IB 
Union Calendar No. 241 
114TH CONGRESS 
1ST SESSION H. R. 3763 
[Report No. 114–318] 
To authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 20, 2015 
Mr. SHUSTER (for himself, Mr. DEFAZIO, Mr. GRAVES of Missouri, and Ms. 
NORTON) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
OCTOBER 29, 2015 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on October 20, 2015] 
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A BILL 
To authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Surface Transportation Reauthorization and Reform Act 
of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Effective date. 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorizations and Programs 
Sec. 1101. Authorization of appropriations. 
Sec. 1102. Obligation ceiling. 
Sec. 1103. Definitions. 
Sec. 1104. Apportionment. 
Sec. 1105. National highway performance program. 
Sec. 1106. Surface transportation block grant program. 
Sec. 1107. Railway-highway grade crossings. 
Sec. 1108. Highway safety improvement program. 
Sec. 1109. Congestion mitigation and air quality improvement program. 
Sec. 1110. National highway freight policy. 
Sec. 1111. Nationally significant freight and highway projects. 
Sec. 1112. Territorial and Puerto Rico highway program. 
Sec. 1113. Federal lands and tribal transportation program. 
Sec. 1114. Tribal transportation program. 
Sec. 1115. Federal lands transportation program. 
Sec. 1116. Tribal transportation self-governance program. 
Sec. 1117. Emergency relief. 
Sec. 1118. Highway use tax evasion projects. 
Sec. 1119. Bundling of bridge projects. 
Sec. 1120. Tribal High Priority Projects program. 
Sec. 1121. Construction of ferry boats and ferry terminal facilities. 
Subtitle B—Planning and Performance Management 
Sec. 1201. Metropolitan transportation planning. 
Sec. 1202. Statewide and nonmetropolitan transportation planning. 
Subtitle C—Acceleration of Project Delivery 
Sec. 1301. Satisfaction of requirements for certain historic sites. 
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Sec. 1302. Treatment of improvements to rail and transit under preservation re-
quirements. 
Sec. 1303. Clarification of transportation environmental authorities. 
Sec. 1304. Treatment of certain bridges under preservation requirements. 
Sec. 1305. Efficient environmental reviews for project decisionmaking. 
Sec. 1306. Improving transparency in environmental reviews. 
Sec. 1307. Integration of planning and environmental review. 
Sec. 1308. Development of programmatic mitigation plans. 
Sec. 1309. Delegation of authorities. 
Sec. 1310. Categorical exclusion for projects of limited Federal assistance. 
Sec. 1311. Application of categorical exclusions for multimodal projects. 
Sec. 1312. Surface transportation project delivery program. 
Sec. 1313. Program for eliminating duplication of environmental reviews. 
Sec. 1314. Assessment of progress on accelerating project delivery. 
Sec. 1315. Improving State and Federal agency engagement in environmental re-
views. 
Sec. 1316. Accelerated decisionmaking in environmental reviews. 
Sec. 1317. Aligning Federal environmental reviews. 
Subtitle D—Miscellaneous 
Sec. 1401. Tolling; HOV facilities; Interstate reconstruction and rehabilitation. 
Sec. 1402. Prohibition on the use of funds for automated traffic enforcement. 
Sec. 1403. Minimum penalties for repeat offenders for driving while intoxicated 
or driving under the influence. 
Sec. 1404. Highway Trust Fund transparency and accountability. 
Sec. 1405. High priority corridors on National Highway System. 
Sec. 1406. Flexibility for projects. 
Sec. 1407. Productive and timely expenditure of funds. 
Sec. 1408. Consolidation of programs. 
Sec. 1409. Federal share payable. 
Sec. 1410. Elimination or modification of certain reporting requirements. 
Sec. 1411. Technical corrections. 
Sec. 1412. Safety for users. 
Sec. 1413. Design standards. 
Sec. 1414. Reserve fund. 
Sec. 1415. Adjustments. 
Sec. 1416. National electric vehicle charging, hydrogen, and natural gas fueling 
corridors. 
Sec. 1417. Ferries. 
Sec. 1418. Study on performance of bridges. 
Sec. 1419. Relinquishment of park-and-ride lot facilities. 
Sec. 1420. Pilot program. 
Sec. 1421. Innovative project delivery examples. 
Sec. 1422. Administrative provisions to encourage pollinator habitat and forage 
on transportation rights-of-way. 
Sec. 1423. Milk products. 
Sec. 1424. Interstate weight limits for emergency vehicles. 
Sec. 1425. Vehicle weight limitations—Interstate System. 
Sec. 1426. New national goal, performance measure, and performance target. 
Sec. 1427. Service club, charitable association, or religious service signs. 
Sec. 1428. Work zone and guard rail safety training. 
Sec. 1429. Motorcyclist advisory council. 
Sec. 1430. Highway work zones. 
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TITLE II—INNOVATIVE PROJECT FINANCE 
Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 
amendments. 
Sec. 2002. State infrastructure bank program. 
Sec. 2003. Availability payment concession model. 
TITLE III—PUBLIC TRANSPORTATION 
Sec. 3001. Short title. 
Sec. 3002. Definitions. 
Sec. 3003. Metropolitan and statewide transportation planning. 
Sec. 3004. Urbanized area formula grants. 
Sec. 3005. Fixed guideway capital investment grants. 
Sec. 3006. Formula grants for enhanced mobility of seniors and individuals with 
disabilities. 
Sec. 3007. Formula grants for rural areas. 
Sec. 3008. Public transportation innovation. 
Sec. 3009. Technical assistance and workforce development. 
Sec. 3010. Bicycle facilities. 
Sec. 3011. General provisions. 
Sec. 3012. Public transportation safety program. 
Sec. 3013. Apportionments. 
Sec. 3014. State of good repair grants. 
Sec. 3015. Authorizations. 
Sec. 3016. Bus and bus facility grants. 
Sec. 3017. Obligation ceiling. 
Sec. 3018. Innovative procurement. 
Sec. 3019. Review of public transportation safety standards. 
Sec. 3020. Study on evidentiary protection for public transportation safety pro-
gram information. 
Sec. 3021. Mobility of seniors and individuals with disabilities. 
Sec. 3022. Improved transit safety measures. 
Sec. 3023. Paratransit system under FTA approved coordinated plan. 
TITLE IV—HIGHWAY SAFETY 
Sec. 4001. Authorization of appropriations. 
Sec. 4002. Highway safety programs. 
Sec. 4003. Highway safety research and development. 
Sec. 4004. High-visibility enforcement program. 
Sec. 4005. National priority safety programs. 
Sec. 4006. Prohibition on funds to check helmet usage or create related check-
points for a motorcycle driver or passenger. 
Sec. 4007. Marijuana-impaired driving. 
Sec. 4008. National priority safety program grant eligibility. 
Sec. 4009. Data collection. 
Sec. 4010. Technical corrections. 
TITLE V—MOTOR CARRIER SAFETY 
Subtitle A—Motor Carrier Safety Grant Consolidation 
Sec. 5101. Grants to States. 
Sec. 5102. Performance and registration information systems management. 
Sec. 5103. Authorization of appropriations. 
Sec. 5104. Commercial driver’s license program implementation. 
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Sec. 5105. Extension of Federal motor carrier safety programs for fiscal year 
2016. 
Sec. 5106. Motor carrier safety assistance program allocation. 
Sec. 5107. Maintenance of effort calculation. 
Subtitle B—Federal Motor Carrier Safety Administration Reform 
PART I—REGULATORY REFORM 
Sec. 5201. Notice of cancellation of insurance. 
Sec. 5202. Regulations. 
Sec. 5203. Guidance. 
Sec. 5204. Petitions. 
PART II—COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM 
Sec. 5221. Correlation study. 
Sec. 5222. Beyond compliance. 
Sec. 5223. Data certification. 
Sec. 5224. Interim hiring standard. 
Subtitle C—Commercial Motor Vehicle Safety 
Sec. 5301. Implementing safety requirements. 
Sec. 5302. Windshield mounted safety technology. 
Sec. 5303. Prioritizing statutory rulemakings. 
Sec. 5304. Safety reporting system. 
Sec. 5305. New entrant safety review program. 
Sec. 5306. Ready mixed concrete trucks. 
Subtitle D—Commercial Motor Vehicle Drivers 
Sec. 5401. Opportunities for veterans. 
Sec. 5402. Drug-free commercial drivers. 
Sec. 5403. Certified medical examiners. 
Sec. 5404. Graduated commercial driver’s license pilot program. 
Sec. 5405. Veterans expanded trucking opportunities. 
Subtitle E—General Provisions 
Sec. 5501. Minimum financial responsibility. 
Sec. 5502. Delays in goods movement. 
Sec. 5503. Report on motor carrier financial responsibility. 
Sec. 5504. Emergency route working group. 
Sec. 5505. Household goods consumer protection working group. 
Sec. 5506. Technology improvements. 
Sec. 5507. Notification regarding motor carrier registration. 
Sec. 5508. Report on commercial driver’s license skills test delays. 
Sec. 5509. Covered farm vehicles. 
Sec. 5510. Operators of hi-rail vehicles. 
Sec. 5511. Electronic logging device requirements. 
Sec. 5512. Technical corrections. 
Sec. 5513. Automobile transporter. 
Sec. 5514. Ready mix concrete delivery vehicles. 
TITLE VI—INNOVATION 
Sec. 6001. Short title. 
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Sec. 6002. Authorization of appropriations. 
Sec. 6003. Advanced transportation and congestion management technologies de-
ployment. 
Sec. 6004. Technology and innovation deployment program. 
Sec. 6005. Intelligent transportation system goals. 
Sec. 6006. Intelligent transportation system program report. 
Sec. 6007. Intelligent transportation system national architecture and standards. 
Sec. 6008. Communication systems deployment report. 
Sec. 6009. Infrastructure development. 
Sec. 6010. Departmental research programs. 
Sec. 6011. Research and Innovative Technology Administration. 
Sec. 6012. Office of Intermodalism. 
Sec. 6013. University transportation centers. 
Sec. 6014. Bureau of Transportation Statistics. 
Sec. 6015. Surface transportation system funding alternatives. 
Sec. 6016. Future interstate study. 
Sec. 6017. Highway efficiency. 
Sec. 6018. Motorcycle safety. 
Sec. 6019. Hazardous materials research and development. 
Sec. 6020. Web-based training for emergency responders. 
Sec. 6021. Transportation technology policy working group. 
Sec. 6022. Collaboration and support. 
Sec. 6023. Prize competitions. 
Sec. 6024. GAO report. 
Sec. 6025. Intelligent transportation system purposes. 
Sec. 6026. Infrastructure integrity. 
TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION 
Sec. 7001. Short title. 
Sec. 7002. Authorization of appropriations. 
Sec. 7003. National emergency and disaster response. 
Sec. 7004. Enhanced reporting. 
Sec. 7005. Wetlines. 
Sec. 7006. Improving publication of special permits and approvals. 
Sec. 7007. GAO study on acceptance of classification examinations. 
Sec. 7008. Improving the effectiveness of planning and training grants. 
Sec. 7009. Motor carrier safety permits. 
Sec. 7010. Thermal blankets. 
Sec. 7011. Comprehensive oil spill response plans. 
Sec. 7012. Information on high-hazard flammable trains. 
Sec. 7013. Study and testing of electronically controlled pneumatic brakes. 
Sec. 7014. Ensuring safe implementation of positive train control systems. 
Sec. 7015. Phase-out of all tank cars used to transport Class 3 flammable liquids. 
TITLE VIII—MULTIMODAL FREIGHT TRANSPORTATION 
Sec. 8001. Multimodal freight transportation. 
TITLE IX—NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 
FINANCE BUREAU 
Sec. 9001. National Surface Transportation and Innovative Finance Bureau. 
Sec. 9002. Council on Credit and Finance. 
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TITLE X—SPORT FISH RESTORATION AND RECREATIONAL BOATING 
SAFETY 
Sec. 10001. Allocations. 
Sec. 10002. Recreational boating safety. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Transportation. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 3. EFFECTIVE DATE. 
Except as otherwise provided, this Act, including the 
amendments made by this Act, takes effect on October 1, 
2015. 
TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorizations and 
Programs 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized 
to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account): 
(1) FEDERAL-AID HIGHWAY PROGRAM.—For the 
national highway performance program under section 
119 of title 23, United States Code, the surface trans-
portation block grant program under section 133 of 
that title, the highway safety improvement program 
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under section 148 of that title, the congestion mitiga-
tion and air quality improvement program under sec-
tion 149 of that title, and to carry out section 134 of 
that title— 
(A) $38,419,500,000 for fiscal year 2016; 
(B) $39,113,500,000 for fiscal year 2017; 
(C) $39,927,500,000 for fiscal year 2018; 
(D) $40,764,000,000 for fiscal year 2019; 
(E) $41,623,000,000 for fiscal year 2020; 
and 
(F) $42,483,000,000 for fiscal year 2021. 
(2) TRANSPORTATION INFRASTRUCTURE FINANCE 
AND
INNOVATION
PROGRAM.—For credit assistance 
under the transportation infrastructure finance and 
innovation program under chapter 6 of title 23, 
United States Code, $200,000,000 for each of fiscal 
years 2016 through 2021. 
(3) FEDERAL
LANDS
AND
TRIBAL
TRANSPOR-
TATION PROGRAMS.— 
(A) TRIBAL TRANSPORTATION PROGRAM.— 
For the tribal transportation program under sec-
tion 202 of title 23, United States Code— 
(i) $465,000,000 for fiscal year 2016; 
(ii) $475,000,000 for fiscal year 2017; 
(iii) $485,000,000 for fiscal year 2018; 
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(iv) $490,000,000 for fiscal year 2019; 
(v) $495,000,000 for fiscal year 2020; 
and 
(vi) $500,000,000 for fiscal year 2021. 
(B) FEDERAL LANDS TRANSPORTATION PRO-
GRAM.— 
(i) IN
GENERAL.—For the Federal 
lands transportation program under section 
203 of title 23, United States Code— 
(I) $325,000,000 for fiscal year 
2016; 
(II) $335,000,000 for fiscal year 
2017; 
(III) $345,000,000 for fiscal year 
2018; 
(IV) $350,000,000 for fiscal year 
2019; 
(V) $375,000,000 for fiscal year 
2020; and 
(VI) $400,000,000 for fiscal year 
2021. 
(ii) 
ALLOCATION.—Of 
the 
amount 
made available for a fiscal year under 
clause (i)— 
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(I) the amount for the National 
Park Service is— 
(aa) $260,000,000 for fiscal 
year 2016; 
(bb) $268,000,000 for fiscal 
year 2017; 
(cc) $276,000,000 for fiscal 
year 2018; 
(dd) $280,000,000 for fiscal 
year 2019; 
(ee) $300,000,000 for fiscal 
year 2020; and 
(ff) $320,000,000 for fiscal 
year 2021; 
(II) the amount for the United 
States Fish and Wildlife Service is 
$30,000,000 for each of fiscal years 
2016 through 2021; and 
(III) the amount for the United 
States Forest Service is— 
(aa) $15,000,000 for fiscal 
year 2016; 
(bb) $16,000,000 for fiscal 
year 2017; 
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(cc) $17,000,000 for fiscal 
year 2018; 
(dd) $18,000,000 for fiscal 
year 2019; 
(ee) $19,000,000 for fiscal 
year 2020; and 
(ff) $20,000,000 for fiscal 
year 2021. 
(C) FEDERAL LANDS ACCESS PROGRAM.— 
For the Federal lands access program under sec-
tion 204 of title 23, United States Code— 
(i) $250,000,000 for fiscal year 2016; 
(ii) $255,000,000 for fiscal year 2017; 
(iii) $260,000,000 for fiscal year 2018; 
(iv) $265,000,000 for fiscal year 2019; 
(v) $270,000,000 for fiscal year 2020; 
and 
(vi) $275,000,000 for fiscal year 2021. 
(4) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—For the territorial and Puerto Rico high-
way program under section 165 of title 23, United 
States Code, $200,000,000 for each of fiscal years 
2016 through 2021. 
(5) NATIONALLY
SIGNIFICANT
FREIGHT
AND 
HIGHWAY
PROJECTS.—For nationally significant 
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freight and highway projects under section 117 of title 
23, United States Code— 
(A) $725,000,000 for fiscal year 2016; 
(B) $735,000,000 for fiscal year 2017; and 
(C) $750,000,000 for each of fiscal years 
2018 through 2021. 
(b) DISADVANTAGED BUSINESS ENTERPRISES.— 
(1) FINDINGS.—Congress finds that— 
(A) while significant progress has occurred 
due to the establishment of the disadvantaged 
business enterprise program, discrimination and 
related barriers continue to pose significant ob-
stacles for minority- and women-owned busi-
nesses seeking to do business in federally assisted 
surface transportation markets across the United 
States; 
(B) the continuing barriers described in 
subparagraph (A) merit the continuation of the 
disadvantaged business enterprise program; 
(C) Congress has received and reviewed tes-
timony and documentation of race and gender 
discrimination from numerous sources, including 
congressional hearings and roundtables, scientific 
reports, reports issued by public and private 
agencies, news stories, reports of discrimination 
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by organizations and individuals, and discrimi-
nation lawsuits, which show that race- and gen-
der-neutral efforts alone are insufficient to ad-
dress the problem; 
(D) the testimony and documentation de-
scribed in subparagraph (C) demonstrate that 
discrimination across the United States poses a 
barrier to full and fair participation in surface 
transportation-related businesses of women busi-
ness owners and minority business owners and 
has impacted firm development and many as-
pects of surface transportation-related business 
in the public and private markets; and 
(E) the testimony and documentation de-
scribed in subparagraph (C) provide a strong 
basis that there is a compelling need for the con-
tinuation of the disadvantaged business enter-
prise program to address race and gender dis-
crimination in surface transportation-related 
business. 
(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) SMALL BUSINESS CONCERN.— 
(i) IN
GENERAL.—The term ‘‘small 
business concern’’ means a small business 
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concern (as the term is used in section 3 of 
the Small Business Act (15 U.S.C. 632)). 
(ii) EXCLUSIONS.—The term ‘‘small 
business concern’’ does not include any con-
cern or group of concerns controlled by the 
same socially and economically disadvan-
taged individual or individuals that have 
average annual gross receipts during the 
preceding 3 fiscal years in excess of 
$23,980,000, as adjusted annually by the 
Secretary for inflation. 
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED INDIVIDUALS.—The term ‘‘socially 
and economically disadvantaged individuals’’ 
has the meaning given the term in section 8(d) 
of the Small Business Act (15 U.S.C. 637(d)) 
and relevant subcontracting regulations issued 
pursuant to that Act, except that women shall be 
presumed to be socially and economically dis-
advantaged individuals for purposes of this sub-
section. 
(3) AMOUNTS
FOR
SMALL
BUSINESS
CON-
CERNS.—Except to the extent that the Secretary deter-
mines otherwise, not less than 10 percent of the 
amounts made available for any program under titles 
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I, II, III, and VI of this Act and section 403 of title 
23, United States Code, shall be expended through 
small business concerns owned and controlled by so-
cially and economically disadvantaged individuals. 
(4) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS ENTERPRISES.—Each State shall annually— 
(A) survey and compile a list of the small 
business concerns referred to in paragraph (3) in 
the State, including the location of the small 
business concerns in the State; and 
(B) notify the Secretary, in writing, of the 
percentage of the small business concerns that 
are controlled by— 
(i) women; 
(ii) socially and economically dis-
advantaged 
individuals 
(other 
than 
women); and 
(iii) individuals who are women and 
are otherwise socially and economically dis-
advantaged individuals. 
(5) UNIFORM CERTIFICATION.— 
(A) IN GENERAL.—The Secretary shall es-
tablish minimum uniform criteria for use by 
State governments in certifying whether a con-
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cern qualifies as a small business concern for the 
purpose of this subsection. 
(B) INCLUSIONS.—The minimum uniform 
criteria established under subparagraph (A) shall 
include, with respect to a potential small busi-
ness concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(v) listings of equipment; 
(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
(viii) examination of the resumes of 
principal owners; 
(ix) analyses of financial capacity; 
and 
(x) analyses of the type of work pre-
ferred. 
(6) REPORTING.—The Secretary shall establish 
minimum requirements for use by State governments 
in reporting to the Secretary— 
(A) information concerning disadvantaged 
business enterprise awards, commitments, and 
achievements; and 
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(B) such other information as the Secretary 
determines to be appropriate for the proper mon-
itoring of the disadvantaged business enterprise 
program. 
(7) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an indi-
vidual or entity to receive funds made available 
under titles I, II, III, and VI of this Act and section 
403 of title 23, United States Code, if the entity or 
person is prevented, in whole or in part, from com-
plying with paragraph (3) because a Federal court 
issues a final order in which the court finds that a 
requirement or the implementation of paragraph (3) 
is unconstitutional. 
