‘‘(A) FUNDING REQUIREMENT.—If the Sec-
retary identifies noncompliance by a State in 
conducting an annual review under paragraph 
(3)(A) in a calendar year, and the State fails to 
address the noncompliance in the manner de-
scribed in paragraph (3)(B) by August 1 of the 
succeeding year, on October 1 of such succeeding 
year, and each year thereafter as necessary, the 
Secretary shall require the State to dedicate 
funds apportioned to the State under sections 
104(b)(1) and 104(b)(3) to correct the non-
compliance. 
‘‘(B) AMOUNT.—The amount of the funds 
dedicated to correcting the noncompliance in ac-
cordance with subparagraph (A) shall— 
‘‘(i) be determined by the State based 
on an analysis of the actions needed to ad-
dress the noncompliance; and 
‘‘(ii) require approval by the Sec-
retary. 
‘‘(c) TRAINING PROGRAM FOR BRIDGE AND TUNNEL 
INSPECTORS.—The Secretary, in cooperation with State 
transportation departments, shall establish a program de-
signed to train appropriate personnel to carry out highway 
bridge and tunnel inspections. 
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‘‘(d) AVAILABILITY OF FUNDS.—In carrying out this 
section— 
‘‘(1) the Secretary may use funds made available 
to the Secretary under sections 104(a) and 503; 
‘‘(2) a State may use amounts apportioned to 
the State under sections 104(b)(1), 104(b)(3), and 
104(b)(5); 
‘‘(3) an Indian tribe may use funds made avail-
able to the Indian tribe under section 502; and 
‘‘(4) a Federal agency may use funds made 
available to the agency under section 503.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 is amended by striking the item relating to section 151 
and inserting the following: 
‘‘151. National highway bridge and tunnel inventory and inspection program.’’. 
SEC. 1115. MINIMUM INVESTMENT IN HIGHWAY BRIDGES. 
(a) MINIMUM INVESTMENT REQUIREMENTS.— 
(1) NATIONAL HIGHWAY SYSTEM BRIDGES.—Out 
of amounts apportioned to a State for a fiscal year 
under each of sections 104(b)(1) and 104(b)(3) of title 
23, United States Code, an amount equal to 10 per-
cent of such amounts shall be available to the State 
only for eligible projects on highway bridges on the 
National Highway System if the Secretary determines 
under paragraph (3) for the fiscal year that more 
than 10 percent of the total deck area of highway 
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bridges in the State on the National Highway System 
is located on highway bridges that have been classified 
as structurally deficient. 
(2) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 
Out of amounts apportioned to a State for a fiscal 
year under section 104(b)(3) of title 23, United States 
Code, an amount equal to 110 percent of the amount 
that the State was required to expend for fiscal year 
2009 on projects under section 144(f)(2) of such title 
(as in effect on the day before the date of enactment 
of this Act) shall be available to the State only for eli-
gible projects on highway bridges not on Federal-aid 
highways if the Secretary determines under para-
graph (3) for the fiscal year that— 
(A) more than 15 percent of the total deck 
area of highway bridges not on Federal-aid high-
ways in the State is located on highway bridges 
not on Federal-aid highways that have been clas-
sified as structurally deficient; or 
(B) more than 2,000 highway bridges not 
on Federal-aid highways in the State are classi-
fied as structurally deficient. 
(3) USE OF DATA IN NATIONAL BRIDGE AND TUN-
NEL INVENTORY.—The Secretary shall make the deter-
minations under paragraphs (1) and (2) with respect 
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to a State for a fiscal year based on an average of 
the final data concerning highway bridges in the 
State contained in the national bridge and tunnel in-
ventory for the most recent 3 calendar years for which 
such data are available. 
(4) APPLICABILITY.—This subsection shall apply 
to amounts apportioned for each of fiscal years 2013 
through 2016. 
(5) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) ELIGIBLE PROJECT.—The term ‘‘eligible 
project’’ means a project to replace (including re-
placement with fill material), rehabilitate, pre-
serve, or protect (including through painting, 
scour countermeasures, seismic retrofits, impact 
protection measures, security countermeasures, 
and protection against extreme events) a bridge 
or tunnel on a public road of any functional 
classification. 
(B) NATIONAL BRIDGE AND TUNNEL INVEN-
TORY.—The term ‘‘national bridge and tunnel 
inventory’’ means the national bridge and tunnel 
inventory established under section 151 of title 
23, United States Code (as amended by this 
title). 
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(b) BRIDGE REHABILITATION AND REPLACEMENT.— 
Section 217(e) is amended by striking ‘‘then such bridge’’ 
and all that follows before the period at the end and insert-
ing ‘‘the State carrying out the rehabilitation or replace-
ment is encouraged to provide such safe accommodations 
as part of the rehabilitation or replacement’’. 
SEC. 1116. MINIMUM PENALTIES FOR REPEAT OFFENDERS 
FOR DRIVING WHILE INTOXICATED OR DRIV-
ING UNDER THE INFLUENCE. 
(a) DEFINITIONS.—Section 164(a) is amended— 
(1) by striking paragraph (3); 
(2) by redesignating paragraphs (4) and (5) as 
paragraphs (3) and (4), respectively; and 
(3) in paragraph (4), as so redesignated by 
paragraph (2) of this subsection, by amending sub-
paragraph (A) to read as follows: 
‘‘(A) receive— 
‘‘(i) a suspension of all driving privi-
leges for not less than 1 year; or 
‘‘(ii) a suspension of unlimited driving 
privileges for 1 year with limited driving 
privileges permitted (subject to requirements 
established under State law) if an ignition 
interlock device is installed for not less than 
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1 year on each motor vehicle owned or oper-
ated, or both, by the individual;’’. 
(b) TRANSFER OF FUNDS.—Section 164(b)(1)(A) is 
amended by striking ‘‘alcohol-impaired driving counter-
measures’’ and inserting ‘‘projects and activities addressing 
impaired driving (as such term is defined in section 
402(p)(11))’’. 
SEC. 1117. PUERTO RICO HIGHWAY PROGRAM. 
(a) IN GENERAL.—Section 165 is amended by striking 
subsections (a) and (b) and inserting the following: 
‘‘(a) ALLOCATION OF FUNDS.—On October 1 of each 
fiscal year, the Secretary shall allocate the funds made 
available for the fiscal year to carry out this section to the 
Commonwealth of Puerto Rico to carry out a highway pro-
gram in the Commonwealth. 
‘‘(b) APPLICABILITY OF TITLE.—Amounts made avail-
able to carry out this section shall be available for obliga-
tion in the same manner as if such funds were apportioned 
under this chapter.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
165 
is 
amended— 
(1) in subsection (c)(1) by striking ‘‘sections 
104(b) and 144’’ and inserting ‘‘section 104(b)’’; and 
(2) in subsection (d) by striking ‘‘sections 104 
and 144’’ and inserting ‘‘section 104’’. 
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SEC. 1118. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. 
(a) APPORTIONMENT.—The Secretary shall apportion 
funds made available under section 1101(a) for the Appa-
lachian development highway system program for each of 
fiscal years 2013 through 2016 among the States in the 
ratio that— 
(1) the latest available cost to complete estimate 
for the Appalachian development highway system 
under section 14501 of title 40, United States Code, 
with respect to each State; bears to 
(2) the latest available cost to complete estimate 
for that system with respect to all States. 
(b) MINIMUM AND MAXIMUM APPORTIONMENT.—Not-
withstanding subsection (a), each State that receives an ap-
portionment under subsection (a) shall receive— 
(1) not less than 1 percent of the funds appor-
tioned under this section; and 
(2) not more than 25 percent of the funds appor-
tioned under this section. 
(c) APPLICABILITY OF TITLE 23.—Funds made avail-
able under section 1101(a) of this Act for the Appalachian 
development highway system program shall be available for 
obligation in the same manner as if such funds were appor-
tioned under chapter 1 of title 23, United States Code, ex-
cept that the Federal share of the cost of any project under 
this section shall be determined in accordance with section 
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14501 of title 40, United States Code, and such funds shall 
be available to construct highways and access roads under 
such section 14501 and shall remain available until ex-
pended. 
(d) CREDIT
FOR
NON-FEDERAL
SHARE.—Section 
120(j)(1)(A) is amended by striking ‘‘and the Appalachian 
development highway system program under section 14501 
of title 40’’. 
SEC. 1119. REFERENCES TO MASS TRANSIT ACCOUNT. 
Any reference to the Mass Transit Account of the High-
way Trust Fund in title 23 or 49, United States Code, or 
in any other provision of law shall be deemed to refer to 
the Alternative Transportation Account of the Highway 
Trust Fund. 
Subtitle B—Innovative Financing 
SEC. 1201. TRANSPORTATION INFRASTRUCTURE FINANCE 
AND INNOVATION. 
(a) DEFINITIONS.— 
(1) 
ELIGIBLE
PROJECT
COSTS.—Section 
601(a)(1) is amended in the matter preceding sub-
paragraph (A) by inserting ‘‘(regardless of when in-
curred)’’ after ‘‘including the cost’’. 
(2) CONTINGENT COMMITMENT.—Section 601(a) 
is amended— 
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(A) by redesignating paragraphs (2), (3), 
(4), (5), (6), (7), (8), (9), (10), (11), (12), (13), 
and (14) as paragraphs (3), (4), (5), (6), (7), 
(9), (10), (11), (12), (14), (15), (16), and (17), 
respectively; and 
(B) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) CONTINGENT COMMITMENT.—The term ‘con-
tingent commitment’ means a commitment to obligate 
an amount from future available budget authority, 
but is not an obligation of the Federal Government.’’. 
(3) 
MASTER
CREDIT
AGREEMENT.—Section 
601(a) (as amended by paragraph (2)(A) of this sub-
section) is further amended by inserting after para-
graph (7) the following: 
‘‘(8) MASTER
CREDIT
AGREEMENT.—The term 
‘master credit agreement’ means an agreement entered 
into by and between the Secretary and an obligor for 
a project that— 
‘‘(A) makes contingent commitments of one 
or more secured loans or other Federal credit in-
struments at future dates, subject to the provi-
sion of future budget authority; 
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‘‘(B) establishes the amounts and general 
terms and conditions of such secured loans or 
other Federal credit instruments; 
‘‘(C) identifies the dedicated revenue sources 
that will secure the repayment of such secured 
loans or other Federal credit instruments, which 
may differ by project; and 
‘‘(D) provides for the obligation of funds for 
such a secured loan or other Federal credit in-
strument, subject to the provision of future budg-
et authority, for a project included in the agree-
ment after all requirements under this section 
have been met for the project.’’. 
(4) OBLIGOR.—Section 601(a)(9) (as redesig-
nated by paragraph (2)(A) of this subsection) is 
amended by inserting ‘‘limited liability company,’’ 
after ‘‘corporation,’’. 
(5) PROJECT.—Section 601(a)(10) (as redesig-
nated by paragraph (2)(A) of this subsection) is 
amended— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (C); 
(B) by striking the period at the end of sub-
paragraph (D) and inserting a semicolon; and 
(C) by adding at the end the following: 
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‘‘(E) a program of related transportation 
projects that— 
‘‘(i) are coordinated to achieve a com-
mon transportation goal; 
‘‘(ii) are eligible for funding under this 
title or chapter 53 of title 49; and 
‘‘(iii) together receive not more than 30 
percent of their funding for capital costs 
from Federal grant funds made available 
under this title or chapter 53 of title 49; 
and 
‘‘(F) a highway, transit, or pedestrian 
project, or grouping of projects, that— 
‘‘(i) improves mobility; and 
‘‘(ii) is located within the station area 
of a transit, passenger rail, or intercity bus 
station.’’. 
(6) RURAL INFRASTRUCTURE PROJECT.—Section 
601(a) (as amended by paragraph (2)(A) of this sub-
section) is further amended by inserting after para-
graph (12) the following: 
‘‘(13) RURAL INFRASTRUCTURE PROJECT.—The 
term ‘rural infrastructure project’ means a surface 
transportation infrastructure project located in any 
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area other than an urbanized area that has a popu-
lation of greater than 250,000 inhabitants.’’. 
