I 
113TH CONGRESS 
2D SESSION 
H. R. 4834 
To authorize highway infrastructure and safety, transit, motor carrier, rail, 
and other surface transportation programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2014 
Mr. PETRI (for himself and Ms. NORTON) (both by request): introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure, and in addition to the Committees on Energy and 
Commerce, Ways and Means, Science, Space, and Technology, Natural 
Resources, Oversight and Government Reform, the Budget, and Rules, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To authorize highway infrastructure and safety, transit, 
motor carrier, rail, and other surface transportation pro-
grams, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Generating Renewal, Opportunity, and Work with Accel-
erated Mobility, Efficiency, and Rebuilding of Infrastruc-
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ture and Communities throughout America Act’’ or the 
‘‘GROW AMERICA Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Effective date. 
TITLE I—TRANSPORTATION INFRASTRUCTURE INITIATIVES 
Subtitle A—Increasing Efficiency in Project Delivery 
Sec. 1001. Improving State and Federal agency engagement in environmental 
reviews. 
Sec. 1002. Environmental review alignment and reform. 
Sec. 1003. Improving collaboration for accelerated decisionmaking. 
Sec. 1004. Unreasonable obstruction of navigation determination. 
Sec. 1005. Satisfaction of requirements for certain historic sites. 
Sec. 1006. Rail and transit exemption from consideration under section 4(f). 
Sec. 1007. Multimodal categorical exclusions. 
Sec. 1008. Improving transparency in environmental reviews. 
Sec. 1009. Infrastructure permitting improvement center. 
Sec. 1010. Clarification of transportation environmental authorities. 
Sec. 1011. Advance acquisition. 
Sec. 1012. Bridge exemption from consideration under section 4(f). 
Subtitle B—Freight Policy and Financing 
Sec. 1101. Multimodal freight investment program. 
Sec. 1102. Redesignation of the national network. 
Subtitle C—Planning 
Sec. 1201. Transportation system resilience assessment. 
Sec. 1202. Consolidated and high performing metropolitan planning organiza-
tions. 
Sec. 1203. Participation of public port authorities. 
Sec. 1204. Strengthening the statewide and nonmetropolitan planning process. 
Sec. 1205. Removal of the congestion management process. 
Sec. 1206. Public involvement in plan development. 
Sec. 1207. Connection to opportunities national goal and potential performance 
measure. 
Sec. 1208. Workforce development. 
Sec. 1209. Measuring transportation connectivity pilot activities. 
Sec. 1210. Performance-based project selection. 
Sec. 1211. Stormwater planning. 
Subtitle D—Congestion Mitigation and Air Quality Improvement 
Sec. 1301. Eligible projects. 
Sec. 1302. Special rules. 
Sec. 1303. Priority consideration. 
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Sec. 3005. Workforce development programs. 
Sec. 3006. General provisions. 
Sec. 3007. Public transportation local hiring. 
Sec. 3008. Public transportation safety program. 
Sec. 3009. Authorizations. 
Sec. 3010. Bus and bus facilities program. 
Sec. 3011. Rapid growth area transit program. 
Sec. 3012. Technical corrections. 
Sec. 3013. Technical corrections of title II, division B, of MAP–21. 
Sec. 3014. Elimination of FTA annual research reporting requirement. 
TITLE IV—HIGHWAY AND MOTOR VEHICLE SAFETY 
Subtitle A—Traffic Safety 
Sec. 4001. Authorization of appropriations. 
Sec. 4002. Highway safety programs. 
Sec. 4003. Amendment to section 405 national priority safety programs trans-
fer authority. 
Sec. 4004. Amendment to motorcyclist safety grant criteria. 
Sec. 4005. Amendment to graduated driver licensing incentive grant criteria. 
Sec. 4006. Amendment to ignition interlock grant criteria. 
Sec. 4007. Amendment to repeat offender and open container criteria. 
Sec. 4008. Amendment to distracted driving grant criteria. 
Sec. 4009. Streamlining of national priority safety programs. 
Sec. 4010. Amendment to highway research and development. 
Subtitle B—Motor Vehicle Safety 
Sec. 4101. Authorization of appropriations. 
Sec. 4102. Recall obligations under bankruptcy. 
Sec. 4103. Prohibition on rendering safety elements inoperative. 
Sec. 4104. Cooperation with foreign governments. 
Sec. 4105. Functional safety process. 
Sec. 4106. Notification of defect or noncompliance and imminent hazard au-
thority. 
Sec. 4107. Amendment to judicial review provisions. 
Sec. 4108. Inspection authority under automobile fuel economy statute. 
Sec. 4109. Recall authority over rental car companies and used car dealers. 
Sec. 4110. Civil penalties. 
Sec. 4111. Technical corrections to the Motor Vehicle and Highway Safety Im-
provement Act of 2012. 
TITLE V—MOTOR CARRIER SAFETY PROGRAM 
Sec. 5001. Amendment of title 49, United States Code. 
Subtitle A—Commercial Motor Vehicle Safety 
Sec. 5101. Commercial motor vehicle defined. 
Sec. 5102. Motor carrier operations affecting interstate commerce. 
Sec. 5103. Bus rentals and definition of employer. 
Sec. 5104. High-risk carrier reviews. 
Sec. 5105. New entrant safety audits. 
Sec. 5106. Imminent hazard actions. 
Sec. 5107. International commerce transported on highways through the 
United States. 
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Subtitle B—Driver Safety Provisions 
Sec. 5201. Commercial driver’s license requirements. 
Sec. 5202. Disqualifications based on non-commercial motor vehicle operations. 
Sec. 5203. Recording of Federal disqualifications on CDLIS. 
Sec. 5204. Failure to pay civil penalty as a disqualifying offense. 
Sec. 5205. Controlled substance violations. 
Subtitle C—Medical and Registration Provisions 
Sec. 5301. Effect of driving on commercial motor vehicle operators. 
Sec. 5302. Jurisdiction over brokers of motor carriers of passengers. 
Sec. 5303. Revocation or suspension of registration. 
Sec. 5304. Revocation of registration for failure to respond to subpoena. 
Sec. 5305. Lapse of required financial security; suspension of registration. 
Subtitle D—Grants and Authorizations 
Sec. 5401. FMCSA financial assistance programs. 
Subtitle E—Miscellaneous 
Sec. 5501. Motor carrier safety advisory committee. 
Sec. 5502. Unified carrier registration plan. 
Sec. 5503. Self-insurance for motor carriers repealed. 
Sec. 5504. Electronic logging device recall authority. 
Sec. 5505. Repeal of motor carrier financial reporting requirement. 
Sec. 5506. Contractors exercising operational control over motor carrier oper-
ations. 
Sec. 5507. Driver compensation. 
Sec. 5508. Civil enforcement authority. 
Sec. 5509. Criminal penalties. 
Sec. 5510. Penalties for violations of out-of-service orders. 
Sec. 5511. Technical corrections. 
Sec. 5512. Audits and compliance investigations of Mexico-domiciled motor car-
riers. 
Sec. 5513. Administrative adjudication of violations of commercial regulations 
and statutes. 
Sec. 5514. Access to national driver register. 
Sec. 5515. Elimination of certain FMCSA reporting requirements. 