SEC. 1102. OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Subject to subsection (e), 
and notwithstanding any other provision of law, the obliga-
tions for Federal-aid highway and highway safety construc-
tion programs shall not exceed— 
(1) $40,867,000,000 for fiscal year 2016; 
(2) $41,599,000,000 for fiscal year 2017; 
(3) $42,453,000,000 for fiscal year 2018; 
(4) $43,307,000,000 for fiscal year 2019; 
(5) $44,201,000,000 for fiscal year 2020; and 
(6) $45,096,000,000 for fiscal year 2021. 
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(b) EXCEPTIONS.—The limitations under subsection 
(a) shall not apply to obligations under or for— 
(1) section 125 of title 23, United States Code; 
(2) section 147 of the Surface Transportation As-
sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 
2714); 
(3) section 9 of the Federal-Aid Highway Act of 
1981 (95 Stat. 1701); 
(4) subsections (b) and (j) of section 131 of the 
Surface Transportation Assistance Act of 1982 (96 
Stat. 2119); 
(5) subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation As-
sistance Act of 1987 (101 Stat. 198); 
(6) sections 1103 through 1108 of the Intermodal 
Surface Transportation Efficiency Act of 1991 (105 
Stat. 2027); 
(7) section 157 of title 23, United States Code 
(as in effect on June 8, 1998); 
(8) section 105 of title 23, United States Code 
(as in effect for fiscal years 1998 through 2004, but 
only in an amount equal to $639,000,000 for each of 
those fiscal years); 
(9) Federal-aid highway programs for which ob-
ligation authority was made available under the 
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Transportation Equity Act for the 21st Century (112 
Stat. 107) or subsequent Acts for multiple years or to 
remain available until expended, but only to the ex-
tent that the obligation authority has not lapsed or 
been used; 
(10) section 105 of title 23, United States Code 
(as in effect for fiscal years 2005 through 2012, but 
only in an amount equal to $639,000,000 for each of 
those fiscal years); 
(11) section 1603 of SAFETEA–LU (23 U.S.C. 
118 note; 119 Stat. 1248), to the extent that funds ob-
ligated in accordance with that section were not sub-
ject to a limitation on obligations at the time at 
which the funds were initially made available for ob-
ligation; 
(12) section 119 of title 23, United States Code 
(as in effect for fiscal years 2013 through 2015, but 
only in an amount equal to $639,000,000 for each of 
those fiscal years); and 
(13) section 119 of title 23, United States Code 
(but, for fiscal years 2016 through 2021, only in an 
amount equal to $639,000,000 for each of those fiscal 
years). 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For 
each of fiscal years 2016 through 2021, the Secretary— 
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(1) shall not distribute obligation authority pro-
vided by subsection (a) for the fiscal year for— 
(A) amounts authorized for administrative 
expenses and programs by section 104(a) of title 
23, United States Code; and 
(B) amounts authorized for the Bureau of 
Transportation Statistics; 
(2) shall not distribute an amount of obligation 
authority provided by subsection (a) that is equal to 
the unobligated balance of amounts— 
(A) made available from the Highway Trust 
Fund (other than the Mass Transit Account) for 
Federal-aid highway and highway safety con-
struction programs for previous fiscal years the 
funds for which are allocated by the Secretary 
(or apportioned by the Secretary under section 
202 or 204 of title 23, United States Code); and 
(B) for which obligation authority was pro-
vided in a previous fiscal year; 
(3) shall determine the proportion that— 
(A) the obligation authority provided by 
subsection (a) for the fiscal year, less the aggre-
gate of amounts not distributed under para-
graphs (1) and (2) of this subsection; bears to 
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(B) the total of the sums authorized to be 
appropriated for the Federal-aid highway and 
highway safety construction programs (other 
than sums authorized to be appropriated for pro-
visions of law described in paragraphs (1) 
through (12) of subsection (b) and sums author-
ized to be appropriated for section 119 of title 
23, United States Code, equal to the amount re-
ferred to in subsection (b)(13) for the fiscal 
year), less the aggregate of the amounts not dis-
tributed under paragraphs (1) and (2) of this 
subsection; 
(4) shall distribute the obligation authority pro-
vided by subsection (a), less the aggregate amounts 
not distributed under paragraphs (1) and (2), for 
each of the programs (other than programs to which 
paragraph (1) applies) that are allocated by the Sec-
retary under this Act and title 23, United States 
Code, or apportioned by the Secretary under sections 
202 or 204 of that title, by multiplying— 
(A) the proportion determined under para-
graph (3); by 
(B) the amounts authorized to be appro-
priated for each such program for the fiscal year; 
and 
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(5) shall distribute the obligation authority pro-
vided by subsection (a), less the aggregate amounts 
not distributed under paragraphs (1) and (2) and the 
amounts distributed under paragraph (4), for Fed-
eral-aid highway and highway safety construction 
programs that are apportioned by the Secretary 
under title 23, United States Code (other than the 
amounts apportioned for the national highway per-
formance program in section 119 of title 23, United 
States Code, that are exempt from the limitation 
under subsection (b)(13) and the amounts appor-
tioned under sections 202 and 204 of that title) in the 
proportion that— 
(A) amounts authorized to be appropriated 
for the programs that are apportioned under title 
23, United States Code, to each State for the fis-
cal year; bears to 
(B) the total of the amounts authorized to 
be appropriated for the programs that are ap-
portioned under title 23, United States Code, to 
all States for the fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary 
shall, after August 1 of each of fiscal years 2016 through 
2021— 
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(1) revise a distribution of the obligation author-
ity made available under subsection (c) if an amount 
distributed cannot be obligated during that fiscal 
year; and 
(2) redistribute sufficient amounts to those States 
able to obligate amounts in addition to those pre-
viously distributed during that fiscal year, giving pri-
ority to those States having large unobligated bal-
ances of funds apportioned under sections 144 (as in 
effect on the day before the date of enactment of 
MAP–21 (Public Law 112–141)) and 104 of title 23, 
United States Code. 
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION RESEARCH PROGRAMS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), obligation limitations imposed by sub-
section (a) shall apply to contract authority for trans-
portation research programs carried out under— 
(A) chapter 5 of title 23, United States 
Code; and 
(B) title VI of this Act. 
(2) EXCEPTION.—Obligation authority made 
available under paragraph (1) shall— 
(A) remain available for a period of 4 fiscal 
years; and 
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(B) be in addition to the amount of any 
limitation imposed on obligations for Federal- 
aid highway and highway safety construction 
programs for future fiscal years. 
(f) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of distribution of obligation authority under 
subsection (c) for each of fiscal years 2016 through 
2021, the Secretary shall distribute to the States any 
funds (excluding funds authorized for the program 
under section 202 of title 23, United States Code) 
that— 
(A) are authorized to be appropriated for 
the fiscal year for Federal-aid highway pro-
grams; and 
(B) the Secretary determines will not be al-
located to the States (or will not be apportioned 
to the States under section 204 of title 23, 
United States Code), and will not be available 
for obligation, for the fiscal year because of the 
imposition of any obligation limitation for the 
fiscal year. 
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(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same proportion as the distribu-
tion of obligation authority under subsection (c)(5). 
(3) AVAILABILITY.—Funds distributed to each 
State under paragraph (1) shall be available for any 
purpose described in section 133(b) of title 23, United 
States Code. 
SEC. 1103. DEFINITIONS. 
Section 101(a) of title 23, United States Code, is 
amended— 
(1) by striking paragraph (29); 
(2) by redesignating paragraphs (15) through 
(28) as paragraphs (16) through (29), respectively; 
and 
(3) by inserting after paragraph (14) the fol-
lowing: 
‘‘(15) NATIONAL HIGHWAY FREIGHT NETWORK.— 
The term ‘National Highway Freight Network’ means 
the National Highway Freight Network established 
under section 167.’’. 
SEC. 1104. APPORTIONMENT. 
(a) ADMINISTRATIVE EXPENSES.—Section 104(a)(1) 
of title 23, United States Code, is amended to read as fol-
lows: 
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‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated from the Highway Trust Fund (other than 
the Mass Transit Account) to be made available to the 
Secretary for administrative expenses of the Federal 
Highway Administration $440,000,000 for each of fis-
cal years 2016 through 2021.’’. 
(b) DIVISION AMONG PROGRAMS OF STATE’S SHARE 
OF BASE APPORTIONMENT.—Section 104(b) of title 23, 
United States Code, is amended— 
(1) in the subsection heading by striking ‘‘DIVI-
SION
OF
STATE
APPORTIONMENTS
AMONG
PRO-
GRAMS’’ and inserting ‘‘DIVISION AMONG PROGRAMS 
OF STATE’S SHARE OF BASE APPORTIONMENT’’; 
(2) in the matter preceding paragraph (1)— 
(A) by inserting ‘‘of the base apportion-
ment’’ after ‘‘the amount’’; and 
(B) by striking ‘‘surface transportation pro-
gram’’ and inserting ‘‘surface transportation 
block grant program’’; 
(3) in paragraph (2)— 
(A) in the paragraph heading by striking 
‘‘SURFACE TRANSPORTATION PROGRAM’’ and in-
serting 
‘‘SURFACE
TRANSPORTATION
BLOCK 
GRANT PROGRAM’’; and 
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(B) by striking ‘‘surface transportation pro-
gram’’ and inserting ‘‘surface transportation 
block grant program’’; and 
(4) in each of paragraphs (4) and (5), in the 
matter preceding subparagraph (A), by inserting ‘‘of 
the base apportionment’’ after ‘‘the amount’’. 
(c) CALCULATION
OF
STATE
AMOUNTS.—Section 
104(c) of title 23, United States Code, is amended to read 
as follows: 
‘‘(c) CALCULATION OF AMOUNTS.— 
‘‘(1) STATE SHARE.—For each of fiscal years 
2016 through 2021, the amount for each State shall 
be determined as follows: 
‘‘(A) 
INITIAL
AMOUNTS.—The 
initial 
amounts for each State shall be determined by 
multiplying— 
‘‘(i) each of— 
‘‘(I) the base apportionment; 
‘‘(II) supplemental funds reserved 
under subsection (h)(1) for the na-
tional highway performance program; 
and 
‘‘(III) supplemental funds re-
served under subsection (h)(2) for the 
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surface transportation block grant pro-
gram; by 
‘‘(ii) the share for each State, which 
shall be equal to the proportion that— 
‘‘(I) the amount of apportion-
ments that the State received for fiscal 
year 2015; bears to 
‘‘(II) the amount of those appor-
tionments received by all States for 
that fiscal year. 
‘‘(B) ADJUSTMENTS TO AMOUNTS.—The ini-
tial amounts resulting from the calculation 
under subparagraph (A) shall be adjusted to en-
sure that each State receives an aggregate appor-
tionment equal to at least 95 percent of the esti-
mated tax payments attributable to highway 
users in the State paid into the Highway Trust 
Fund (other than the Mass Transit Account) in 
the most recent fiscal year for which data are 
available. 
‘‘(2) STATE APPORTIONMENT.—On October 1 of 
fiscal years 2016 through 2021, the Secretary shall 
apportion the sums authorized to be appropriated for 
expenditure on the national highway performance 
program under section 119, the surface transportation 
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block grant program under section 133, the highway 
safety improvement program under section 148, the 
congestion mitigation and air quality improvement 
program under section 149, and to carry out section 
134 in accordance with paragraph (1).’’. 
(d) SUPPLEMENTAL FUNDS.—Section 104 of title 23, 
United States Code, is amended by adding at the end the 
following: 
‘‘(h) SUPPLEMENTAL FUNDS.— 
‘‘(1) SUPPLEMENTAL
FUNDS
FOR
NATIONAL 
HIGHWAY PERFORMANCE PROGRAM.— 
‘‘(A) AMOUNT.—Before making an appor-
tionment for a fiscal year under subsection (c), 
the Secretary shall reserve for the national high-
way performance program under section 119 for 
that fiscal year an amount equal to— 
‘‘(i) $53,596,122 for fiscal year 2019; 
‘‘(ii) $66,717,816 for fiscal year 2020; 
and 
‘‘(iii) $79,847,397 for fiscal year 2021. 
‘‘(B) TREATMENT
OF
FUNDS.—Funds re-
served under subparagraph (A) and apportioned 
to a State under subsection (c) shall be treated 
as if apportioned under subsection (b)(1), and 
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shall be in addition to amounts apportioned 
under that subsection. 
‘‘(2) SUPPLEMENTAL
FUNDS
FOR
SURFACE 
TRANSPORTATION BLOCK GRANT PROGRAM.— 
‘‘(A) AMOUNT.—Before making an appor-
tionment for a fiscal year under subsection (c), 
the Secretary shall reserve for the surface trans-
portation block grant program under section 133 
for that fiscal year an amount equal to 
$819,900,000 pursuant to section 133(h), plus— 
‘‘(i) $70,526,310 for fiscal year 2016; 
‘‘(ii) $104,389,904 for fiscal year 2017; 
‘‘(iii) $148,113,536 for fiscal year 
2018; 
‘‘(iv) $160,788,367 for fiscal year 2019; 
‘‘(v) $200,153,448 for fiscal year 2020; 
and 
‘‘(vi) $239,542,191 for fiscal year 2021. 
‘‘(B) TREATMENT
OF
FUNDS.—Funds re-
served under subparagraph (A) and apportioned 
to a State under subsection (c) shall be treated 
as if apportioned under subsection (b)(2), and 
shall be in addition to amounts apportioned 
under that subsection. 
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‘‘(i) BASE APPORTIONMENT DEFINED.—In this sec-
tion, the term ‘base apportionment’ means— 
‘‘(1) the combined amount authorized for appro-
priation for the national highway performance pro-
gram under section 119, the surface transportation 
block grant program under section 133, the highway 
safety improvement program under section 148, the 
congestion mitigation and air quality improvement 
program under section 149, and to carry out section 
134; minus 
‘‘(2) supplemental funds reserved under sub-
section (h) for the national highway performance pro-
gram and the surface transportation block grant pro-
gram.’’. 
SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
Section 119 of title 23, United States Code, is amend-
ed— 
(1) in subsection (e)(7)— 
(A) by striking ‘‘this paragraph’’ and in-
serting ‘‘section 150(e)’’; and 
(B) by inserting ‘‘under section 150(e)’’ 
after ‘‘the next report submitted’’; and 
(2) by adding at the end the following: 
‘‘(h) TIFIA PROGRAM.—Upon Secretarial approval of 
credit assistance under chapter 6, the Secretary, at the re-
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quest of a State, may allow the State to use funds appor-
tioned under section 104(b)(1) to pay subsidy and adminis-
trative costs necessary to provide an eligible entity Federal 
credit assistance under chapter 6 with respect to a project 
eligible for assistance under this section. 
‘‘(i) ADDITIONAL FUNDING ELIGIBILITY FOR CERTAIN 
BRIDGES.— 
‘‘(1) IN
GENERAL.—Funds apportioned to a 
State to carry out the national highway performance 
program may be obligated for a project for the recon-
struction, resurfacing, restoration, rehabilitation, or 
preservation of a bridge not on the National Highway 
System, if the bridge is on a Federal-aid highway. 
‘‘(2) LIMITATION.—A State required to make ob-
ligations under subsection (f) shall ensure such re-
quirements are satisfied in order to use the flexibility 
under paragraph (1).’’. 
SEC. 1106. SURFACE TRANSPORTATION BLOCK GRANT PRO-
GRAM. 
(a) FINDINGS.—Congress finds that— 
(1) the benefits of the surface transportation 
block grant program accrue principally to the resi-
dents of each State and municipality where the funds 
are obligated; 
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(2) decisions about how funds should be obligated 
are best determined by the States and municipalities 
to respond to unique local circumstances and imple-
ment the most efficient solutions; and 
(3) reforms of the program to promote flexibility 
will enhance State and local control over transpor-
tation decisions. 
(b) SURFACE TRANSPORTATION BLOCK GRANT PRO-
GRAM.—Section 133 of title 23, United States Code, is 
amended— 
(1) by striking subsections (a), (b), (c), and (d) 
and inserting the following: 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
a surface transportation block grant program in accordance 
with this section to provide flexible funding to address State 
and local transportation needs. 
‘‘(b) ELIGIBLE PROJECTS.—Funds apportioned to a 
State under section 104(b)(2) for the surface transportation 
block grant program may be obligated for the following: 
‘‘(1) Construction of— 
‘‘(A) highways, bridges, tunnels, including 
designated routes of the Appalachian develop-
ment highway system and local access roads 
under section 14501 of title 40; 
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‘‘(B) ferry boats and terminal facilities eli-
gible for funding under section 129(c); 
‘‘(C) transit capital projects eligible for as-
sistance under chapter 53 of title 49; 
‘‘(D) infrastructure-based intelligent trans-
portation systems capital improvements; 
‘‘(E) truck parking facilities eligible for 
funding under section 1401 of MAP–21 (23 
U.S.C. 137 note); and 
‘‘(F) border infrastructure projects eligible 
for funding under section 1303 of SAFETEA– 
LU (23 U.S.C. 101 note). 
‘‘(2) Operational improvements and capital and 
operating costs for traffic monitoring, management, 
and control facilities and programs. 
‘‘(3) Environmental measures eligible under sec-
tions 119(g), 328, and 329 and transportation control 
measures listed in section 108(f)(1)(A) (other than 
clause (xvi) of that section) of the Clean Air Act (42 
U.S.C. 7408(f)(1)(A)). 
‘‘(4) Highway and transit safety infrastructure 
improvements and programs, including railway-high-
way grade crossings. 
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‘‘(5) Fringe and corridor parking facilities and 
programs in accordance with section 137 and carpool 
projects in accordance with section 146. 
‘‘(6) Recreational trails projects eligible for fund-
ing under section 206, pedestrian and bicycle projects 
in accordance with section 217 (including modifica-
tions to comply with accessibility requirements under 
the Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.)), and the safe routes to school 
program under section 1404 of SAFETEA–LU (23 
U.S.C. 402 note). 
‘‘(7) Planning, design, or construction of boule-
vards and other roadways largely in the right-of-way 
of former Interstate System routes or other divided 
highways. 
‘‘(8) Development and implementation of a State 
asset management plan for the National Highway 
System and a performance-based management pro-
gram for other public roads. 
‘‘(9) Protection (including painting, scour coun-
termeasures, seismic retrofits, impact protection meas-
ures, 
security 
countermeasures, 
and 
protection 
against extreme events) for bridges (including ap-
proaches to bridges and other elevated structures) and 
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tunnels on public roads, and inspection and evalua-
tion of bridges and tunnels and other highway assets. 
‘‘(10) Surface transportation planning pro-
grams, highway and transit research and development 
and technology transfer programs, and workforce de-
velopment, training, and education under chapter 5 
of this title. 
‘‘(11) 
Surface 
transportation 
infrastructure 
modifications to facilitate direct intermodal inter-
change, transfer, and access into and out of a port 
terminal. 
‘‘(12) Projects and strategies designed to support 
congestion pricing, including electronic toll collection 
and travel demand management strategies and pro-
grams. 
‘‘(13) At the request of a State, and upon Secre-
tarial approval of credit assistance under chapter 6, 
subsidy and administrative costs necessary to provide 
an eligible entity Federal credit assistance under 
chapter 6 with respect to a project eligible for assist-
ance under this section. 
‘‘(14) The creation and operation by a State of 
an office to assist in the design, implementation, and 
oversight of public-private partnerships eligible to re-
ceive funding under this title and chapter 53 of title 
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49, and the payment of a stipend to unsuccessful pri-
vate bidders to offset their proposal development costs, 
if necessary to encourage robust competition in pub-
lic-private partnership procurements. 
‘‘(15) Any type of project eligible under this sec-
tion as in effect on the day before the date of enact-
ment of the Surface Transportation Reauthorization 
and Reform Act of 2015, including projects described 
under section 101(a)(29) as in effect on such day. 
‘‘(c) LOCATION OF PROJECTS.—A surface transpor-
tation block grant project may not be undertaken on a road 
functionally classified as a local road or a rural minor col-
lector unless the road was on a Federal-aid highway system 
on January 1, 1991, except— 
‘‘(1) for a bridge or tunnel project (other than 
the construction of a new bridge or tunnel at a new 
location); 
‘‘(2) for a project described in paragraphs (4) 
through (11) of subsection (b); 
‘‘(3) for a project described in section 101(a)(29), 
as in effect on the day before the date of enactment 
of the Surface Transportation Reauthorization and 
Reform Act of 2015; and 
‘‘(4) as approved by the Secretary. 
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‘‘(d) ALLOCATIONS
OF
APPORTIONED
FUNDS
TO 
AREAS BASED ON POPULATION.— 
‘‘(1) CALCULATION.—Of the funds apportioned to 
a State under section 104(b)(2) (after the reservation 
of funds under subsection (h))— 
‘‘(A) the percentage specified in paragraph 
(6) for a fiscal year shall be obligated under this 
section, in proportion to their relative shares of 
the population of the State— 
‘‘(i) in urbanized areas of the State 
with an urbanized area population of over 
200,000; 
‘‘(ii) in areas of the State other than 
urban areas with a population greater than 
5,000; and 
‘‘(iii) in other areas of the State; and 
‘‘(B) the remainder may be obligated in 
any area of the State. 