(7) SUBSIDY AMOUNT.—Section 601(a)(16) (as 
redesignated by paragraph (2)(A) of this subsection) 
is amended by inserting ‘‘, or other source of funds 
provided pursuant to section 608(c)(2),’’ after ‘‘budget 
authority’’. 
(b) PROJECT APPLICATIONS AND DETERMINATIONS OF 
ELIGIBILITY.— 
(1) IN GENERAL.—Section 602 is amended to 
read as follows: 
‘‘§ 602. Project applications and determinations of eli-
gibility 
‘‘(a) PROJECT APPLICATIONS.— 
‘‘(1) IN GENERAL.—A State, local government, 
agency or instrumentality of a State or local govern-
ment, public authority, private party to a public-pri-
vate partnership, or any other legal entity under-
taking a project may submit to the Secretary an ap-
plication requesting financial assistance under this 
chapter for the project. 
‘‘(2) MASTER CREDIT AGREEMENTS.—An appli-
cation submitted under paragraph (1) may request 
that financial assistance under this chapter be pro-
vided under a master credit agreement. 
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‘‘(3) APPLICATIONS WHERE OBLIGOR WILL BE 
IDENTIFIED LATER.—A State, local government, agen-
cy or instrumentality of a State or local government, 
or public authority may submit an application to the 
Secretary under paragraph (1) under which a private 
party to a public-private partnership will be the obli-
gor and will be identified later through completion of 
a procurement and selection of the private party. 
‘‘(b) ELIGIBILITY.— 
‘‘(1) APPROVAL.—The Secretary shall approve 
an application submitted under subsection (a)(1) for 
each project that meets the criteria specified in para-
graph (2). 
‘‘(2) CRITERIA.—To be eligible to receive finan-
cial assistance under this chapter, a project shall meet 
the following criteria: 
‘‘(A) INCLUSION IN TRANSPORTATION PLANS 
AND PROGRAMS.—The project shall satisfy the 
applicable planning and programmatic require-
ments of sections 5203 and 5204 of title 49— 
‘‘(i) in the case of an application for 
financial assistance to be provided under a 
master credit agreement, at such time as 
credit assistance is provided for the project 
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pursuant to the master credit agreement; 
and 
‘‘(ii) in the case of any other project 
application, at such time as an agreement 
to make available a Federal credit instru-
ment is entered into under this chapter. 
‘‘(B) CREDITWORTHINESS.— 
‘‘(i) IN
GENERAL.—The project shall 
satisfy applicable creditworthiness stand-
ards, including, at a minimum— 
‘‘(I) a rate covenant, if applicable; 
‘‘(II) adequate coverage require-
ments to ensure repayment; 
‘‘(III) an investment grade rating 
from at least 2 rating agencies on debt 
senior to the Federal credit instrument; 
and 
‘‘(IV) a rating from at least 2 rat-
ing agencies on the Federal credit in-
strument. 
‘‘(ii) 
AMOUNTS
LESS
THAN 
$75,000,000.—Notwithstanding 
clauses 
(i)(III) and (i)(IV), if the senior debt and 
Federal credit instrument is for an amount 
less than $75,000,000, 1 rating agency 
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opinion for each of the senior debt and Fed-
eral credit instrument shall be sufficient. 
‘‘(iii) FEDERAL CREDIT INSTRUMENTS 
THAT
ARE
THE
SENIOR
DEBT.—Notwith-
standing clauses (i)(III) and (i)(IV), in a 
case in which the Federal credit instrument 
is the senior debt, the Federal credit instru-
ment shall be required to receive an invest-
ment grade rating from at least 2 rating 
agencies. 
‘‘(C) ELIGIBLE PROJECT COSTS.—The eligi-
ble costs of the project— 
‘‘(i) in the case of a project described 
in section 601(a)(9)(F) or a project prin-
cipally involving the installation of an in-
telligent transportation system, shall be rea-
sonably anticipated to equal or exceed 
$15,000,000; 
‘‘(ii) in the case of a project for which 
financial assistance will be provided under 
a master credit agreement, shall be reason-
ably 
anticipated 
to 
equal 
or 
exceed 
$1,000,000,000; 
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100 
‘‘(iii) in the case of a rural infrastruc-
ture project, shall be reasonably anticipated 
to equal or exceed $25,000,000; and 
‘‘(iv) in the case of any other project, 
shall be reasonably anticipated to equal or 
exceed the lesser of— 
‘‘(I) $50,000,000; or 
‘‘(II) 331⁄3 percent of the amount 
apportioned, out of amounts made 
available from the Highway Trust 
Fund (other than the Alternative 
Transportation Account), to the State 
in which the project is located for Fed-
eral-aid highway and highway safety 
construction programs for the most re-
cently completed fiscal year. 
‘‘(D) DEDICATED REVENUE SOURCES.—The 
Federal credit instrument for the project shall be 
repayable, in whole or in part, from tolls, user 
fees, payments owing to the obligor under a pub-
lic-private partnership, or other dedicated rev-
enue sources that also secure or fund the project 
obligations. 
‘‘(E) REGIONAL SIGNIFICANCE.—The project 
shall be regionally significant (as defined in reg-
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101 
ulations implementing sections 134 and 135 (as 
in effect on the day before the date of enactment 
of the American Energy and Infrastructure Jobs 
Act of 2012)) or otherwise significantly enhance 
the national transportation system. 
‘‘(F) PUBLIC SPONSORSHIP OF PRIVATE EN-
TITIES.—In the case of a project undertaken by 
an entity that is not a State or local government 
(or an agency or instrumentality of a State or 
local government), the project shall be publicly 
sponsored as provided under subsection (a). 
‘‘(G) BENEFICIAL EFFECTS.—The Secretary 
shall determine that financial assistance for the 
project under this chapter will— 
‘‘(i) foster an innovative public-private 
partnership and attract private debt or eq-
uity investment for the project; 
‘‘(ii) enable the project to proceed at 
an earlier date than the project would other-
wise be able to proceed or reduce the 
project’s life cycle costs, including debt serv-
ice costs; and 
‘‘(iii) reduce the contribution of Fed-
eral grant assistance for the project. 
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102 
‘‘(H) PROJECT READINESS.—The applicant 
shall demonstrate that the contracting process for 
construction of the project can be commenced not 
later than 90 days after the date on which a 
Federal credit instrument is secured for the 
project under this chapter. 
‘‘(c) PRELIMINARY RATING OPINION LETTER.—For 
purposes of subsection (b)(2)(B), the Secretary shall require 
each applicant for a project to provide a preliminary rating 
opinion letter from at least 1 rating agency indicating that 
the project’s senior obligations, which may consist, in whole 
or in part, of the Federal credit instrument, have the poten-
tial to achieve an investment-grade rating. 
‘‘(d) APPROVAL OF APPLICATIONS AND FUNDING.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) approve applications for projects that 
meet the criteria specified in subsection (b)(2) in 
the order in which the Secretary receives the ap-
plications; and 
‘‘(B) commit or conditionally commit budg-
et authority for projects, out of amounts made 
available to carry out this chapter for a fiscal 
year, in the order in which the Secretary ap-
proves the applications for such projects. 
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103 
‘‘(2) INSUFFICIENT FUNDS.—If the Secretary ap-
proves an application submitted under subsection 
(a)(1) for a project in a fiscal year, but is unable to 
provide financial assistance for the project in that fis-
cal year as a result of prior commitments or condi-
tional commitments of budget authority under this 
chapter, the Secretary shall provide the project spon-
sor with the option of receiving such financial assist-
ance as soon as sufficient budget authority is made 
available to carry out this chapter in a subsequent 
fiscal year. 
‘‘(e) PROCEDURES FOR DETERMINING PROJECT ELIGI-
BILITY.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish procedures for— 
‘‘(A) processing applications received under 
subsection (a)(1) requesting financial assistance 
for projects; and 
‘‘(B) approving or disapproving the appli-
cations based on whether the projects meet the 
criteria specified in subsection (b)(2). 
‘‘(2) APPLICATION PROCESSING PROCEDURES.— 
The procedures shall meet the following requirements: 
‘‘(A) The procedures may not restrict when 
applications may be filed. 
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104 
‘‘(B) The procedures shall ensure that— 
‘‘(i) the Secretary will provide written 
notice to an applicant, on or before the 15th 
day following the date of receipt of the ap-
plicant’s application, informing the appli-
cant of whether the application is complete; 
‘‘(ii) if the application is complete, the 
Secretary will provide written notice to the 
applicant, on or before the 60th day fol-
lowing the date of issuance of written notice 
for the application under clause (i), inform-
ing the applicant of whether the Secretary 
has approved or disapproved the applica-
tion; 
‘‘(iii) if the application is not com-
plete, the Secretary will provide written no-
tice to the applicant, together with the writ-
ten notice issued for the application under 
clause (i), informing the applicant of the 
information and materials needed to com-
plete the application; and 
‘‘(iv) if the Secretary does not provide 
written notice to an applicant under clause 
(i) in the 15-day period specified in clause 
(i)— 
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105 
‘‘(I) the applicant’s application is 
deemed complete; and 
‘‘(II) the Secretary will provide 
written notice to the applicant, on or 
before the 60th day following the last 
day of such 15-day period, informing 
the applicant of whether the Secretary 
has approved or disapproved the appli-
cation. 
‘‘(C) The procedures may not use eligibility 
criteria that are supplemental to those estab-
lished by this chapter. 
‘‘(D) In accordance with subsection (b)(1), 
the procedures shall require approval of an ap-
plication if the project meets the eligibility cri-
teria specified in subsection (b)(2). 
‘‘(E) The procedures shall require that any 
written notice of disapproval of an application 
identify the eligibility criteria that were not sat-
isfied and contain an explanation of the defi-
ciencies that resulted in failure to meet such cri-
teria. 
‘‘(3) SPECIAL
RULES
FOR
MASTER
CREDIT 
AGREEMENTS.—The Secretary shall issue special rules 
for— 
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‘‘(A) processing applications under which 
financial assistance will be provided under a 
master credit agreement; and 
‘‘(B) approving or disapproving such appli-
cations based on whether the proposed project or 
program of related projects meets the applicable 
eligibility criteria specified in section 601(a)(7). 
‘‘(f) APPLICATION APPROVAL.—Approval of an appli-
cation for a project under subsection (a)(1) qualifies the 
project for execution of a conditional term sheet establishing 
a conditional commitment of credit assistance. 
‘‘(g) FEDERAL REQUIREMENTS.—In addition to the 
requirements of this title for highway projects, chapter 53 
of title 49 for public transportation projects, and section 
5333(a) of title 49 for rail projects, the following provisions 
of law shall apply to funds made available under this chap-
ter and projects assisted with the funds: 
‘‘(1) Title VI of the Civil Rights Act of 1964 (42 
U.S.C. 2000d et seq.). 
‘‘(2) The National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(3) The Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 1970 (42 
U.S.C. 4601 et seq.). 
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‘‘(h) DEVELOPMENT PHASE ACTIVITIES.—Any credit 
instrument secured under this chapter may be used to fi-
nance 100 percent of the cost of development phase activities 
as described in section 601(a)(1)(A) if the total amount of 
the credit instrument does not exceed the maximum amount 
for such instrument prescribed in this chapter.’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
chapter 6 is amended by striking the item relating to 
section 602 and inserting the following: 
‘‘602. Project applications and determinations of eligibility.’’. 
(c) SECURED LOANS.— 
(1) IN GENERAL.— 
(A) 
APPROVAL
OF
PROJECTS.—Section 
603(1) is amended by striking ‘‘selected’’ each 
place it appears and inserting ‘‘approved’’. 
(B) AGREEMENTS.—Section 603(a)(1) is 
amended in the matter preceding subparagraph 
(A) by inserting ‘‘, including master credit 
agreements,’’ after ‘‘agreements’’. 
