry out this chapter to pay for 
patented or proprietary items if the State transportation 
department certifies, based on the documented analysis 
and professional judgment of qualified State transpor-
tation officials, that— 
‘‘(1) no equally suitable alternative item exists; 
‘‘(2) any specified patented or proprietary item 
will be clearly identified as a patented or proprietary 
item in bid documents; and 
‘‘(3) any specified patented or proprietary item 
will be available in sufficient quantity to complete 
any project identified in bid documents.’’. 
SEC. 1706. PREVENTIVE MAINTENANCE. 
Section 116 is amended by adding at the end the fol-
lowing: 
‘‘(e) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) PREVENTIVE
MAINTENANCE.—The term 
‘preventive maintenance’ includes pavement preser-
vation programs and activities. 
‘‘(2) PAVEMENT PRESERVATION PROGRAMS AND 
ACTIVITIES.—The term ‘pavement preservation pro-
grams and activities’ means programs and activities 
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employing a network level, long-term strategy that 
enhances pavement performance by using an inte-
grated, cost-effective set of practices that extend 
pavement life, improve safety, and meet road user 
expectations.’’. 
SEC. 1707. MAPPING. 
(a) IN GENERAL.—Section 306 is amended— 
(1) in subsection (a) by striking ‘‘may’’ and in-
serting ‘‘shall’’; 
(2) in subsection (b) by striking ‘‘State and’’ 
and inserting ‘‘State government and’’; and 
(3) by adding at the end the following: 
‘‘(c) IMPLEMENTATION.—The Secretary shall develop 
a process for the oversight and monitoring, on an annual 
basis, of the compliance of each State with the guidance 
issued under subsection (b).’’. 
(b) SURVEY.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall conduct a 
survey of all States to determine what percentage of 
projects carried out under title 23, United States Code, 
in each State utilize private sector sources for surveying 
and mapping services. 
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SEC. 1708. FUNDING FLEXIBILITY FOR TRANSPORTATION 
EMERGENCIES. 
(a) IN GENERAL.—Chapter 3 is amended by adding 
at the end the following: 
‘‘§ 330. Funding flexibility for transportation emer-
gencies 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, the chief executive of a State, after declaring 
an emergency with respect to a transportation facility 
under subsection (b), may use any covered funds of the 
State to repair or replace the transportation facility. 
‘‘(b) DECLARATION OF EMERGENCY.—To declare an 
emergency with respect to a transportation facility for 
purposes of subsection (a), the chief executive of a State 
shall provide to the Secretary written notice of the declara-
tion, which shall specify— 
‘‘(1) the emergency; 
‘‘(2) the affected transportation facility; and 
‘‘(3) the repair or replacement activities to be 
carried out. 
‘‘(c) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) COVERED
FUNDS.—The term ‘covered 
funds’ means any amounts apportioned to a State 
under this title, including any such amounts re-
quired to be set aside for a purpose other than the 
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repair or replacement of a transportation facility 
under this section. 
‘‘(2) 
EMERGENCY.—The 
term 
‘emergency’ 
means any unexpected event or condition that— 
‘‘(A) may cause, or has caused, the cata-
strophic failure of a transportation facility; and 
‘‘(B) is determined to be an emergency by 
the chief executive of a State. 
‘‘(3) TRANSPORTATION
FACILITY.—The term 
‘transportation facility’ means any component of the 
National Highway System. 
‘‘(d) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section may be construed to allow a State 
to change the division of surface transportation program 
funding under section 133(d)(3).’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘330. Funding flexibility for transportation emergencies.’’. 
SEC. 1709. BUDGET JUSTIFICATION. 
(a) IN GENERAL.—Subchapter I of chapter 3 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘§ 310. Budget justification 
‘‘The Secretary of Transportation and the head of 
each modal administration of the Department of Trans-
portation shall submit to the Committee on Transpor-
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tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works and 
the Committee on Banking, Housing, and Urban Affairs 
of the Senate a budget justification concurrently with the 
President’s annual budget submission to Congress.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 3 is amended by inserting after the item relating to 
section 309 the following: 
‘‘310. Budget justification.’’. 
SEC. 1710. EXTENSION OF OVER-THE-ROAD BUS AND PUB-
LIC TRANSIT VEHICLE EXEMPTION FROM 
AXLE WEIGHT RESTRICTIONS. 