‘‘(2) METROPOLITAN AREAS.—Funds attributed 
to an urbanized area under paragraph (1)(A)(i) may 
be obligated in the metropolitan area established 
under section 134 that encompasses the urbanized 
area. 
‘‘(3) CONSULTATION WITH REGIONAL TRANSPOR-
TATION PLANNING ORGANIZATIONS.—For purposes of 
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paragraph (1)(A)(iii), before obligating funding at-
tributed to an area with a population greater than 
5,000 and less than 200,000, a State shall consult 
with the regional transportation planning organiza-
tions that represent the area, if any. 
‘‘(4) DISTRIBUTION
AMONG
URBANIZED
AREAS 
OF OVER 200,000 POPULATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the amount of funds that a 
State is required to obligate under paragraph 
(1)(A)(i) shall be obligated in urbanized areas 
described in paragraph (1)(A)(i) based on the 
relative population of the areas. 
‘‘(B) OTHER FACTORS.—The State may ob-
ligate the funds described in subparagraph (A) 
based on other factors if the State and the rel-
evant metropolitan planning organizations joint-
ly apply to the Secretary for the permission to 
base the obligation on other factors and the Sec-
retary grants the request. 
‘‘(5) APPLICABILITY
OF
PLANNING
REQUIRE-
MENTS.—Programming and expenditure of funds for 
projects under this section shall be consistent with sec-
tions 134 and 135. 
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‘‘(6) PERCENTAGE.—The percentage referred to 
in paragraph (1)(A) is— 
‘‘(A) for fiscal year 2016, 51 percent; 
‘‘(B) for fiscal year 2017, 52 percent; 
‘‘(C) for fiscal year 2018, 53 percent; 
‘‘(D) for fiscal year 2019, 54 percent; 
‘‘(E) for fiscal year 2020, 55 percent; and 
‘‘(F) for fiscal year 2021, 55 percent.’’; 
(2) by striking the section heading and inserting 
‘‘Surface transportation block grant pro-
gram’’; 
(3) by striking subsection (e); 
(4) by redesignating subsections (f) through (h) 
as subsections (e) through (g), respectively; 
(5) in subsection (e)(1), as redesignated by this 
subsection— 
(A) by striking ‘‘104(b)(3)’’ and inserting 
‘‘104(b)(2)’’; and 
(B) by striking ‘‘fiscal years 2011 through 
2014’’ and inserting ‘‘fiscal years 2016 through 
2021’’; 
(6) in subsection (g)(1), as redesignated by this 
subsection, 
by 
striking 
‘‘under 
subsection 
(d)(1)(A)(iii) for each of fiscal years 2013 through 
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2014’’ and inserting ‘‘under subsection (d)(1)(A)(ii) 
for each of fiscal years 2016 through 2021’’; and 
(7) by adding at the end the following: 
‘‘(h) STP SET-ASIDE.— 
‘‘(1) RESERVATION OF FUNDS.—Of the funds ap-
portioned to a State under section 104(b)(2) for each 
fiscal year, the Secretary shall reserve an amount 
such that— 
‘‘(A) the Secretary reserves a total of 
$819,900,000 under this subsection; and 
‘‘(B) the State’s share of that total is deter-
mined by multiplying the amount under sub-
paragraph (A) by the ratio that— 
‘‘(i) the amount apportioned to the 
State for the transportation enhancements 
program for fiscal year 2009 under section 
133(d)(2), as in effect on the day before the 
date of enactment of MAP–21; bears to 
‘‘(ii) the total amount of funds appor-
tioned to all States for the transportation 
enhancements program for fiscal year 2009. 
‘‘(2) ALLOCATION WITHIN A STATE.—Funds re-
served for a State under paragraph (1) shall be obli-
gated within that State in the manner described in 
subsection (d), except that, for purposes of this para-
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graph (after funds are made available under para-
graph (5))— 
‘‘(A) for each fiscal year, the percentage re-
ferred to in paragraph (1)(A) of that subsection 
shall be deemed to be 50 percent; and 
‘‘(B) the following provisions shall not 
apply: 
‘‘(i) Paragraph (3) of subsection (d). 
‘‘(ii) Subsection (e). 
‘‘(3) 
ELIGIBLE
PROJECTS.—Funds 
reserved 
under this subsection may be obligated for projects or 
activities described in section 101(a)(29) or 213, as 
such provisions were in effect on the day before the 
date of enactment of the Surface Transportation Re-
authorization and Reform Act of 2015. 
‘‘(4) ACCESS TO FUNDS.— 
‘‘(A) IN GENERAL.—A State or metropoli-
tan planning organization required to obligate 
funds in accordance with paragraph (2) shall de-
velop a competitive process to allow eligible enti-
ties to submit projects for funding that achieve 
the objectives of this subsection. A metropolitan 
planning organization for an area described in 
subsection (d)(1)(A)(i) shall select projects under 
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such process in consultation with the relevant 
State. 
‘‘(B) ELIGIBLE ENTITY DEFINED.—In this 
paragraph, the term ‘eligible entity’ means— 
‘‘(i) a local government; 
‘‘(ii) a regional transportation author-
ity; 
‘‘(iii) a transit agency; 
‘‘(iv) a natural resource or public land 
agency; 
‘‘(v) a school district, local education 
agency, or school; 
‘‘(vi) a tribal government; and 
‘‘(vii) any other local or regional gov-
ernmental entity with responsibility for or 
oversight of transportation or recreational 
trails (other than a metropolitan planning 
organization or a State agency) that the 
State determines to be eligible, consistent 
with the goals of this subsection. 
‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL 
TRAILS
PROJECTS.—For each fiscal year, a State 
shall— 
‘‘(A) obligate an amount of funds reserved 
under this section equal to the amount of the 
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funds apportioned to the State for fiscal year 
2009 under section 104(h)(2), as in effect on the 
day before the date of enactment of MAP–21, for 
projects relating to recreational trails under sec-
tion 206; 
‘‘(B) return 1 percent of those funds to the 
Secretary for the administration of that pro-
gram; and 
‘‘(C) comply with the provisions of the ad-
ministration of the recreational trails program 
under section 206, including the use of appor-
tioned funds described in subsection (d)(3)(A) of 
that section. 
‘‘(6) STATE FLEXIBILITY.— 
‘‘(A) RECREATIONAL TRAILS.—A State may 
opt out of the recreational trails program under 
paragraph (5) if the Governor of the State noti-
fies the Secretary not later than 30 days prior 
to apportionments being made for any fiscal 
year. 
‘‘(B) LARGE URBANIZED AREAS.—A metro-
politan planning area may use not to exceed 50 
percent of the funds reserved under this sub-
section for an urbanized area described in sub-
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section (d)(1)(A)(i) for any purpose eligible 
under subsection (b). 
‘‘(i) TREATMENT
OF
PROJECTS.—Notwithstanding 
any other provision of law, projects funded under this sec-
tion (excluding those carried out under subsection (h)(5)) 
shall be treated as projects on a Federal-aid highway under 
this chapter.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) SECTION 126.—Section 126(b)(2) of title 23, 
United States Code, is amended— 
(A) by striking ‘‘section 213’’ and inserting 
‘‘section 133(h)’’; and 
(B) by striking ‘‘section 213(c)(1)(B)’’ and 
inserting ‘‘section 133(h)’’. 
(2) SECTION
213.—Section 213 of title 23, 
United States Code, is repealed. 
(3) SECTION 322.—Section 322(h)(3) of title 23, 
United States Code, is amended by striking ‘‘surface 
transportation program’’ and inserting ‘‘surface 
transportation block grant program’’. 
(4) SECTION 504.—Section 504(a)(4) of title 23, 
United States Code, is amended— 
(A) by striking ‘‘104(b)(3)’’ and inserting 
‘‘104(b)(2)’’; and 
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(B) by striking ‘‘surface transportation pro-
gram’’ and inserting ‘‘surface transportation 
block grant program’’. 
(5) CHAPTER 1.—Chapter 1 of title 23, United 
States Code, is amended by striking ‘‘surface trans-
portation program’’ each place it appears and insert-
ing ‘‘surface transportation block grant program’’. 
(6) CHAPTER ANALYSES.— 
(A) CHAPTER 1.—The analysis for chapter 
1 of title 23, United States Code, is amended by 
striking the item relating to section 133 and in-
serting the following: 
‘‘133. Surface transportation block grant program.’’. 
(B) CHAPTER 2.—The item relating to sec-
tion 213 in the analysis for chapter 2 of title 23, 
United States Code, is repealed. 
(7) OTHER REFERENCES.—Any reference in any 
other law, regulation, document, paper, or other 
record of the United States to the surface transpor-
tation program under section 133 of title 23, United 
States Code, shall be deemed to be a reference to the 
surface transportation block grant program under 
such section. 
SEC. 1107. RAILWAY-HIGHWAY GRADE CROSSINGS. 
Section 130(e)(1) of title 23, United States Code, is 
amended to read as follows: 
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‘‘(1) IN GENERAL.— 
‘‘(A) SET ASIDE.—Before making an appor-
tionment under section 104(b)(3) for a fiscal 
year, the Secretary shall set aside, from amounts 
made available to carry out the highway safety 
improvement program under section 148 for such 
fiscal year, for the elimination of hazards and 
the installation of protective devices at railway- 
highway crossings at least— 
‘‘(i) $225,000,000 for fiscal year 2016; 
‘‘(ii) $230,000,000 for fiscal year 2017; 
‘‘(iii) $235,000,000 for fiscal year 
2018; 
‘‘(iv) $240,000,000 for fiscal year 2019; 
‘‘(v) $245,000,000 for fiscal year 2020; 
and 
‘‘(vi) $250,000,000 for fiscal year 2021. 
‘‘(B) INSTALLATION
OF
PROTECTIVE
DE-
VICES.—At least 1⁄2 of the funds set aside each 
fiscal year under subparagraph (A) shall be 
available for the installation of protective devices 
at railway-highway crossings. 
‘‘(C) OBLIGATION AVAILABILITY.—Sums set 
aside each fiscal year under subparagraph (A) 
shall be available for obligation in the same 
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manner as funds apportioned under section 
104(b)(1) of this title.’’. 
SEC. 1108. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
(a) DEFINITIONS.— 
(1) IN
GENERAL.—Section 148(a) of title 23, 
United States Code, is amended— 
(A) in paragraph (4)(B)— 
(i) in the matter preceding clause (i), 
by striking ‘‘includes, but is not limited to,’’ 
and inserting ‘‘only includes’’; and 
(ii) by adding at the end the following: 
‘‘(xxv) Installation of vehicle-to-infra-
structure communication equipment. 
‘‘(xxvi) Pedestrian hybrid beacons. 
‘‘(xxvii) Roadway improvements that 
provide separation between pedestrians and 
motor vehicles, including medians and pe-
destrian crossing islands. 
‘‘(xxviii) A physical infrastructure 
safety project not described in clauses (i) 
through (xxvii).’’; 
(B) by striking paragraph (10); and 
(C) by redesignating paragraphs (11) 
through (13) as paragraphs (10) through (12), 
respectively. 
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(2) CONFORMING AMENDMENTS.—Section 148 of 
title 23, United States Code, is amended— 
(A) in subsection (c)(1)(A) by striking ‘‘sub-
sections (a)(12)’’ and inserting ‘‘subsections 
(a)(11)’’; and 
(B) in subsection (d)(2)(B)(i) by striking 
‘‘subsection (a)(12)’’ and inserting ‘‘subsection 
(a)(11)’’. 
(b) DATA COLLECTION.—Section 148(f) of title 23, 
United States Code, is amended by adding at the end the 
following: 
‘‘(3) PROCESS.—The Secretary shall establish a 
process to allow a State to cease to collect the subset 
referred to in paragraph (2)(A) for public roads that 
are gravel roads or otherwise unpaved if— 
‘‘(A) the State does not use funds provided 
to carry out this section for a project on such 
roads until the State completes a collection of the 
required model inventory of roadway elements 
for the roads; and 
‘‘(B) the State demonstrates that the State 
consulted with affected Indian tribes before ceas-
ing to collect data with respect to such roads that 
are included in the National Tribal Transpor-
tation Facility Inventory. 
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‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (3) may be construed to allow a State to 
cease data collection related to serious injuries or fa-
talities.’’. 
(c) RURAL ROAD SAFETY.—Section 148(g)(1) of title 
23, United States Code, is amended— 
(1) by striking ‘‘If the fatality rate’’ and insert-
ing the following: 
‘‘(A) IN
GENERAL.—If the fatality rate’’; 
and 
(2) by adding at the end the following: 
‘‘(B) FATALITIES EXCEEDING THE MEDIAN 
RATE.—If the fatality rate on rural roads in a 
State, for the most recent 2-year period for which 
data is available, is more than the median fatal-
ity rate for rural roads among all States for 
such 2-year period, the State shall be required to 
demonstrate, in the subsequent State strategic 
highway safety plan of the State, strategies to 
address fatalities and achieve safety improve-
ments on high risk rural roads.’’. 
(d) COMMERCIAL MOTOR VEHICLE SAFETY BEST 
PRACTICES.— 
(1) REVIEW.—The Secretary shall conduct a re-
view of best practices with respect to the implementa-
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tion of roadway safety infrastructure improvements 
that— 
(A) are cost effective; and 
(B) reduce the number or severity of acci-
dents involving commercial motor vehicles. 
(2) CONSULTATION.—In conducting the review 
under paragraph (1), the Secretary shall consult with 
State transportation departments and units of local 
government. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall sub-
mit to the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate, and make available on the public Internet 
Web site of the Department, a report describing the 
results of the review conducted under paragraph (1). 
SEC. 1109. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM. 
(a) ELIGIBLE PROJECTS.—Section 149(b) of title 23, 
United States Code, is amended— 
(1) in paragraph (7) by striking ‘‘or’’ at the end; 
(2) in paragraph (8) by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
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‘‘(9) if the project or program is for the installa-
tion of vehicle-to-infrastructure communication equip-
ment.’’. 
(b) STATES FLEXIBILITY.—Section 149(d) of title 23, 
United States Code, is amended to read as follows: 
‘‘(d) STATES FLEXIBILITY.— 
‘‘(1) 
STATES
WITHOUT
A
NONATTAINMENT 
AREA.—If a State does not have, and never has had, 
a nonattainment area designated under the Clean Air 
Act (42 U.S.C. 7401 et seq.), the State may use funds 
apportioned to the State under section 104(b)(4) for 
any project in the State that— 
‘‘(A) would otherwise be eligible under sub-
section (b) if the project were carried out in a 
nonattainment or maintenance area; or 
‘‘(B) is eligible under the surface transpor-
tation block grant program under section 133. 
‘‘(2) STATES WITH A NONATTAINMENT AREA.— 
‘‘(A) IN GENERAL.—If a State has a non-
attainment area or maintenance area and re-
ceived funds in fiscal year 2009 under section 
104(b)(2)(D), as in effect on the day before the 
date of enactment of the MAP–21, above the 
amount of funds that the State would have re-
ceived based on the nonattainment and mainte-
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nance area population of the State under sub-
paragraphs (B) and (C) of section 104(b)(2), as 
in effect on the day before the date of enactment 
of the MAP–21, the State may use, for any 
project that would otherwise be eligible under 
subsection (b) if the project were carried out in 
a nonattainment or maintenance area or is eli-
gible under the surface transportation block 
grant program under section 133, an amount of 
funds apportioned to such State under section 
104(b)(4) that is equal to the product obtained 
by multiplying— 
‘‘(i) the amount apportioned to such 
State under section 104(b)(4) (excluding the 
amounts reserved for obligation under sub-
section (k)(1)); by 
‘‘(ii) the ratio calculated under sub-
paragraph (B). 
‘‘(B) RATIO.—For purposes of this para-
graph, the ratio shall be calculated as the pro-
portion that— 
‘‘(i) the amount for fiscal year 2009 
such State was permitted by section 
149(c)(2), as in effect on the day before the 
date of enactment of the MAP–21, to obli-
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gate in any area of the State for projects el-
igible under section 133, as in effect on the 
day before the date of enactment of the 
MAP–21; bears to 
‘‘(ii) the total apportionment to such 
State for fiscal year 2009 under section 
104(b)(2), as in effect on the day before the 
date of enactment of the MAP–21. 
‘‘(3) CHANGES IN DESIGNATION.—If a new non-
attainment area is designated or a previously des-
ignated nonattainment area is redesignated as an at-
tainment area in a State under the Clean Air Act (42 
U.S.C. 7401 et seq.), the Secretary shall modify, in a 
manner consistent with the approach that was in ef-
fect on the day before the date of enactment of MAP– 
21, the amount such State is permitted to obligate in 
any area of the State for projects eligible under sec-
tion 133.’’. 
(c) PRIORITY CONSIDERATION.—Section 149(g)(3) of 
title 23, United States Code, is amended to read as follows: 
‘‘(3) PRIORITY CONSIDERATION.— 
‘‘(A) IN GENERAL.—In distributing funds 
received for congestion mitigation and air qual-
ity projects and programs from apportionments 
under section 104(b)(4) in areas designated as 
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nonattainment or maintenance for PM2.5 under 
the Clean Air Act (42 U.S.C. 7401 et seq.) and 
where regional motor vehicle emissions are not 
an insignificant contributor to the air quality 
problem for PM2.5, States and metropolitan 
planning organizations shall give priority to 
projects, including diesel retrofits, that are prov-
en to reduce direct emissions of PM2.5. 
‘‘(B) USE OF FUNDING.—To the maximum 
extent practicable, funding used in an area de-
scribed in subparagraph (A) shall be used on the 
most cost-effective projects and programs that are 
proven to reduce directly emitted fine particulate 
matter.’’. 
(d) PRIORITY FOR USE OF FUNDS IN PM2.5 AREAS.— 
Section 149(k) of title 23, United States Code, is amend-
ed— 
(1) in paragraph (1) by striking ‘‘such fine par-
ticulate’’ and inserting ‘‘directly emitted fine particu-
late’’; and 
(2) by adding at the end the following: 
‘‘(3) PM2.5 NONATTAINMENT AND MAINTENANCE 
IN LOW POPULATION DENSITY STATES.— 
‘‘(A) EXCEPTION.—For any State with a 
population density of 80 or fewer persons per 
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square mile of land area, based on the most re-
cent decennial census, subsection (g)(3) and 
paragraphs (1) and (2) of this subsection do not 
apply to a nonattainment or maintenance area 
in the State if— 
‘‘(i) the nonattainment or maintenance 
area does not have projects that are part of 
the emissions analysis of a metropolitan 
transportation plan or transportation im-
provement program; and 
‘‘(ii) regional motor vehicle emissions 
are an insignificant contributor to the air 
quality problem for PM2.5 in the non-
attainment or maintenance area. 
‘‘(B) CALCULATION.—If subparagraph (A) 
applies to a nonattainment or maintenance area 
in a State, the percentage of the PM2.5 set aside 
under paragraph (1) shall be reduced for that 
State proportionately based on the weighted pop-
ulation of the area in fine particulate matter 
nonattainment.’’. 
(e) PERFORMANCE PLAN.—Section 149(l)(1)(B) of 
title 23, United States Code, is amended by inserting ‘‘emis-
sion and congestion reduction’’ after ‘‘achieving the’’. 
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SEC. 1110. NATIONAL HIGHWAY FREIGHT POLICY. 
(a) IN GENERAL.—Section 167 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 167. National highway freight policy 
‘‘(a) IN GENERAL.—It is the policy of the United 
States to improve the condition and performance of the Na-
tional Highway Freight Network established under this sec-
tion to ensure that the Network provides a foundation for 
the United States to compete in the global economy and 
achieve the goals described in subsection (b). 
‘‘(b) GOALS.—The goals of the national highway 
freight policy are— 
‘‘(1) to invest in infrastructure improvements 
and to implement operational improvements that— 
‘‘(A) strengthen the contribution of the Na-
tional Highway Freight Network to the economic 
competitiveness of the United States; 
‘‘(B) reduce congestion and bottlenecks on 
the National Highway Freight Network; and 
‘‘(C) increase productivity, particularly for 
domestic industries and businesses that create 
high-value jobs; 
‘‘(2) to improve the safety, security, and resil-
ience of highway freight transportation; 
‘‘(3) to improve the state of good repair of the 
National Highway Freight Network; 
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‘‘(4) to use innovation and advanced technology 
to improve the safety, efficiency, and reliability of the 
National Highway Freight Network; 
‘‘(5) to improve the economic efficiency of the 
National Highway Freight Network; 
‘‘(6) to improve the short and long distance 
movement of goods that— 
‘‘(A) travel across rural areas between pop-
ulation centers; and 
‘‘(B) travel between rural areas and popu-
lation centers; 
‘‘(7) to improve the flexibility of States to sup-
port multi-State corridor planning and the creation 
of multi-State organizations to increase the ability of 
States to address highway freight connectivity; and 
‘‘(8) to reduce the environmental impacts of 
freight movement on the National Highway Freight 
Network. 