(C) RISK ASSESSMENT.—Section 603(a)(3) 
is amended by striking ‘‘602(b)(2)(B)’’ and in-
serting ‘‘602(c)’’. 
(2) TERMS AND LIMITATIONS.— 
(A) IN
GENERAL.—Section 603(b)(1) is 
amended by inserting ‘‘are consistent with this 
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chapter and its purpose and that’’ before ‘‘the 
Secretary determines appropriate.’’. 
(B) 
MAXIMUM
AMOUNTS.—Section 
603(b)(2) is amended to read as follows: 
‘‘(2) MAXIMUM AMOUNTS.—The amount of the 
secured loan may not exceed 49 percent of the reason-
ably anticipated eligible project costs.’’. 
(C) PAYMENT.—Section 603(b)(3)(A)(i) is 
amended by inserting ‘‘payments owing to the 
obligor under a public-private partnership,’’ be-
fore ‘‘or other dedicated revenue sources’’. 
(D) 
NONSUBORDINATION.—Section 
603(b)(6) is amended by inserting after ‘‘project 
obligations’’ the following: ‘‘entered into after the 
date on which the agreement to provide the se-
cured loan is entered into under this section (ex-
cept that such obligations do not include project 
obligations issued to refund prior project obliga-
tions or project obligations not contemplated by 
the parties at the time)’’. 
(d) LINES OF CREDIT.— 
(1) APPROVAL OF PROJECTS.—Section 604(a)(1) 
is amended by striking ‘‘selected’’ and inserting ‘‘ap-
proved’’. 
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(2) RISK
ASSESSMENT.—Section 604(a)(3) is 
amended by striking ‘‘602(b)(2)(B)’’ and inserting 
‘‘602(c)’’. 
(3) TERMS AND LIMITATIONS.— 
(A) IN
GENERAL.—Section 604(b)(1) is 
amended by inserting ‘‘are consistent with this 
chapter and its purpose and that’’ before ‘‘the 
Secretary determines appropriate.’’. 
(B) 
MAXIMUM
AMOUNTS.—Section 
604(b)(2) is amended to read as follows: 
‘‘(2) MAXIMUM AMOUNTS.—The total amount of 
the line of credit may not exceed 49 percent of the 
reasonably anticipated eligible project costs.’’. 
(C) SECURITY.—Section 604(b)(5)(A)(i) is 
amended by inserting ‘‘payments owing to the 
obligor under a public-private partnership,’’ be-
fore ‘‘or other dedicated revenue sources’’. 
(D) 
NONSUBORDINATION.—Section 
604(b)(8) is amended by inserting after ‘‘project 
obligations’’ the following: ‘‘entered into after the 
date on which the agreement to provide the di-
rect loan is entered into under this section (ex-
cept that such obligations do not include project 
obligations issued to refund prior project obliga-
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110 
tions or project obligations not contemplated by 
the parties at the time)’’. 
(E) RELATIONSHIP TO OTHER CREDIT IN-
STRUMENTS.—Section 604(b)(10) is amended by 
striking ‘‘33 percent’’ and inserting ‘‘49 per-
cent’’. 
(e) PROGRAM
ADMINISTRATION.—Section 605 is 
amended by adding at the end the following: 
‘‘(e) EXPEDITED PROCESSING.—The Secretary shall 
implement procedures and measures to economize the time 
and cost involved in obtaining approval and the issuance 
of credit assistance under this chapter.’’. 
(f) FUNDING.— 
(1) IN GENERAL.—Section 608(a)(1) is amended 
to read as follows: 
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated from the Highway Trust Fund (other than 
the Alternative Transportation Account) to carry out 
this chapter $1,000,000,000 for each of fiscal years 
2013 through 2016.’’. 
(2) ADMINISTRATIVE COSTS.—Section 608(a)(3) 
is amended by striking ‘‘$2,200,000 for each of fiscal 
years 2005 through 2009’’ and inserting ‘‘$3,250,000 
for each of fiscal years 2013 through 2016’’. 
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111 
(3) PROJECTS UNDER A MASTER CREDIT AGREE-
MENT.—Section 608(a) is amended by adding at the 
end the following: 
‘‘(4) PROJECTS
UNDER
A
MASTER
CREDIT 
AGREEMENT.—The Secretary may commit or condi-
tionally commit to projects covered by master credit 
agreements not more than 15 percent of the amount 
of budget authority for each fiscal year under para-
graph (1). This limitation does not apply to a project 
under a master credit agreement that has received 
final credit approval.’’. 
(4) EXHAUSTION OF AVAILABILITY.—Section 608 
is amended by adding at the end the following: 
‘‘(c) EXHAUSTION OF AVAILABILITY.— 
‘‘(1) NOTICE
OF
EXHAUSTION.—Whenever the 
Secretary fully commits budget authority available in 
a fiscal year under subparagraph (a)(1), the Sec-
retary shall— 
‘‘(A) publish notice of that fact in the Fed-
eral Register; and 
‘‘(B) deliver written notice of that fact to 
the applicants under all approved and pending 
applications. 
‘‘(2) ELECTION TO USE OTHER SOURCES FOR 
SUBSIDY AMOUNT.—An applicant may elect in its ap-
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plication or at any time after receipt of such notice 
to pay the subsidy amount from available sources 
other than the budget authority available in a fiscal 
year under subparagraph (a)(1), including from Fed-
eral assistance available to the applicant under this 
title or chapter 53 of title 49. 
‘‘(d) USE OF UNALLOCATED FUNDS.— 
‘‘(1) DISTRIBUTION
AMONG
STATES.—On Sep-
tember 1 of each fiscal year, the Secretary shall dis-
tribute any remaining budget authority made avail-
able in subsection (a)(1) among the States in the 
ratio that— 
‘‘(A) the amount authorized to be appor-
tioned, out of amounts made available from the 
Highway Trust Fund (other than the Alternative 
Transportation Account), to each State for the 
National Highway System program, the surface 
transportation program, and highway safety im-
provement program for the fiscal year; bears to 
‘‘(B) the amount authorized to be appor-
tioned, out of amounts made available from the 
Highway Trust Fund (other than the Alternative 
Transportation Account), to all States for the 
National Highway System program, the surface 
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113 
transportation program, and highway safety im-
provement program for the fiscal year. 
‘‘(2) ELIGIBLE PURPOSES.—Such budget author-
ity shall be available for any purpose eligible for 
funding under section 133.’’. 
SEC. 1202. STATE INFRASTRUCTURE BANK PROGRAM. 
(a) FUNDING.— 
(1) IN GENERAL.—Section 610(d) is amended— 
(A) by striking ‘‘fiscal years 2005 through 
2009’’ each place that it appears and inserting 
‘‘fiscal years 2013 through 2016’’; and 
(B) by striking ‘‘10 percent’’ each place that 
it appears and inserting ‘‘15 percent’’. 
(2) HIGHWAY ACCOUNTS.—Section 610(d)(1) is 
amended— 
(A) in subparagraph (A) by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (B) by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) 100 percent of the funds apportioned 
to the State for each of fiscal years 2013 through 
2016 under section 611.’’. 
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114 
(b) PROGRAM ADMINISTRATION.—Section 610(k) is 
amended by striking ‘‘fiscal years 2005 through 2009’’ and 
inserting ‘‘fiscal years 2013 through 2016’’. 
SEC. 1203. STATE INFRASTRUCTURE BANK CAPITALIZA-
TION. 
(a) IN GENERAL.—Chapter 6 is amended by adding 
at the end the following: 
‘‘§ 611. State infrastructure bank capitalization 
‘‘(a) APPORTIONMENT OF FUNDS.—On October 1 of 
each fiscal year, the Secretary shall apportion amounts 
made available to carry out this section for a fiscal year 
among the States in the ratio that— 
‘‘(1) the amount authorized to be apportioned, 
out of amounts made available from the Highway 
Trust Fund (other than the Alternative Transpor-
tation Account), to each State for the National High-
way System program, the surface transportation pro-
gram, and highway safety improvement program for 
the fiscal year; bears to 
‘‘(2) the amount authorized to be apportioned, 
out of amounts made available from the Highway 
Trust Fund (other than the Alternative Transpor-
tation Account), to all States for the National High-
way System program, the surface transportation pro-
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gram, and highway safety improvement program for 
the fiscal year. 
‘‘(b) ELIGIBLE USES OF FUNDING.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), funds apportioned to a State under sub-
section (a) shall be used by the State to make capital-
ization grants to the highway account of the State’s 
infrastructure bank established under section 610. 
‘‘(2) FISCAL YEARS 2013 AND 2014.—Funds ap-
portioned to a State under subsection (a) for fiscal 
years 2013 and 2014 may be used by the State for 
eligible projects on the National Highway System, as 
described in section 119(d). 
‘‘(c) REAPPORTIONMENT OF FUNDS.—For fiscal year 
2015 and each fiscal year thereafter, if by August 1 of the 
fiscal year a State does not obligate the funds apportioned 
to the State for the fiscal year under subsection (a) for pro-
viding capitalization grants described in subsection (b), the 
Secretary shall reapportion the remaining funds among 
those States that— 
‘‘(1) did obligate before such date all of the funds 
apportioned to the State for the fiscal year under sub-
section (a); and 
‘‘(2) certify to the Secretary that the State will 
use the additional funds to make capitalization 
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grants described in subsection (b) before the end of the 
fiscal year. 
‘‘(d) LIMITATION.—Any reapportionment of funds 
pursuant to subsection (d) shall not require a recalculation 
of percentages under section 105. 
‘‘(e) APPLICABILITY OF FEDERAL LAW.—The require-
ments referred to in section 610(h) shall apply to any funds 
apportioned under this section. 
‘‘(f) FUNDING.— 
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated out of the Highway Trust Fund (other 
than the Alternative Transportation Account) to 
carry out this section $750,000,000 for each of fiscal 
years 2013 through 2016. 
‘‘(2) CONTRACT AUTHORITY.—Funds made avail-
able under paragraph (1) shall be available for obli-
gation in the same manner as if the funds were ap-
portioned under chapter 1.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
6 is amended by adding at the end the following: 
‘‘611. State infrastructure bank capitalization.’’. 
SEC. 1204. TOLLING. 
(a) AMENDMENT
TO TOLLING PROVISION.—Section 
129(a) is amended to read as follows: 
‘‘(a) BASIC PROGRAM.— 
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‘‘(1) AUTHORIZATION FOR FEDERAL PARTICIPA-
TION.—Subject to the provisions of this section, Fed-
eral participation shall be permitted on the same 
basis and in the same manner as construction of toll- 
free highways is permitted under this chapter in 
the— 
‘‘(A) initial construction of a toll highway, 
bridge, or tunnel or approach thereto; 
‘‘(B) initial construction of one or more 
lanes or other improvements that increase capac-
ity of a highway, bridge, or tunnel (other than 
a highway on the Interstate System) and conver-
sion of that highway, bridge, or tunnel to a 
tolled facility; 
‘‘(C) initial construction of one or more 
lanes or other improvements that increase the ca-
pacity of a highway, bridge, or tunnel on the 
Interstate System and conversion of that high-
way, bridge, or tunnel to a tolled facility, if the 
number of toll-free non-HOV lanes, excluding 
auxiliary lanes, after such construction is not 
less than the number of toll-free non-HOV lanes, 
excluding auxiliary lanes, before such construc-
tion; 
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‘‘(D) reconstruction, resurfacing, restora-
tion, rehabilitation, or replacement of a toll 
highway, bridge, or tunnel or approach thereto; 
‘‘(E) reconstruction or replacement of a toll- 
free bridge or tunnel and conversion of the bridge 
or tunnel to a toll facility; 
‘‘(F) reconstruction, restoration, or rehabili-
tation of a toll-free Federal-aid highway (other 
than a highway on the Interstate System) and 
conversion of the highway to a toll facility; 
‘‘(G) reconstruction, restoration, or rehabili-
tation of a highway on the Interstate System if 
the number of toll-free non-HOV lanes, excluding 
auxiliary lanes, after reconstruction, restoration, 
or rehabilitation is not less than the number of 
toll-free non-HOV lanes, excluding auxiliary 
lanes, before reconstruction, restoration or reha-
bilitation; 
‘‘(H) conversion of a high occupancy vehicle 
lane on a highway, bridge, or tunnel to a toll fa-
cility; and 
‘‘(I) preliminary studies to determine the 
feasibility of a toll facility for which Federal 
participation is authorized under this para-
graph. 