TITLE VI—HAZARDOUS MATERIAL TRANSPORTATION SAFETY 
Sec. 6001. Amendment of title 49, United States Code. 
Sec. 6002. Emergency operational controls. 
Sec. 6003. Enhanced registration requirements. 
Sec. 6004. User fees for special permits. 
Sec. 6005. National emergency and disaster response. 
Sec. 6006. Enhanced reporting. 
Sec. 6007. Improving publication of special permits. 
Sec. 6008. Hazard abatement authority. 
Sec. 6009. Inspection of non-domestic entities. 
Sec. 6010. Improving the effectiveness of the HMEP grant program. 
Sec. 6011. Civil penalty. 
Sec. 6012. General duty. 
Sec. 6013. Authorization of appropriations. 
Sec. 6014. Elimination of certain PHMSA reporting requirements. 
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TITLE VII—AMENDMENTS TO THE INTERNAL REVENUE CODE 
Sec. 7001. Amendment of 1986 Code. 
Sec. 7002. Extension of highway-related taxes. 
Sec. 7003. Extension of provisions related to the Sport Fish Restoration and 
Boating Trust Fund. 
Sec. 7004. Transportation Trust Fund. 
Sec. 7005. Effective date. 
TITLE VIII—RESEARCH 
Subtitle A—Funding 
Sec. 8001. Authorization of appropriations. 
Subtitle B—Research, Technology, and Education 
Sec. 8101. National Cooperative Freight Transportation Research Program. 
Sec. 8102. Competitive University Transportation Centers Consortia Program. 
Sec. 8103. Priority Multimodal Research Program. 
Sec. 8104. Bureau of Transportation Statistics. 
Sec. 8105. ITS goals and purposes. 
Sec. 8106. ITS general authorities and requirements. 
Sec. 8107. ITS national architecture and standards. 
Sec. 8108. Vehicle-to-vehicle and vehicle-to-infrastructure communications sys-
tems deployment. 
Sec. 8109. Infrastructure development. 
Sec. 8110. Departmental research programs; conforming amendments. 
Sec. 8111. Office of Intermodalism. 
Sec. 8112. Cooperation with Federal and State agencies and foreign countries. 
TITLE IX—RAIL SAFETY, RELIABILITY, AND EFFICIENCY 
Sec. 9001. Short title; amendment of title 49, United States Code. 
Subtitle A—National High-Performance Rail System 
Sec. 9101. Purpose and objectives. 
Sec. 9102. Grant programs. 
Sec. 9103. Amtrak 5-year business planning. 
Sec. 9104. Clarification of grant conditions. 
Sec. 9105. Research and development. 
Sec. 9106. Miscellaneous revisions. 
Subtitle B—Policy 
Sec. 9201. Regional rail development authorities. 
Sec. 9202. Northeast Corridor Infrastructure and Operations Advisory Com-
mission. 
Sec. 9203. Standardization of passenger equipment and platforms. 
Sec. 9204. Next Generation Equipment Committee. 
Sec. 9206. Rail passenger transportation liability and mandatory coverage. 
Sec. 9207. Shared-use study. 
Sec. 9208. Disadvantaged business enterprises; disparity and availability study. 
Subtitle C—Planning 
Sec. 9301. National and regional rail planning. 
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Sec. 9302. State rail plans. 
Subtitle D—Safety Improvements 
Sec. 9401. Requirement for uniform operating rules. 
Sec. 9402. Positive train control. 
Sec. 9403. Hours of service reform. 
Sec. 9404. Amendments to the safety appliance law. 
Sec. 9405. Amendments to the locomotive inspection law. 
Sec. 9406. Technical amendment to the provision on protection of railroad safe-
ty risk reduction program information. 
Sec. 9407. Noise emission standards. 
Sec. 9408. Technical amendment to chapter 201 general civil penalty provision. 
Sec. 9409. Miscellaneous authorization of appropriations. 
Sec. 9410. Repair and replacement of damaged track inspection equipment. 
Subtitle E—Miscellaneous Revisions and Technical Corrections 
Sec. 9501. Authorization of appropriations. 
Sec. 9502. Technical corrections to the Rail Safety Improvement Act of 2008. 
Sec. 9503. Technical correction to introductory text of Public Law 110–432. 
Sec. 9504. Technical corrections to uncodified provisions of division A of Public 
Law 110–432, the Rail Safety Improvement Act of 2008. 
Sec. 9505. Technical corrections to provisions of the hours of service laws and 
related civil penalty provision. 
Sec. 9506. Elimination of certain FRA reporting requirements. 
TITLE X—MISCELLANEOUS 
Sec. 10001. Consideration of travel and tourism in award of financial assist-
ance. 
Sec. 10002. Electronic reports and report modification. 
Sec. 10003. Amendment of Federal Aid in Sport Fish Restoration Act. 
Sec. 10004. Amendments to chapter 537 of title 46. 
Sec. 10005. Government-wide authority for electric charging infrastructure at 
no cost to the taxpayer. 
TITLE XI—BUDGETARY INTERPRETATIONS AND TREATMENTS 
Sec. 11001. Amounts in this Act. 
Sec. 11002. Direct or mandatory spending. 
Sec. 11003. Treatment for statutory PAYGO and related purposes. 
Sec. 11004. Scoring of changes in contract authority in appropriations Acts. 
Sec. 11005. Scoring of changes in obligation limits in appropriations Acts. 
Sec. 11006. Scoring of transfers between the general fund and the Transpor-
tation Trust Fund. 
Sec. 11007. Special rule. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Transportation. 
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(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 3. EFFECTIVE DATE. 
Except as otherwise provided, this Act, and the 
amendments made by this Act, shall take effect on Octo-
ber 1, 2014. 
TITLE I—TRANSPORTATION 
INFRASTRUCTURE INITIATIVES 
Subtitle A—Increasing Efficiency 
in Project Delivery 
SEC. 1001. IMPROVING STATE AND FEDERAL AGENCY EN-
GAGEMENT IN ENVIRONMENTAL REVIEWS. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by inserting after section 306 the following: 
‘‘SEC. 307. IMPROVING STATE AND FEDERAL AGENCY EN-
GAGEMENT IN ENVIRONMENTAL REVIEWS. 
‘‘(a) IN GENERAL.—A public entity receiving finan-
cial assistance from the Department of Transportation for 
one or more projects or for a program of projects, may 
request that the Secretary allow the public entity to pro-
vide funds to Federal agencies, including the Department 
of Transportation, State agencies, and Indian tribes par-
ticipating in the environmental planning and review proc-
ess for the project, projects, or program. The funds may 
be provided only to support activities that directly and 
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meaningfully contribute to expediting and improving per-
mitting and review processes, including planning, approval 
and consultation processes for the project, projects, or pro-
gram. 
‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activi-
ties for which funds may be provided under subsection (a) 
include transportation planning activities that precede the 
initiation of the environmental review process, activities 
directly related to the environmental review process, dedi-
cated staffing, training of agency personnel, information 
gathering and mapping, and development of programmatic 
agreements. 
‘‘(c) AMOUNTS.—Requests under subsection (a) may 
be approved only for the additional amounts that the Sec-
retary determines are necessary for the Federal agencies, 
State agencies, or Indian tribes participating in the envi-
ronmental review process to timely conduct their review. 