‘‘(c) 
ESTABLISHMENT
OF
NATIONAL
HIGHWAY 
FREIGHT NETWORK.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a National Highway Freight Network in accordance 
with this section to strategically direct Federal re-
sources and policies toward improved performance of 
the Network. 
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‘‘(2) NETWORK
COMPONENTS.—The National 
Highway Freight Network shall consist of— 
‘‘(A) the Interstate System; 
‘‘(B) non-Interstate highway segments on 
the 41,000-mile comprehensive primary freight 
network developed by the Secretary under section 
167(d) as in effect on the day before the date of 
enactment of the Surface Transportation Reau-
thorization and Reform Act of 2015; and 
‘‘(C) additional non-Interstate highway seg-
ments designated by the States under subsection 
(d). 
‘‘(d) STATE ADDITIONS TO NETWORK.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Surface Transportation 
Reauthorization and Reform Act of 2015, each State, 
in consultation with the State freight advisory com-
mittee, may increase the number of miles designated 
as part of the National Highway Freight Network by 
not more than 10 percent of the miles designated in 
that State under subparagraphs (A) and (B) of sub-
section (c)(2) if the additional miles— 
‘‘(A) close gaps between segments of the Na-
tional Highway Freight Network; 
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‘‘(B) establish connections from the Na-
tional Highway Freight Network to critical fa-
cilities for the efficient movement of freight, in-
cluding ports, freight railroads, international 
border crossings, airports, intermodal facilities, 
warehouse and logistics centers, and agricultural 
facilities; or 
‘‘(C) are part of critical emerging freight 
corridors or critical commerce corridors. 
‘‘(2) SUBMISSION.—Each State shall— 
‘‘(A) submit to the Secretary a list of the 
additional miles added under this subsection; 
and 
‘‘(B) certify that the additional miles meet 
the requirements of paragraph (1). 
‘‘(e) REDESIGNATION.— 
‘‘(1) REDESIGNATION BY SECRETARY.— 
‘‘(A) IN GENERAL.—Effective beginning 5 
years after the date of enactment of the Surface 
Transportation Reauthorization and Reform Act 
of 2015, and every 5 years thereafter, the Sec-
retary shall redesignate the highway segments 
designated by the Secretary under subsection 
(c)(2)(B) that are on the National Highway 
Freight Network. 
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‘‘(B) CONSIDERATIONS.—In redesignating 
highway segments under subparagraph (A), the 
Secretary shall consider— 
‘‘(i) changes in the origins and des-
tinations of freight movements in the 
United States; 
‘‘(ii) changes in the percentage of an-
nual average daily truck traffic in the an-
nual average daily traffic on principal arte-
rials; 
‘‘(iii) changes in the location of key fa-
cilities; 
‘‘(iv) critical emerging freight cor-
ridors; and 
‘‘(v) network connectivity. 
‘‘(C) 
LIMITATION.—Each 
redesignation 
under subparagraph (A) may increase the mile-
age on the National Highway Freight Network 
designated by the Secretary by not more than 3 
percent. 
‘‘(2) REDESIGNATION BY STATES.— 
‘‘(A) IN GENERAL.—Effective beginning 5 
years after the date of enactment of the Surface 
Transportation Reauthorization and Reform Act 
of 2015, and every 5 years thereafter, each State 
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may, in consultation with the State freight advi-
sory committee, redesignate the highway seg-
ments designated by the State under subsection 
(c)(2)(C) that are on the National Highway 
Freight Network. 
‘‘(B) CONSIDERATIONS.—In redesignating 
highway segments under subparagraph (A), the 
State shall consider— 
‘‘(i) gaps between segments of the Na-
tional Highway Freight Network; 
‘‘(ii) needed connections from the Na-
tional Highway Freight Network to critical 
facilities for the efficient movement of 
freight, including ports, freight railroads, 
international border crossings, airports, 
intermodal facilities, warehouse and logis-
tics centers, and agricultural facilities; and 
‘‘(iii) critical emerging freight cor-
ridors or critical commerce corridors. 
‘‘(C) 
LIMITATION.—Each 
redesignation 
under subparagraph (A) may increase the mile-
age on the National Highway Freight Network 
designated by the State by not more than 3 per-
cent. 
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‘‘(D) RESUBMISSION.—Each State, under 
the advisement of the State freight advisory com-
mittee, shall— 
‘‘(i) submit to the Secretary a list of 
the miles redesignated under this para-
graph; and 
‘‘(ii) certify that the redesignated miles 
meet the requirements of subsection (d)(1).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by striking 
the item relating to section 167 and inserting the following: 
‘‘167. National highway freight policy.’’. 
SEC. 1111. NATIONALLY SIGNIFICANT FREIGHT AND HIGH-
WAY PROJECTS. 
(a) IN GENERAL.—Title 23, United States Code, is 
amended by inserting after section 116 the following: 
‘‘§ 117. Nationally significant freight and highway 
projects 
‘‘(a) ESTABLISHMENT.—There is established a nation-
ally significant freight and highway projects program to 
provide financial assistance for projects of national or re-
gional significance that will— 
‘‘(1) improve the safety, efficiency, and reli-
ability of the movement of freight and people; 
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‘‘(2) generate national or regional economic ben-
efits and an increase in the global economic competi-
tiveness of the United States; 
‘‘(3) reduce highway congestion and bottlenecks; 
‘‘(4) improve connectivity between modes of 
freight transportation; or 
‘‘(5) enhance the strength, durability, and serv-
iceability of critical highway infrastructure. 
‘‘(b) GRANT AUTHORITY.—In carrying out the pro-
gram established in subsection (a), the Secretary may make 
grants, on a competitive basis, in accordance with this sec-
tion. 
‘‘(c) ELIGIBLE APPLICANTS.— 
‘‘(1) IN GENERAL.—The Secretary may make a 
grant under this section to the following: 
‘‘(A) A State or group of States. 
‘‘(B) A metropolitan planning organization 
that serves an urbanized area (as defined by the 
Bureau of the Census) with a population of more 
than 200,000 individuals. 
‘‘(C) A unit of local government. 
‘‘(D) A special purpose district or public 
authority with a transportation function, includ-
ing a port authority. 
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‘‘(E) A Federal land management agency 
that applies jointly with a State or group of 
States. 
‘‘(2) APPLICATIONS.—To be eligible for a grant 
under this section, an entity specified in paragraph 
(1) shall submit to the Secretary an application in 
such form, at such time, and containing such infor-
mation as the Secretary determines is appropriate. 
‘‘(d) ELIGIBLE PROJECTS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (h), the Secretary may make a grant under 
this section only for a project that— 
‘‘(A) is— 
‘‘(i) a freight project carried out on the 
National Highway Freight Network estab-
lished under section 167 of this title; 
‘‘(ii) a highway or bridge project car-
ried out on the National Highway System; 
‘‘(iii) an intermodal or rail freight 
project 
carried 
out 
on 
the 
National 
Multimodal Freight Network established 
under section 70103 of title 49; or 
‘‘(iv) a railway-highway grade cross-
ing or grade separation project; and 
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‘‘(B) has eligible project costs that are rea-
sonably anticipated to equal or exceed the lesser 
of— 
‘‘(i) $100,000,000; or 
‘‘(ii) in the case of a project— 
‘‘(I) located in 1 State, 30 percent 
of the amount apportioned under this 
chapter to the State in the most re-
cently completed fiscal year; or 
‘‘(II) located in more than 1 
State, 50 percent of the amount appor-
tioned under this chapter to the par-
ticipating State with the largest ap-
portionment under this chapter in the 
most recently completed fiscal year. 
‘‘(2) LIMITATION.— 
‘‘(A) 
IN
GENERAL.—Not 
more 
than 
$500,000,000 of the amounts made available for 
grants under this section for fiscal years 2016 
through 2021, in the aggregate, may be used to 
make grants for projects described in paragraph 
(1)(A)(iii) and such a project may only receive 
a grant under this section if— 
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‘‘(i) the project will make a significant 
improvement to freight movements on the 
National Highway Freight Network; and 
‘‘(ii) the Federal share of the project 
funds only elements of the project that pro-
vide public benefits. 
‘‘(B) EXCLUSIONS.—The limitation under 
subparagraph (A) shall— 
‘‘(i) not apply to a railway-highway 
grade crossing or grade separation project; 
and 
‘‘(ii) with respect to a multimodal 
project, shall apply only to the non-highway 
portion or portions of the project. 
‘‘(e) ELIGIBLE PROJECT COSTS.—Grant amounts re-
ceived for a project under this section may be used for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, en-
vironmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
‘‘(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related to 
the project and improvements to the land), environ-
mental mitigation, construction contingencies, acqui-
sition of equipment, and operational improvements. 
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‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 
make a grant for a project described under subsection (d) 
only if the relevant applicant demonstrates that— 
‘‘(1) the project will generate national or re-
gional economic, mobility, or safety benefits; 
‘‘(2) the project will be cost effective; 
‘‘(3) the project will contribute to the accom-
plishment of 1 or more of the national goals described 
under section 150 of this title; 
‘‘(4) the project is based on the results of prelimi-
nary engineering; 
‘‘(5) with respect to related non-Federal finan-
cial commitments— 
‘‘(A) 1 or more stable and dependable 
sources of funding and financing are available to 
construct, maintain, and operate the project; and 
‘‘(B) contingency amounts are available to 
cover unanticipated cost increases; 
‘‘(6) the project cannot be easily addressed using 
other funding available to the project sponsor under 
this chapter; and 
‘‘(7) the project is reasonably expected to begin 
construction not later than 18 months after the date 
of obligation of funds for the project. 
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‘‘(g) ADDITIONAL CONSIDERATIONS.—In making a 
grant under this section, the Secretary shall consider— 
‘‘(1) the extent to which a project utilizes non-
traditional financing, innovative design and con-
struction techniques, or innovative technologies; 
‘‘(2) the amount and source of non-Federal con-
tributions with respect to the proposed project; and 
‘‘(3) the need for geographic diversity among 
grant recipients, including the need for a balance be-
tween the needs of rural and urban communities. 
‘‘(h) RESERVED AMOUNTS.— 
‘‘(1) IN GENERAL.—The Secretary shall reserve 
not less than 10 percent of the amounts made avail-
able for grants under this section each fiscal year to 
make grants for projects described in subsection 
(d)(1)(A)(i) that do not satisfy the minimum thresh-
old under subsection (d)(1)(B). 
‘‘(2) GRANT AMOUNT.—Each grant made under 
this subsection shall be in an amount that is at least 
$5,000,000. 
‘‘(3) PROJECT SELECTION CONSIDERATIONS.—In 
addition to other applicable requirements, in making 
grants under this subsection the Secretary shall con-
sider— 
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‘‘(A) the cost effectiveness of the proposed 
project; and 
‘‘(B) the effect of the proposed project on 
mobility in the State and region in which the 
project is carried out. 
‘‘(4) EXCESS FUNDING.—In any fiscal year in 
which qualified applications for grants under this 
subsection will not allow for the amount reserved 
under paragraph (1) to be fully utilized, the Secretary 
shall use the unutilized amounts to make other grants 
under this section. 
‘‘(5) RURAL AREAS.—The Secretary shall reserve 
not less than 20 percent of the amounts made avail-
able for grants under this section, including the 
amounts made available under paragraph (1), each 
fiscal year to make grants for projects located in 
rural areas. 
‘‘(i) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the cost 
of a project assisted with a grant under this section 
may not exceed 50 percent. 
‘‘(2) NON-FEDERAL SHARE.—Funds apportioned 
to a State under section 104(b)(1) or 104(b)(2) may 
be used to satisfy the non-Federal share of the cost of 
a project for which a grant is made under this section 
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so long as the total amount of Federal funding for the 
project does not exceed 80 percent of project costs. 
‘‘(j) AGREEMENTS TO COMBINE AMOUNTS.—Two or 
more entities specified in subsection (c)(1) may combine, 
pursuant to an agreement entered into by the entities, any 
part of the amounts provided to the entities from grants 
under this section for a project for which the relevant grants 
were made if— 
‘‘(1) the agreement will benefit each entity enter-
ing into the agreement; and 
‘‘(2) the agreement is not in violation of a law 
of any such entity. 
‘‘(k) TREATMENT OF FREIGHT PROJECTS.—Notwith-
standing any other provision of law, a freight project car-
ried out under this section shall be treated as if the project 
is located on a Federal-aid highway. 
‘‘(l) TIFIA PROGRAM.—At the request of an eligible 
applicant under this section, the Secretary may use 
amounts awarded to the entity to pay subsidy and adminis-
trative costs necessary to provide the entity Federal credit 
assistance under chapter 6 with respect to the project for 
which the grant was awarded. 
‘‘(m) CONGRESSIONAL NOTIFICATION.— 
‘‘(1) NOTIFICATION.—At least 60 days before 
making a grant for a project under this section, the 
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Secretary shall notify, in writing, the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment 
and Public Works of the Senate of the proposed grant. 
The notification shall include an evaluation and jus-
tification for the project and the amount of the pro-
posed grant award. 
‘‘(2) CONGRESSIONAL
DISAPPROVAL.—The Sec-
retary may not make a grant or any other obligation 
or commitment to fund a project under this section 
if a joint resolution is enacted disapproving funding 
for the project before the last day of the 60-day period 
described in paragraph (1).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by inserting 
after the item relating to section 116 the following: 
‘‘117. Nationally significant freight and highway projects.’’. 
(c) REPEAL.—Section 1301 of SAFETEA–LU (23 
U.S.C. 101 note), and the item relating to that section in 
the table of contents in section 1(b) of such Act, are repealed. 
SEC. 1112. TERRITORIAL AND PUERTO RICO HIGHWAY PRO-
GRAM. 
Section 165(a) of title 23, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘$150,000,000’’ 
and inserting ‘‘$158,000,000’’; and 
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(2) in paragraph (2) by striking ‘‘$40,000,000’’ 
and inserting ‘‘$42,000,000’’. 
SEC. 1113. FEDERAL LANDS AND TRIBAL TRANSPORTATION 
PROGRAM. 
Section 201(c)(6) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(C) TRIBAL DATA COLLECTION.—In addi-
tion to the data to be collected under subpara-
graph (A), not later than 90 days after the last 
day of each fiscal year, any entity carrying out 
a project under the tribal transportation pro-
gram under section 202 shall submit to the Sec-
retary and the Secretary of the Interior, based on 
obligations and expenditures under the tribal 
transportation program during the preceding fis-
cal year, the following data: 
‘‘(i) The names of projects and activi-
ties carried out by the entity under the trib-
al transportation program during the pre-
ceding fiscal year. 
‘‘(ii) A description of the projects and 
activities identified under clause (i). 
‘‘(iii) The current status of the projects 
and activities identified under clause (i). 
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‘‘(iv) An estimate of the number of jobs 
created and the number of jobs retained by 
the projects and activities identified under 
clause (i).’’. 
SEC. 1114. TRIBAL TRANSPORTATION PROGRAM. 
Section 202(a)(6) of title 23, United States Code, is 
amended by striking ‘‘6 percent’’ and inserting ‘‘5 percent’’. 
SEC. 1115. FEDERAL LANDS TRANSPORTATION PROGRAM. 
Section 203 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)(1)(B) by striking ‘‘oper-
ation’’ and inserting ‘‘capital, operations,’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(B)— 
(i) in clause (iv) by striking ‘‘and’’ at 
the end; 
(ii) in clause (v) by striking the period 
at the end and inserting a semicolon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(vi) the Bureau of Reclamation; and 
‘‘(vii) independent Federal agencies 
with natural resource and land manage-
ment responsibilities.’’; and 
(B) in paragraph (2)(B)— 
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(i) in the matter preceding clause (i) 
by inserting ‘‘performance management, in-
cluding’’ after ‘‘support’’; and 
(ii) in clause (i)(II) by striking ‘‘, 
and’’ and inserting ‘‘; and’’; and 
(3) in subsection (c)(2)(B) by adding at the end 
the following: 
‘‘(vi) The Bureau of Reclamation.’’. 
SEC. 1116. TRIBAL TRANSPORTATION SELF-GOVERNANCE 
PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United States 
Code, is amended by inserting after section 206 the fol-
lowing: 
‘‘SEC. 207. TRIBAL TRANSPORTATION SELF-GOVERNANCE 
PROGRAM. 
‘‘(a) ESTABLISHMENT.—Subject to the requirements of 
this section, the Secretary shall establish and carry out a 
program to be known as the tribal transportation self-gov-
ernance program. The Secretary may delegate responsibil-
ities for administration of the program as the Secretary de-
termines appropriate. 
‘‘(b) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), an Indian tribe shall be eligible to partici-
pate in the program if the Indian tribe requests par-
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ticipation in the program by resolution or other offi-
cial action by the governing body of the Indian tribe, 
and demonstrates, for the preceding 3 fiscal years, fi-
nancial stability and financial management capa-
bility, and transportation program management ca-
pability. 
‘‘(2) CRITERIA
FOR
DETERMINING
FINANCIAL 
STABILITY AND FINANCIAL MANAGEMENT CAPACITY.— 
For the purposes of paragraph (1), evidence that, dur-
ing the preceding 3 fiscal years, an Indian tribe had 
no uncorrected significant and material audit excep-
tions in the required annual audit of the Indian 
tribe’s self-determination contracts or self-governance 
funding agreements with any Federal agency shall be 
conclusive evidence of the required financial stability 
and financial management capability. 
‘‘(3) CRITERIA
FOR
DETERMINING
TRANSPOR-
TATION
PROGRAM
MANAGEMENT
CAPABILITY.—The 
Secretary shall require an Indian tribe to dem-
onstrate transportation program management capa-
bility, including the capability to manage and com-
plete projects eligible under this title and projects eli-
gible under chapter 53 of title 49, to gain eligibility 
for the program. 
‘‘(c) COMPACTS.— 
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‘‘(1) COMPACT REQUIRED.—Upon the request of 
an eligible Indian tribe, and subject to the require-
ments of this section, the Secretary shall negotiate 
and enter into a written compact with the Indian 
tribe for the purpose of providing for the participa-
tion of the Indian tribe in the program. 
‘‘(2) CONTENTS.—A compact entered into under 
paragraph (1) shall set forth the general terms of the 
government-to-government relationship between the 
Indian tribe and the United States under the pro-
gram and other terms that will continue to apply in 
future fiscal years. 
‘‘(3) AMENDMENTS.—A compact entered into 
with an Indian tribe under paragraph (1) may be 
amended only by mutual agreement of the Indian 
tribe and the Secretary. 
‘‘(d) ANNUAL FUNDING AGREEMENTS.— 
‘‘(1) FUNDING
AGREEMENT
REQUIRED.—After 
entering into a compact with an Indian tribe under 
subsection (c), the Secretary shall negotiate and enter 
into a written annual funding agreement with the In-
dian tribe. 
‘‘(2) CONTENTS.— 
‘‘(A) IN GENERAL.— 
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‘‘(i) FORMULA FUNDING AND DISCRE-
TIONARY
GRANTS.—A funding agreement 
entered into with an Indian tribe shall au-
thorize the Indian tribe, as determined by 
the Indian tribe, to plan, conduct, consoli-
date, administer, and receive full tribal 
share funding, tribal transit formula fund-
ing, and funding to tribes from discre-
tionary and competitive grants adminis-
tered by the Department for all programs, 
services, functions, and activities (or por-
tions thereof) that are made available to In-
dian tribes to carry out tribal transpor-
tation programs and programs, services, 
functions, and activities (or portions there-
of) administered by the Secretary that are 
otherwise available to Indian tribes. 
‘‘(ii) TRANSFERS OF STATE FUNDS.— 
‘‘(I) INCLUSION OF TRANSFERRED 
FUNDS
IN
FUNDING
AGREEMENT.—A 
funding agreement entered into with 
an Indian tribe shall include Federal- 
aid funds apportioned to a State under 
chapter 1 if the State elects to provide 
a portion of such funds to the Indian 
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tribe for a project eligible under section 
202(a). 
‘‘(II) METHOD FOR TRANSFERS.— 
If a State elects to provide funds de-
scribed in subclause (I) to an Indian 
tribe, the State shall transfer the funds 
back to the Secretary and the Secretary 
shall transfer the funds to the Indian 
tribe in accordance with this section. 