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119 
‘‘(2) OWNERSHIP.—Each highway, bridge, tun-
nel, or approach thereto constructed under this sub-
section must— 
‘‘(A) be publicly owned; or 
‘‘(B) be privately owned if the public au-
thority with jurisdiction over the highway, 
bridge, tunnel, or approach has entered into a 
contract with a private person or persons to de-
sign, finance, construct, and operate the facility 
and the public authority will be responsible for 
complying with all applicable requirements of 
this title with respect to the facility. 
‘‘(3) LIMITATIONS ON USE OF REVENUES.— 
‘‘(A) IN
GENERAL.—A public authority 
with jurisdiction over a toll facility shall use all 
toll revenues received from operation of the toll 
facility only for— 
‘‘(i) debt service with respect to the 
projects on or for which the tolls are author-
ized, including funding of reasonable re-
serves and debt service on refinancing; 
‘‘(ii) reasonable return on investment 
of any private person financing the project, 
as determined by the State or interstate 
compact of States concerned; 
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‘‘(iii) any costs necessary for the im-
provement and proper operation and main-
tenance of the toll facility, including recon-
struction, resurfacing, restoration, and re-
habilitation; 
‘‘(iv) if the toll facility is subject to a 
public-private partnership agreement, pay-
ments that the party holding the right to 
toll revenues owes to the other party under 
the public-private partnership agreement; 
and 
‘‘(v) if the public authority certifies 
annually that the tolled facility is being 
adequately maintained, the public authority 
may use toll revenues for any other purpose 
for which Federal funds may be obligated 
by a State under this title. 
‘‘(B) ANNUAL AUDIT.—A public authority 
with jurisdiction over a toll facility shall conduct 
or have an independent auditor conduct an an-
nual audit of toll facility records to verify ade-
quate maintenance and compliance with sub-
paragraph (A), and report the results of such au-
dits to the Secretary. Upon reasonable notice, the 
public authority shall make all records of the 
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121 
public authority pertaining to the toll facility 
available for audit by the Secretary. 
‘‘(C) NONCOMPLIANCE.—If the Secretary 
concludes that a public authority has not com-
plied with the limitations on the use of revenues 
described in subparagraph (A), the Secretary 
may require the public authority to discontinue 
collecting tolls until an agreement with the Sec-
retary is reached to achieve compliance with the 
limitation on the use of revenues described in 
subparagraph (A). 
‘‘(4) LIMITATIONS ON CONVERSION OF HIGH OC-
CUPANCY VEHICLE FACILITIES ON INTERSTATE SYS-
TEM.— 
‘‘(A) IN
GENERAL.—A public authority 
with jurisdiction over a high occupancy vehicle 
facility on the Interstate System may undertake 
reconstruction, 
restoration, 
or 
rehabilitation 
under subsection (a)(1)(G) on the facility, and 
may levy tolls on vehicles, excluding high occu-
pancy vehicles, using the reconstructed, restored, 
or rehabilitated facility, if the public author-
ity— 
‘‘(i) in the case of a high occupancy ve-
hicle facility that affects a metropolitan 
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122 
area, submits to the Secretary a written as-
surance that the metropolitan planning or-
ganization designated under section 5203 of 
title 49 for the area has been consulted con-
cerning the placement and amount of tolls 
on the converted facility; 
‘‘(ii) develops, manages, and maintains 
a system that will automatically collect the 
toll; and 
‘‘(iii) establishes policies and proce-
dures to— 
‘‘(I) manage the demand to use 
the facility by varying the toll amount 
that is charged; and 
‘‘(II) enforce sanctions for viola-
tions of use of the facility. 
‘‘(B) EXEMPTION FROM TOLLS.—In levying 
tolls on a facility under subparagraph (A), a 
public authority may designate classes of vehicles 
that are exempt from the tolls or charge different 
toll rates for different classes of vehicles. 
‘‘(5) SPECIAL RULE FOR FUNDING.—In the case 
of a toll facility under the jurisdiction of a public au-
thority of a State (other than the State transportation 
department), upon request of the State transportation 
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123 
department and subject to such terms and conditions 
as such department and public authority may agree, 
the Secretary, working through the State department 
of transportation, shall reimburse such public author-
ity for the Federal share of the costs of construction 
of the project carried out on the toll facility under 
this subsection in the same manner and to the same 
extent as such department would be reimbursed if 
such project was being carried out by such depart-
ment. The reimbursement of funds under this para-
graph shall be from sums apportioned to the State 
under this chapter and available for obligations on 
projects on the Federal-aid system in such State on 
which the project is being carried out. 
‘‘(6) LIMITATION
ON
FEDERAL
SHARE.—The 
Federal share payable for a project described in para-
graph (1) shall be a percentage determined by the 
State but not to exceed 80 percent. 
‘‘(7) MODIFICATIONS.—If a public authority (in-
cluding a State transportation department) with ju-
risdiction over a toll facility subject to an agreement 
under this section or section 119(e), as in effect on the 
day before the effective date of title I of the Inter-
modal Surface Transportation Efficiency Act of 1991, 
requests modification of such agreement, the Secretary 
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124 
shall modify such agreement to allow the continuation 
of tolls in accordance with paragraph (3) without re-
payment of Federal funds. 
‘‘(8) LOANS.— 
‘‘(A) IN GENERAL.—Using amounts made 
available under this title, a State may loan to 
a public or private entity constructing or pro-
posing to construct under this section a toll facil-
ity or non-toll facility with a dedicated revenue 
source an amount equal to all or part of the Fed-
eral share of the cost of the project if the project 
has a revenue source specifically dedicated to it. 
Dedicated revenue sources for non-toll facilities 
include excise taxes, sales taxes, motor vehicle use 
fees, tax on real property, tax increment financ-
ing, and such other dedicated revenue sources as 
the Secretary determines appropriate. 
‘‘(B) COMPLIANCE WITH FEDERAL LAWS.— 
As a condition of receiving a loan under this 
paragraph, the public or private entity that re-
ceives the loan shall ensure that the project will 
be carried out in accordance with this title and 
any other applicable Federal law, including any 
applicable provision of a Federal environmental 
law. 
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125 
‘‘(C) 
SUBORDINATION
OF
DEBT.—The 
amount of any loan received for a project under 
this paragraph may be subordinated to any 
other debt financing for the project. 
‘‘(D) OBLIGATION
OF
FUNDS
LOANED.— 
Funds loaned under this paragraph may only be 
obligated for projects under this paragraph. 
‘‘(E) REPAYMENT.—The repayment of a 
loan made under this paragraph shall commence 
not later than 5 years after date on which the fa-
cility that is the subject of the loan is open to 
traffic. 
‘‘(F) TERM OF LOAN.—The term of a loan 
made under this paragraph shall not exceed 30 
years from the date on which the loan funds are 
obligated. 
‘‘(G) INTEREST.—A loan made under this 
paragraph shall bear interest at or below market 
interest rates, as determined by the State, to 
make the project that is the subject of the loan 
feasible. 
‘‘(H) REUSE OF FUNDS.—Amounts repaid 
to a State from a loan made under this para-
graph may be obligated— 
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‘‘(i) for any purpose for which the loan 
funds were available under this title; and 
‘‘(ii) for the purchase of insurance or 
for use as a capital reserve for other forms 
of credit enhancement for project debt in 
order to improve credit market access or to 
lower interest rates for projects eligible for 
assistance under this title. 
‘‘(I) GUIDELINES.—The Secretary shall es-
tablish procedures and guidelines for making 
loans under this paragraph. 
‘‘(9) STATE
LAW
PERMITTING
TOLLING.—If a 
State does not have a highway, bridge, or tunnel toll 
facility as of the date of enactment of the American 
Energy and Infrastructure Jobs Act of 2012, before 
commencing any activity authorized under this sec-
tion, the State must have in effect a law that permits 
tolling on a highway, bridge, or tunnel. 
‘‘(10) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) HIGH
OCCUPANCY
VEHICLE; HOV.— 
The term ‘high occupancy vehicle’ or ‘HOV’ 
means a vehicle with no fewer than 2 occupants. 
‘‘(B) INITIAL
CONSTRUCTION.—The term 
‘initial construction’ means the construction of a 
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highway, bridge, tunnel, or other facility at any 
time before it is open to traffic and does not in-
clude any improvement to a highway, bridge, 
tunnel, or other facility after it is open to traffic. 
‘‘(C) PUBLIC AUTHORITY.—The term ‘public 
authority’ means a State, interstate compact of 
States, or public entity designated by a State. 
‘‘(D) TOLL FACILITY.—The term ‘toll facil-
ity’ means a toll highway, bridge, or tunnel or 
approach thereto constructed under this sub-
section.’’. 
(b) ELECTRONIC
TOLL
COLLECTION
INTEROPER-
ABILITY REQUIREMENTS.—Not later than 2 years after the 
date of enactment of this Act, all toll facilities on the Fed-
eral-aid highways shall implement technologies or business 
practices that provide for the interoperability of electronic 
toll collection programs. 
SEC. 1205. HOV FACILITIES. 
(a) HOV EXCEPTIONS.—Section 166(b)(5) is amend-
ed— 
(1) in subparagraphs (A) and (B) by striking 
‘‘2009’’ and inserting ‘‘2016’’; and 
(2) in subparagraph (C)— 
(A) by striking ‘‘subparagraph (B)’’ and in-
serting ‘‘this paragraph’’; and 
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(B) by inserting ‘‘or equal to’’ after ‘‘less 
than’’. 
(b) REQUIREMENTS APPLICABLE TO TOLLS.—Section 
166(c)(3) is amended to read as follows: 
‘‘(3) TOLL
REVENUE.—Toll revenue collected 
under this section is subject to the requirements of sec-
tion 129(a)(3).’’. 
(c) HOV FACILITY MANAGEMENT, OPERATION, MONI-
TORING, AND ENFORCEMENT.—Section 166(d)(2) is amend-
ed by adding at the end the following: 
‘‘(D) MAINTENANCE
OF
OPERATING
PER-
FORMANCE.—Not later than 6 months after a fa-
cility has been determined to be degraded pursu-
ant to the standard specified in subparagraph 
(B), the State agency with jurisdiction over the 
facility shall bring the facility into compliance 
with the minimum average operating speed per-
formance standard through changes to operation 
of the facility, including— 
‘‘(i) increasing the occupancy require-
ment for HOV lanes; 
‘‘(ii) varying the toll charged to vehi-
cles allowed under subsection (b) to reduce 
demand; 
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‘‘(iii) discontinuing allowing non-HOV 
vehicles to use HOV lanes under subsection 
(b); or 
‘‘(iv) increasing the available capacity 
of the HOV facility.’’. 
SEC. 1206. PUBLIC-PRIVATE PARTNERSHIPS. 
(a) BEST PRACTICES.—The Secretary shall compile, 
and make available to the public on the Internet Web site 
of the Department, best practices on how States, public 
transportation agencies, and other public officials can work 
with the private sector in the development, financing, con-
struction, and operation of transportation facilities. 
(b) CONTENTS.—The best practices shall include po-
lices and techniques to ensure that the interests of the trav-
eling public and State and local governments are protected 
in any agreement entered into with the private sector for 
the development, financing, construction, and operation of 
transportation facilities. 
(c) TECHNICAL ASSISTANCE.—The Secretary, upon re-
quest, may provide technical assistance to States, public 
transportation agencies, and other public officials regard-
ing proposed public-private partnership agreements for the 
development, financing, construction, and operation of 
transportation facilities, including assistance in analyzing 
whether the use of a public-private partnership agreement 
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would provide value compared with traditional public de-
livery methods. 