‘‘(d) AGREEMENTS.—Prior to providing funds ap-
proved by the Secretary for dedicated staffing at an af-
fected Federal agency under subsection (a), the affected 
Federal agency and the requesting public entity shall enter 
into an agreement that establishes a process to identify 
projects or priorities to be addressed by the use of the 
funds. 
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‘‘(e) EXISTING AUTHORITY.—Nothing in this section 
shall be construed as conflicting with the provisions of sec-
tion 139(j) of title 23.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 3 of title 49, United States Code, is amended by 
inserting after the item relating to section 306 the fol-
lowing: 
‘‘307. Improving State and Federal agency engagement in environmental re-
views’’. 
SEC. 1002. ENVIRONMENTAL REVIEW ALIGNMENT AND RE-
FORM. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by inserting after section 309 the following: 
‘‘SEC. 310. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS. 
‘‘(a) COORDINATED
AND CONCURRENT ENVIRON-
MENTAL REVIEWS.—Within one year of the date of enact-
ment of GROW AMERICA Act, the Department of Trans-
portation, in coordination with the Steering Committee, 
shall develop a coordinated and concurrent environmental 
review and permitting process for transportation projects 
when initiating an environmental impact statement under 
the National Environmental Policy Act (42 U.S.C. 4321 
et seq.) (referred to as ‘NEPA’ in this section). This co-
ordinated and concurrent environmental review and per-
mitting process shall— 
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‘‘(1) ensure that the Department of Transpor-
tation and agencies of jurisdiction possess sufficient 
information early in the review process to determine 
a statement of a transportation project’s purpose 
and need and range of alternatives for analysis that 
the lead agency and agencies of jurisdiction will rely 
upon for concurrent environmental reviews and per-
mitting decisions required for the proposed project; 
‘‘(2) achieve early concurrence or issue resolu-
tion during the NEPA scoping process on the De-
partment of Transportation’s statement of a 
project’s purpose and need and during development 
of the environmental impact statement on the range 
of alternatives for analysis that the lead agency and 
agencies of jurisdiction will rely upon for concurrent 
environmental reviews and permitting decisions re-
quired for the proposed project absent circumstances 
that require reconsideration in order to meet an 
agency of jurisdiction’s obligations under statute or 
Executive order; and 
‘‘(3) achieve concurrence or issue resolution in 
an expedited manner if circumstances arise that re-
quire a reconsideration of the purpose and need or 
range of alternatives considered during any Federal 
agency’s environmental or permitting review in order 
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to meet an agency of jurisdiction’s obligations under 
statute or Executive order. 
‘‘(b) ENVIRONMENTAL CHECKLIST.—The Secretary 
and Federal Agencies of jurisdiction likely to have sub-
stantive review or approval responsibilities on transpor-
tation projects shall, within 90 days of the date of enact-
ment of GROW AMERICA Act, jointly develop a checklist 
to help project sponsors identify potential natural, cul-
tural, and historic resources in the area of a proposed 
project. The purpose of the checklist is to— 
‘‘(1) identify agencies of jurisdiction and co-
operating agencies, 
‘‘(2) develop the information needed for the 
purpose and need and alternatives for analysis; and 
‘‘(3) improve interagency collaboration to help 
expedite the permitting process for the lead agency 
and agencies of jurisdiction. 
‘‘(c) INTERAGENCY
COLLABORATION.—Consistent 
with Federal environmental statutes and the priority re-
form actions for Federal agency permitting and reviews 
defined and identified by the Steering Committee de-
scribed in section 1009, the Secretary shall facilitate an-
nual interagency collaboration sessions at the appropriate 
jurisdictional level to coordinate business plans and facili-
tate coordination of workload planning and workforce 
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management. This engagement shall also ensure agency 
staff is fully engaged and utilizing the flexibility of existing 
regulations, policies, and guidance and identifying addi-
tional actions to facilitate high quality, efficient, and tar-
geted environmental reviews and permitting decisions. 
These sessions and the interagency collaborations they 
generate shall also focus on how to work with State and 
local transportation entities to improve project planning, 
siting, and application quality and how to consult and co-
ordinate with relevant stakeholders and Federal, Tribal, 
State, and local representatives early in permitting proc-
esses. 
‘‘(d) PERFORMANCE MEASUREMENT.—Within one 
year of the date of enactment of GROW AMERICA Act, 
the Department of Transportation, in coordination with 
the Steering Committee, shall establish a program to 
measure and report on progress towards aligning Federal 
reviews as outlined in this section.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
subchapter I of chapter 3 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘310. Aligning Federal environmental reviews’’. 
SEC. 1003. IMPROVING COLLABORATION FOR ACCELER-
ATED DECISIONMAKING. 
Section 139(h) of title 23, United States Code, is 
amended— 
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(1) in paragraph (5)(A)(ii)(I), by inserting ‘‘, 
including modifications to the project schedule’’ 
after ‘‘review process’’; and 
(2) in paragraph (6)(B), by striking clause (ii) 
and inserting the following: 
‘‘(ii) DESCRIPTION
OF
DATE.—The 
date referred to in clause (i) is one of the 
following: 
‘‘(I) The date that is 30 days 
after the date for rendering a decision 
as set in the project schedule created 
pursuant to paragraph (g)(1)(B) of 
this section. 
‘‘(II) If no schedule exists, the 
later of— 
‘‘(aa) the date that is 180 
days after the date on which an 
application for the permit, license 
or approval is complete; or 
‘‘(bb) the date that is 180 
days after the date on which the 
Federal lead agency issues a de-
cision on the project under the 
National Environmental Policy 
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Act of 1969 (42 U.S.C. 4321 et 
seq.). 
‘‘(III) A modified date consistent 
with subsection (g)(1)(D) of this sec-
tion.’’. 
SEC. 1004. UNREASONABLE OBSTRUCTION OF NAVIGATION 
DETERMINATION. 
(a) BRIDGE ACT OF 1906.—Section 4 of the Bridge 
Act of 1906 (33 U.S.C. 494) is amended— 
(1) by designating the existing text as sub-
section (a); and 
(2) by inserting at the end the following: 
‘‘(b) When determining whether a bridge unreason-
ably obstructs the free navigation of the waters over which 
it is constructed, the Secretary shall, for projects that are 
funded under title 23 or title 49, United States Code, con-
sider— 
‘‘(1) the necessities of rail, aviation, transit, 
and highway traffic; and 
‘‘(2) construction, maintenance, and operation 
costs of the proposed bridge.’’. 
(b) GENERAL BRIDGE ACT OF 1946.—Section 502 
of the General Bridge Act of 1946 (33 U.S.C. 525) is 
amended by inserting at the end the following: 
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‘‘(d) UNREASONABLE OBSTRUCTION OF NAVIGATION 
DETERMINATION.—When determining whether a bridge 
unreasonably obstructs the free navigation of the waters 
over which it is constructed, the Secretary shall, for 
projects that are funded under title 23 or title 49, United 
States Code, consider— 
‘‘(1) the necessities of rail, aviation, transit, 
and highway traffic; and 
‘‘(2) construction, maintenance, and operation 
costs of the proposed bridge.’’. 