‘‘(III) 
RESPONSIBILITY
FOR 
TRANSFERRED
FUNDS.—Notwith-
standing any other provision of law, if 
a State provides funds described in 
subclause (I) to an Indian tribe— 
‘‘(aa) the State shall not be 
responsible for constructing or 
maintaining a project carried out 
using the funds or for admin-
istering or supervising the project 
or funds during the applicable 
statute of limitations period re-
lated to the construction of the 
project; and 
‘‘(bb) the Indian tribe shall 
be responsible for constructing 
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and maintaining a project carried 
out using the funds and for ad-
ministering and supervising the 
project and funds in accordance 
with this section during the appli-
cable statute of limitations period 
related to the construction of the 
project. 
‘‘(B) 
ADMINISTRATION
OF
TRIBAL 
SHARES.—The tribal shares referred to in sub-
paragraph (A) shall be provided without regard 
to the agency or office of the Department within 
which the program, service, function, or activity 
(or portion thereof) is performed. 
‘‘(C) FLEXIBLE
AND
INNOVATIVE
FINANC-
ING.— 
‘‘(i) IN GENERAL.—A funding agree-
ment entered into with an Indian tribe 
under paragraph (1) shall include provi-
sions pertaining to flexible and innovative 
financing if agreed upon by the parties. 
‘‘(ii) TERMS AND CONDITIONS.— 
‘‘(I) AUTHORITY TO ISSUE REGU-
LATIONS.—The Secretary may issue 
regulations to establish the terms and 
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conditions relating to the flexible and 
innovative financing provisions re-
ferred to in clause (i). 
‘‘(II) TERMS AND CONDITIONS IN 
ABSENCE
OF
REGULATIONS.—If the 
Secretary does not issue regulations 
under subclause (I), the terms and con-
ditions relating to the flexible and in-
novative financing provisions referred 
to in clause (i) shall be consistent 
with— 
‘‘(aa) 
agreements 
entered 
into by the Department under— 
‘‘(AA) section 202(b)(7); 
and 
‘‘(BB) section 202(d)(5), 
as in effect before the date of 
enactment of MAP–21 (Pub-
lic Law 112–141); or 
‘‘(bb) regulations of the De-
partment of the Interior relating 
to flexible financing contained in 
part 170 of title 25, Code of Fed-
eral Regulations, as in effect on 
the date of enactment of the Sur-
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face Transportation Reauthoriza-
tion and Reform Act of 2015. 
‘‘(3) TERMS.—A funding agreement shall set 
forth— 
‘‘(A) terms that generally identify the pro-
grams, services, functions, and activities (or por-
tions thereof) to be performed or administered by 
the Indian tribe; and 
‘‘(B) for items identified in subparagraph 
(A)— 
‘‘(i) the general budget category as-
signed; 
‘‘(ii) the funds to be provided, includ-
ing those funds to be provided on a recur-
ring basis; 
‘‘(iii) the time and method of transfer 
of the funds; 
‘‘(iv) the responsibilities of the Sec-
retary and the Indian tribe; and 
‘‘(v) any other provision agreed to by 
the Indian tribe and the Secretary. 
‘‘(4) SUBSEQUENT FUNDING AGREEMENTS.— 
‘‘(A) APPLICABILITY OF EXISTING AGREE-
MENT.—Absent notification from an Indian tribe 
that the Indian tribe is withdrawing from or ret-
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roceding the operation of 1 or more programs, 
services, functions, or activities (or portions 
thereof) identified in a funding agreement, or 
unless otherwise agreed to by the parties, each 
funding agreement shall remain in full force and 
effect until a subsequent funding agreement is ex-
ecuted. 
‘‘(B) EFFECTIVE
DATE
OF
SUBSEQUENT 
AGREEMENT.—The terms of the subsequent fund-
ing agreement shall be retroactive to the end of 
the term of the preceding funding agreement. 
‘‘(5) CONSENT OF INDIAN TRIBE REQUIRED.— 
The Secretary shall not revise, amend, or require ad-
ditional terms in a new or subsequent funding agree-
ment without the consent of the Indian tribe that is 
subject to the agreement unless such terms are re-
quired by Federal law. 
‘‘(e) GENERAL PROVISIONS.— 
‘‘(1) REDESIGN AND CONSOLIDATION.— 
‘‘(A) IN
GENERAL.—An Indian tribe, in 
any manner that the Indian tribe considers to be 
in the best interest of the Indian community 
being served, may— 
‘‘(i) redesign or consolidate programs, 
services, functions, and activities (or por-
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tions thereof) included in a funding agree-
ment; and 
‘‘(ii) reallocate or redirect funds for 
such programs, services, functions, and ac-
tivities (or portions thereof), if the funds 
are— 
‘‘(I) expended on projects identi-
fied in a transportation improvement 
program approved by the Secretary; 
and 
‘‘(II) used in accordance with the 
requirements in— 
‘‘(aa) appropriations Acts; 
‘‘(bb) this title and chapter 
53 of title 49; and 
‘‘(cc) any other applicable 
law. 
‘‘(B) EXCEPTION.—Notwithstanding sub-
paragraph (A), if, pursuant to subsection (d), an 
Indian tribe receives a discretionary or competi-
tive grant from the Secretary or receives State 
apportioned funds, the Indian tribe shall use the 
funds for the purpose for which the funds were 
originally authorized. 
‘‘(2) RETROCESSION.— 
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‘‘(A) IN GENERAL.— 
‘‘(i) AUTHORITY OF INDIAN TRIBES.— 
An Indian tribe may retrocede (fully or 
partially) to the Secretary programs, serv-
ices, functions, or activities (or portions 
thereof) included in a compact or funding 
agreement. 
‘‘(ii) REASSUMPTION
OF
REMAINING 
FUNDS.—Following a retrocession described 
in clause (i), the Secretary may— 
‘‘(I) 
reassume 
the 
remaining 
funding associated with the retroceded 
programs, functions, services, and ac-
tivities (or portions thereof) included 
in the applicable compact or funding 
agreement; 
‘‘(II) out of such remaining funds, 
transfer funds associated with Depart-
ment of Interior programs, services, 
functions, or activities (or portions 
thereof) to the Secretary of the Interior 
to carry out transportation services 
provided by the Secretary of the Inte-
rior; and 
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‘‘(III) distribute funds not trans-
ferred under subclause (II) in accord-
ance with applicable law. 
‘‘(iii) CORRECTION OF PROGRAMS.—If 
the Secretary makes a finding under sub-
section (f)(2)(B) and no funds are available 
under subsection (f)(2)(A)(ii), the Secretary 
shall not be required to provide additional 
funds to complete or correct any programs, 
functions, services, or activities (or portions 
thereof). 
‘‘(B) EFFECTIVE DATE.—Unless the Indian 
tribe rescinds a request for retrocession, the ret-
rocession shall become effective within the time-
frame specified by the parties in the compact or 
funding agreement. In the absence of such a spec-
ification, the retrocession shall become effective 
on— 
‘‘(i) the earlier of— 
‘‘(I) 1 year after the date of sub-
mission of the request; or 
‘‘(II) the date on which the fund-
ing agreement expires; or 
‘‘(ii) such date as may be mutually 
agreed upon by the parties and, with re-
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spect to Department of the Interior pro-
grams, functions, services, and activities (or 
portions thereof), the Secretary of the Inte-
rior. 
‘‘(f) PROVISIONS RELATING TO SECRETARY.— 
‘‘(1) DECISIONMAKER.—A decision that relates 
to an appeal of the rejection of a final offer by the 
Department shall be made either— 
‘‘(A) by an official of the Department who 
holds a position at a higher organizational level 
within the Department than the level of the de-
partmental agency in which the decision that is 
the subject of the appeal was made; or 
‘‘(B) by an administrative judge. 
‘‘(2) TERMINATION
OF
COMPACT
OR
FUNDING 
AGREEMENT.— 
‘‘(A) AUTHORITY TO TERMINATE.— 
‘‘(i) PROVISION TO BE INCLUDED IN 
COMPACT
OR
FUNDING
AGREEMENT.—A 
compact or funding agreement shall include 
a provision authorizing the Secretary, if the 
Secretary makes a finding described in sub-
paragraph (B), to— 
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‘‘(I) terminate the compact or 
funding agreement (or a portion there-
of); and 
‘‘(II) reassume the remaining 
funding associated with the reassumed 
programs, functions, services, and ac-
tivities included in the compact or 
funding agreement. 
‘‘(ii) TRANSFERS OF FUNDS.—Out of 
any funds reassumed under clause (i)(II), 
the Secretary may transfer the funds associ-
ated with Department of the Interior pro-
grams, functions, services, and activities (or 
portions thereof) to the Secretary of the In-
terior to provide continued transportation 
services in accordance with applicable law. 
‘‘(B) FINDINGS
RESULTING
IN
TERMI-
NATION.—The finding referred to in subpara-
graph (A) is a specific finding of— 
‘‘(i) imminent jeopardy to a trust 
asset, natural resources, or public health 
and safety that is caused by an act or omis-
sion of the Indian tribe and that arises out 
of a failure to carry out the compact or 
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funding agreement, as determined by the 
Secretary; or 
‘‘(ii) gross mismanagement with re-
spect to funds or programs transferred to 
the Indian tribe under the compact or fund-
ing agreement, as determined by the Sec-
retary in consultation with the Inspector 
General of the Department, as appropriate. 
‘‘(C) PROHIBITION.—The Secretary shall 
not terminate a compact or funding agreement 
(or portion thereof) unless— 
‘‘(i) the Secretary has first provided 
written notice and a hearing on the record 
to the Indian tribe that is subject to the 
compact or funding agreement; and 
‘‘(ii) the Indian tribe has not taken 
corrective action to remedy the mismanage-
ment of funds or programs or the imminent 
jeopardy to a trust asset, natural resource, 
or public health and safety. 
‘‘(D) EXCEPTION.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
subparagraph (C), the Secretary, upon 
written notification to an Indian tribe that 
is subject to a compact or funding agree-
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ment, may immediately terminate the com-
pact or funding agreement (or portion 
thereof) if— 
‘‘(I) the Secretary makes a find-
ing of imminent substantial and irrep-
arable jeopardy to a trust asset, nat-
ural resource, or public health and 
safety; and 
‘‘(II) the jeopardy arises out of a 
failure to carry out the compact or 
funding agreement. 
‘‘(ii) HEARINGS.—If the Secretary ter-
minates a compact or funding agreement 
(or portion thereof) under clause (i), the 
Secretary shall provide the Indian tribe 
subject to the compact or agreement with a 
hearing on the record not later than 10 
days after the date of such termination. 
‘‘(E) BURDEN OF PROOF.—In any hearing 
or appeal involving a decision to terminate a 
compact or funding agreement (or portion there-
of) under this paragraph, the Secretary shall 
have the burden of proof in demonstrating by 
clear and convincing evidence the validity of the 
grounds for the termination. 
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‘‘(g) COST PRINCIPLES.—In administering funds re-
ceived under this section, an Indian tribe shall apply cost 
principles under the applicable Office of Management and 
Budget circular, except as modified by section 450j–1 of 
title 25, other provisions of law, or by any exemptions to 
applicable Office of Management and Budget circulars sub-
sequently granted by the Office of Management and Budget. 
No other audit or accounting standards shall be required 
by the Secretary. Any claim by the Federal Government 
against the Indian tribe relating to funds received under 
a funding agreement based on any audit conducted pursu-
ant to this subsection shall be subject to the provisions of 
section 450j–1(f) of title 25. 
‘‘(h) TRANSFER OF FUNDS.—The Secretary shall pro-
vide funds to an Indian tribe under a funding agreement 
in an amount equal to— 
‘‘(1) the sum of the funding that the Indian tribe 
would otherwise receive for the program, function, 
service, or activity in accordance with a funding for-
mula or other allocation method established under 
this title or chapter 53 of title 49; and 
‘‘(2) such additional amounts as the Secretary 
determines equal the amounts that would have been 
withheld for the costs of the Bureau of Indian Affairs 
for administration of the program or project. 
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‘‘(i) CONSTRUCTION PROGRAMS.— 
‘‘(1) STANDARDS.—Construction projects carried 
out under programs administered by an Indian tribe 
with funds transferred to the Indian tribe pursuant 
to a funding agreement entered into under this sec-
tion shall be constructed pursuant to the construction 
program standards set forth in applicable regulations 
or as specifically approved by the Secretary (or the 
Secretary’s designee). 
‘‘(2) MONITORING.—Construction programs shall 
be monitored by the Secretary in accordance with ap-
plicable regulations. 
‘‘(j) FACILITATION.— 
‘‘(1) SECRETARIAL INTERPRETATION.—Except as 
otherwise provided by law, the Secretary shall inter-
pret all Federal laws, Executive orders, and regula-
tions in a manner that will facilitate— 
‘‘(A) the inclusion of programs, services, 
functions, and activities (or portions thereof) 
and funds associated therewith, in compacts and 
funding agreements; and 
‘‘(B) the implementation of the compacts 
and funding agreements. 
‘‘(2) REGULATION WAIVER.— 
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‘‘(A) IN GENERAL.—An Indian tribe may 
submit to the Secretary a written request to 
waive application of a regulation promulgated 
under this section with respect to a compact or 
funding agreement. The request shall identify the 
regulation sought to be waived and the basis for 
the request. 
‘‘(B) APPROVALS AND DENIALS.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the date of receipt of a written 
request under subparagraph (A), the Sec-
retary shall approve or deny the request in 
writing. 
‘‘(ii) REVIEW.—The Secretary shall re-
view any application by an Indian tribe for 
a waiver bearing in mind increasing oppor-
tunities for using flexible policy approaches 
at the Indian tribal level. 
‘‘(iii) DEEMED APPROVAL.—If the Sec-
retary does not approve or deny a request 
submitted under subparagraph (A) on or be-
fore the last day of the 90-day period re-
ferred to in clause (i), the request shall be 
deemed approved. 
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‘‘(iv) DENIALS.—If the application for 
a waiver is not granted, the agency shall 
provide the applicant with the reasons for 
the denial as part of the written response 
required in clause (i). 
‘‘(v) FINALITY OF DECISIONS.—A deci-
sion by the Secretary under this subpara-
graph shall be final for the Department. 
‘‘(k) DISCLAIMERS.— 
‘‘(1) EXISTING
AUTHORITY.—Notwithstanding 
any other provision of law, upon the election of an 
Indian tribe, the Secretary shall— 
‘‘(A) maintain current tribal transportation 
program funding agreements and program agree-
ments; or 
‘‘(B) enter into new agreements under the 
authority of section 202(b)(7). 
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this section may be construed to 
impair or diminish the authority of the Secretary 
under section 202(b)(7). 
‘‘(l) APPLICABILITY OF INDIAN SELF-DETERMINATION 
AND EDUCATION ASSISTANCE ACT.—Except to the extent 
in conflict with this section (as determined by the Sec-
retary), the following provisions of the Indian Self-Deter-
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mination and Education Assistance Act shall apply to com-
pact and funding agreements (except that any reference to 
the Secretary of the Interior or the Secretary of Health and 
Human Services in such provisions shall be treated as a 
reference to the Secretary of Transportation): 
‘‘(1) Subsections (a), (b), (d), (g), and (h) of sec-
tion 506 of such Act (25 U.S.C. 458aaa–5), relating 
to general provisions. 
‘‘(2) Subsections (b) through (e) and (g) of sec-
tion 507 of such Act (25 U.S.C.458aaa–6), relating to 
provisions relating to the Secretary of Health and 
Human Services. 
‘‘(3) Subsections (a), (b), (d), (e), (g), (h), (i), 
and (k) of section 508 of such Act (25 U.S.C. 458aaa– 
7), relating to transfer of funds. 
‘‘(4) Section 510 of such Act (25 U.S.C. 458aaa- 
9), relating to Federal procurement laws and regula-
tions. 
‘‘(5) Section 511 of such Act (25 U.S.C. 458aaa– 
10), relating to civil actions. 
‘‘(6) Subsections (a)(1), (a)(2), and (c) through 
(f) of section 512 of such Act (25 U.S.C. 458aaa–11), 
relating to facilitation, except that subsection (c)(1) of 
that section shall be applied by substituting ‘trans-
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portation facilities and other facilities’ for ‘school 
buildings, hospitals, and other facilities’. 
‘‘(7) Subsections (a) and (b) of section 515 of 
such Act (25 U.S.C. 458aaa–14), relating to dis-
claimers. 
‘‘(8) Subsections (a) and (b) of section 516 of 
such Act (25 U.S.C. 458aaa–15), relating to applica-
tion of title I provisions. 
‘‘(9) Section 518 of such Act (25 U.S.C. 458aaa– 
17), relating to appeals. 
‘‘(m) DEFINITIONS.— 
‘‘(1) IN GENERAL.—In this section, the following 
definitions apply (except as otherwise expressly pro-
vided): 
‘‘(A) COMPACT.—The term ‘compact’ means 
a compact between the Secretary and an Indian 
tribe entered into under subsection (c). 
‘‘(B) DEPARTMENT.—The term ‘Depart-
ment’ means the Department of Transportation. 
‘‘(C) ELIGIBLE
INDIAN
TRIBE.—The term 
‘eligible Indian tribe’ means an Indian tribe 
that is eligible to participate in the program, as 
determined under subsection (b). 
‘‘(D) FUNDING
AGREEMENT.—The term 
‘funding agreement’ means a funding agreement 
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between the Secretary and an Indian tribe en-
tered into under subsection (d). 
‘‘(E) INDIAN
TRIBE.—The term ‘Indian 
tribe’ means any Indian or Alaska Native tribe, 
band, nation, pueblo, village, or community that 
the Secretary of the Interior acknowledges to 
exist as an Indian tribe under the Federally Rec-
ognized Indian Tribe List Act of 1994 (25 
U.S.C. 479a). In any case in which an Indian 
tribe has authorized another Indian tribe, an 
intertribal consortium, or a tribal organization 
to plan for or carry out programs, services, func-
tions, or activities (or portions thereof) on its be-
half under this part, the authorized Indian tribe, 
intertribal consortium, or tribal organization 
shall have the rights and responsibilities of the 
authorizing Indian tribe (except as otherwise 
provided in the authorizing resolution or in this 
title). In such event, the term ‘Indian tribe’ as 
used in this part shall include such other author-
ized Indian tribe, intertribal consortium, or trib-
al organization. 
‘‘(F) 
PROGRAM.—The 
term 
‘program’ 
means the tribal transportation self-governance 
program established under this section. 
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‘‘(G) SECRETARY.—The term ‘Secretary’ 
means the Secretary of Transportation. 
‘‘(H) TRANSPORTATION
PROGRAMS.—The 
term ‘transportation programs’ means all pro-
grams administered or financed by the Depart-
ment under this title and chapter 53 of title 49. 
‘‘(2) APPLICABILITY OF OTHER DEFINITIONS.— 
In this section, the definitions set forth in sections 4 
and 505 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b; 458aaa) 
apply, except as otherwise expressly provided in this 
section. 
‘‘(n) REGULATIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) PROMULGATION.—Not later than 90 
days after the date of enactment of the Surface 
Transportation Reauthorization and Reform Act 
of 2015, the Secretary shall initiate procedures 
under subchapter III of chapter 5 of title 5 to ne-
gotiate and promulgate such regulations as are 
necessary to carry out this section. 
‘‘(B) PUBLICATION OF PROPOSED REGULA-
TIONS.—Proposed regulations to implement this 
section shall be published in the Federal Register 
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100 
by the Secretary not later than 21 months after 
such date of enactment. 
‘‘(C) EXPIRATION OF AUTHORITY.—The au-
thority to promulgate regulations under para-
graph (1) shall expire 30 months after such date 
of enactment. 
‘‘(D) EXTENSION OF DEADLINES.—A dead-
line set forth in paragraph (1)(B) or (1)(C) may 
be extended up to 180 days if the negotiated rule-
making committee referred to in paragraph (2) 
concludes that the committee cannot meet the 
deadline and the Secretary so notifies the appro-
priate committees of Congress. 
‘‘(2) COMMITTEE.— 
‘‘(A) IN
GENERAL.—A negotiated rule-
making committee established pursuant to sec-
tion 565 of title 5 to carry out this subsection 
shall have as its members only Federal and trib-
al government representatives, a majority of 
whom shall be nominated by and be representa-
tives of Indian tribes with funding agreements 
under this title. 
‘‘(B) REQUIREMENTS.—The committee shall 
confer with, and accommodate participation by, 
representatives of Indian tribes, inter-tribal con-
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101 
sortia, tribal organizations, and individual trib-
al members. 
‘‘(C) ADAPTATION
OF
PROCEDURES.—The 
Secretary shall adapt the negotiated rulemaking 
procedures to the unique context of self-govern-
ance and the government-to-government relation-
ship between the United States and Indian 
tribes. 
‘‘(3) EFFECT.—The lack of promulgated regula-
tions shall not limit the effect of this section. 