(d) STANDARD TRANSACTION CONTRACTS.— 
(1) DEVELOPMENT.—Not later than 18 months 
after the date of enactment of this Act, the Secretary 
shall develop standard public-private partnership 
transaction model contracts for the most popular 
types of public-private partnerships for the develop-
ment, financing, construction, and operation of trans-
portation facilities. 
(2) USE.—The Secretary shall encourage States, 
public transportation agencies, and other public offi-
cials to use the model contracts as a base template 
when developing their own public-private partnership 
agreements for the development, financing, construc-
tion, and operation of transportation facilities. 
Subtitle C—Highway Safety 
SEC. 1301. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
Section 148 is amended to read as follows: 
‘‘§ 148. Highway safety improvement program 
‘‘(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—The term ‘highway safety improvement pro-
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gram’ means the program carried out under this sec-
tion. 
‘‘(2) 
HIGHWAY
SAFETY
IMPROVEMENT 
PROJECT.—The term ‘highway safety improvement 
project’ means a project consistent with an applicable 
State strategic highway safety plan that— 
‘‘(A) corrects or improves a roadway feature 
that constitutes a hazard to any road users; or 
‘‘(B) addresses any other highway safety 
problem. 
‘‘(3) PROJECT TO MAINTAIN MINIMUM LEVELS OF 
RETROREFLECTIVITY.—The term ‘project to maintain 
minimum levels of retroreflectivity’ means a project 
undertaken pursuant to the provisions of the Manual 
on Uniform Traffic Control Devices that require the 
use of an assessment or management method designed 
to maintain highway sign or pavement marking 
retroreflectivity at or above minimum levels pre-
scribed in the Manual. 
‘‘(4) ROAD USERS.—The term ‘road users’ means 
motor vehicle drivers and passengers, public transpor-
tation operators and users, truck drivers, bicyclists, 
motorcyclists, and pedestrians, including persons with 
disabilities. 
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‘‘(5) SAFETY DATA.—The term ‘safety data’ in-
cludes crash, roadway, driver licensing, and traffic 
data with respect to all public roads and, for high-
way-rail grade crossings, data on the characteristics 
of highway and train traffic. 
‘‘(6) SAFETY PROJECT UNDER ANY OTHER SEC-
TION.— 
‘‘(A) IN GENERAL.—The term ‘safety project 
under any other section’ means a project carried 
out for the purpose of safety under any other sec-
tion of this title. 
‘‘(B) INCLUSION.—The term ‘safety project 
under any other section’ includes— 
‘‘(i) projects consistent with an appli-
cable State strategic highway safety plan 
that promote the awareness of the public 
and educate the public concerning highway 
safety matters (including motorcycle safety); 
‘‘(ii) projects to enforce highway safety 
laws; and 
‘‘(iii) projects to provide infrastructure 
and equipment to support emergency serv-
ices. 
‘‘(7) STATE
HIGHWAY
SAFETY
IMPROVEMENT 
PROGRAM.—The term ‘State highway safety improve-
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ment program’ means a program of highway safety 
improvement projects carried out as part of the state-
wide transportation improvement program under sec-
tion 5204(g) of title 49. 
‘‘(8) 
STATE
STRATEGIC
HIGHWAY
SAFETY 
PLAN.—The term ‘State strategic highway safety 
plan’ means a comprehensive, data-driven safety plan 
developed in accordance with subsection (c)(2). 
‘‘(b) IN GENERAL.—The Secretary shall carry out a 
highway safety improvement program that is consistent 
with achieving a significant reduction in traffic fatalities 
and serious injuries on all public roads. 
‘‘(c) STATE HIGHWAY SAFETY IMPROVEMENT PRO-
GRAMS.— 
‘‘(1) IN
GENERAL.—To obligate funds appor-
tioned under section 104(b)(5) to carry out this sec-
tion, a State shall have in effect a State highway safe-
ty improvement program that— 
‘‘(A) includes a set of projects that are con-
sistent with the State strategic highway safety 
plan of the State; 
‘‘(B) satisfies the requirements of this sec-
tion; and 
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‘‘(C) is consistent with the State’s statewide 
transportation improvement program under sec-
tion 5204(g) of title 49. 
‘‘(2) STRATEGIC
HIGHWAY
SAFETY
PLAN.—As 
part of the State highway safety improvement pro-
gram of the State, each State shall have in effect, up-
date at least every 2 years, and submit to the Sec-
retary a State strategic highway safety plan that— 
‘‘(A) is developed after consultation with— 
‘‘(i) a highway safety representative of 
the Governor of the State; 
‘‘(ii) regional transportation planning 
organizations and metropolitan planning 
organizations, if any; 
‘‘(iii) representatives of major modes of 
transportation; 
‘‘(iv) State and local traffic enforce-
ment officials; 
‘‘(v) representatives of entities con-
ducting a Federal or State motor carrier 
safety program; 
‘‘(vi) motor vehicle administration 
agencies; 
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‘‘(vii) a highway-rail grade crossing 
safety representative of the Governor of the 
State; and 
‘‘(viii) other major Federal, State, trib-
al, regional, and local safety stakeholders; 
‘‘(B) is approved by the Governor of the 
State or a responsible State agency; 
‘‘(C) defines State safety goals, including 
with respect to performance measures established 
under section 5206 of title 49; 
‘‘(D) addresses engineering, management, 
operation, education, enforcement, and emer-
gency services elements of highway safety (in-
cluding integrated, interoperable emergency com-
munications) as key factors in evaluating high-
way projects; 
‘‘(E) analyzes and makes effective use of 
State, regional, and local safety data, including 
data from the safety data system required under 
subsection (e); 
‘‘(F) considers the results of Federal, State, 
regional, and local transportation and highway 
safety planning processes; and 
‘‘(G) considers the safety needs of, and high- 
fatality segments of, public roads. 
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‘‘(3) IMPLEMENTATION.— 
‘‘(A) IDENTIFICATION
AND
ANALYSIS
OF 
HIGHWAY
SAFETY
PROBLEMS
AND
OPPORTUNI-
TIES.—As part of the State highway safety im-
provement program of the State, each State 
shall, including through use of the safety data 
system required under subsection (e)— 
‘‘(i) identify roadway features that 
constitute a hazard to road users; 
‘‘(ii) identify highway safety improve-
ment projects on the basis of crash history 
(including crash rates), crash potential, or 
other data-supported means; 
‘‘(iii) establish the relative severity of 
the risks of roadway features based on 
crash, injury, fatality, traffic volume, and 
other relevant data (including the number 
and rates of crashes, injuries, and fatali-
ties); 
‘‘(iv) identify the 100 most dangerous 
roads in the State, including specific inter-
sections and sections of roads, based on the 
risk factors described in clause (iii); 
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‘‘(v) consider whether highway safety 
improvement projects maximize opportuni-
ties to advance safety; and 
‘‘(vi) in conjunction with the National 
Highway Traffic Safety Administration 
and the Federal Motor Carrier Safety Ad-
ministration, evaluate the progress made 
each year in achieving State safety goals 
identified in the State strategic highway 
safety plan. 
‘‘(B) SCHEDULE OF HIGHWAY SAFETY IM-
PROVEMENT
PROJECTS.—As part of the State 
highway safety improvement program of the 
State, each State shall, including through use of 
the safety data system required under subsection 
(e)— 
‘‘(i) identify highway safety improve-
ment projects; 
‘‘(ii) determine priorities for the cor-
rection of roadway features that constitute a 
hazard to road users as identified through 
safety data analysis; and 
‘‘(iii) establish and implement a sched-
ule of highway safety improvement projects 
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to address roadway features identified as 
constituting a hazard to road users. 
‘‘(4) ELIGIBLE PROJECTS.— 
‘‘(A) IN GENERAL.—A State may obligate 
funds apportioned to the State under section 
104(b)(5) to carry out— 
‘‘(i) any highway safety improvement 
project on any public road or publicly 
owned pathway or trail; 
‘‘(ii) any project to put in effect or im-
prove the safety data system required under 
subsection (e), without regard to whether the 
project is included in an applicable State 
strategic highway safety plan; 
‘‘(iii) any project to maintain min-
imum levels of retroreflectivity with respect 
to a public road, without regard to whether 
the project is included in an applicable 
State strategic highway safety plan; 
‘‘(iv) any project for roadway safety 
infrastructure improvements consistent with 
the recommendations included in the publi-
cation of the Federal Highway Administra-
tion entitled ‘Highway Design Handbook 
for Older Drivers and Pedestrians’ (Publi-
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cation number FHWA RD–01–103), or any 
successor publication; or 
‘‘(v) as provided in subsection (d), 
other projects. 
‘‘(B) USE OF OTHER FUNDING FOR SAFETY 
IMPROVEMENT PROJECTS.— 
‘‘(i) EFFECT OF SECTION.—Nothing in 
this section prohibits the use of funds made 
available under other provisions of this title 
for highway safety improvement projects. 
‘‘(ii) USE OF OTHER FUNDS.—States 
are encouraged to address the full scope of 
their safety needs and opportunities by 
using, for a highway safety improvement 
project, funds made available under other 
provisions of this title (except a provision 
that specifically prohibits that use). 
‘‘(C) AUTOMATED
TRAFFIC
ENFORCEMENT 
SYSTEMS.— 
‘‘(i) PROHIBITION.—A State may not 
obligate funds apportioned to the State 
under section 104(b) to carry out any pro-
gram to purchase, operate, or maintain an 
automated traffic enforcement system. 
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‘‘(ii) AUTOMATED TRAFFIC ENFORCE-
MENT SYSTEM DEFINED.—In this subpara-
graph, the term ‘automated traffic enforce-
ment system’ means automated technology 
that monitors compliance with traffic laws. 
‘‘(5) UPDATED
STATE
STRATEGIC
HIGHWAY 
SAFETY PLAN REQUIRED.— 
‘‘(A) IN GENERAL.—A State may obligate 
funds apportioned to the State under section 
104(b)(5) for the second fiscal year beginning 
after the date of enactment of the American En-
ergy and Infrastructure Jobs Act of 2012 only if 
the State has in effect and has submitted to the 
Secretary an updated State strategic highway 
safety plan that satisfies requirements under this 
subsection. 
‘‘(B) TRANSITION.—Before the second fiscal 
year beginning after the date of enactment of the 
American Energy and Infrastructure Jobs Act of 
2012, a State may obligate funds apportioned to 
the State under section 104(b)(5) in a manner 
consistent with a State strategic highway safety 
plan of the State developed before such date of 
enactment. 
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‘‘(d) FLEXIBLE FUNDING.—To further the implemen-
tation of a State strategic highway safety plan and the 
achievement of performance measures established under sec-
tion 5206 of title 49, a State may use not more than 10 
percent of the funds apportioned to the State under section 
104(b)(5) for a fiscal year to carry out safety projects under 
any other section if— 
‘‘(1) the use is consistent with the State strategic 
highway safety plan of the State; and 
‘‘(2) the State certifies to the Secretary that the 
funds are being used for the most effective projects for 
making progress toward achieving performance meas-
ures established under section 5206 of title 49. 
‘‘(e) SAFETY DATA SYSTEM.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the American Energy and 
Infrastructure Jobs Act of 2012, each State, as part 
of the State highway safety improvement program of 
the State, shall have in effect a safety data system 
to— 
‘‘(A) collect and maintain a record of safety 
data with respect to all public roads in the 
State; 
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‘‘(B) advance the capabilities of the State 
with respect to safety data collection, analysis, 
and integration; 
‘‘(C) identify roadway features that con-
stitute a hazard to road users; and 
‘‘(D) perform safety problem identification 
and countermeasure analysis. 