SEC. 1005. SATISFACTION OF REQUIREMENTS FOR CER-
TAIN HISTORIC SITES. 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, 
United States Code, is amended by adding at the end the 
following: 
‘‘(c) SATISFACTION OF REQUIREMENTS FOR CER-
TAIN HISTORIC SITES.— 
‘‘(1) IN GENERAL.—The Secretary shall seek to 
align the requirements of this section with the re-
quirements of the National Environmental Policy 
Act (42 U.S.C. 4231 et seq.) (NEPA), section 106 
of the National Historic Preservation Act (16 U.S.C. 
470f) (referred to as section 106 in this section), 
and their implementing regulations and will coordi-
nate with the Department of the Interior and the 
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Advisory Council on Historic Preservation to estab-
lish procedures that will satisfy the requirements of 
both within 90 days of enactment of GROW AMER-
ICA Act. 
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.—If, 
in an analysis required under NEPA the Secretary 
determines that there is no feasible or prudent alter-
native to avoid a use of an historic site, the Sec-
retary may include the Secretary’s determination in 
the NEPA analysis and notify the applicable State 
historic preservation officer, tribal historic preserva-
tion officer, the Advisory Council on Historic Preser-
vation (if the Council is participating in the section 
106 consultation process), and the Secretary of the 
Interior of such findings and request concurrence 
that such determination is sufficient to satisfy 
(a)(1). If the applicable preservation officer, the 
Council, and the Secretary of the Interior concur, no 
further analysis under (a)(1) shall be required. The 
Secretary’s Record of Decision or Finding of No 
Significant Impact shall include such a finding, as 
well as documentation of the concurrence of the ap-
plicable preservation officer, the Council, and the 
Secretary of the Interior. A notice of intent from the 
Secretary of such a finding, as well as notice of the 
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concurrence of the applicable preservation officer, 
the Council, and the Secretary of the Interior will be 
posted on an appropriate Federal website within 3 
days of their occurrence. 
‘‘(3) ALIGNING HISTORICAL REVIEWS.—If the 
Secretary, the applicable preservation officer, the 
Council, and the Secretary of the Interior concur 
that no feasible and prudent alternative exists as de-
scribed in (2), the Secretary may then notify the ap-
plicable preservation officer, the Secretary of the In-
terior, and the Advisory Council on Historic Preser-
vation of the Department’s intent to satisfy the con-
ditions of (a)(2) through the consultation require-
ments of section 106. The applicable preservation of-
ficer, the Council, and the Secretary of the Interior 
must concur in the treatment of the historic site 
agreed upon in the Memorandum of Agreement or 
Programmatic Agreement developed in accordance 
with section 106 in order to satisfy the conditions of 
(a)(2).’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, 
United States Code, is amended— 
(1) in subsection (c), by striking ‘‘subsection 
(d)’’ and inserting ‘‘subsections (d) and (e)’’; and 
(2) by inserting at the end the following: 
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‘‘(e) SATISFACTION OF REQUIREMENTS FOR CER-
TAIN HISTORIC SITES.— 
‘‘(1) IN GENERAL.—The Secretary shall seek to 
align the requirements of this section with the re-
quirements of the National Environmental Policy 
Act (42 U.S.C. 4231 et seq.) (NEPA), section 106 
of the National Historic Preservation Act (16 U.S.C. 
470f) (referred to as section 106 in this section), 
and their implementing regulations and will coordi-
nate with the Department of the Interior and the 
Advisory Council on Historic Preservation to estab-
lish procedures that will satisfy the requirements of 
both within 90 days of enactment of GROW AMER-
ICA Act. 
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.—If, 
in an analysis required under NEPA the Secretary 
determines that there is no feasible or prudent alter-
native to avoid a use of an historic site, the Sec-
retary may include the Secretary’s determination in 
the NEPA analysis and notify the applicable State 
historic preservation officer, tribal historic preserva-
tion officer, the Advisory Council on Historic Preser-
vation (if the Council is participating in the section 
106 consultation process), and the Secretary of the 
Interior of such findings and request concurrence 
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that such determination is sufficient to satisfy 
(a)(1). If the applicable preservation officer, the 
Council, and the Secretary of the Interior concur, no 
further analysis under (a)(1) shall be required. The 
Secretary’s Record of Decision or Finding of No 
Significant Impact shall include such a finding, as 
well as documentation of the concurrence of the ap-
plicable preservation officer, the Council, and the 
Secretary of the Interior. A notice of intent from the 
Secretary of such a finding, as well as notice of the 
concurrence of the applicable preservation officer, 
the Council, and the Secretary of the Interior will be 
posted on an appropriate Federal website within 3 
days of their occurrence. 
‘‘(3) ALIGNING HISTORICAL REVIEWS.—If the 
Secretary, the applicable preservation officer, the 
Council, and the Secretary of the Interior concur 
that no feasible and prudent alternative exists as de-
scribed in (2), the Secretary may then notify the ap-
plicable preservation officer, the Secretary of the In-
terior, and the Advisory Council on Historic Preser-
vation of the Department’s intent to satisfy the con-
ditions of (a)(2) through the consultation require-
ments of section 106. The applicable preservation of-
ficer, the Council, and the Secretary of the Interior 
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must concur in the treatment of the historic site 
agreed upon in the Memorandum of Agreement or 
Programmatic Agreement developed in accordance 
with section 106 in order to satisfy the conditions of 
(a)(2).’’. 
SEC. 1006. RAIL AND TRANSIT EXEMPTION FROM CONSID-
ERATION UNDER SECTION 4(f). 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, 
United States Code, as amended by this Act, is further 
amended by inserting the following after subsection (c): 
‘‘(d) RAIL AND TRANSIT.—Improvements to, or the 
maintenance, rehabilitation, or operation of railroad or rail 
transit lines or elements thereof, with the exception of sta-
tions, that are in-use or were historically used for trans-
portation of goods or passengers, shall not be considered 
a use of an historic site under subsection (a), regardless 
of whether the railroad or rail transit line or element 
thereof is listed on, or eligible for listing on, the National 
Register of Historic Places.’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, 
United States Code, as amended by this Act, is further 
amended— 
(1) in subsection (c), by striking ‘‘subsections 
(d) and (e)’’ and inserting ‘‘subsections (d), (e) and 
(f)’’; and 
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(2) by inserting the following after subsection 
(e): 
‘‘(f) RAIL AND TRANSIT.—Improvements to, or the 
maintenance, rehabilitation, or operation of railroad or rail 
transit lines or elements thereof, with the exception of sta-
tions, that are in-use or were historically used for trans-
portation of goods or passengers, shall not be considered 
a use of an historic site under subsection (c), regardless 
of whether the railroad or rail transit line or element 
thereof is listed on, or eligible for listing on, the National 
Register of Historic Places.’’. 
SEC. 1007. MULTIMODAL CATEGORICAL EXCLUSIONS. 
Section 304 of title 49, United States Code, is 
amended as follows: 
(1) Subsection (a)(1) is amended— 
(A) by striking ‘‘operating authority’’ and 
inserting ‘‘operating administration or secre-
tarial office’’; 
(B) by inserting ‘‘has expertise but’’ before 
‘‘is not the lead’’; and 
(C) by inserting ‘‘proposed multimodal’’ 
before ‘‘project’’. 