‘‘(4) EFFECT OF CIRCULARS, POLICIES, MANU-
ALS, GUIDANCE, AND RULES.—Unless expressly agreed 
to by the participating Indian tribe in the compact 
or funding agreement, the participating Indian tribe 
shall not be subject to any agency circular, policy, 
manual, guidance, or rule adopted by the Depart-
ment, except regulations promulgated under this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by inserting after the item relating to 
section 206 the following: 
‘‘207. Tribal transportation self-governance program.’’. 
SEC. 1117. EMERGENCY RELIEF. 
(a) ELIGIBILITY.—Section 125(d)(3) of title 23, 
United States Code, is amended— 
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102 
(1) in subparagraph (A) by striking ‘‘or’’ at the 
end; 
(2) in subparagraph (B) by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(C) projects eligible for assistance under 
this section located on Federal lands transpor-
tation facilities or other federally owned roads 
that are open to public travel (as defined in sub-
section (e)).’’. 
(b) DEFINITIONS.—Section 125(e) of title 23, United 
States Code, is amended by striking paragraph (1) and in-
serting the following: 
‘‘(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) OPEN TO PUBLIC TRAVEL.—The term 
‘open to public travel’ means, with respect to a 
road, that, except during scheduled periods, ex-
treme weather conditions, or emergencies, the 
road— 
‘‘(i) is maintained; 
‘‘(ii) is open to the general public; and 
‘‘(iii) can accommodate travel by a 
standard passenger vehicle, without restric-
tive gates or prohibitive signs or regula-
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103 
tions, other than for general traffic control 
or restrictions based on size, weight, or class 
of registration. 
‘‘(B) STANDARD PASSENGER VEHICLE.—The 
term ‘standard passenger vehicle’ means a vehi-
cle with 6 inches of clearance from the lowest 
point of the frame, body, suspension, or differen-
tial to the ground.’’. 
SEC. 1118. HIGHWAY USE TAX EVASION PROJECTS. 
Section 143(b) of title 23, United States Code, is 
amended— 
(1) by striking paragraph (2)(A) and inserting 
the following: 
‘‘(A) IN
GENERAL.—From administrative 
funds made available under section 104(a), the 
Secretary may deduct such sums as are nec-
essary, not to exceed $6,000,000 for each of fiscal 
years 2016 through 2021, to carry out this sec-
tion.’’; 
(2) in the heading for paragraph (8) by insert-
ing ‘‘BLOCK
GRANT’’ after ‘‘SURFACE
TRANSPOR-
TATION’’; and 
(3) in paragraph (9) by inserting ‘‘, the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives, and the Committee on En-
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104 
vironment and Public Works of the Senate’’ after ‘‘the 
Secretary’’. 
SEC. 1119. BUNDLING OF BRIDGE PROJECTS. 
Section 144 of title 23, United States Code, is amend-
ed— 
(1) in subsection (c)(2)(A) by striking ‘‘the nat-
ural condition of the bridge’’ and inserting ‘‘the nat-
ural condition of the water’’; 
(2) by redesignating subsection (j) as subsection 
(k); 
(3) by inserting after subsection (i) the following: 
‘‘(j) BUNDLING OF BRIDGE PROJECTS.— 
‘‘(1) PURPOSE.—The purpose of this subsection 
is to save costs and time by encouraging States to 
bundle multiple bridge projects as 1 project. 
‘‘(2) ELIGIBLE ENTITY DEFINED.—In this sub-
section, the term ‘eligible entity’ means an entity eli-
gible to carry out a bridge project under section 119 
or 133. 
‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eli-
gible entity may bundle 2 or more similar bridge 
projects that are— 
‘‘(A) eligible projects under section 119 or 
133; 
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‘‘(B) included as a bundled project in a 
transportation improvement program under sec-
tion 134(j) or a statewide transportation im-
provement program under section 135, as appli-
cable; and 
‘‘(C) awarded to a single contractor or con-
sultant pursuant to a contract for engineering 
and design or construction between the con-
tractor and an eligible entity. 
‘‘(4) ITEMIZATION.—Notwithstanding any other 
provision of law (including regulations), a bundling 
of bridge projects under this subsection may be listed 
as— 
‘‘(A) 1 project for purposes of sections 134 
and 135; and 
‘‘(B) a single project within the applicable 
bundle. 
‘‘(5) 
FINANCIAL
CHARACTERISTICS.—Projects 
bundled under this subsection shall have the same fi-
nancial characteristics, including— 
‘‘(A) the same funding category or sub-
category; and 
‘‘(B) the same Federal share. 
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‘‘(6) ENGINEERING COST REIMBURSEMENT.—The 
provisions of section 102(b) do not apply to projects 
carried out under this subsection.’’; and 
(4) in subsection (k)(2), as redesignated by para-
graph (2) of this section, by striking ‘‘104(b)(3)’’ and 
inserting ‘‘104(b)(2)’’. 
SEC. 1120. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 
Section 1123(h)(1) of MAP–21 (23 U.S.C. 202 note) 
is amended by striking ‘‘fiscal years’’ and all that follows 
through the period at the end and inserting ‘‘fiscal years 
2016 through 2021.’’. 
SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
Section 147(e) of title 23, United States Code, is 
amended by striking ‘‘2013 and 2014’’ and inserting ‘‘2016 
through 2021’’. 
Subtitle B—Planning and 
Performance Management 
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 
Section 134 of title 23, United States Code, is amend-
ed— 
(1) in subsection (c)(2), by striking ‘‘and bicycle 
transportation facilities’’ and inserting ‘‘, bicycle 
transportation facilities, and intermodal facilities 
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that support intercity transportation, including inter-
city buses and intercity bus facilities’’; 
(2) in subsection (d)— 
(A) 
by 
redesignating 
paragraphs 
(3) 
through (6) as paragraphs (4) through (7), re-
spectively; 
(B) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) REPRESENTATION.— 
‘‘(A) IN GENERAL.—Designation or selection 
of officials or representatives under paragraph 
(2) shall be determined by the metropolitan 
planning organization according to the bylaws 
or enabling statute of the organization. 
‘‘(B) PUBLIC TRANSPORTATION REPRESENT-
ATIVE.—Subject to the bylaws or enabling statute 
of the metropolitan planning organization, a 
representative of a provider of public transpor-
tation may also serve as a representative of a 
local municipality. 
‘‘(C) POWERS OF CERTAIN OFFICIALS.—An 
official described in paragraph (2)(B) shall have 
responsibilities, actions, duties, voting rights, 
and any other authority commensurate with 
other officials described in paragraph (2).’’; and 
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(C) in paragraph (5) as so redesignated by 
striking ‘‘paragraph (5)’’ and inserting ‘‘para-
graph (6)’’; 
(3) in subsection (e)(4)(B), by striking ‘‘sub-
section (d)(5)’’ and inserting ‘‘subsection (d)(6)’’; 
(4) in subsection (g)(3)(A), by inserting ‘‘tour-
ism, natural disaster risk reduction,’’ after ‘‘economic 
development,’’; 
(5) in subsection (h)— 
(A) in paragraph (1)— 
(i) in subparagraph (G), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (H) by striking 
the period at the end and inserting a semi-
colon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(I) improve the resilience and reliability of 
the transportation system; and 
‘‘(J) enhance travel and tourism.’’; and 
(B) in paragraph (2)(A) by striking ‘‘and 
in section 5301(c) of title 49’’ and inserting 
‘‘and the general purposes described in section 
5301 of title 49’’; 
(6) in subsection (i)— 
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‘‘(C) CONGESTION MANAGEMENT PLAN.—A 
metropolitan planning organization with a 
transportation management area may develop a 
plan that includes projects and strategies that 
will be considered in the TIP of such metropoli-
tan planning organization. Such plan shall— 
‘‘(i) develop regional goals to reduce 
vehicle miles traveled during peak com-
muting hours and improve transportation 
connections between areas with high job 
concentration and areas with high con-
centrations of low-income households; 
‘‘(ii) identify existing public transpor-
tation services, employer-based commuter 
programs, and other existing transportation 
services that support access to jobs in the re-
gion; and 
‘‘(iii) identify proposed projects and 
programs to reduce congestion and increase 
job access opportunities. 
‘‘(D) PARTICIPATION.—In developing the 
plan under subparagraph (C), a metropolitan 
planning organization shall consult with em-
ployers, private and nonprofit providers of pub-
lic transportation, transportation management 
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organizations, and organizations that provide 
job access reverse commute projects or job-related 
services to low-income individuals.’’; 
(8) in subsection (l)— 
(A) by adding a period at the end of para-
graph (1); and 
(B) in paragraph (2)(D) by striking ‘‘of less 
than 200,000’’ and inserting ‘‘with a population 
of 200,000 or less’’; 
(9) in subsection (n)(1) by inserting ‘‘49’’ after 
‘‘chapter 53 of title’’; and 
(10) in subsection (p) by striking ‘‘Funds set 
aside under section 104(f)’’ and inserting ‘‘Funds ap-
portioned under section 104(b)(5)’’. 
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
Section 135 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)(2) by striking ‘‘and bicycle 
transportation facilities’’ and inserting, ‘‘, bicycle 
transportation facilities, and intermodal facilities 
that support intercity transportation, including inter-
city buses and intercity bus facilities’’; 
(2) in subsection (d)— 
(A) in paragraph (1)— 
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(i) in subparagraph (G) by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (H) by striking 
the period at the end and inserting a semi-
colon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(I) improve the resilience and reliability of 
the transportation system; and 
‘‘(J) enhance travel and tourism.’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A) by striking 
‘‘and in section 5301(c) of title 49’’ and in-
serting ‘‘and the general purposes described 
in section 5301 of title 49’’; 
(ii) in subparagraph (B)(ii) by strik-
ing ‘‘urbanized’’; and 
(iii) in subparagraph (C) by striking 
‘‘urbanized’’; and 
(3) in subsection (f)— 
(A) in paragraph (3)(A)(ii)— 
(i) by inserting ‘‘public ports,’’ before 
‘‘freight shippers,’’; and 
(ii) by inserting ‘‘(including intercity 
bus operators, employer-based commuting 
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programs, such as a carpool program, van-
pool program, transit benefit program, 
parking cash-out program, shuttle program, 
or telework program)’’ after ‘‘private pro-
viders of transportation’’; and 
(B) in paragraph (7), in the matter pre-
ceding subparagraph (A), by striking ‘‘should’’ 
and inserting ‘‘shall’’. 
Subtitle C—Acceleration of Project 
Delivery 
SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CERTAIN 
HISTORIC SITES. 
(a) HIGHWAYS.—Section 138 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘(c) SATISFACTION OF REQUIREMENTS FOR CERTAIN 
HISTORIC SITES.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) align, to the maximum extent prac-
ticable, with the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4231 et seq.) and section 306108 of title 54, in-
cluding implementing regulations; and 
‘‘(B) not later than 90 days after the date 
of enactment of this subsection, coordinate with 
the Secretary of the Interior and the Executive 
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Director of the Advisory Council on Historic 
Preservation (referred to in this subsection as the 
‘Council’) to establish procedures to satisfy the 
requirements described in subparagraph (A) (in-
cluding regulations). 
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 
‘‘(A) IN GENERAL.—If, in an analysis re-
quired under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4231 et seq.), the Sec-
retary determines that there is no feasible or 
prudent alternative to avoid use of a historic 
site, the Secretary may— 
‘‘(i) include the determination of the 
Secretary in the analysis required under 
that Act; 
‘‘(ii) provide a notice of the determina-
tion to— 
‘‘(I) each applicable State historic 
preservation officer and tribal historic 
preservation officer; 
‘‘(II) the Council, if the Council is 
participating in the consultation proc-
ess under section 306108 of title 54; 
and 
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‘‘(III) the Secretary of the Inte-
rior; and 
‘‘(iii) request from the applicable pres-
ervation officer, the Council, and the Sec-
retary of the Interior a concurrence that the 
determination is sufficient to satisfy the re-
quirement of subsection (a)(1). 
‘‘(B) CONCURRENCE.—If the applicable 
preservation officer, the Council, and the Sec-
retary of the Interior each provide a concurrence 
requested under subparagraph (A)(iii), no fur-
ther analysis under subsection (a)(1) shall be re-
quired. 
‘‘(C) PUBLICATION.—A notice of a deter-
mination, together with each relevant concur-
rence to that determination, under subparagraph 
(A) shall be— 
‘‘(i) included in the record of decision 
or finding of no significant impact of the 
Secretary; and 
‘‘(ii) posted on an appropriate Federal 
Web site by not later than 3 days after the 
date of receipt by the Secretary of all con-
currences requested under subparagraph 
(A)(iii). 
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‘‘(3) ALIGNING HISTORICAL REVIEWS.— 
‘‘(A) IN
GENERAL.—If the Secretary, the 
applicable preservation officer, the Council, and 
the Secretary of the Interior concur that no fea-
sible and prudent alternative exists as described 
in paragraph (2), the Secretary may provide to 
the applicable preservation officer, the Council, 
and the Secretary of the Interior notice of the in-
tent of the Secretary to satisfy the requirements 
of subsection (a)(2) through the consultation re-
quirements of section 306108 of title 54. 
‘‘(B) SATISFACTION
OF
CONDITIONS.—To 
satisfy the requirements of subsection (a)(2), each 
individual described in paragraph (2)(A)(ii) 
shall concur in the treatment of the applicable 
historic site described in the memorandum of 
agreement or programmatic agreement developed 
under section 306108 of title 54.’’. 
(b) PUBLIC TRANSPORTATION.—Section 303 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘(e) SATISFACTION OF REQUIREMENTS FOR CERTAIN 
HISTORIC SITES.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
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‘‘(A) align, to the maximum extent prac-
ticable, the requirements of this section with the 
requirements of the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4231 et seq.) and sec-
tion 306108 of title 54, including implementing 
regulations; and 
‘‘(B) not later than 90 days after the date 
of enactment of this subsection, coordinate with 
the Secretary of the Interior and the Executive 
Director of the Advisory Council on Historic 
Preservation (referred to in this subsection as the 
‘Council’) to establish procedures to satisfy the 
requirements described in subparagraph (A) (in-
cluding regulations). 
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 
‘‘(A) IN GENERAL.—If, in an analysis re-
quired under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4231 et seq.), the Sec-
retary determines that there is no feasible or 
prudent alternative to avoid use of a historic 
site, the Secretary may— 
‘‘(i) include the determination of the 
Secretary in the analysis required under 
that Act; 
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‘‘(ii) provide a notice of the determina-
tion to— 
‘‘(I) each applicable State historic 
preservation officer and tribal historic 
preservation officer; 
‘‘(II) the Council, if the Council is 
participating in the consultation proc-
ess under section 306108 of title 54; 
and 
‘‘(III) the Secretary of the Inte-
rior; and 
‘‘(iii) request from the applicable pres-
ervation officer, the Council, and the Sec-
retary of the Interior a concurrence that the 
determination is sufficient to satisfy the re-
quirement of subsection (c)(1). 
‘‘(B) CONCURRENCE.—If the applicable 
preservation officer, the Council, and the Sec-
retary of the Interior each provide a concurrence 
requested under subparagraph (A)(iii), no fur-
ther analysis under subsection (a)(1) shall be re-
quired. 
‘‘(C) PUBLICATION.—A notice of a deter-
mination, together with each relevant concur-
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119 
rence to that determination, under subparagraph 
(A) shall be— 
‘‘(i) included in the record of decision 
or finding of no significant impact of the 
Secretary; and 
‘‘(ii) posted on an appropriate Federal 
Web site by not later than 3 days after the 
date of receipt by the Secretary of all con-
currences requested under subparagraph 
(A)(iii). 
‘‘(3) ALIGNING HISTORICAL REVIEWS.— 
‘‘(A) IN
GENERAL.—If the Secretary, the 
applicable preservation officer, the Council, and 
the Secretary of the Interior concur that no fea-
sible and prudent alternative exists as described 
in paragraph (2), the Secretary may provide to 
the applicable preservation officer, the Council, 
and the Secretary of the Interior notice of the in-
tent of the Secretary to satisfy the requirements 
of subsection (c)(2) through the consultation re-
quirements of section 306108 of title 54. 
‘‘(B) SATISFACTION
OF
CONDITIONS.—To 
satisfy the requirements of subsection (c)(2), the 
applicable preservation officer, the Council, and 
the Secretary of the Interior shall concur in the 
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treatment of the applicable historic site described 
in the memorandum of agreement or pro-
grammatic agreement developed under section 
306108 of title 54.’’. 
SEC. 1302. TREATMENT OF IMPROVEMENTS TO RAIL AND 
TRANSIT UNDER PRESERVATION REQUIRE-
MENTS. 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, 
United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(d) RAIL AND TRANSIT.— 
‘‘(1) IN
GENERAL.—Improvements to, or the 
maintenance, rehabilitation, or operation of, railroad 
or rail transit lines or elements thereof that are in use 
or were historically used for the transportation of 
goods or passengers shall not be considered a use of 
a historic site under subsection (a), regardless of 
whether the railroad or rail transit line or element 
thereof is listed on, or eligible for listing on, the Na-
tional Register of Historic Places. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to— 
‘‘(i) stations; or 
‘‘(ii) bridges or tunnels located on— 
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‘‘(I) railroad lines that have been 
abandoned; or 
‘‘(II) transit lines that are not in 
use. 
‘‘(B) CLARIFICATION
WITH
RESPECT
TO 
CERTAIN BRIDGES AND TUNNELS.—The bridges 
and tunnels referred to in subparagraph (A)(ii) 
do not include bridges or tunnels located on rail-
road or transit lines— 
‘‘(i) over which service has been discon-
tinued; or 
‘‘(ii) that have been railbanked or oth-
erwise reserved for the transportation of 
goods or passengers.’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, 
United States Code, as amended by this Act, is further 
amended— 
(1) in subsection (c), in the matter preceding 
paragraph (1), by striking ‘‘subsection (d)’’ and in-
serting ‘‘subsections (d), (e), and (f)’’; and 
(2) by adding at the end the following: 
‘‘(f) RAIL AND TRANSIT.— 
‘‘(1) IN
GENERAL.—Improvements to, or the 
maintenance, rehabilitation, or operation of, railroad 
or rail transit lines or elements thereof that are in use 
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or were historically used for the transportation of 
goods or passengers shall not be considered a use of 
a historic site under subsection (c), regardless of 
whether the railroad or rail transit line or element 
thereof is listed on, or eligible for listing on, the Na-
tional Register of Historic Places. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to— 
‘‘(i) stations; or 
‘‘(ii) bridges or tunnels located on— 
‘‘(I) railroad lines that have been 
abandoned; or 
‘‘(II) transit lines that are not in 
use. 
‘‘(B) CLARIFICATION
WITH
RESPECT
TO 
CERTAIN BRIDGES AND TUNNELS.—The bridges 
and tunnels referred to in subparagraph (A)(ii) 
do not include bridges or tunnels located on rail-
road or transit lines— 
‘‘(i) over which service has been discon-
tinued; or 
‘‘(ii) that have been railbanked or oth-
erwise reserved for the transportation of 
goods or passengers.’’. 
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SEC. 1303. CLARIFICATION OF TRANSPORTATION ENVIRON-
MENTAL AUTHORITIES. 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, 
United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(e) REFERENCES TO PAST TRANSPORTATION ENVI-
RONMENTAL AUTHORITIES.— 
‘‘(1) SECTION
4(F)
REQUIREMENTS.—The re-
quirements of this section are commonly referred to as 
section 4(f) requirements (see section 4(f) of the De-
partment of Transportation Act (Public Law 89–670; 
80 Stat. 934) as in effect before the repeal of that sec-
tion). 
‘‘(2) SECTION 106 REQUIREMENTS.—The require-
ments of section 306108 of title 54 are commonly re-
ferred to as section 106 requirements (see section 106 
of the National Historic Preservation Act of 1966 
(Public Law 89–665; 80 Stat. 915) as in effect before 
the repeal of that section).’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, 
United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(g) REFERENCES TO PAST TRANSPORTATION ENVI-
RONMENTAL AUTHORITIES.— 
‘‘(1) SECTION
4(F)
REQUIREMENTS.—The re-
quirements of this section are commonly referred to as 
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section 4(f) requirements (see section 4(f) of the De-
partment of Transportation Act (Public Law 89–670; 
80 Stat. 934) as in effect before the repeal of that sec-
tion). 
‘‘(2) SECTION 106 REQUIREMENTS.—The require-
ments of section 306108 of title 54 are commonly re-
ferred to as section 106 requirements (see section 106 
of the National Historic Preservation Act of 1966 
(Public Law 89–665; 80 Stat. 915) as in effect before 
the repeal of that section).’’. 
SEC. 1304. TREATMENT OF CERTAIN BRIDGES UNDER PRES-
ERVATION REQUIREMENTS. 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, 
United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(f) BRIDGE EXEMPTION.—A common post-1945 con-
crete or steel bridge or culvert that is exempt from indi-
vidual review under section 306108 of title 54 (as described 
in 77 Fed. Reg. 68790) shall be treated under this section 
as having a de minimis impact on an area.’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, 
United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(h) BRIDGE EXEMPTION.—A common post-1945 con-
crete or steel bridge or culvert that is exempt from indi-
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125 
vidual review under section 306108 of title 54 (as described 
in 77 Fed. Reg. 68790) shall be treated under this section 
as having a de minimis impact on an area.’’. 
SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR 
PROJECT DECISIONMAKING. 
(a) DEFINITIONS.—Section 139(a) of title 23, United 
States Code, is amended— 
(1) by striking paragraph (5) and inserting the 
following: 
‘‘(5) 
MULTIMODAL
PROJECT.—The 
term 
‘multimodal project’ means a project that requires the 
approval of more than 1 Department of Transpor-
tation operating administration or secretarial of-
fice.’’; 
(2) by adding at the end the following: 
‘‘(9) SUBSTANTIAL DEFERENCE.—The term ‘sub-
stantial deference’ means deference by a participating 
agency to the recommendations and decisions of the 
lead agency unless it is not possible to defer without 
violating the participating agency’s statutory respon-
sibilities.’’. 
(b) APPLICABILITY.—Section 139(b)(3) of title 23, 
United States Code, is amended— 
(1) in subparagraph (A) in the matter preceding 
clause (i) by striking ‘‘initiate a rulemaking to’’; and 
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(2) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) REQUIREMENTS.—In carrying out 
subparagraph (A), the Secretary shall ensure 
that programmatic reviews— 
‘‘(i) promote transparency, including 
the transparency of— 
‘‘(I) the analyses and data used 
in the environmental reviews; 
‘‘(II) the treatment of any de-
ferred issues raised by agencies or the 
public; and 
‘‘(III) the temporal and spatial 
scales to be used to analyze issues 
under subclauses (I) and (II); 
‘‘(ii) use accurate and timely informa-
tion, including through establishment of— 
‘‘(I) criteria for determining the 
general duration of the usefulness of 
the review; and 
‘‘(II) a timeline for updating an 
out-of-date review; 
‘‘(iii) describe— 
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‘‘(I) the relationship between any 
programmatic analysis and future 
tiered analysis; and 
‘‘(II) the role of the public in the 
creation of future tiered analysis; 
‘‘(iv) are available to other relevant 
Federal and State agencies, Indian tribes, 
and the public; and 
‘‘(v) provide notice and public com-
ment opportunities consistent with applica-
ble requirements.’’. 
(c) FEDERAL LEAD AGENCY.—Section 139(c)(1)(A) of 
title 23, United States Code, is amended by inserting ‘‘, 
or an operating administration thereof designated by the 
Secretary,’’ after ‘‘Department of Transportation’’. 
(d) PARTICIPATING AGENCIES.— 
(1) INVITATION.—Section 139(d)(2) of title 23, 
United States Code, is amended by striking ‘‘The lead 
agency shall identify, as early as practicable in the 
environmental review process for a project,’’ and in-
serting ‘‘Not later than 45 days after the date of pub-
lication of a notice of intent to prepare an environ-
mental impact statement or the initiation of an envi-
ronmental assessment, the lead agency shall identify’’. 
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(2) SINGLE NEPA DOCUMENT.—Section 139(d) of 
title 23, United States Code, is amended by adding 
at the end the following: 
‘‘(8) SINGLE NEPA DOCUMENT.— 
‘‘(A) IN GENERAL.—Except as inconsistent 
with paragraph (7), to the maximum extent 
practicable and consistent with Federal law, all 
Federal permits and reviews for a project shall 
rely on a single environment document prepared 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) under the leader-
ship of the lead agency. 
‘‘(B) USE OF DOCUMENT.— 
‘‘(i) IN GENERAL.—To the maximum 
extent practicable, the lead agency shall de-
velop an environmental document sufficient 
to satisfy the requirements for any Federal 
approval or other Federal action required 
for the project, including permits issued by 
other Federal agencies. 
‘‘(ii) COOPERATION OF PARTICIPATING 
AGENCIES.—Other participating agencies 
shall cooperate with the lead agency and 
provide timely information to help the lead 
agency carry out this subparagraph. 
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‘‘(C) TREATMENT
AS
PARTICIPATING
AND 
COOPERATING AGENCIES.—A Federal agency re-
quired to make an approval or take an action 
for a project, as described in subparagraph (B), 
shall work with the lead agency for the project 
to ensure that the agency making the approval 
or taking the action is treated as being both a 
participating and cooperating agency for the 
project.’’. 
(e) PROJECT INITIATION.—Section 139(e) of title 23, 
United States Code, is amended by adding at the end the 
following: 
‘‘(3) ENVIRONMENTAL CHECKLIST.— 
‘‘(A) DEVELOPMENT.—The lead agency for 
a project, in consultation with participating 
agencies, shall develop, as appropriate, a check-
list to help project sponsors identify potential 
natural, cultural, and historic resources in the 
area of the project. 
‘‘(B) PURPOSE.—The purposes of the check-
list are— 
‘‘(i) to identify agencies and organiza-
tions that can provide information about 
natural, cultural, and historic resources; 
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‘‘(ii) to develop the information needed 
to determine the range of alternatives; and 
‘‘(iii) to improve interagency collabo-
ration to help expedite the permitting proc-
ess for the lead agency and participating 
agencies.’’. 
(f) PURPOSE AND NEED.—Section 139(f) of title 23, 
United States Code, is amended— 
(1) in the subsection heading by inserting ‘‘; AL-
TERNATIVES ANALYSIS’’ after ‘‘NEED’’; 
(2) in paragraph (4)— 
(A) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) PARTICIPATION.— 
‘‘(i) IN GENERAL.—As early as prac-
ticable during the environmental review 
process, the lead agency shall seek the in-
volvement of participating agencies and the 
public for the purpose of reaching agree-
ment early in the environmental review 
process on a reasonable range of alternatives 
that will satisfy all subsequent Federal en-
vironmental review and permit require-
ments. 
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‘‘(ii) COMMENTS
OF
PARTICIPATING 
AGENCIES.—To the maximum extent prac-
ticable and consistent with applicable law, 
each participating agency receiving an op-
portunity for involvement under clause (i) 
shall— 
‘‘(I) limit the agency’s comments 
to subject matter areas within the 
agency’s special expertise or jurisdic-
tion; and 
‘‘(II) afford substantial deference 
to the range of alternatives rec-
ommended by the lead agency. 
‘‘(iii) 
EFFECT
OF
NONPARTICIPA-
TION.—A participating agency that declines 
to participate in the development of the 
purpose and need and reasonable range of 
alternatives for a project shall be required 
to comply with the schedule developed under 
subsection (g)(1)(B).’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘Following participa-
tion under paragraph (1)’’ and inserting 
the following: 
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‘‘(i) DETERMINATION.—Following par-
ticipation under subparagraph (A)’’; and 
(ii) by adding at the end the following: 
‘‘(ii) USE.—To the maximum extent 
practicable and consistent with Federal law, 
the range of alternatives determined for a 
project under clause (i) shall be used for all 
Federal environmental reviews and permit 
processes required for the project unless the 
alternatives must be modified— 
‘‘(I) to address significant new in-
formation or circumstances, and the 
lead agency and participating agencies 
agree that the alternatives must be 
modified to address the new informa-
tion or circumstances; or 
‘‘(II) for the lead agency or a par-
ticipating agency to fulfill its respon-
sibilities under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) in a timely manner.’’. 
(g) COORDINATION AND SCHEDULING.— 
(1) COORDINATION PLAN.—Section 139(g)(1) of 
title 23, United States Code, is amended— 
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(A) in subparagraph (A) by striking ‘‘The 
lead agency’’ and inserting ‘‘Not later than 90 
days after the date of publication of a notice of 
intent to prepare an environmental impact state-
ment or the initiation of an environmental as-
sessment, the lead agency’’; and 
(B) in subparagraph (B)(i) by striking 
‘‘may establish’’ and inserting ‘‘shall establish’’. 
(2) DEADLINES FOR DECISIONS UNDER OTHER 
LAWS.—Section 139(g)(3) of title 23, United States 
Code, is amended to read as follows: 
‘‘(3) DEADLINES FOR DECISIONS UNDER OTHER 
LAWS.— 
‘‘(A) IN GENERAL.—In any case in which a 
decision under any Federal law relating to a 
project (including the issuance or denial of a 
permit or license) is required by law, regulation, 
or Executive order to be made after the date on 
which the lead agency has issued a categorical 
exclusion, finding of no significant impact, or 
record of decision with respect to the project, any 
such later decision shall be made or completed by 
the later of— 
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‘‘(i) the date that is 180 days after the 
lead agency’s final decision has been made; 
or 
‘‘(ii) the date that is 180 days after the 
date on which a completed application was 
submitted for the permit or license. 
‘‘(B) TREATMENT
OF
DELAYS.—Following 
the deadline established by subparagraph (A), the 
Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House 
of Representatives and the Committee on Envi-
ronment and Public Works of the Senate, and 
publish on the Department’s Internet Web site— 
‘‘(i) as soon as practicable after the 
180-day period, an initial notice of the fail-
ure of the Federal agency to make the deci-
sion; and 
‘‘(ii) every 60 days thereafter, until 
such date as all decisions of the Federal 
agency relating to the project have been 
made by the Federal agency, an additional 
notice that describes the number of decisions 
of the Federal agency that remain out-
standing as of the date of the additional no-
tice.’’. 
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135 
(3) ADOPTION
OF
DOCUMENTS; ACCELERATED 
DECISIONMAKING IN ENVIRONMENTAL REVIEWS.— 
(A) IN GENERAL.—Section 139(g) of title 
23, United States Code, is amended— 
(i) by redesignating paragraph (4) as 
paragraph (5); and 
(ii) by inserting after paragraph (3) 
the following: 
‘‘(4) ACCELERATED
DECISIONMAKING
IN
ENVI-
RONMENTAL REVIEWS.— 
‘‘(A) IN GENERAL.—In preparing a final 
environmental impact statement under the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), if the lead agency modifies 
the statement in response to comments that are 
minor and are confined to factual corrections or 
explanations of why the comments do not war-
rant additional agency response, the lead agency 
may write on errata sheets attached to the state-
ment instead of rewriting the draft statement, 
subject to the condition that the errata sheets— 
‘‘(i) cite the sources, authorities, and 
reasons that support the position of the 
agency; and 
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136 
‘‘(ii) if appropriate, indicate the cir-
cumstances that would trigger agency re-
appraisal or further response. 
‘‘(B) SINGLE
DOCUMENT.—To the max-
imum extent practicable, the lead agency shall 
expeditiously develop a single document that con-
sists of a final environmental impact statement 
and a record of decision, unless— 
‘‘(i) the final environmental impact 
statement makes substantial changes to the 
proposed action that are relevant to envi-
ronmental or safety concerns; or 
‘‘(ii) there is a significant new cir-
cumstance or information relevant to envi-
ronmental concerns that bears on the pro-
posed action or the impacts of the proposed 
action.’’. 
(B) 
CONFORMING
AMENDMENT.—Section 
1319 of MAP–21 (42 U.S.C. 4332a), and the 
item relating to that section in the table of con-
tents contained in section 1(c) of that Act, are 
repealed. 
(h) ISSUE IDENTIFICATION AND RESOLUTION.— 
(1) ISSUE RESOLUTION.—Section 139(h) of title 
23, United States Code, is amended— 
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137 
(A) 
by 
redesignating 
paragraphs 
(4) 
through (7) as paragraphs (5) through (8), re-
spectively; and 
(B) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) ISSUE RESOLUTION.—Any issue resolved by 
the lead agency and participating agencies may not 
be reconsidered unless significant new information or 
circumstances arise.’’. 
(2) FAILURE TO ASSURE.—Section 139(h)(5)(C) 
of title 23, United States Code, (as redesignated by 
paragraph (1)(A) of this subsection) is amended by 
striking ‘‘paragraph (5) and’’ and inserting ‘‘para-
graph (6)’’. 
(3) ACCELERATED ISSUE RESOLUTION AND RE-
FERRAL.—Section 139(h)(6) of title 23, United States 
Code, (as redesignated by paragraph (1)(A) of this 
subsection) is amended by striking subparagraph (C) 
and inserting the following: 
‘‘(C) REFERRAL TO COUNCIL ON ENVIRON-
MENTAL QUALITY.— 
‘‘(i) IN GENERAL.—If issue resolution 
for a project is not achieved on or before the 
30th day after the date of a meeting under 
subparagraph (B), the Secretary shall refer 
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138 
the matter to the Council on Environmental 
Quality. 
‘‘(ii) MEETING.—Not later than 30 
days after the date of receipt of a referral 
from the Secretary under clause (i), the 
Council on Environmental Quality shall 
hold an issue resolution meeting with— 
‘‘(I) the head of the lead agency; 
‘‘(II) the heads of relevant partici-
pating agencies; and 
‘‘(III) the project sponsor (includ-
ing the Governor only if the initial 
issue resolution meeting request came 
from the Governor). 
‘‘(iii) RESOLUTION.—The Council on 
Environmental Quality shall work with the 
lead agency, relevant participating agen-
cies, and the project sponsor until all issues 
are resolved.’’. 
(4) FINANCIAL
PENALTY
PROVISIONS.—Section 
139(h)(7)(B)(i)(I) of title 23, United States Code, (as 
redesignated by paragraph (1)(A) of this subsection) 
is amended by striking ‘‘under section 106(i) is re-
quired’’ and inserting ‘‘is required under subsection 
(h) or (i) of section 106’’. 
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139 
(i) ASSISTANCE TO AFFECTED STATE AND FEDERAL 
AGENCIES.— 
(1) IN GENERAL.—Section 139(j)(1) of title 23, 
United States Code, is amended to read as follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORITY TO PROVIDE FUNDS.—The 
Secretary may allow a public entity receiving fi-
nancial assistance from the Department of 
Transportation under this title or chapter 53 of 
title 49 to provide funds to Federal agencies (in-
cluding the Department), State agencies, and In-
dian tribes participating in the environmental 
review process for the project or program. 
‘‘(B) USE OF FUNDS.—Funds referred to in 
subparagraph (A) may be provided only to sup-
port activities that directly and meaningfully 
contribute to expediting and improving permit-
ting and review processes, including planning, 
approval, and consultation processes for the 
project or program.’’. 
(2) ACTIVITIES ELIGIBLE FOR FUNDING.—Sec-
tion 139(j)(2) of title 23, United States Code, is 
amended by inserting ‘‘activities directly related to 
the environmental review process,’’ before ‘‘dedicated 
staffing,’’. 
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140 
(3) AGREEMENT.—Section 139(j)(6) of title 23, 
United States Code, is amended to read as follows: 
‘‘(6) AGREEMENT.—Prior to providing funds ap-
proved by the Secretary for dedicated staffing at an 
affected agency under paragraphs (1) and (2), the af-
fected agency and the requesting public entity shall 
enter into an agreement that establishes the projects 
and priorities to be addressed by the use of the 
funds.’’. 
(j) IMPLEMENTATION
OF PROGRAMMATIC COMPLI-
ANCE.— 
(1) RULEMAKING.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall 
complete a rulemaking to implement the provisions of 
section 139(b)(3) of title 23, United States Code, as 
amended by this section. 
(2) CONSULTATION.—Before initiating the rule-
making under paragraph (1), the Secretary shall con-
sult with relevant Federal agencies, relevant State re-
source agencies, State departments of transportation, 
Indian tribes, and the public on the appropriate use 
and scope of the programmatic approaches. 
(3) REQUIREMENTS.—In carrying out this sub-
section, the Secretary shall ensure that the rulemaking 
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141 
meets the requirements of section 139(b)(3)(B) of title 
23, United States Code, as amended by this section. 
(4) COMMENT PERIOD.—The Secretary shall— 
(A) allow not fewer than 60 days for public 
notice and comment on the proposed rule; and 
(B) address any comments received under 
this subsection. 
SEC. 
1306. 
IMPROVING 
TRANSPARENCY 
IN 
ENVIRON-
MENTAL REVIEWS. 
(a) IN GENERAL.—Not later than 18 months after the 
date of enactment of this Act, the Secretary shall— 
(1) maintain and use a searchable Internet Web 
site— 
(A) to make publicly available the status 
and progress of projects, as defined in section 
139 of title 23, United States Code, requiring an 
environmental assessment or an environmental 
impact statement with respect to compliance 
with applicable requirements of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) and any other Federal, State, or local 
approval required for such projects; and 
(B) to make publicly available the names of 
participating agencies not participating in the 
development of a project purpose and need and 
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142 
range of alternatives under section 139(f) of title 
23, United States Code; and 
(2) in coordination with agencies described in 
subsection (b) and State agencies, issue reporting 
standards to meet the requirements of paragraph (1). 
(b) FEDERAL, STATE, AND LOCAL AGENCY PARTICIPA-
TION.—A Federal, State, or local agency participating in 
the environmental review or permitting process for a 
project, as defined in section 139 of title 23, United States 
Code, shall provide to the Secretary information regarding 
the status and progress of the approval of the project for 
publication on the Internet Web site maintained under sub-
section (a), consistent with the standards established under 
subsection (a). 
(c) STATES WITH DELEGATED AUTHORITY.—A State 
with delegated authority for responsibilities under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) pursuant to section 327 of title 23, United States 
Code, shall be responsible for supplying project development 
and compliance status to the Secretary for all applicable 
projects. 
SEC. 1307. INTEGRATION OF PLANNING AND ENVIRON-
MENTAL REVIEW. 
(a) DEFINITIONS.—Section 168(a) of title 23, United 
States Code, is amended— 
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(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) ENVIRONMENTAL
REVIEW
PROCESS.—The 
term ‘environmental review process’ has the meaning 
given that term in section 139(a).’’; 
(2) by redesignating paragraphs (2) through (4) 
as paragraphs (3) through (5), respectively; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) LEAD AGENCY.—The term ‘lead agency’ has 
the meaning given that term in section 139(a).’’; and 
(4) by striking paragraph (3) (as redesignated 
by paragraph (2) of this subsection) and inserting the 
following: 
‘‘(3) PLANNING PRODUCT.—The term ‘planning 
product’ means a decision, analysis, study, or other 
documented information that is the result of an eval-
uation or decisionmaking process carried out by a 
metropolitan planning organization or a State, as 
appropriate, during metropolitan or statewide trans-
portation planning under section 134 or section 135, 
respectively.’’. 
(b) ADOPTION OF PLANNING PRODUCTS FOR USE IN 
NEPA PROCEEDINGS.—Section 168(b) of title 23, United 
States Code, is amended— 
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144 
(1) in the subsection heading by inserting ‘‘OR 
INCORPORATION BY REFERENCE’’ after ‘‘ADOPTION’’; 
(2) in paragraph (1) by striking ‘‘the Federal 
lead agency for a project may adopt’’ and inserting 
‘‘and to the maximum extent practicable and appro-
priate, the lead agency for a project may adopt or in-
corporate by reference’’; 
(3) by striking paragraph (2) and redesignating 
paragraphs (3) and (4) as paragraphs (2) and (3), 
respectively; 
(4) by striking paragraph (2) (as so redesig-
nated) and inserting the following: 
‘‘(2) PARTIAL ADOPTION OR INCORPORATION BY 
REFERENCE
OF
PLANNING
PRODUCTS.—The lead 
agency may adopt or incorporate by reference a plan-
ning product under paragraph (1) in its entirety or 
may select portions for adoption or incorporation by 
reference.’’; and 
(5) in paragraph (3) (as so redesignated) by in-
serting ‘‘or incorporation by reference’’ after ‘‘adop-
tion’’. 
(c) APPLICABILITY.— 
(1) PLANNING DECISIONS.—Section 168(c)(1) of 
title 23, United States Code, is amended— 
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(A) in the matter preceding subparagraph 
(A) by striking ‘‘adopted’’ and inserting ‘‘adopt-
ed or incorporated by reference by the lead agen-
cy’’; 
(B) by redesignating subparagraphs (A) 
through (E) as subparagraphs (B) through (F), 
respectively; 
(C) by inserting before subparagraph (B) 
(as so redesignated) the following: 
‘‘(A) the project purpose and need;’’; 
(D) by striking subparagraph (B) (as so re-
designated) and inserting the following: 
‘‘(B) the preliminary screening of alter-
natives and elimination of unreasonable alter-
natives;’’; 
(E) in subparagraph (C) (as so redesig-
nated) by inserting ‘‘and general travel corridor’’ 
after ‘‘modal choice’’; 
(F) in subparagraph (E) (as so redesig-
nated) by striking ‘‘and’’ at the end; 
(G) in subparagraph (F) (as so redesig-
nated)— 
(i) in the matter preceding clause (i) 
by striking ‘‘potential impacts’’ and all that 
follows through ‘‘resource agencies,’’ and in-
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146 
serting ‘‘potential impacts of a project, in-
cluding a programmatic mitigation plan 
developed in accordance with section 169, 
that the lead agency’’; and 
(ii) in clause (ii) by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(H) by adding at the end the following: 
‘‘(G) whether tolling, private financial as-
sistance, or other special financial measures are 
necessary to implement the project.’’. 