‘‘(2) IMPROVEMENT EFFORTS.—Each State shall 
carry out projects, as needed, to ensure that the safety 
data system of the State enhances— 
‘‘(A) the timeliness, accuracy, completeness, 
uniformity, and accessibility of safety data with 
respect to all public roads in the State; 
‘‘(B) the ability of the State to integrate all 
safety data collected throughout the State; 
‘‘(C) the ability of State and national safety 
data systems to be compatible and interoperable; 
‘‘(D) the ability of the Secretary to observe 
and analyze national trends in crash rates, out-
comes, and circumstances; and 
‘‘(E) the collection of data on crashes that 
involve a bicyclist or pedestrian. 
‘‘(3) EVALUATION OF IMPROVEMENT EFFORTS.— 
Each State shall collect and maintain a record of 
projects undertaken to improve the safety data system 
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of the State and shall evaluate the effectiveness of such 
projects. 
‘‘(f) TRANSPARENCY.—A State shall make all plans 
and reports submitted to the Secretary under this section 
available to the public through— 
‘‘(1) the Internet Web site of the State transpor-
tation department of the State; or 
‘‘(2) such other means as the Secretary deter-
mines to be appropriate. 
‘‘(g) DISCOVERY AND ADMISSION INTO EVIDENCE OF 
CERTAIN REPORTS, SURVEYS, AND INFORMATION.—Not-
withstanding any other provision of law, reports, surveys, 
schedules, lists, or data compiled or collected for any pur-
pose directly relating to this section, or published in accord-
ance with subsection (f), shall not be subject to discovery 
or admitted into evidence in a Federal or State court pro-
ceeding or considered for other purposes in any action for 
damages arising from any occurrence at a location identi-
fied or addressed in such reports, surveys, schedules, lists, 
or other data. 
‘‘(h) FEDERAL SHARE OF HIGHWAY SAFETY IMPROVE-
MENT PROJECTS.—The Federal share of the cost of a high-
way safety improvement project carried out with funds ap-
portioned to a State under section 104(b)(5) shall be 90 per-
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cent, unless a Federal share exceeding 90 percent would 
apply to the project under section 120 or 130.’’. 
SEC. 1302. RAILWAY-HIGHWAY CROSSINGS. 
(a) TRANSPARENCY OF STATE SURVEYS AND SCHED-
ULES WITH RESPECT TO RAILWAY-HIGHWAY CROSSINGS.— 
(1) SURVEY AND SCHEDULE OF PROJECTS.—Sec-
tion 130(d) is amended by adding at the end the fol-
lowing: ‘‘Each State shall make the surveys conducted 
and schedules implemented under this subsection 
available to the public on an appropriate Internet 
Web site of the State.’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall take effect 1 year after the date 
of enactment of this Act. 
(b) RAILWAY-HIGHWAY CROSSING INFORMATION.— 
Section 130 is amended by adding at the end the following: 
‘‘(m) RAILWAY-HIGHWAY CROSSING INFORMATION.— 
‘‘(1) PRIORITY LISTS AND ACTION PLANS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this subsection, 
each State shall compile and submit to the Sec-
retary a report that includes— 
‘‘(i) a list of the 10 railway-highway 
crossings in the State that have the greatest 
need for safety improvements; 
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‘‘(ii) an action plan that identifies 
projects and activities the State plans to 
carry out to improve safety at those rail-
way-highway crossings; and 
‘‘(iii) a list of projects and activities 
the State carried out to improve safety at 
those railway-highway crossings during the 
2-year period ending on the date on which 
the report is submitted to the Secretary. 
‘‘(B) UPDATES.—Each State shall update 
and submit to the Secretary, at least once every 
2 years, the report of that State under subpara-
graph (A). 
‘‘(2) PUBLICATION OF REPORTS ON U.S. DOT WEB 
SITE.—The Secretary shall make the reports sub-
mitted under paragraph (1) available to the public on 
the Internet Web site of the Department of Transpor-
tation. 
‘‘(3) PUBLICATION OF REPORTS ON STATE WEB 
SITES.—Each State shall make the reports compiled 
under paragraph (1) available to the public on an 
appropriate Internet Web site of the State. 
‘‘(4) LIMITATION ON USE OF DATA IN JUDICIAL 
PROCEEDINGS.—Notwithstanding any other provision 
of law, any report, review, survey, schedule, list, data, 
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information, or document of any kind compiled or 
collected pursuant to this subsection, including for the 
purpose of identifying, evaluating, or planning the 
safety enhancement of a potential accident site or 
railway-highway crossing pursuant to this section, 
shall not be subject to discovery or admitted into evi-
dence in a Federal or State court proceeding or con-
sidered for other purposes in any action for damages 
arising from any occurrence at a location mentioned 
or addressed in such report, review, survey, schedule, 
list, data, information, or document. 
‘‘(5) NONCOMPLIANCE.—If the Secretary deter-
mines that a State is not in compliance with require-
ments under this subsection, the Secretary may with-
hold funding that would otherwise be apportioned to 
that State under this section.’’. 
SEC. 1303. HIGHWAY WORKER SAFETY. 
(a) POSITIVE PROTECTIVE MEASURES.—Not later 
than 60 days after the date of enactment of this Act, the 
Secretary shall modify section 630.1108(a) of title 23, Code 
of Federal Regulations, to ensure that— 
(1) at a minimum, positive protective measures 
are used to separate workers on highway construction 
projects from motorized traffic in all work zones 
where traffic is present and where workers have no 
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means of escape, including tunnels and bridges, unless 
an engineering analysis determines such measures are 
not necessary; 
(2) temporary longitudinal traffic barriers are 
used to protect workers on highway construction 
projects in stationary work zones lasting 2 weeks or 
more if traffic is present, the traffic will be traveling 
at a speed of 45 miles per hour or more, and the na-
ture of the work requires workers to be within 1 lane- 
width from the edge of a live travel lane, unless— 
(A) an engineering analysis determines such 
barriers are not necessary; or 
(B) the project is located— 
(i) in a State with a population den-
sity of 20 or fewer persons per square mile; 
(ii) outside of an urbanized area; and 
(iii) on a roadway with an annual av-
erage daily traffic load that is less than 100 
vehicles per hour; and 
(3) when positive protective measures are nec-
essary for a highway construction project, such meas-
ures are paid for on a unit pay basis, unless doing 
so would create a conflict with innovative contracting 
approaches, including a design-build contract or a 
performance-based contract, under which the con-
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tractor is paid to assume a certain risk allocation 
and payment is generally made on a lump sum basis. 
(b) APPAREL.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall modify regula-
tions issued pursuant to section 1402 of SAFETEA–LU (23 
U.S.C. 401 note)— 
(1) to allow fire services personnel, who are sub-
ject to the regulations, to wear apparel meeting the 
high visibility requirements set forth in NFPA 1971– 
2007 (Standard on Protective Ensembles for Struc-
tural Fire Fighting and Proximity Fire Fighting); 
and 
(2) to not require such personnel to wear apparel 
meeting requirements set forth in ANSI/ISEA 107– 
2004. 
Subtitle D—Freight Mobility 
SEC. 1401. NATIONAL FREIGHT POLICY. 
(a) DEVELOPMENT.—Not later than 1 year after the 
date of enactment of this Act, and every 5 years thereafter, 
the Secretary, in consultation with interested public and 
private sector freight stakeholders, including representatives 
of ports, shippers, carriers, freight-related associations, the 
freight industry workforce, State transportation depart-
ments, and local governments, shall develop a 5-year Na-
tional Freight Policy. Such policy shall be consistent with 
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the State performance management process under section 
5206(e)(1) of title 49, United States Code. 
(b) CONTENTS.—The National Freight Policy shall— 
(1) specify goals, objectives, and milestones with 
respect to the expansion of freight transportation ca-
pacity and the improvement of freight transportation 
infrastructure in the United States; 
(2) specify programs, strategies, and projects 
that will assist in achieving the goals, objectives, and 
milestones specified under paragraph (1); 
(3) specify the manner in which the programs, 
strategies, and projects specified under paragraph (2) 
will achieve the goals, objectives, and milestones speci-
fied under paragraph (1), including with respect to a 
5-year timeframe for meeting the goals, objectives, 
and milestones; 
(4) identify protocols to promote and ensure the 
implementation of the National Freight Policy; and 
(5) identify a cooperative process, which includes 
State and local governments, for implementing the 
National Freight Policy. 
(c) GOALS.—In developing the National Freight Pol-
icy, the Secretary shall consider the goals of— 
(1) investing in freight transportation infra-
structure to strengthen the economic competitiveness 
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of the United States, reduce congestion, and increase 
productivity, particularly with respect to domestic in-
dustries and businesses that create high-value jobs; 
(2) improving and maintaining existing freight 
transportation infrastructure to ensure that infra-
structure meets appropriate standards; 
(3) improving the capacity of freight infrastruc-
ture across different modes of transportation, reduc-
ing congestion, and increasing freight throughput; 
(4) incorporating concepts of performance, inno-
vation, competition, and accountability into the oper-
ation and maintenance of freight transportation in-
frastructure; 
(5) increasing the usage and number of strategi-
cally-located, multi-modal freight transportation fa-
cilities to reduce congestion and emissions relating to 
highways in the United States; 
(6) improving the safety of freight transpor-
tation; 
(7) implementing new technologies to improve 
the coordination and efficiency of the movement of 
freight throughout the United States; 
(8) improving methods for incorporating inter-
national trade estimates into transportation plan-
ning; and 
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(9) advancing the development of aerotropolis 
transportation systems, which are planned and co-
ordinated multimodal freight and passenger transpor-
tation networks that, as determined by the Secretary, 
provide efficient, cost-effective, sustainable, and inter-
modal connectivity to a defined region of economic 
significance centered around a major airport. 
(d) REPORTING.—The Secretary shall include the Na-
tional Freight Policy in the National Strategic Transpor-
tation Plan developed under section 5205 of title 49, United 
States Code. 
(e) COMMODITY FLOW SURVEY.—The Secretary, in 
consultation with other relevant Federal agencies, shall 
make changes to the commodity flow survey (conducted by 
the Bureau of Transportation Statistics pursuant to section 
111(c)(5) of title 49, United States Code) that the Secretary 
determines will reduce identified freight data gaps and defi-
ciencies and assist in the evaluation of forecasts of transpor-
tation demand. 
SEC. 1402. STATE FREIGHT ADVISORY COMMITTEES. 
(a) IN GENERAL.—The Secretary shall encourage each 
State to establish a freight advisory committee consisting 
of a representative cross-section of public and private sector 
freight stakeholders, including representatives of ports, ship-
pers, carriers, freight-related associations, the freight indus-
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try workforce, the State’s transportation department, and 
local governments. 
(b) ROLE OF COMMITTEE.—A freight advisory com-
mittee described in subsection (a) shall— 
(1) advise the State on freight-related priorities, 
issues, projects, and funding needs; 
(2) serve as a forum for discussion for State 
transportation decisions affecting freight mobility; 
(3) communicate and coordinate regional prior-
ities with other organizations; 
(4) promote the sharing of information between 
the private and public sectors on freight issues; and 
(5) participate in the development of the State’s 
freight plan described in section 1403 of this Act. 
SEC. 1403. STATE FREIGHT PLANS. 
(a) IN GENERAL.—The Secretary shall encourage each 
State to develop a freight plan that provides a comprehen-
sive plan for the State’s immediate and long-range plan-
ning activities and investments with respect to freight. 
(b) PLAN CONTENTS.—A freight plan described in sub-
section (a) shall include, at a minimum— 
(1) an identification of significant freight system 
trends, needs, and issues with respect to the State; 
(2) a description of the freight policies, strate-
gies, and performance measures that will guide the 
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State’s freight-related transportation investment deci-
sions; 
(3) a description of how such plan will improve 
the ability of the State to meet the national freight 
goals established under section 1401 of this Act and 
the performance targets established under section 5206 
of title 49, United States Code; 
(4) evidence of consideration of innovative tech-
nologies and operational strategies, including intel-
ligent transportation systems, that improve the safety 
and efficiency of freight movement; and 
(5) for routes on which travel by heavy vehicles, 
including mining, agricultural, and timber vehicles, 
is projected to substantially deteriorate the condition 
of roadways, a description of improvements that may 
be required to reduce or impede such deterioration. 