Section 1023(h) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 127 note) is 
amended— 
(1) in the heading of paragraph (1) by striking 
‘‘TEMPORARY EXEMPTION’’ and inserting ‘‘EXEMP-
TION’’; 
(2) in paragraph (1) by striking ‘‘, for the pe-
riod beginning on October 6, 1992, and ending on 
October 1, 2009,’’; and 
(3) in paragraph (2)(A) by striking ‘‘For the 
period beginning on the date of enactment of this 
subparagraph and ending on September 30, 2009, 
a’’ and inserting ‘‘A’’. 
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SEC. 1711. REPEAL OF REQUIREMENT FOR INTERSTATE 
SYSTEM DESIGNATION. 
Section 1105(e)(5)(A) of the Intermodal Surface 
Transportation Efficiency Act of 1991 is amended by 
striking ‘‘that the segment’’ and all that follows through 
the period at the end and inserting ‘‘that the segment 
meets the Interstate System design standards approved by 
the Secretary under section 109(b) of title 23, United 
States Code.’’. 
SEC. 1712. RETROREFLECTIVITY. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary shall amend the Manual on Uni-
form Traffic Control Devices to remove compliance dates 
with respect to retroreflectivity standards for regulatory, 
warning, and other post-mounted guide signs and for 
street name and other overhead guide signs. 
SEC. 1713. ENGINEERING JUDGMENT. 
Not later than 90 days after the date of enactment 
of this Act, the Secretary shall issue guidance to State 
transportation departments clarifying that the standards, 
guidance, and options for design and application of traffic 
control devices provided in the Manual on Uniform Traffic 
Control Devices should not be considered a substitute for 
engineering judgment. 
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SEC. 1714. EVACUATION ROUTES. 
Each State shall give adequate consideration to the 
needs of evacuation routes when allocating funds appor-
tioned to the State under title 23, Unites States Code, 
for the construction of Federal-aid highways. 
SEC. 1715. TRUCK PARKING. 
(a) TRUCK PARKING SURVEY.— 
(1) REQUIREMENT.—Not later than 18 months 
after the date of enactment of this Act, the Sec-
retary, in consultation with appropriate State motor 
carrier safety personnel, shall conduct a survey of 
each State— 
(A) to develop a system of metrics to 
measure the adequacy of commercial motor ve-
hicle parking facilities in the State; 
(B) to assess the volume of commercial 
motor vehicle traffic in the State; and 
(C) to evaluate the capability of the State 
to provide adequate parking and rest facilities 
for commercial motor vehicles engaged in inter-
state transportation. 
(2) PUBLICATION OF RESULTS.—The Secretary 
shall make available to the public on the Internet 
Web site of the Department the results of surveys 
conducted under paragraph (1). 
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(3) PERIODIC UPDATES.—The Secretary shall 
periodically update surveys conducted under para-
graph (1). 
(b) TRUCK PARKING PROJECTS.—A State may obli-
gate funds apportioned to the State under paragraph (1), 
(2), (3), or (5) of section 104(b) of title 23, United States 
Code, for the following, if serving the National Highway 
System: 
(1) Constructing a safety rest area (as defined 
in section 120(c) of such title) that includes parking 
for commercial motor vehicles. 
(2) Constructing a commercial motor vehicle 
parking facility adjacent to a commercial truck stop 
or travel plaza. 
(3) Making a facility available to commercial 
motor vehicle parking, including an inspection and 
weigh station or a park-and-ride facility. 
(4) Promoting the availability of publicly or pri-
vately provided commercial motor vehicle parking 
using intelligent transportation systems and other 
means. 
(5) Constructing a turnout for commercial 
motor vehicles. 
(6) Making capital improvements to a seasonal 
public commercial motor vehicle parking facility to 
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allow the facility to remain open throughout the 
year. 
(7) Improving the geometric design of an inter-
change to improve access to a commercial motor ve-
hicle parking facility. 
SEC. 1716. USE OF CERTAIN ADMINISTRATIVE EXPENSES. 
(a) IN GENERAL.—Out of the funds made available 
under section 104(a) of title 23, United States Code, the 
Secretary may use not to exceed a total of $2,000,000 
each fiscal year— 
(1) to operate the national work zone safety in-
formation 
clearinghouse 
authorized 
by 
section 
358(b)(2) of the National Highway System Designa-
tion Act of 1995 (23 U.S.C. 401 note; 109 Stat. 
625); 
(2) to operate a public road safety clearing-
house under section 1411(a) of SAFETEA–LU (23 
U.S.C. 402 note; 119 Stat. 1234); and 
(3) to provide work zone safety grants under 
subsections (a) and (b) of section 1409 of 
SAFETEA–LU (23 U.S.C. 401 note; 119 Stat. 
1232). 