(2) Subsection (a)(2) is amended to read as fol-
lows: 
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‘‘(2) LEAD
AUTHORITY.—The term ‘lead au-
thority’ means a Department of Transportation op-
erating administration or secretarial office that has 
the lead responsibility for a proposed multimodal 
project.’’. 
(3) Subsection (a)(3) is amended by striking 
‘‘has the meaning given the term in section 139(a) 
of title 23’’ and inserting ‘‘means an action by the 
Department of Transportation that involves exper-
tise of one or more Department of Transportation 
operating administrations or secretarial offices’’. 
(4) Subsection (b) is amended by striking 
‘‘under this title’’ and inserting ‘‘by the Secretary’’. 
(5) Subsection (c) is amended— 
(A) by striking ‘‘a categorical exclusion 
designated under the implementing regulations 
or’’ and inserting ‘‘categorical exclusions des-
ignated under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321, et seq.) im-
plementing’’; 
(B) by striking ‘‘other components of the’’ 
and inserting ‘‘a proposed multimodal’’; 
(C) by amending paragraphs (1) and (2) 
to read as follows: 
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‘‘(1) the lead authority makes a preliminary de-
termination on the applicability of a categorical ex-
clusion to a proposed multimodal project and notifies 
the cooperating authority of its intent to apply the 
cooperating authority categorical exclusion; 
‘‘(2) the cooperating authority does not object 
to the lead authority’s preliminary determination of 
its applicability;’’; 
(D) by amending paragraph (3) by insert-
ing ‘‘the lead authority determines that’’ at the 
beginning, and ‘‘ proposed multimodal’’ before 
‘‘project to be covered’’; and 
(E) by amending paragraph (4) to read as 
follows: 
‘‘(4) the lead authority, with the concurrence of 
the cooperating authority— 
‘‘(A) follows implementing regulations or 
procedures under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(B) 
determines 
that 
the 
proposed 
multimodal project does not individually or cu-
mulatively have a significant impact on the en-
vironment; and 
‘‘(C) determines that extraordinary cir-
cumstances do not exist that merit additional 
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analysis and documentation in an environ-
mental impact statement or environmental as-
sessment required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).’’. 
(7) Subsection (d) is amended to read as fol-
lows: 
‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A co-
operating authority shall provide expertise to the lead au-
thority on aspects of the multimodal project in which the 
cooperating authority has expertise.’’. 
SEC. 
1008. 
IMPROVING 
TRANSPARENCY 
IN 
ENVIRON-
MENTAL REVIEWS. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by inserting after section 310, as added by this 
Act, the following: 
‘‘SEC. 
311. 
IMPROVING 
TRANSPARENCY 
IN 
ENVIRON-
MENTAL REVIEWS. 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of GROW AMERICA Act, the Sec-
retary shall establish an online platform and, in coordina-
tion with agencies described in subsection (b), issue re-
porting standards to make publically available the status 
and progress with respect to compliance with applicable 
requirements under the National Environmental Policy 
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Act of 1969 (42 U.S. C. 4321 et seq.) and any other Fed-
eral approval required under applicable laws for projects 
and activities requiring an environmental assessment or 
an environmental impact statement. 
‘‘(b) FEDERAL AGENCY PARTICIPATION.—A Federal 
agency of jurisdiction over an approval required for a 
project under applicable laws shall provide information re-
garding the status and progress of the approval to the on-
line platform, consistent with the standards established 
under subsection (a). 
‘‘(c) ASSIGNMENT OF RESPONSIBILITIES.—An entity 
with assigned authority for responsibilities under the Na-
tional Environmental Policy Act of 1969 (42 U.S. C. 4321 
et seq.), pursuant to section 326 or 327 of title 23, United 
States Code, shall be responsible for supplying project de-
velopment and compliance status for all applicable 
projects.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 3 of title 49, United States Code, is amended by 
inserting after the item relating to section 310, as added 
by this Act, the following: 
‘‘311. Improving transparency in environmental reviews’’. 
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SEC. 1009. INFRASTRUCTURE PERMITTING IMPROVEMENT 
CENTER. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by inserting after section 311, as added by this 
Act, the following: 
‘‘SEC. 312. INTERAGENCY INFRASTRUCTURE PERMITTING 
IMPROVEMENT CENTER. 
‘‘(a) IN GENERAL.—There is established in the Office 
of the Secretary an Interagency Infrastructure Permitting 
Improvement Center (referred to in this section as the 
‘Center’). 
‘‘(b) ROLES AND RESPONSIBILITIES.— 
‘‘(1) GOVERNANCE.—The Center shall report to 
the chair of the Steering Committee described in 
paragraph (2) to ensure that the perspectives of all 
member agencies are represented. 
‘‘(2) INFRASTRUCTURE PERMITTING STEERING 
COMMITTEE.—An Infrastructure Permitting Steer-
ing Committee is established to oversee the work of 
the Center. The Steering Committee shall be chaired 
by the Federal Chief Performance Officer in con-
sultation with the Chair of the Council on Environ-
mental Quality and shall be comprised of Deputy- 
level representatives from the following agencies: 
‘‘(A) The Department of Defense. 
‘‘(B) The Department of the Interior. 
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‘‘(C) The Department of Agriculture. 
‘‘(D) The Department of Commerce. 
‘‘(E) The Department of Transportation. 
‘‘(F) The Department of Energy. 
‘‘(G) The Department of Homeland Secu-
rity. 
‘‘(H) The Environmental Protection Agen-
cy. 
‘‘(I) The Advisory Council on Historic 
Preservation. 
‘‘(J) The Department of the Army. 
‘‘(K) The Department of Housing and 
Urban Development. 
‘‘(L) Other agencies the Chair invites to 
participate. 
‘‘(3) ACTIVITIES.—The Center shall support the 
Chair of the Steering Committee described in para-
graph (2) and undertake the following: 
‘‘(A) Coordinate and support implementa-
tion of priority reform actions for Federal agen-
cy permitting and reviews for areas as defined 
and identified by the Steering Committee de-
scribed in paragraph (2). 
‘‘(B) Support modernization efforts at 
agencies and interagency pilots for innovative 
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approaches to the permitting and review of in-
frastructure projects. 
‘‘(C) Provide technical assistance and 
training to field and headquarters staff of Fed-
eral agencies on policy changes, innovative ap-
proaches to project delivery and other topics as 
appropriate. 
‘‘(D) Identify, develop and track metrics 
for timeliness of permit reviews, permit deci-
sions, and project outcomes. 
‘‘(E) Administer and expand the use of on-
line transparency tools providing for— 
‘‘(i) tracking and reporting of metrics; 
‘‘(ii) development and posting of 
schedules for permit reviews and permit 
decisions; and 
‘‘(iii) sharing of best practices related 
to efficient project permitting and reviews. 
‘‘(F) Provide reporting to the President on 
progress towards achieving greater efficiency in 
permitting decisions and review of infrastruc-
ture projects and progress towards achieving 
better outcomes for communities and the envi-
ronment. 