(c) RELATIONSHIP TO LONG-RANGE PLAN.—A freight 
plan described in subsection (a) may be developed separate 
from or incorporated into the statewide strategic long-range 
transportation plan required by section 5204 of title 49, 
United States Code. 
SEC. 1404. TRUCKING PRODUCTIVITY. 
(a) WEIGHT LIMITATIONS.—Section 127(a) is amend-
ed by adding at the end the following: 
‘‘(13) PILOT PROGRAM.— 
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‘‘(A) IN
GENERAL.—The Secretary may 
carry out a pilot program under which the Sec-
retary may authorize up to 3 States to allow, by 
special permit, the operation of vehicles with a 
gross vehicle weight of up to 126,000 pounds on 
segments on the Interstate System in the State. 
‘‘(B) REQUIREMENTS.—A State authorized 
under the pilot program under subparagraph (A) 
shall— 
‘‘(i) identify and submit to the Sec-
retary for approval the segments on the 
Interstate System to be subject to the pro-
gram and the configurations of vehicles to 
be allowed to operate under a special per-
mit; 
‘‘(ii) allow vehicles subject to the pro-
gram to operate on not more than 3 seg-
ments, which may be contiguous, of up to 
25 miles each; 
‘‘(iii) require the loads of vehicles oper-
ating under a special permit to conform to 
such single axle, tandem axle, tridem axle, 
and bridge formula limits applicable in the 
State; and 
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‘‘(iv) establish and collect a fee for ve-
hicles operating under a special permit. 
‘‘(C) PROHIBITIONS.—The Secretary may 
prohibit the operation of a vehicle under a spe-
cial permit if the Secretary determines that the 
operation poses an unreasonable safety risk 
based on an analysis of engineering data, safety 
data, or other applicable data. 
‘‘(D) DURATION.—The Secretary may au-
thorize a State under the pilot program under 
subparagraph (A) for a period not to exceed 4 
years.’’. 
(b) ADDITIONAL VEHICLE WEIGHT PROVISIONS.—Sec-
tion 127 is amended by adding at the end the following: 
‘‘(i) SPECIAL PERMITS DURING PERIODS OF EMER-
GENCY.— 
‘‘(1) IN GENERAL.—A State may issue special 
permits with respect to a major disaster or emergency 
declared under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.) to overweight vehicles and loads that can be eas-
ily dismantled or divided allowing operations on the 
Interstate System that would otherwise be prohibited 
under subsection (a), if— 
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‘‘(A) the permits are issued in accordance 
with State law; and 
‘‘(B) the permits are issued exclusively to 
vehicles and loads that are delivering relief sup-
plies in response to the major disaster or emer-
gency. 
‘‘(2) EXPIRATION.—A permit issued with respect 
to a major disaster or emergency under paragraph 
(1) shall expire not later than 120 days after the date 
of the declaration of the major disaster or emergency 
as described in paragraph (1). 
‘‘(j) EMERGENCY VEHICLES.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a), a State may not enforce against an emergency 
vehicle a weight limit of— 
‘‘(A) less than 24,000 pounds on a single 
steering axle; 
‘‘(B) less than 33,500 pounds on a single 
drive axle; 
‘‘(C) less than 62,000 pounds on a tandem 
axle; or 
‘‘(D) less than 52,000 pounds on a tandem 
rear drive steer axle, up to a maximum gross ve-
hicle weight of 86,000 pounds. 
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‘‘(2) EMERGENCY
VEHICLE
DEFINED.—In this 
subsection, the term ‘emergency vehicle’ means a vehi-
cle designed to be used under emergency conditions— 
‘‘(A) to transport personnel and equipment; 
and 
‘‘(B) to support the suppression of fires or 
mitigation of other hazardous situations.’’. 
(c) WAIVER OF HIGHWAY FUNDING REDUCTION.—The 
total amount of funds apportioned to a State under section 
104(b)(1) of title 23, United States Code, for any period 
may not be reduced under section 127(a) of such title on 
the basis that the State authorizes a vehicle to operate on 
the Interstate System in the State in accordance with the 
amendments made by this section. 
(d) LENGTH LIMITATIONS.—Section 31111 of title 49, 
United States Code, is amended— 
(1) in subsection (a) by adding at the end the 
following: 
‘‘(5) TRAILER TRANSPORTER TOWING UNIT.—The 
term ‘trailer transporter towing unit’ means a power 
unit that is not used to carry property when oper-
ating in a towaway trailer transporter combination. 
‘‘(6) TOWAWAY TRAILER TRANSPORTER COMBINA-
TION.—The term ‘towaway trailer transporter com-
bination’ means a combination of vehicles consisting 
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of a trailer transporter towing unit and 2 trailers or 
semitrailers— 
‘‘(A) with a total weight that does not ex-
ceed 26,000 pounds; and 
‘‘(B) in which the trailers or semitrailers 
carry no property and constitute inventory prop-
erty of a manufacturer, distributor, or dealer of 
such trailers or semitrailers.’’; and 
(2) in subsection (b)(1)— 
(A) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) imposes a vehicle length limitation, on any 
segment of the Dwight D. Eisenhower System of 
Interstate and Defense Highways (except a segment 
exempted under subsection (f)) and those classes of 
qualifying Federal-aid primary system highways des-
ignated by the Secretary of Transportation under 
subsection (e), of— 
‘‘(i) less than 45 feet on a bus; 
‘‘(ii) less than 53 feet on a semitrailer oper-
ating in a truck tractor-semitrailer combination; 
or 
‘‘(iii) notwithstanding section 31112, less 
than 33 feet on a semitrailer or trailer operating 
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in a truck tractor-semitrailer-trailer combina-
tion;’’; 
(B) in subparagraph (E) by striking ‘‘; or’’ 
and inserting a semicolon; 
(C) in subparagraph (F) by striking the pe-
riod at the end and inserting a semicolon; and 
(D) by adding at the end the following: 
‘‘(G) imposes a vehicle length limitation of less 
than 80 feet on a stinger steered automobile trans-
porter with a rear overhand of less than 6 feet; 
‘‘(H) has the effect of imposing an overall length 
limitation of less than 82 feet on a towaway trailer 
transporter combination; 
‘‘(I) imposes a limitation of less than 46 feet on 
the distance from the kingpin to the center of the rear 
axle on a trailer used exclusively or primarily for the 
transport of livestock; or 
‘‘(J) has the effect of prohibiting the use of a de-
vice designed by a bus manufacturer to affix to the 
rear of an intercity bus purchased after October 1, 
2012, for use in carrying passenger baggage, if the de-
vice does not result in the bus exceeding 47 feet in 
total length.’’. 
(e) 
ACCESS
TO
INTERSTATE
SYSTEM.—Section 
31114(a)(2) of title 49, United States Code, is amended by 
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inserting ‘‘a towaway trailer transporter combination as 
defined in section 31111(a),’’ before ‘‘or any’’. 
SEC. 1405. STUDY WITH RESPECT TO TRUCK SIZES AND 
WEIGHTS. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary shall conduct a 
study with respect to truck sizes and weights in ac-
cordance with this section. 
(2) SCOPE.—In conducting the study, the Sec-
retary shall examine, in accordance with paragraph 
(3), the effect on principal arterial routes and Na-
tional Highway System intermodal connectors that 
allowing nationwide operation of each covered truck 
configuration would have. 
(3) CONTENTS.—In conducting the study, the 
Secretary shall— 
(A) evaluate the effect on safety that allow-
ing each covered truck configuration to operate 
would have, with consideration given to— 
(i) vehicle operating characteristics 
under various conditions likely to be experi-
enced during commercial operation; 
(ii) changes in vehicle miles traveled 
due to increased vehicle hauling capacity; 
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(iii) shifts in freight between transpor-
tation modes; 
(iv) crash rates; and 
(v) vehicle stability and control; 
(B) estimate— 
(i) the effect on pavement performance 
that allowing each covered truck configura-
tion to operate would have; 
(ii) the effect on bridge reliability and 
service life that allowing each covered truck 
configuration to operate would have; and 
(iii) the ability of each covered truck 
configuration to comply with the Federal 
bridge formula (as specified in section 
127(a)(2) of title 23, United States Code); 
(C) estimate the full cost responsibility asso-
ciated with allowing each covered truck configu-
ration to operate, including all costs relating to 
pavement and bridges, and examine methods 
available for recovering such cost responsibility; 
(D) examine the ability of a representative 
sample of regions to meet repair and reconstruc-
tion needs related to allowing each covered truck 
configuration to operate; 
(E) estimate— 
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(i) the extent to which freight would be 
diverted from other surface transportation 
modes to principal arterial routes and Na-
tional Highway System intermodal connec-
tors if each covered truck configuration is 
allowed to operate and the effect that any 
such diversion would have on other modes of 
transportation; 
(ii) the effect that any such diversion 
would have on public safety, infrastructure, 
cost responsibility, fuel efficiency, and the 
environment; 
(iii) the effect on the transportation 
network of the United States that allowing 
each covered truck configuration to operate 
would have; and 
(iv) whether allowing each covered 
truck configuration to operate would result 
in an increase or decrease in the total num-
ber of trucks operating on principal arterial 
routes and National Highway System inter-
modal connectors; and 
(F) identify all Federal rules and regula-
tions impacted by changes in truck size and 
weight limits. 
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(b) REPORT TO CONGRESS.—Not later than 3 years 
after the date of enactment of this Act, the Secretary shall 
submit to Congress a report on the results of the study con-
ducted under subsection (a). 
(c) COVERED TRUCK CONFIGURATION DEFINED.—In 
this section, the term ‘‘covered truck configuration’’ means 
each of the following: 
(1) A combination truck tractor-semitrailer— 
(A) with 5 axles; and 
(B) a gross weight of 88,000 pounds. 
(2) A combination truck tractor-semitrailer— 
(A) with 6 axles; and 
(B) a gross weight of 97,000 pounds. 
(3) Longer combination vehicles (as such term is 
defined in section 127(d)(4) of title 23, United States 
Code). 
(4) Any other truck configuration the Secretary 
determines appropriate. 
SEC. 1406. MAXIMUM WEIGHT INCREASE FOR IDLE REDUC-
TION TECHNOLOGY ON HEAVY DUTY VEHI-
CLES. 
Section 127(a)(12) is amended— 
(1) in subparagraph (B) by striking ‘‘400’’ and 
inserting ‘‘550’’; and 
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(2) in subparagraph (C)(ii) by striking ‘‘400- 
pound’’ and inserting ‘‘550-pound’’. 
Subtitle E—Federal Lands and 
Tribal Transportation 
SEC. 1501. FEDERAL LANDS AND TRIBAL TRANSPORTATION 
PROGRAMS. 
Chapter 2 is amended by striking sections 201 through 
203 and inserting the following: 
‘‘§ 201. General provisions 
‘‘(a) PURPOSE.—Recognizing the need for all Federal 
lands transportation facilities and tribal transportation fa-
cilities to be treated under uniform policies similar to the 
policies that apply to Federal-aid highways and other pub-
lic road and transit facilities constructed with Federal as-
sistance, the Secretary, in consultation with the Secretary 
of each Federal land management agency, shall establish 
and coordinate, in accordance with the requirements of this 
section, a uniform policy for all transportation facilities 
constructed under a covered program. 
‘‘(b) COVERED PROGRAM DEFINED.—In this section, 
the term ‘covered program’ means— 
‘‘(1) the tribal transportation program estab-
lished under section 202; and 
‘‘(2) the Federal lands transportation program 
established under section 203. 
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‘‘(c) AVAILABILITY OF FUNDS.— 
‘‘(1) AVAILABILITY.—Funds made available to 
carry out a covered program shall be available for 
contract— 
‘‘(A) upon apportionment; or 
‘‘(B) if no apportionment is required, on 
October 1 of the fiscal year for which authorized. 