(b) CONFORMING AMENDMENTS.— 
(1) ROADWAY
SAFETY.—Section 1411(a) of 
SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 
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1234) is amended by striking paragraph (2) and in-
serting the following: 
‘‘(2) FUNDING.—Funding for activities under 
this subsection may be made available as described 
in section 1716(a) of the American Energy and In-
frastructure Jobs Act of 2012.’’. 
(2) WORK
ZONE
SAFETY
GRANTS.—Section 
1409 of SAFETEA–LU (23 U.S.C. 401 note; 119 
Stat. 1232) is amended by striking subsection (c)(1) 
and inserting the following: 
‘‘(1) IN
GENERAL.—Funding for activities 
under this section may be made available as de-
scribed in section 1716(a) of the American Energy 
and Infrastructure Jobs Act of 2012.’’. 
SEC. 1717. TRANSPORTATION TRAINING AND EMPLOYMENT 
PROGRAMS. 
To encourage the development of careers in the trans-
portation field, the Secretary of Education and the Sec-
retary of Labor are encouraged to use funds for training 
and employment education programs to develop such pro-
grams for transportation-related careers and trades, and 
to work with the Secretary of Transportation to carry out 
such programs. 
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SEC. 1717A. ENGINEERING AND DESIGN SERVICES. 
(a) IN GENERAL.—For projects carried out under 
title 23, United States Code, a State transportation de-
partment shall utilize, to the maximum extent practicable, 
commercial enterprises for the delivery of engineering and 
design services. 
(b) REPORTING REQUIREMENT.—Not later than 1 
year after the date of enactment of this Act, each State 
transportation department shall submit to the Secretary 
a report documenting the extent to which the State utilizes 
commercial enterprises for the delivery of engineering and 
design services for projects carried out under title 23, 
United States Code, which shall include, at a minimum— 
(1) the number and types of engineering and 
design activities for which commercial enterprises 
were utilized in the preceding year; and 
(2) the policies or procedures utilized by the 
State transportation department to increase the 
amount of engineering and design services for which 
commercial enterprises were utilized. 
(c) STATE
TRANSPORTATION
DEPARTMENT
DE-
FINED.—In this section, the term ‘‘State transportation 
department’’ has the meaning given that term under sec-
tion 101 of title 23, United States Code. 
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SEC. 1718. NOTICE OF CERTAIN GRANT AWARDS. 
(a) IN GENERAL.—Except to the extent otherwise ex-
pressly provided in another provision of law, at least 3 
business days before a covered grant award is announced, 
the Secretary shall provide to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
written notice of the covered grant award. 
(b) COVERED GRANT AWARD DEFINED.—The term 
‘‘covered grant award’’ means a grant award— 
(1) made— 
(A) by the Department; and 
(B) with funds made available under this 
Act; and 
(2) in an amount equal to or greater than 
$500,000. 
TITLE II—PUBLIC 
TRANSPORTATION 
SEC. 2001. SHORT TITLE; AMENDMENTS TO TITLE 49, 
UNITED STATES CODE. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Public Transportation Act of 2012’’. 
(b) AMENDMENTS TO TITLE 49, UNITED STATES 
CODE.—Except as otherwise expressly provided, whenever 
in this title an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
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a section or other provision of title 49, United States 
Code. 
SEC. 2002. DEFINITIONS. 
Section 5302(a) is amended— 
(1) in paragraph (1)(I) by striking ‘‘10 per-
cent’’ and inserting ‘‘15 percent’’; 
(2) by redesignating paragraphs (12) through 
(17) as paragraphs (13) through (18), respectively; 
and 
(3) by inserting after paragraph (11) the fol-
lowing: 
‘‘(12) RURAL
AREA.—The term ‘rural area’ 
means an area encompassing a population of less 
than 50,000 people that has not been designated in 
the most recent decennial census as an ‘urbanized 
area’ by the Secretary of Commerce.’’. 
SEC. 2003. PLANNING PROGRAMS. 
Section 5305 is amended— 
(1) in the heading for subsection (d) by insert-
ing ‘‘TRANSPORTATION’’ before ‘‘PLANNING’’; 
(2) in paragraph (d)(2), by striking ‘‘designated 
under this section’’ and inserting ‘‘responsible for 
carrying out the provisions of section 5203 of this 
title’’; and 
(3) in subsection (e)— 
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(A) in the subsection heading by striking 
‘‘STATE’’ and inserting ‘‘STATEWIDE TRANS-
PORTATION’’; and 
(B) in paragraph (1)(A) by striking 
‘‘5315,’’. 
SEC. 2004. PRIVATE ENTERPRISE PARTICIPATION. 