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‘‘(4) INFRASTRUCTURE
SECTORS
COVERED.— 
The Center shall support process improvements in 
the permitting and review of projects in the fol-
lowing sectors: 
‘‘(A) Surface transportation. 
‘‘(B) Aviation. 
‘‘(C) Ports and waterways. 
‘‘(D) Water resource projects. 
‘‘(E) Renewable energy generation. 
‘‘(F) Electricity transmission. 
‘‘(G) Broadband. 
‘‘(H) Pipelines. 
‘‘(I) Other sectors, as determined by the 
Steering Committee described in subparagraph 
(2).’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 3 of title 49, United States Code, is amended by 
inserting after the item relating to section 312, as added 
by this Act, the following: 
‘‘312. Interagency Infrastructure Permitting Improvement Center.’’. 
SEC. 1010. CLARIFICATION OF TRANSPORTATION ENVIRON-
MENTAL AUTHORITIES. 
(a) TITLE 49 REFERENCE TO SECTION 4(f).—Sec-
tion 303 of title 49, United States Code, as amended by 
section 1012 of this Act, is further amended by inserting 
at the end the following: 
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‘‘(h) SECTION 4(f).—This section may be referred to 
as ‘section 4(f)’ or ‘section 4(f) of title 49, United States 
Code’.’’. 
(b) TITLE 23 REFERENCE TO SECTION 4(f).—Sec-
tion 138 of title 23, United States Code, as amended by 
this Act, is further amended by adding at the end the fol-
lowing: 
‘‘(f) SECTION 4(f).—This section may be referred to 
as ‘section 4(f)’ or ″section 4(f) of title 23, United States 
Code.’’. 
(c) RELOCATION AND CLARIFICATION OF SECTION 
1319 OF MAP–21.— 
(1) REPEAL.—Section 1319 of the Moving 
Ahead for Progress in the 21st Century Act (Public 
Law 112–141, 126 Stat. 551; 42 U.S.C. 4332a) is 
repealed. 
(2) ACCELERATED DECISIONMAKING IN ENVI-
RONMENTAL
REVIEWS.—Chapter 3 of title 49, 
United States Code, is amended by inserting after 
section 304 the following: 
‘‘SEC. 304a. ACCELERATED DECISIONMAKING IN ENVIRON-
MENTAL REVIEWS. 
‘‘(a) IN GENERAL.—In preparing a final environ-
mental impact statement under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if 
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the Department of Transportation, when acting as lead 
agency, modifies the statement in response to comments 
that are minor and are confined to factual corrections or 
explanations of why the comments do not warrant addi-
tional Departmental response, the Department may write 
on errata sheets attached to the statement instead of re-
writing the draft statement, subject to the condition that 
the errata sheets— 
‘‘(1) cite the sources, authorities, or reasons 
that support the position of the Department; and 
‘‘(2) if appropriate, indicate the circumstances 
that would trigger Departmental reappraisal or fur-
ther response. 
‘‘(b) INCORPORATION.—To the maximum extent 
practicable, the Department shall expeditiously develop a 
single document that consists of a final environmental im-
pact statement and a record of decision, unless— 
‘‘(1) the final environmental impact statement 
makes substantial changes to the proposed action 
that are relevant to environmental or safety con-
cerns; or 
‘‘(2) there are significant new circumstances or 
information relevant to environmental concerns and 
that bear on the proposed action or the impacts of 
the proposed action.’’. 
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(d) CONFORMING AMENDMENT.—The analysis of 
chapter 3 of title 49, United States Code, is amended by 
inserting the following after the item relating to section 
304: 
‘‘304a. Accelerated decisionmaking in environmental reviews.’’. 
(e) EFFECTIVE DATE.—The repeal and amendments 
made by this section are effective on the date of enactment 
of the Moving Ahead for Progress in the 21st Century Act. 
SEC. 1011. ADVANCE ACQUISITION. 
(a) ADVANCE ACQUISITION.—Chapter 241 of title 
49, United States Code, is amended by inserting the fol-
lowing after section 24105: 
‘‘SEC. 24106. ADVANCE ACQUISITION. 
‘‘(a) RAIL CORRIDOR PRESERVATION.—The Sec-
retary may assist a recipient of funding in acquiring right- 
of-way and adjacent real property interests before or dur-
ing the completion of the environmental reviews for any 
project receiving funding under subtitle V of title 49, 
United States Code, that may use such property interests 
if the acquisition is otherwise permitted under Federal 
law, and the recipient requesting Federal funding for the 
acquisition certifies, with the concurrence of the Secretary, 
that— 
‘‘(1) the recipient has authority to acquire the 
real property interest; 
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‘‘(2) the acquisition of the real property inter-
est— 
‘‘(A) is for a transportation purpose; 
‘‘(B) will not cause significant adverse en-
vironmental impact; 
‘‘(C) will not limit the choice of reasonable 
alternatives for the proposed project or other-
wise influence the decision of the Secretary on 
any approval required for the project; 
‘‘(D) does not prevent the lead agency 
from making an impartial decision as to wheth-
er to accept an alternative that is being consid-
ered; 
‘‘(E) complies with other applicable Fed-
eral laws and regulations; 
‘‘(F) will be acquired through negotiation, 
without threat of condemnation; and 
‘‘(G) will not result in elimination or re-
duction of benefits or assistance to a displaced 
person required by the Uniform Relocation As-
sistance and Real Property Acquisition Policies 
Act of 1970 (42 U.S.C. 4601 et seq.) and title 
VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.). 
‘‘(b) ENVIRONMENTAL REVIEWS.— 
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‘‘(1) COMPLETION OF NEPA REVIEW.—Before 
authorizing Federal funding for an acquisition of a 
real property interest, the Secretary shall complete 
the review process under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
with respect to the acquisition. 
‘‘(2) COMPLETION OF SECTION 106.—An acqui-
sition of a real property interest involving an historic 
site shall not occur unless the section 106 process 
under the National Historic Preservation Act (16 
U.S.C. 470f) (as described in 77 Fed. Reg. 68790) 
is complete. 
‘‘(3) TIMING OF ACQUISITION.—A real property 
interest acquired under subsection (a) may not be 
developed in anticipation of the proposed project 
until all required environmental reviews for the 
project have been completed.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 241 of title 49, United States Code, is amended 
by inserting the following after the item relating to section 
24105: 
‘‘24106. Advance acquisition.’’. 
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SEC. 1012. BRIDGE EXEMPTION FROM CONSIDERATION 
UNDER SECTION 4(f). 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, 
United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(e) BRIDGE EXEMPTION FROM CONSIDERATION 
UNDER SECTION 4(f).—A common post-1945 concrete or 
steel bridge or culvert that is exempt from individual re-
view under section 106 of the National Historic Preserva-
tion Act (16 U.S.C. 470f) (as described in 77 Fed. Reg. 
68790) shall also be exempt from consideration under this 
section.’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, 
United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(g) BRIDGE EXEMPTION FROM CONSIDERATION 
UNDER SECTION 4(f).—A common post-1945 concrete or 
steel bridge or culvert that is exempt from individual re-
view under section 106 of the National Historic Preserva-
tion Act (16 U.S.C. 470f) (as described in 77 Fed. Reg. 