(2) PLANNING ANALYSES.—Section 168(c)(2) of 
title 23, United States Code, is amended— 
(A) in the matter preceding subparagraph 
(A) by striking ‘‘adopted’’ and inserting ‘‘adopt-
ed or incorporated by reference by the lead agen-
cy’’; 
(B) in subparagraph (G)— 
(i) by inserting ‘‘direct, indirect, and’’ 
before ‘‘cumulative effects’’; and 
(ii) by striking ‘‘, identified as a result 
of a statewide or regional cumulative effects 
assessment’’; and 
(C) in subparagraph (H)— 
(i) by striking ‘‘proposed action’’ and 
inserting ‘‘proposed project’’; and 
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147 
(ii) by striking ‘‘Federal lead agency’’ 
and inserting ‘‘lead agency’’. 
(d) CONDITIONS.—Section 168(d) of title 23, United 
States Code, is amended— 
(1) in the matter preceding paragraph (1) by 
striking ‘‘Adoption and use’’ and all that follows 
through ‘‘Federal lead agency, that’’ and inserting 
‘‘The lead agency in the environmental review process 
may adopt or incorporate by reference and use a 
planning product under this section if the lead agency 
determines that’’; 
(2) in paragraph (2) by striking ‘‘by engaging 
in active consultation’’ and inserting ‘‘in consulta-
tion’’; 
(3) by striking paragraphs (4) and (5) and in-
serting the following: 
‘‘(4) The planning process included public notice 
that the planning products may be adopted or incor-
porated by reference during a subsequent environ-
mental review process in accordance with this section. 
‘‘(5) During the environmental review process, 
but prior to determining whether to rely on and use 
the planning product, the lead agency has— 
‘‘(A) made the planning documents avail-
able for review and comment by members of the 
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general public and Federal, State, local, and 
tribal governments that may have an interest in 
the proposed action; 
‘‘(B) provided notice of the lead agency’s in-
tent to adopt the planning product or incor-
porate the planning product by reference; and 
‘‘(C) considered any resulting comments.’’; 
(4) in paragraph (9)— 
(A) by inserting ‘‘or incorporation by ref-
erence’’ after ‘‘adoption’’; and 
(B) by inserting ‘‘and is sufficient to meet 
the requirements of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.)’’ 
after ‘‘for the project’’; and 
(5) in paragraph (10) by striking ‘‘not later 
than 5 years prior to date on which the information 
is adopted’’ and inserting ‘‘within the 5-year period 
ending on the date on which the information is adopt-
ed or incorporated by reference’’. 
(e) EFFECT OF ADOPTION OR INCORPORATION BY REF-
ERENCE.—Section 168(e) of title 23, United States Code, 
is amended— 
(1) in the subsection heading by inserting ‘‘OR 
INCORPORATION BY REFERENCE’’ after ‘‘ADOPTION’’; 
and 
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(2) by striking ‘‘adopted by the Federal lead 
agency’’ and inserting ‘‘adopted or incorporated by 
reference by the lead agency’’. 
SEC. 1308. DEVELOPMENT OF PROGRAMMATIC MITIGATION 
PLANS. 
Section 169(f) of title 23, United States Code, is 
amended by striking ‘‘may use’’ and inserting ‘‘shall give 
substantial weight to’’. 
SEC. 1309. DELEGATION OF AUTHORITIES. 
(a) IN GENERAL.—The Secretary shall use the author-
ity under section 106(c) of title 23, United States Code, to 
the maximum extent practicable, to delegate responsibility 
to the States for project design, plans, specifications, esti-
mates, contract awards, and inspection of projects, on both 
a project-specific and programmatic basis. 
(b) SUBMISSION OF RECOMMENDATIONS.—Not later 
than 18 months after the date of enactment of this Act, the 
Secretary, in cooperation with the States, shall submit to 
the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate recommendations for 
legislation to permit the delegation of additional authorities 
to the States, including with respect to real estate acquisi-
tion and project design. 
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SEC. 1310. CATEGORICAL EXCLUSION FOR PROJECTS OF 
LIMITED FEDERAL ASSISTANCE. 
(a) ADJUSTMENT FOR INFLATION.—Section 1317 of 
MAP–21 (23 U.S.C. 109 note) is amended— 
(1) in paragraph (1)(A) by inserting ‘‘(as ad-
justed annually by the Secretary to reflect any in-
creases in the Consumer Price Index prepared by the 
Department of Labor)’’ after ‘‘$5,000,000’’; and 
(2) in paragraph (1)(B) by inserting ‘‘(as ad-
justed annually by the Secretary to reflect any in-
creases in the Consumer Price Index prepared by the 
Department of Labor)’’ after ‘‘$30,000,000’’. 
(b) RETROACTIVE APPLICATION.—The first adjustment 
made pursuant to the amendments made by subsection (a) 
shall— 
(1) be carried out not later than 60 days after 
the date of enactment of this Act; and 
(2) reflect the increase in the Consumer Price 
Index since July 1, 2012. 
SEC. 1311. APPLICATION OF CATEGORICAL EXCLUSIONS 
FOR MULTIMODAL PROJECTS. 
Section 304 of title 49, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
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(i) by striking ‘‘operating authority 
that’’ and inserting ‘‘operating administra-
tion or secretarial office that has expertise 
but’’; and 
(ii) 
by 
inserting 
‘‘proposed 
multimodal’’ after ‘‘with respect to a’’; and 
(B) by striking paragraph (2) and inserting 
the following: 
‘‘(2) LEAD AUTHORITY.—The term ‘lead author-
ity’ means a Department of Transportation operating 
administration or secretarial office that has the lead 
responsibility for compliance with the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
with respect to a proposed multimodal project.’’; 
(2) in subsection (b) by inserting ‘‘or title 23’’ 
after ‘‘under this title’’; 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) APPLICATION OF CATEGORICAL EXCLUSIONS FOR 
MULTIMODAL PROJECTS.—In considering the environ-
mental impacts of a proposed multimodal project, a lead 
authority may apply categorical exclusions designated 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) in implementing regulations or proce-
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dures of a cooperating authority for a proposed multimodal 
project, subject to the conditions that— 
‘‘(1) the lead authority makes a determination, 
with the concurrence of the cooperating authority— 
‘‘(A) on the applicability of a categorical 
exclusion to a proposed multimodal project; and 
‘‘(B) that the project satisfies the conditions 
for a categorical exclusion under the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and this section; 
‘‘(2) the lead authority follows the cooperating 
authority’s implementing regulations or procedures 
under such Act; and 
‘‘(3) the lead authority determines that— 
‘‘(A) the proposed multimodal project does 
not individually or cumulatively have a signifi-
cant impact on the environment; and 
‘‘(B) extraordinary circumstances do not 
exist that merit additional analysis and docu-
mentation in an environmental impact state-
ment or environmental assessment required 
under such Act.’’; and 
(4) by striking subsection (d) and inserting the 
following: 
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‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A co-
operating authority shall provide expertise to the lead au-
thority on aspects of the multimodal project in which the 
cooperating authority has expertise.’’. 
SEC. 1312. SURFACE TRANSPORTATION PROJECT DELIVERY 
PROGRAM. 
Section 327 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)(2)(B)(iii) by striking ‘‘(42 
U.S.C. 13 4321 et seq.)’’ and inserting ‘‘(42 U.S.C. 
4321 et seq.)’’; 
(2) in subsection (c)(4) by inserting ‘‘reason-
ably’’ before ‘‘considers necessary’’; 
(3) in subsection (e) by inserting ‘‘and without 
further approval of’’ after ‘‘in lieu of’’; 
(4) in subsection (g)— 
(A) by striking paragraph (1) and inserting 
the following: 
‘‘(1) IN GENERAL.—To ensure compliance by a 
State with any agreement of the State under sub-
section (c) (including compliance by the State with 
all Federal laws for which responsibility is assumed 
under subsection (a)(2)), for each State participating 
in the program under this section, the Secretary 
shall— 
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‘‘(A) not later than 6 months after execution 
of the agreement, meet with the State to review 
implementation of the agreement and discuss 
plans for the first annual audit; 
‘‘(B) conduct annual audits during each of 
the first 4 years of State participation; and 
‘‘(C) ensure that the time period for com-
pleting an annual audit, from initiation to com-
pletion (including public comment and responses 
to those comments), does not exceed 180 days.’’; 
and 
(B) by adding at the end the following: 
‘‘(3) AUDIT TEAM.—An audit conducted under 
paragraph (1) shall be carried out by an audit team 
determined by the Secretary, in consultation with the 
State. Such consultation shall include a reasonable 
opportunity for the State to review and provide com-
ments on the proposed members of the audit team.’’; 
and 
(5) by adding at the end the following: 
‘‘(k) CAPACITY BUILDING.—The Secretary, in coopera-
tion with representatives of State officials, may carry out 
education, training, peer-exchange, and other initiatives as 
appropriate— 
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‘‘(1) to assist States in developing the capacity 
to participate in the assignment program under this 
section; and 
‘‘(2) to promote information sharing and collabo-
ration among States that are participating in the as-
signment program under this section. 
‘‘(l) RELATIONSHIP
TO
LOCALLY
ADMINISTERED 
PROJECTS.—A State granted authority under this section 
may, as appropriate and at the request of a local govern-
ment— 
‘‘(1) exercise such authority on behalf of the local 
government for a locally administered project; or 
‘‘(2) provide guidance and training on consoli-
dating and minimizing the documentation and envi-
ronmental analyses necessary for sponsors of a locally 
administered project to comply with the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and any comparable requirements under State 
law.’’. 
SEC. 1313. PROGRAM FOR ELIMINATING DUPLICATION OF 
ENVIRONMENTAL REVIEWS. 
(a) PURPOSE.—The purpose of this section is to elimi-
nate duplication of environmental reviews and approvals 
under State and Federal laws. 
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(b) IN GENERAL.—Chapter 3 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘§ 330. Program for eliminating duplication of envi-
ronmental reviews 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a pilot program to authorize States that are approved 
to participate in the program to conduct environ-
mental reviews and make approvals for projects under 
State environmental laws and regulations instead of 
Federal environmental laws and regulations, con-
sistent with the requirements of this section. 
‘‘(2) PARTICIPATING
STATES.—The Secretary 
may select not more than 5 States to participate in 
the program. 
‘‘(3) ALTERNATIVE REVIEW AND APPROVAL PRO-
CEDURES.—In this section, the term ‘alternative envi-
ronmental review and approval procedures’ means— 
‘‘(A) substitution of 1 or more State envi-
ronmental laws for— 
‘‘(i) the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(ii) such provisions of sections 109(h), 
128, and 139 related to the application of 
that Act that are under the authority of the 
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Secretary, as the Secretary, in consultation 
with the State, considers appropriate; and 
‘‘(iii) related regulations and Execu-
tive orders; and 
‘‘(B) substitution of 1 or more State envi-
ronmental regulations for— 
‘‘(i) the National Environmental Pol-
icy Act of 1969; 
‘‘(ii) such provisions of sections 109(h), 
128, and 139 related to the application of 
that Act that are under the authority of the 
Secretary, as the Secretary, in consultation 
with the State, considers appropriate; and 
‘‘(iii) related regulations and Execu-
tive orders. 
‘‘(b) APPLICATION.—To be eligible to participate in the 
program, a State shall submit to the Secretary an applica-
tion containing such information as the Secretary may re-
quire, including— 
‘‘(1) a full and complete description of the pro-
posed alternative environmental review and approval 
procedures of the State; 
‘‘(2) each Federal law described in subsection 
(a)(3) that the State is seeking to substitute; 
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‘‘(3) each State law and regulation that the 
State intends to substitute for such Federal law, Fed-
eral regulation, or Executive order; 
‘‘(4) an explanation of the basis for concluding 
that the State law or regulation is substantially 
equivalent to the Federal law described in subsection 
(a)(3); 
‘‘(5) a description of the projects or classes of 
projects for which the State anticipates exercising the 
authority that may be granted under the program; 
‘‘(6) verification that the State has the financial 
resources necessary to carry out the authority that 
may be granted under the program; 
‘‘(7) evidence of having sought, received, and ad-
dressed comments on the proposed application from 
the public; and 
‘‘(8) any such additional information as the Sec-
retary, or, with respect to section (d)(1)(A), the Sec-
retary in consultation with the Chair, may require. 
‘‘(c) REVIEW OF APPLICATION.—In accordance with 
subsection (d), the Secretary shall— 
‘‘(1) review an application submitted under sub-
section (b); 
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‘‘(2) approve or disapprove the application not 
later than 90 days after the date of receipt of the ap-
plication; and 
‘‘(3) transmit to the State notice of the approval 
or disapproval, together with a statement of the rea-
sons for the approval or disapproval. 
‘‘(d) APPROVAL OF APPLICATION.— 
‘‘(1) IN GENERAL.—The Secretary shall approve 
an application submitted under subsection (b) only 
if— 
‘‘(A) the Secretary, with the concurrence of 
the Chair, determines that the laws and regula-
tions of the State described in the application 
are substantially equivalent to the Federal laws 
that the State is seeking to substitute; 
‘‘(B) the Secretary determines that the State 
has the capacity, including financial and per-
sonnel, to assume the responsibility; and 
‘‘(C) the State has executed an agreement 
with the Secretary, in accordance with section 
327, providing for environmental review, con-
sultation, or other action under Federal environ-
mental laws pertaining to the review or approval 
of a specific project. 
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‘‘(2) EXCLUSION.—The National Environmental 
Policy Act of 1969 shall not apply to a decision by 
the Secretary to approve or disapprove an applica-
tion submitted under this section. 
‘‘(e) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—The United States district 
courts shall have exclusive jurisdiction over any civil 
action against a State— 
‘‘(A) for failure of the State to meet the re-
quirements of this section; or 
‘‘(B) if the action involves the exercise of 
authority by the State under this section and 
section 327. 
‘‘(2) STATE JURISDICTION.—A State court shall 
have exclusive jurisdiction over any civil action 
against a State if the action involves the exercise of 
authority by the State under this section not covered 
by paragraph (1). 
‘‘(f) ELECTION.—At its discretion, a State partici-
pating in the programs under this section and section 327 
may elect to apply the National Environmental Protection 
Act of 1969 instead of the State’s alternative environmental 
review and approval procedures. 
‘‘(g) TREATMENT
OF STATE LAWS
AND REGULA-
TIONS.—To the maximum extent practicable and consistent 
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with Federal law, other Federal agencies with authority 
over a project subject to this section shall use documents 
produced by a participating State under this section to sat-
isfy the requirements of the National Environmental Policy 
Act of 1969. 
‘‘(h) RELATIONSHIP
TO
LOCALLY
ADMINISTERED 
PROJECTS.— 
‘‘(1) IN GENERAL.—A State with an approved 
program under this section, at the request of a local 
government, may exercise authority under that pro-
gram on behalf of up to 10 local governments for lo-
cally administered projects. 
‘‘(2) SCOPE.—For up to 10 local governments se-
lected by a State with an approved program under 
this section, the State shall be responsible for ensuring 
that any environmental review, consultation, or other 
action required under the National Environmental 
Policy Act of 1969 or the State program, or both, 
meets the requirements of such Act or program. 
‘‘(i) REVIEW AND TERMINATION.— 
‘‘(1) IN GENERAL.—A State program approved 
under this section shall at all times be in accordance 
with the requirements of this section. 
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‘‘(2) REVIEW.—The Secretary shall review each 
State program approved under this section not less 
than once every 5 years. 
‘‘(3) PUBLIC NOTICE AND COMMENT.—In con-
ducting the review process under paragraph (2), the 
Secretary shall provide notice and an opportunity for 
public comment. 
‘‘(4) WITHDRAWAL OF APPROVAL.—If the Sec-
retary, in consultation with the Chair, determines at 
any time that a State is not administering a State 
program approved under this section in accordance 
with the requirements of this section, the Secretary 
shall so notify the State, and if appropriate corrective 
action is not taken within a reasonable time, not to 
exceed 90 days, the Secretary shall withdraw ap-
proval of the State program. 
‘‘(5) EXTENSIONS AND TERMINATIONS.—At the 
conclusion of the review process under paragraph (2), 
the Secretary may extend for an additional 5-year pe-
riod or terminate the authority of a State under this 
section to substitute that State’s laws and regulations 
for Federal laws. 
‘‘(j) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this section, and annually 
thereafter, the Secretary shall submit to the Committee on 
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Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Public 
Works of the Senate a report that describes the administra-
tion of the program, including— 
‘‘(1) the number of States participating in the 
program; 
‘‘(2) the number and types of projects for which 
each State participating in the program has used al-
ternative environmental review and approval proce-
dures; and 
‘‘(3) any recommendations for modifications to 
the program. 
‘‘(k) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) CHAIR.—The term ‘Chair’ means the Chair 
of the Council on Environmental Quality. 
‘‘(2) 
MULTIMODAL
PROJECT.—The 
term 
‘multimodal project’ has the meaning given that term 
in section 139(a). 
‘‘(3) PROGRAM.—The term ‘program’ means the 
pilot program established under this section. 
‘‘(4) PROJECT.—The term ‘project’ means— 
‘‘(A) a project requiring approval under 
this title, chapter 53 of subtitle III of title 49, or 
subtitle V of title 49; and 
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‘‘(B) a multimodal project.’’. 
(c) RULEMAKING.— 
(1) IN GENERAL.—Not later than 270 days after 
the date of enactment of this Act, the Secretary of 
Transportation, in consultation with the Chair of the 
Council on Environmental Quality, shall promulgate 
regulations to implement the requirements of section 
330 of title 23, United States Code, as added by this 
section. 
(2) DETERMINATION OF SUBSTANTIALLY EQUIVA-
LENT.—As part of the rulemaking required under this 
subsection, the Chair shall— 
(A) establish the criteria necessary to deter-
mine that a State law or regulation is substan-
tially equivalent to a Federal law described in 
section 330(a)(3) of title 23, United States Code; 
(B) ensure that such criteria, at a min-
imum— 
(i) provide for protection of the envi-
ronment; 
(ii) provide opportunity for public 
participation and comment, including ac-
cess to the documentation necessary to re-
view the potential impact of a project; and 
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(iii) ensure a consistent review of 
projects that would otherwise have been cov-
ered under Federal law. 
(d) CLERICAL AMENDMENT.—The analysis for chapter 
3 of title 23, United States Code, is amended by adding 
at the end the following: 
‘‘330. Program for eliminating duplication of environmental reviews.’’. 
SEC. 1314. ASSESSMENT OF PROGRESS ON ACCELERATING 
PROJECT DELIVERY. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Comptroller General of 
the United States shall assess the progress made under this 
Act, MAP–21 (Public Law 112–141), and SAFETEA–LU 
(Public Law 109–59), including the amendments made by 
those Acts, to accelerate the delivery of Federal-aid highway 
and highway safety construction projects and public trans-
portation capital projects by streamlining the environ-
mental review and permitting process. 
(b) CONTENTS.—The assessment required under sub-
section (a) shall evaluate— 
(1) how often the various streamlining provi-
sions have been used; 
(2) which of the streamlining provisions have 
had the greatest impact on streamlining the environ-
mental review and permitting process; 
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(3) what, if any, impact streamlining of the 
process has had on environmental protection; 
(4) how, and the extent to which, streamlining 
provisions have improved and accelerated the process 
for permitting under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), and 
other applicable Federal laws; 
(5) what impact actions by the Council on Envi-
ronmental Quality have had on accelerating Federal- 
aid highway and highway safety construction projects 
and public transportation capital projects; 
(6) the number and percentage of projects that 
proceed under a traditional environmental assessment 
or environmental impact statement, and the number 
and percentage of projects that proceed under categor-
ical exclusions; 
(7) the extent to which the environmental review 
and permitting process remains a significant source 
of project delay and the sources of delays; and 
(8) the costs of conducting environmental reviews 
and issuing permits or licenses for a project, includ-
ing the cost of contractors and dedicated agency staff. 
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(c) RECOMMENDATIONS.—The assessment required 
under subsection (a) shall include recommendations with 
respect to— 
(1) additional opportunities for streamlining the 
environmental review process, including regulatory or 
statutory changes to accelerate the processes of Federal 
agencies (other than the Department) with responsi-
bility for reviewing Federal-aid highway and high-
way safety construction projects and public transpor-
tation capital projects without negatively impacting 
the environment; and 
(2) best practices of other Federal agencies that 
should be considered for adoption by the Department. 
(d) REPORT TO CONGRESS.—The Comptroller General 
of the United States shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Public 
Works of the Senate a report containing the assessment and 
recommendations required under this section. 
SEC. 1315. IMPROVING STATE AND FEDERAL AGENCY EN-
GAGEMENT IN ENVIRONMENTAL REVIEWS. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by inserting after section 306 the following: 
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