Section 5306(a) is amended by striking ‘‘, as deter-
mined by local policies, criteria, and decisionmaking,’’. 
SEC. 2005. URBANIZED AREA FORMULA GRANTS. 
(a) GENERAL AUTHORITY.—Section 5307(b)(3) is 
amended— 
(1) by inserting ‘‘TRANSPORTATION MANAGE-
MENT AREAS.—’’ before ‘‘In a’’; and 
(2) by moving the text 2 ems to the right. 
(b) GRANT
RECIPIENT
REQUIREMENTS.—Section 
5307(d)(1) is amended— 
(1) in subparagraph (D)— 
(A) by striking ‘‘elderly and handicapped 
individuals, or an’’ and inserting ‘‘elderly indi-
viduals, individuals with disabilities, and any’’; 
and 
(B) by striking the comma before ‘‘will be 
charged’’; 
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‘‘(3) SMALL START PROJECT.—The term ‘small 
start project’ means a new fixed guideway capital 
project for which— 
‘‘(A) the Federal assistance provided or to 
be provided under this section is less than 
$75,000,000; and 
‘‘(B) the total estimated net capital cost is 
less than $250,000,000. 
‘‘(b) GENERAL AUTHORITY.—The Secretary may 
make grants under this section to assist State and local 
governmental authorities in financing— 
‘‘(1) new fixed guideway capital projects under 
subsections (d) and (e), including the acquisition of 
real property, the initial acquisition of rolling stock 
for the systems, the acquisition of rights-of-way, and 
relocation assistance, for fixed guideway corridor de-
velopment for projects in the advanced stages of 
planning or in project development; and 
‘‘(2) the development of corridors to support 
new fixed guideway capital projects under sub-
sections (d) and (e), including protecting rights-of- 
way through acquisition, construction of dedicated 
bus and high occupancy vehicle lanes, park and ride 
lots, and other nonvehicular capital improvements 
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that the Secretary may determine would result in in-
creased public transportation usage in the corridor. 
‘‘(c) GRANT REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary may not ap-
prove a grant under this section unless the Secretary 
determines that— 
‘‘(A) the project is part of an approved 
long-range transportation plan and program of 
projects required under sections 5203, 5204, 
and 5306; and 
‘‘(B) the applicant has, or will have— 
‘‘(i) the legal, financial, and technical 
capacity to carry out the project, including 
safety and security aspects of the project; 
‘‘(ii) satisfactory continuing control 
over the use of the equipment or facilities; 
and 
‘‘(iii) the capability and willingness to 
maintain the equipment or facilities. 
‘‘(2) CERTIFICATION.—An applicant that has 
submitted the certifications required under subpara-
graphs (A), (B), (C), and (H) of section 5307(d)(1) 
shall be deemed to have provided sufficient informa-
tion upon which the Secretary may make the deter-
minations required under this subsection. 
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‘‘(3) GRANTEE REQUIREMENTS.—The Secretary 
shall require that any grant awarded under this sec-
tion to a recipient be subject to all terms, conditions, 
requirements, and provisions that the Secretary de-
termines to be necessary or appropriate for the pur-
poses of this section, including requirements for the 
disposition of net increases in the value of real prop-
erty resulting from the project assisted under this 
section. 
‘‘(d) NEW START PROJECTS.— 
‘‘(1) FULL FUNDING GRANT AGREEMENT.— 
‘‘(A) IN GENERAL.—A new start project 
shall be carried out through a full funding 
grant agreement. 
‘‘(B) CRITERIA.—The Secretary shall enter 
into a full funding grant agreement, based on 
the evaluations and ratings required under this 
subsection, with each grantee receiving assist-
ance for a new start project that— 
‘‘(i) is authorized for project develop-
ment; and 
‘‘(ii) has been rated as high, medium- 
high, or medium, in accordance with para-
graph (5). 
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‘‘(2) APPROVAL
OF
GRANTS.—The Secretary 
may approve a grant under this section for a new 
start project only if the Secretary, based upon eval-
uations and considerations set forth in paragraph 
(3) and subject to paragraph (6), determines that 
the project— 
‘‘(A) has been adopted as the locally pre-
ferred alternative as part of the long-range 
transportation plan required under section 
5203; 
‘‘(B) is based on the results of an evalua-
tion of the benefits of the project as set forth 
in paragraph (3); and 
‘‘(C) is supported by an acceptable degree 
of local financial commitment (including evi-
dence of stable and dependable financing 
sources) to construct, maintain, and operate the 
system or extension, and maintain and operate 
the entire public transportation system without 
requiring a reduction in existing public trans-
portation services or level of service to operate 
the project. 