68790) shall also be exempt from consideration under this 
section.’’. 
Subtitle B—Freight Policy and 
Financing 
SEC. 1101. MULTIMODAL FREIGHT INVESTMENT PROGRAM. 
(a) MULTIMODAL FREIGHT INCENTIVE PROGRAM.— 
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(1) ESTABLISHMENT.—Title 49, United States 
Code, is amended by adding after Chapter 53 the 
following: 
‘‘CHAPTER 54—FREIGHT 
‘‘§ 5401. Multimodal freight incentive program 
‘‘(a) IN GENERAL.—Subject to the requirements of 
this section, the Secretary shall— 
‘‘(1) establish a program to make grants to 
States to improve the efficiency and reliability of 
freight movement in the United States; 
‘‘(2) under subsection (c), calculate the max-
imum amount of funding that the Secretary may al-
locate to a State under this section for a fiscal year; 
and 
‘‘(3) under subsection (e), allocate to a State 
one or more grants for which the State qualifies in 
such fiscal year, based on the criteria specified in 
such subsection. 
‘‘(b) DEFINITION.—In this section, the term ‘State’ 
means any of the 50 States, the District of Columbia, or 
Puerto Rico. 
‘‘(c) CALCULATION.— 
‘‘(1) ANNUAL
AMOUNT.—The Secretary shall 
calculate the amount of funding available to be allo-
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cated to a State under this section for a fiscal year 
as follows— 
‘‘(A) the amount made available to provide 
multimodal freight incentive grants under this 
section for such fiscal year; multiplied by 
‘‘(B) the overall ratio specified in para-
graph (3). 
‘‘(2) FLOOR AMOUNT.—Under the calculations 
in paragraph (1), a State’s amount for a fiscal year 
shall not be less than 0.5 percent of the amount 
made available to provide multimodal freight incen-
tive grants under this section for such fiscal year. 
‘‘(3) RATIO.—Subject to paragraph (2), the 
Secretary shall determine the overall ratio referenced 
in paragraph (1)(B) based on the following ratios: 
‘‘(A) 6.25 percent in the ratio that— 
‘‘(i) the number of ports in each 
State; bears to 
‘‘(ii) the number of ports in all States. 
‘‘(B) 6.25 percent in the ratio that— 
‘‘(i) the number of rail track-miles 
used for the movement of freight in each 
State; bears to 
‘‘(ii) the number of such rail track- 
miles in all States. 
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‘‘(C) 6.25 percent in the ratio that— 
‘‘(i) the number of cargo-handling air-
ports in each State; bears to 
‘‘(ii) the number of such airports in 
all States. 
‘‘(D) 6.25 percent in the ratio that— 
‘‘(i) the number of Interstate system 
miles in each State; bears to 
‘‘(ii) the number of Interstate system 
miles in all States. 
‘‘(E) 37.5 percent in the ratio that— 
‘‘(i) the tonnage of rail, waterborne, 
highway, airport and pipeline freight 
moved in each State; bears to 
‘‘(ii) the tonnage of such freight 
moved in all States. 
‘‘(F) 37.5 percent in the ratio that— 
‘‘(i) the value of rail, waterborne, 
highway, airport and pipeline freight 
moved in each State; bears to 
‘‘(ii) the value of such freight moved 
in all States. 
‘‘(d) ELIGIBILITY.—A State shall use a grant under 
this section for— 
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‘‘(1) the development of corridor freight plans 
or regional freight plans; or 
‘‘(2) one or more phases of capital projects, 
equipment or operational improvements on roads, 
rails, landside infrastructure on ports and airports, 
and intermodal connectors included in a State 
freight plan under section 5404 of this title for 
projects that— 
‘‘(A) maintain or improve the efficiency 
and reliability of freight supply chains; 
‘‘(B) demonstrate public freight benefits; 
‘‘(C) improve modal components of a 
multimodal corridor that is critical to a State or 
region; 
‘‘(D) address freight needs to facilitate a 
regionally or nationally significant economic de-
velopment issue; 
‘‘(E) are multimodal, multi-jurisdictional, 
or corridor-based and address freight needs; 
‘‘(F) relieve freight or non-freight access, 
congestion, or safety issues; or 
‘‘(G) address first and last mile connec-
tors. 
‘‘(e) GRANTS.— 
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‘‘(1) IN GENERAL.—If during a fiscal year a 
State meets the eligibility criteria specified in para-
graph (2) or (3) the Secretary shall allocate to the 
State in such fiscal year a grant under such para-
graph. The determination of whether a State meets 
such eligibility criteria shall be made by the Sec-
retary. 
‘‘(2) TIER I INCENTIVE GRANT.— 
‘‘(A) ALLOCATIONS OF FUNDING.—Subject 
to paragraph (4), if a State meets the eligibility 
criteria specified in subparagraph (B) during a 
fiscal year, the Secretary shall allocate to the 
State in such fiscal year 40 percent of the 
amount of the funds available to be allocated to 
the State in such fiscal year. 
‘‘(B) ELIGIBILITY
CRITERIA.—The Sec-
retary may allocate funding to a State under 
this paragraph in a fiscal year if the State— 
‘‘(i) has an established freight advi-
sory committee in accordance with section 
5403 of this title; 
‘‘(ii) has an approved freight plan in 
accordance with section 5404 of this title; 
‘‘(iii) has conducted a statewide anal-
ysis of freight needs and bottlenecks on all 
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modes of transportation, including inter-
modal and last mile needs; 
‘‘(iv) demonstrates use of the state-
wide 
analysis 
of 
freight 
needs 
in 
prioritizing projects in the freight plan re-
quired by section 5404 of this title; and 
‘‘(v) demonstrates that it will use the 
funding that it is allocated under this 
paragraph for the highest priority projects 
that are identified in the freight plan re-
quired by section 5404 of this title and are 
ready to be advanced. 
‘‘(3) TIER II INCENTIVE GRANT.— 
‘‘(A) ALLOCATIONS OF FUNDING.—Subject 
to paragraph (4), if a State meets the eligibility 
criteria specified in subparagraph (B) during a 
fiscal year, the Secretary shall allocate to the 
State in such fiscal year 60 percent of the 
amount of the funds available to be allocated to 
the State in such fiscal year. 
‘‘(B) ELIGIBILITY
CRITERIA.—The Sec-
retary may allocate funding to a State under 
this paragraph in a fiscal year if the State— 
‘‘(i) has met the eligibility criteria 
specified in paragraph (2)(B); 
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‘‘(ii) has conducted, in cooperation 
with at least one other State, a multistate 
analysis of freight needs and bottlenecks 
on all modes of transportation, including 
intermodal and last mile needs along a 
multistate freight corridor; 
‘‘(iii) has developed, in cooperation 
with at least one other State or relevant 
entities in Canada or Mexico, a regional 
freight investment plan that focuses on the 
end-to-end investment needs of critical 
multistate freight corridors based on the 
multistate analysis of freight needs and 
bottlenecks on all modes of transportation, 
including intermodal and last mile needs; 
and 
‘‘(iv) demonstrates that it will use the 
funding that it is allocated under this 
paragraph for the highest priority projects 
identified in the regional freight plan. 