‘‘(3) EVALUATION OF BENEFITS AND FEDERAL 
INVESTMENT.—In making a determination for a new 
start project under paragraph (2)(B), the Secretary 
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shall analyze, evaluate, and consider the following 
evaluation criteria for the project (as compared to a 
no-action alternative): 
‘‘(A) The cost effectiveness of the project. 
‘‘(B) The mobility and accessibility bene-
fits of the project, including direct intermodal 
connectivity with other modes of transportation. 
‘‘(C) The degree of congestion relief antici-
pated as a result of the project. 
‘‘(D) The reductions in energy consump-
tion and air pollution associated with the 
project. 
‘‘(E) The economic development effects as-
sociated with the project. 
‘‘(F) The private contributions to the 
project, including cost-effective project delivery, 
management or transfer of project risks, expe-
dited project schedule, financial partnering, and 
other public-private strategies. 
‘‘(4) EVALUATION OF LOCAL FINANCIAL COM-
MITMENT.—In making a determination for a new 
start project under paragraph (2)(C), the Secretary 
shall— 
‘‘(A) require that the proposed project plan 
provide for the availability of contingency 
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230 
amounts that the Secretary determines to be 
reasonable to cover unanticipated cost in-
creases; 
‘‘(B) require that each proposed local 
source of capital and operating financing is sta-
ble, reliable, and available within the project 
timetable; 
‘‘(C) consider private contributions to the 
project, including cost-effective project delivery, 
management or transfer of project risks, expe-
dited project schedule, financial partnering, and 
other public-private partnership strategies; 
‘‘(D) consider the extent to which the 
project has a local financial commitment that 
exceeds the required non-Federal share of the 
cost of the project; and 
‘‘(E) consider the elements of the overall 
proposed public transportation system advanced 
with 100 percent non-Federal funds. 
‘‘(5) RATINGS.—In carrying out paragraphs (3) 
and (4) for a new start project, the Secretary shall 
evaluate and rate the project on a 5-point scale 
(high, medium-high, medium, medium-low, or low) 
based on an evaluation of the benefits of the project 
as compared to the Federal assistance to be provided 
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231 
and the degree of local financial commitment, as re-
quired under this subsection. In rating the projects, 
the Secretary shall provide, in addition to the overall 
project rating, individual ratings for each of the cri-
teria established by this subsection and shall give 
comparable, but not necessarily equal, numerical 
weight to the benefits that the project will bring to 
the community in calculating the overall project rat-
ing. 
‘‘(e) SMALL START PROJECTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) 
APPLICABILITY
OF
REQUIRE-
MENTS.—Except as provided by subparagraph 
(B), a small start project shall be subject to the 
requirements of this subsection. 
‘‘(B) PROJECTS
RECEIVING
LESS
THAN 
$25,000,000
IN
FEDERAL
ASSISTANCE.—If the 
assistance provided under this section for a 
small start project is less than $25,000,000— 
‘‘(i) the requirements of this sub-
section shall not apply to the project if de-
termined appropriate by the Secretary; and 
‘‘(ii) the Secretary shall utilize special 
warrants described in subsection (n) to ad-
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232 
vance the project and provide Federal as-
sistance as appropriate. 
‘‘(2) SELECTION
CRITERIA.—The Secretary 
may provide Federal assistance for a small start 
project under this subsection only if the Secretary 
determines that the project— 
‘‘(A) has been adopted as the locally pre-
ferred alternative as part of the long-range 
transportation plan required under section 
5203; 
‘‘(B) is based on the results of an analysis 
of the benefits of the project as set forth in 
paragraph (3); and 
‘‘(C) is supported by an acceptable degree 
of local financial commitment. 
‘‘(3) EVALUATION OF BENEFITS AND FEDERAL 
INVESTMENT.—In making a determination for a 
small start project under paragraph (2)(B), the Sec-
retary shall analyze, evaluate, and consider the fol-
lowing evaluation criteria for the project (as com-
pared to a no-action alternative): 
‘‘(A) The cost effectiveness of the project. 
‘‘(B) The mobility and accessibility bene-
fits of the project, including direct intermodal 
connectivity with other modes of transportation. 
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233 
‘‘(C) The degree of congestion relief antici-
pated as a result of the project. 
‘‘(D) The economic development effects as-
sociated with the project. 
‘‘(4) EVALUATION OF LOCAL FINANCIAL COM-
MITMENT.—For purposes of paragraph (2)(C), the 
Secretary shall require that each proposed local 
source of capital and operating financing is stable, 
reliable, and available within the proposed project 
timetable. 
‘‘(5) RATINGS.—In carrying out paragraphs (3) 
and (4) for a small start project, the Secretary shall 
evaluate and rate the project on a 5-point scale 
(high, medium-high, medium, medium-low, or low) 
based on an evaluation of the benefits of the project 
as compared to the Federal assistance to be provided 
and the degree of local financial commitment, as re-
quired under this subsection. In rating the projects, 
the Secretary shall provide, in addition to the overall 
project rating, individual ratings for each of the cri-
teria established by this subsection and shall give 
comparable, but not necessarily equal, numerical 
weight to the benefits that the project will bring to 
the community in calculating the overall project rat-
ing. 
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234 
‘‘(6) GRANTS AND EXPEDITED GRANT AGREE-
MENTS.— 
‘‘(A) IN GENERAL.—The Secretary, to the 
maximum extent practicable, shall provide Fed-
eral assistance under this subsection in a single 
grant. If the Secretary cannot provide such a 
single grant, the Secretary may execute an ex-
pedited grant agreement in order to include a 
commitment on the part of the Secretary to 
provide funding for the project in future fiscal 
years. 
‘‘(B) 
TERMS
OF
EXPEDITED
GRANT 
AGREEMENTS.—In executing an expedited grant 
agreement under this subsection, the Secretary 
may include in the agreement terms similar to 
those established under subsection (g)(2)(A). 
‘‘(C) NOTICE OF PROPOSED GRANTS AND 
EXPEDITED GRANT AGREEMENTS.—At least 10 
days before making a grant award or entering 
into a grant agreement for a project under this 
subsection, the Secretary shall notify, in writ-
ing, the Committee on Transportation and In-
frastructure and the Committee on Appropria-
tions of the House of Representatives and the 
Committee on Banking, Housing, and Urban 
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235 
Affairs and the Committee on Appropriations of 
the Senate of the proposed grant or expedited 
grant agreement, as well as the evaluations and 
ratings for the project. 
‘‘(7) INCLUSION OF CORRIDOR-BASED CAPITAL 
PROJECTS.—In this subsection, the term ‘small start 
project’ includes a corridor-based capital project if— 
‘‘(A) a majority of the project operates in 
a separate right-of-way dedicated for transit use 
during peak hour operations; or 
‘‘(B) the project represents a substantial 
investment in a defined corridor as dem-
onstrated by investment in fixed transit facili-
ties and equipment such as substantial transit 
stations, intelligent transportation systems tech-
nology, traffic signal priority, off-board fare col-
lection, and other direct investments in the cor-
ridor. 
‘‘(f) PREVIOUSLY ISSUED LETTER OF INTENT OR 
GRANT AGREEMENT.—Subsections (d) and (e) do not 
apply to projects for which the Secretary has issued a let-
ter of intent, entered into an early systems work agree-
ment or a full funding grant agreement, or has been ap-
proved to enter final design before the date of enactment 
of the Public Transportation Act of 2012. 
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236 
‘‘(g) LETTERS OF INTENT, FULL FUNDING GRANT 
AGREEMENTS, AND EARLY SYSTEMS WORK AGREE-
MENTS.— 
‘‘(1) LETTERS OF INTENT.— 
‘‘(A) AMOUNTS
INTENDED
TO
BE
OBLI-
GATED.—The Secretary may issue a letter of 
intent to an applicant announcing an intention 
to obligate, for a new start project, an amount 
from future available budget authority specified 
in law that is not more than the amount stipu-
lated as the financial participation of the Sec-
retary in the project. 
‘‘(B) TREATMENT.—The issuance of a let-
ter under subparagraph (A) is deemed not to be 
an obligation under section 1108(c), 1108(d), 
1501, or 1502(a) of title 31 or an administra-
tive commitment. 
‘‘(2) FULL FUNDING GRANT AGREEMENTS.— 
‘‘(A) TERMS.—The Secretary may enter 
into a full funding grant agreement with an ap-
plicant for a grant under this section for a new 
start project. The agreement shall— 
‘‘(i) establish the terms of participa-
tion by the Government in the project; 
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237 
‘‘(ii) establish the maximum amount 
of Government financial assistance for the 
project; 
‘‘(iii) cover the period of time for com-
pleting the project, including, if necessary, 
a period extending beyond the period of an 
authorization; 
‘‘(iv) make timely and efficient man-
agement of the project easier according to 
the laws of the United States; and 
‘‘(v) establish terms requiring the ap-
plicant to repay all Government payments 
made under the agreement (plus such rea-
sonable interest and penalty charges as are 
established by the Secretary in the agree-
ment) if the applicant does not carry out 
the project for reasons within the control 
of the applicant. 