‘‘(4) TIER I AND II ANALYSES AND PLANS.— 
‘‘(A) APPROVAL.—A State shall dem-
onstrate that it developed the analyses and 
plans required under paragraphs (2) and (3) 
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with the approval of a State Freight Advisory 
Committee. 
‘‘(B) CERTIFICATION.—The determination 
of whether the analyses and plans required to 
qualify under paragraphs (2) and (3) satisfy 
the requirements of the paragraphs shall be at 
the discretion of the Secretary. 
‘‘(C) FORECAST PERIOD.—All analyses and 
plans required under paragraph (3) shall ad-
dress a 10-year and 20-year forecast period. 
‘‘(D) UPDATES.—In order to obligate 
funding under paragraphs (2) and (3), a State 
shall update all analyses and plans required 
under such paragraph at least every 5 years. 
‘‘(f) TRANSFER AUTHORITY.— 
‘‘(1) ADMINISTRATION OF PROJECTS.—For the 
purpose of administering a grant under this sub-
section, funds authorized for this section may be 
transferred within the Department and administered 
in accordance with the requirements of title 23 or 49 
of the United States Code applicable to the agency 
to which the funds are transferred and any other re-
quirements applicable to the project. 
‘‘(2) TRANSFER TO OTHER PROGRAMS.—Funds 
authorized for this section may not be transferred to 
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any other program under titles 23 or 49, United 
States Code. 
‘‘(g) FEDERAL
SHARE.—The Federal share for 
projects funded under this section shall not exceed 80 per-
cent. Funds authorized for this section may not be applied 
towards the non-Federal share of costs under another 
Federal program. 
‘‘(h) TREATMENT FOR OBLIGATION LIMITATION DIS-
TRIBUTION.—For purposes of distributing obligation limi-
tation in any fiscal year, the Secretary shall provide funds 
made available for this section with obligation limitation 
as follows: 
‘‘(1) The Secretary shall provide funds author-
ized for that fiscal year with obligation limitation 
under section 2002(c)(4) of the GROW AMERICA 
Act or the equivalent provision of the relevant appro-
priations act for a fiscal year, as appropriate. 
‘‘(2) The Secretary shall provide funds carried 
over from prior fiscal years with obligation limitation 
under section 2002(c)(2) of such Act or the equiva-
lent provision of the relevant appropriations act for 
a fiscal year, as appropriate.’’. 
(2) FUNDING.— 
(A) AUTHORIZATION.—There is authorized 
to be appropriated from the highway account of 
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the transportation trust fund to carry out sec-
tion 5401 of title 49, United States Code— 
(i) $500,000,000 for fiscal year 2015; 
(ii) $1,000,000,000 for fiscal year 
2016; 
(iii) $1,500,000,000 for fiscal year 
2017; and 
(iv) $2,000,000,000 for fiscal year 
2018. 
(B) 
AVAILABILITY
AND
ADMINISTRA-
TION.—The funds authorized by subparagraph 
(A) shall be— 
(i) available for obligation on October 
1 of the fiscal year for which they are au-
thorized; 
(ii) available for obligation until ex-
pended; and 
(iii) administered as if such funds 
were apportioned under chapter 1 of title 
23, United States Code. 
(C) TRANSFER TO NATIONAL FREIGHT IN-
FRASTRUCTURE
PROGRAM.—Notwithstanding 
section 5401(f)(2) of title 49, United States 
Code, as soon as practicable after October 1, 
2016, and each fiscal year thereafter, the Sec-
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retary shall transfer to the National Freight In-
frastructure program under section 5402 of 
such title— 
(i) of the funds authorized under sub-
paragraph (A) to carry out section 5401 of 
such title, any funds that— 
(I) were available to be allocated 
to a State for the prior fiscal year 
under subsection (c) of such section; 
but 
(II) the Secretary did not allo-
cate to that State for that prior fiscal 
year due to that State not meeting 
the eligibility criteria specified under 
subsection (e)(2) or (e)(3) of such sec-
tion; and 
(ii) an amount of obligation limitation 
equal to the amount of funds that the Sec-
retary transfers under clause (i). 
(b) NATIONAL FREIGHT INFRASTRUCTURE PRO-
GRAM.— 
(1) ESTABLISHMENT.—Chapter 54 of such title 
is amended by adding at the end the following: 
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‘‘§ 5402. National freight infrastructure program 
‘‘(a) GENERAL.—The Secretary shall establish and 
implement a National Freight Infrastructure Program 
under this section. 
‘‘(b) GOALS.—The goals of the program shall be to— 
‘‘(1) reduce the cost of freight transportation; 
‘‘(2) improve the safety of freight transpor-
tation; 
‘‘(3) relieve bottlenecks in the freight transpor-
tation system; 
‘‘(4) improve the state of good repair of the 
freight transportation system; and 
‘‘(5) reduce the adverse environmental and 
community impacts of freight transportation. 
‘‘(c) DEFINITIONS.—In this section the following 
definitions apply: 
‘‘(1) ELIGIBLE APPLICANT.— 
‘‘(A) IN GENERAL.—The term ‘eligible ap-
plicant’ means— 
‘‘(i) a State (as defined in section 
101(a)(25) of title 23); 
‘‘(ii) American Samoa, the Common-
wealth of the Northern Mariana Islands, 
Guam, or the U.S. Virgin Islands; 
‘‘(iii) a local government; 
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‘‘(iv) a metropolitan planning organi-
zation; 
‘‘(v) a public transportation authority 
(including a port authority); 
‘‘(vi) a tribal government; or 
‘‘(vii) a group of entities described in 
clauses (i) through (vi). 
‘‘(B) GROUPS OF ENTITIES.—A group de-
scribed in clause (vii) of subparagraph (A) shall 
submit an application through a lead applicant 
that qualifies under one of the clauses (i) 
through (vi) of that subparagraph. Public-pri-
vate partnerships are eligible provided the lead 
applicant qualifies under one of the clauses (i) 
through (vi) of subparagraph (A). 
‘‘(2) ELIGIBLE PROJECT.— 
‘‘(A) IN
GENERAL.—The term ‘eligible 
project’ means a capital investment for a trans-
portation infrastructure facility, or for an oper-
ational improvement or equipment for such a 
facility— 
‘‘(i) that is for a facility significantly 
used for the movement of freight, and that 
is— 
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‘‘(I) a road, rail, air, water, or 
pipeline facility; 
‘‘(II) an intermodal facility such 
as a seaport or port on the inland wa-
terway system, an airport, or a high-
way/rail intermodal facility; or 
‘‘(III) a facility related to an 
international border crossing; 
‘‘(ii) that the Secretary has deter-
mined will help to achieve the goals set out 
in subsection (b); 
‘‘(iii) for which funding committed by 
State and local governments and other 
public and private partners, along with the 
Federal funding requested, will be suffi-
cient to complete the capital investment; 
and 
‘‘(iv) that upon completion will have 
independent utility. 
‘‘(B) PLANS
AND
ANALYSES.—The term 
‘eligible project’ includes the development of 
plans and analysis required by this chapter. 
‘‘(d) APPLICATIONS.—An eligible applicant seeking to 
receive a grant under this section for an eligible project 
shall submit to the Secretary an application in such form 
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