‘‘(B) SPECIAL FINANCIAL RULES.— 
‘‘(i) IN
GENERAL.—A full funding 
grant agreement under this paragraph ob-
ligates an amount of available budget au-
thority specified in law and may include a 
commitment (contingent on amounts to be 
specified in law in advance for commit-
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238 
ments under this paragraph) to obligate an 
additional amount from future available 
budget authority specified in law. 
‘‘(ii) STATEMENT
OF
CONTINGENT 
COMMITMENT.—The full funding grant 
agreement shall state that the contingent 
commitment is not an obligation of the 
Government. 
‘‘(iii) INTEREST AND OTHER FINANC-
ING COSTS.—Interest and other financing 
costs of efficiently carrying out a part of 
the project within a reasonable time are a 
cost of carrying out the project under a 
full funding grant agreement, except that 
eligible costs may not be more than the 
cost of the most favorable financing terms 
reasonably available for the project at the 
time of borrowing. The applicant shall cer-
tify, in a way satisfactory to the Secretary, 
that the applicant has shown reasonable 
diligence in seeking the most favorable fi-
nancing terms. 
‘‘(iv) COMPLETION
OF
OPERABLE 
SEGMENT.—The amount stipulated in a 
full funding grant agreement for a new 
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239 
start project shall be sufficient to complete 
at least one operable segment. 
‘‘(C) BEFORE AND AFTER STUDY.— 
‘‘(i) IN
GENERAL.—A full funding 
grant agreement under this paragraph 
shall require the applicant to conduct a 
study that— 
‘‘(I) describes and analyzes the 
impacts of the new start project on 
transit services and transit ridership; 
‘‘(II) evaluates the consistency of 
predicted and actual project charac-
teristics and performance; and 
‘‘(III) identifies sources of dif-
ferences between predicted and actual 
outcomes. 
‘‘(ii) INFORMATION COLLECTION AND 
ANALYSIS PLAN.— 
‘‘(I) SUBMISSION OF PLAN.—An 
applicant seeking a full funding grant 
agreement under this paragraph shall 
submit to the Secretary a complete 
plan for the collection and analysis of 
information to identify the impacts of 
the new start project and the accuracy 
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240 
of the forecasts prepared during the 
development of the project. Prepara-
tion of the plan shall be included in 
the agreement as an eligible activity. 
‘‘(II) CONTENTS OF PLAN.—The 
plan submitted under subclause (I) 
shall provide for— 
‘‘(aa) the collection of data 
on the current transit system of 
the applicant regarding transit 
service levels and ridership pat-
terns, including origins and des-
tinations, access modes, trip pur-
poses, and rider characteristics; 
‘‘(bb) documentation of the 
predicted scope, service levels, 
capital costs, operating costs, and 
ridership of the project; 
‘‘(cc) collection of data on 
the transit system of the appli-
cant 2 years after the opening of 
the new start project, including 
analogous information on transit 
service levels and ridership pat-
terns and information on the as- 
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built scope and capital costs of 
the project; and 
‘‘(dd) an analysis of the con-
sistency 
of 
predicted 
project 
characteristics with the data col-
lected under item (cc). 
‘‘(D) COLLECTION OF DATA ON CURRENT 
SYSTEM.—To be eligible to enter into a full 
funding grant agreement under this paragraph 
for a new start project, an applicant shall have 
collected data on the current transit system of 
the applicant, according to the plan required 
under subparagraph (C)(ii), before the begin-
ning of construction of the project. Collection of 
the data shall be included in the full funding 
grant agreement as an eligible activity. 
‘‘(3) EARLY SYSTEMS WORK AGREEMENTS.— 
‘‘(A) CONDITIONS.—The Secretary may 
enter into an early systems work agreement 
with an applicant for a new start project if a 
record of decision under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) has been issued on the project and the 
Secretary finds there is reason to believe a full 
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funding grant agreement for the project will be 
made. 
‘‘(B) CONTENTS.— 
‘‘(i) IN GENERAL.—A work agreement 
under this paragraph for a new start 
project obligates an amount of available 
budget authority specified in law and shall 
provide for reimbursement of preliminary 
costs of carrying out the project, including 
land acquisition, timely procurement of 
system elements for which specifications 
are decided, and other activities the Sec-
retary decides are appropriate to make ef-
ficient, 
long-term 
project 
management 
easier. 
‘‘(ii) 
PERIOD
COVERED.—A 
work 
agreement under this paragraph shall 
cover the period of time the Secretary con-
siders appropriate. The period may extend 
beyond the period of current authorization. 
‘‘(iii) INTEREST AND OTHER FINANC-
ING COSTS.—Interest and other financing 
costs of efficiently carrying out the work 
agreement within a reasonable time are a 
cost of carrying out the agreement, except 
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that eligible costs may not be more than 
the cost of the most favorable financing 
terms reasonably available for the project 
at the time of borrowing. The applicant 
shall certify, in a manner satisfactory to 
the Secretary, that the applicant has 
shown reasonable diligence in seeking the 
most favorable financing terms. 
‘‘(iv) 
FAILURE
TO
CARRY
OUT 
PROJECT.—If, after entering into a work 
agreement under this paragraph for a new 
start project, an applicant does not carry 
out the project for reasons within the con-
trol of the applicant, the applicant shall 
repay all Government payments made 
under the work agreement plus reasonable 
interest and penalty charges the Secretary 
establishes in the agreement. 
‘‘(4) LIMITATION ON AMOUNTS.— 
‘‘(A) NEW
START
GRANTS
CONTINGENT 
COMMITMENT AUTHORITY.—The total estimated 
amount of future obligations of the Government 
and contingent commitments to incur obliga-
tions covered by all outstanding letters of in-
tent, full funding grant agreements, and early 
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systems work agreements under this subsection 
for new start projects may be not more than 
the greater of the amount authorized under sec-
tion 5338(b) for such projects or an amount 
equivalent to the last 3 fiscal years of funding 
allocated under subsections (m)(2)(B) for such 
projects, less an amount the Secretary reason-
ably estimates is necessary for grants under 
this section for the projects that are not covered 
by a letter or agreement. The total amount cov-
ered by new letters and contingent commit-
ments included in full funding grant agree-
ments and early systems work agreements for 
such projects may be not more than a limitation 
specified in law. 
‘‘(B) APPROPRIATION REQUIRED.—An ob-
ligation may be made under this subsection only 
when amounts are appropriated for the obliga-
tion. 
‘‘(5) NOTIFICATION OF CONGRESS.—At least 10 
days before issuing a letter of intent or an early sys-
tems work agreement under this section, and at 
least 21 days before entering into a full funding 
grant agreement under this section, the Secretary 
shall notify, in writing, the Committee on Transpor-
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245 
tation and Infrastructure and the Committee on Ap-
propriations of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs 
and the Committee on Appropriations of the Senate 
of the proposed letter or agreement. The Secretary 
shall include with the notification a copy of the pro-
posed letter or agreement as well as the evaluations 
and ratings for the project. 
‘‘(h) GOVERNMENT’S
SHARE
OF
NET
PROJECT 
COST.— 
‘‘(1) IN GENERAL.—Based on engineering stud-
ies, studies of economic feasibility, and information 
on the expected use of equipment or facilities, the 
Secretary shall estimate the net capital project cost 
of a new fixed guideway capital project. A grant 
under this section for the project shall be for 80 per-
cent of the net capital project cost unless the grant 
recipient requests a lower grant percentage. 
‘‘(2) ADJUSTMENT
FOR
COMPLETION
UNDER 
BUDGET.—The Secretary may adjust the final net 
project cost of a new fixed guideway capital project 
evaluated under subsections (d) and (e) to include 
the cost of eligible activities not included in the 
originally defined project if the Secretary determines 
that the originally defined project has been com-
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pleted at a cost that is significantly below the origi-
nal estimate. 
‘‘(3) REMAINDER OF NET PROJECT COST.—The 
remainder of net project costs shall be provided from 
an undistributed cash surplus, a replacement or de-
preciation cash fund or reserve, or new capital from 
public or private sources. 
‘‘(4) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this section shall be construed as 
authorizing the Secretary to request or require a 
non-Federal financial commitment for a project that 
is more than 20 percent of the net capital project 
cost. 
‘‘(5) SPECIAL
RULE
FOR
ROLLING
STOCK 
COSTS.—In addition to amounts allowed pursuant to 
paragraph (1), a planned extension to a fixed guide-
way system may include the cost of rolling stock pre-
viously purchased if the applicant satisfies the Sec-
retary that only amounts other than amounts of the 
Government were used and that the purchase was 
made for use on the extension. A refund or reduc-
tion of the remainder may be made only if a refund 
of a proportional amount of the grant of the Govern-
ment is made at the same time. 
‘‘(i) UNDERTAKING PROJECTS IN ADVANCE.— 
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