‘‘(2) PERIOD OF AVAILABILITY.—Funds appor-
tioned or allocated to carry out a covered program 
shall remain available for obligation for a period of 
3 years after the last day of the fiscal year for which 
the funds are authorized. Any amounts so appor-
tioned or allocated that remain unobligated at the end 
of that period shall lapse. 
‘‘(3) 
AUTHORITY
OF
DEPARTMENT
SECRE-
TARIES.— 
‘‘(A) AUTHORITY TO INCUR OBLIGATIONS, 
APPROVE
PROJECTS, AND
ENTER
INTO
CON-
TRACTS.—The 
Secretary 
of 
a 
Department 
charged with the administration of funds made 
available to carry out a covered program may 
incur obligations, approve projects, and enter 
into contracts with respect to such funds. 
‘‘(B) CONTRACTUAL OBLIGATIONS.—A Sec-
retary’s action under subparagraph (A) shall be 
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deemed to be a contractual obligation of the 
United States to pay the cost thereof, and the 
funds subject to the action shall be deemed to 
have been expended when so obligated. 
‘‘(4) EXPENDITURE.—Any funds made available 
to carry out a covered program for a fiscal year shall 
be deemed to have been expended if a sum equal to 
the total of the sums appropriated for the fiscal year 
and previous fiscal years have been obligated. Any of 
such funds released by payment of final voucher or 
modification of project authorizations shall be cred-
ited to the balance of unobligated appropriations and 
be immediately available for expenditure. 
‘‘(5) AUTHORITY OF SECRETARY.— 
‘‘(A) OBLIGATING
FUNDS
FOR
COVERED 
PROGRAMS.—Notwithstanding any other provi-
sion of law, either of the following actions shall 
be deemed to constitute a contractual obligation 
of the United States to pay the total eligible cost 
of any construction project funded under a cov-
ered program: 
‘‘(i) The authorization by the Sec-
retary, or the Secretary of a Department 
charged with the administration of funds 
made available to carry out a covered pro-
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gram, of engineering and related work for 
the development, design, and acquisition as-
sociated with the project, whether performed 
by contract or agreement authorized by law. 
‘‘(ii) The approval by the Secretary, or 
the Secretary of a Department charged with 
the administration of funds made available 
to carry out a covered program, of plans, 
specifications, and estimates for the project. 
‘‘(B) LIMITATION
ON
STATUTORY
CON-
STRUCTION.—Nothing in this paragraph may be 
construed to affect the application of the Federal 
share associated with a project undertaken under 
a covered program or to modify the point of obli-
gation associated with Federal salaries and ex-
penses. 
‘‘(6) REDISTRIBUTION OF UNUSED OBLIGATION 
AUTHORITY.—To the extent that the Secretary is oth-
erwise required to redistribute unused obligation au-
thority appropriated for purposes other than section 
202, a minimum of 10 percent of such unused obliga-
tion authority shall be allocated and distributed by 
the Secretary to entities eligible to receive funds under 
such section for purposes of funding competitively 
awarded high priority projects ensuring greater safe 
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access to markets for American Indian and Alaska 
Native communities that are, relative to other Amer-
ican Indian and Alaska Native communities, more 
remotely located from product and essential service 
markets. 
‘‘(d) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—Except as provided by para-
graph (2), the Federal share payable on account of a 
project carried out under a covered program shall be 
100 percent of the total cost of the project. 
‘‘(2) 
OPERATING
ASSISTANCE.—The 
Federal 
share payable, with amounts made available to carry 
out this chapter, on account of operating expenses for 
a project carried out under the Federal lands trans-
portation program established under section 203 may 
not exceed 50 percent of the net operating costs, as de-
termined by the Secretary. 
‘‘(e) TRANSPORTATION PLANNING.— 
‘‘(1) 
TRANSPORTATION
PLANNING
PROCE-
DURES.—In consultation with the Secretary of each 
Federal land management agency, the Secretary shall 
implement transportation planning procedures for 
tribal transportation facilities and Federal lands 
transportation facilities that are consistent with the 
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planning processes required under sections 5203 and 
5204 of title 49. 
‘‘(2) APPROVAL OF TRANSPORTATION IMPROVE-
MENT PROGRAM.—A transportation improvement pro-
gram developed as a part of the transportation plan-
ning process under this subsection shall be subject to 
approval by the Secretary, acting in coordination 
with the Secretary of the appropriate Federal land 
management agency. 
‘‘(3) INCLUSION IN OTHER PLANS.—Any project 
under a covered program that is regionally signifi-
cant shall— 
‘‘(A) be developed in cooperation with ap-
propriate States and metropolitan planning or-
ganizations; and 
‘‘(B) be included in— 
‘‘(i) plans for the covered program; 
‘‘(ii) appropriate State and metropoli-
tan long-range transportation plans; and 
‘‘(iii) appropriate State and metro-
politan transportation improvement pro-
grams. 
‘‘(4) INCLUSION IN STATE PROGRAMS.—A trans-
portation improvement program that is approved by 
the Secretary as a part of the transportation plan-
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170 
ning process under this subsection shall be included 
in appropriate plans and programs of States and 
metropolitan planning organizations without further 
action on the transportation improvement program. 
‘‘(5) ASSET MANAGEMENT.—The Secretary and 
the Secretary of each Federal land management agen-
cy, to the extent appropriate, shall have in effect safe-
ty, bridge, pavement, and congestion management 
systems in support of asset management for highways 
funded under a covered program. 
‘‘(6) DATA COLLECTION.— 
‘‘(A) IN GENERAL.—The Secretary of each 
Federal land management agency shall collect 
and report on the data that is necessary to im-
plement a covered program, including at a min-
imum— 
‘‘(i) inventory and condition informa-
tion on tribal roads and Federal lands 
highways; and 
‘‘(ii) bridge inspection and inventory 
information on any Federal bridge that is 
open to the public. 
‘‘(B) STANDARDS.—The Secretary, in co-
ordination with the Secretary of each Federal 
land management agency, shall define collection 
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171 
and reporting data standards for purposes of 
subparagraph (A). 
‘‘(C) TRIBAL TRANSPORTATION PROGRAM.— 
Each Secretary collecting data under this para-
graph relating to the tribal transportation pro-
gram established under section 202 shall collect 
such data consistent with the requirements of the 
Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450 et seq.). 
‘‘(7) ADMINISTRATIVE
EXPENSES.—The Sec-
retary may use up to 5 percent of the funds made 
available to carry out section 203 for a fiscal year for 
purposes of implementing the activities described in 
this subsection, including direct support of transpor-
tation planning activities among Federal land man-
agement agencies. 
‘‘(f) REFERENCES
TO SECRETARIES
OF FEDERAL 
LAND MANAGEMENT AGENCIES.—In this chapter, the term 
‘Secretary’, when used in connection with a Federal land 
management agency, means the Secretary of the department 
that contains the agency. 
‘‘§ 202. Tribal transportation program 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
tribal transportation program in accordance with the re-
quirements of this section. 
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‘‘(b) USE OF FUNDS.— 
‘‘(1) IN
GENERAL.—Funds made available to 
carry out the tribal transportation program shall be 
used by the Secretary and the Secretary of the Inte-
rior to pay for the following: 
‘‘(A) The covered costs of— 
‘‘(i) tribal roads; 
‘‘(ii) vehicular parking areas adjacent 
to tribal roads (which may include electric 
vehicle charging stations); 
‘‘(iii) pedestrian walkways and bicycle 
transportation facilities (as defined in sec-
tion 217) on tribal lands; and 
‘‘(iv) roadside rest areas, including 
sanitary and water facilities, on tribal 
lands. 
‘‘(B) The costs of transportation projects eli-
gible for assistance under this title that are with-
in, or provide access to, tribal lands. 
‘‘(C) The costs of public transportation 
projects eligible for assistance under section 
5311(b)(1) of title 49 that are within, or provide 
access to, tribal lands (without regard to whether 
the project is located in an urbanized area). 
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173 
‘‘(D) The costs of rehabilitation, restoration, 
and construction of interpretive signage at tribal 
roads. 
‘‘(E) The costs of acquisition of necessary 
scenic easements and scenic or historic sites asso-
ciated with tribal roads. 
‘‘(2) COVERED COSTS DEFINED.—In paragraph 
(1), the term ‘covered costs’ means the costs of trans-
portation planning, research, preventive maintenance, 
engineering, rehabilitation, restoration, construction, 
and reconstruction. 
‘‘(3) CONTRACT.—In connection with an activity 
described in paragraph (1), the Secretary and the 
Secretary of the Interior may enter into a contract or 
other appropriate agreement with respect to such ac-
tivity with— 
‘‘(A) a State (including a political subdivi-
sion of a State); or 
‘‘(B) an Indian tribe. 
‘‘(4) INDIAN LABOR.—Indian labor may be em-
ployed, in accordance with such rules and regulations 
as may be promulgated by the Secretary of the Inte-
rior, to carry out any construction or other activity 
described in paragraph (1). 
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174 
‘‘(5) FEDERAL
EMPLOYMENT.—No maximum 
limitation on Federal employment shall apply to con-
struction or improvement of tribal transportation fa-
cilities. 
‘‘(6) ADMINISTRATIVE EXPENSES.— 
‘‘(A) IN
GENERAL.—Of the funds made 
available to carry out the tribal transportation 
program for a fiscal year, up to 5 percent may 
be used by the Secretary or the Secretary of the 
Interior for program management and oversight 
and project-related administrative expenses. 
‘‘(B) RESERVATION OF FUNDS.—The Sec-
retary of the Interior may reserve funds from ad-
ministrative funds of the Bureau of Indian Af-
fairs that are associated with the tribal transpor-
tation program to fund tribal technical assist-
ance centers under section 504(b). 
‘‘(7) MAINTENANCE.— 
‘‘(A) USE
OF
FUNDS.—Notwithstanding 
any other provision of this title, of the funds al-
located to an Indian tribe under the tribal trans-
portation program for a fiscal year, the Indian 
tribe, or the Secretary with the consent of the af-
fected Indian tribe, may use for the purpose of 
maintenance (excluding road sealing, which shall 
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not be subject to any limitation) an amount that 
does not exceed the greater of— 
‘‘(i) 25 percent of the funds; or 
‘‘(ii) $500,000. 
‘‘(B) ROAD MAINTENANCE PROGRAMS ON IN-
DIAN RESERVATIONS.— 
‘‘(i) BIA RESPONSIBILITY.—The Bu-
reau of Indian Affairs shall continue to re-
tain primary responsibility, including an-
nual funding request responsibility, for road 
maintenance programs on Indian reserva-
tions. 
‘‘(ii) FUNDING.—The Secretary of the 
Interior shall ensure that funding made 
available under this paragraph for mainte-
nance of tribal transportation facilities for 
a fiscal year is supplementary to and not 
in lieu of any obligation of funds by the 
Bureau of Indian Affairs for road mainte-
nance programs on Indian reservations. 
‘‘(C) TRIBAL-STATE
ROAD
MAINTENANCE 
AGREEMENTS.— 
‘‘(i) 
AUTHORITY
TO
ENTER
INTO 
AGREEMENTS.—An Indian tribe and a 
State may enter into a road maintenance 
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176 
agreement under which the Indian tribe as-
sumes the responsibilities of the State for 
tribal transportation facilities. 
‘‘(ii) NEGOTIATIONS.—Agreements en-
tered into under clause (i)— 
‘‘(I) shall be negotiated between 
the State and the Indian tribe; and 
‘‘(II) shall not require the ap-
proval of the Secretary. 
‘‘(8) COOPERATION OF STATES AND COUNTIES.— 
‘‘(A) IN
GENERAL.—The cooperation of 
States, counties, and other political subdivisions 
of States may be accepted in construction and 
improvement of tribal transportation facilities. 
‘‘(B) CREDITING OF FUNDS.—Any funds re-
ceived from a State, county, or other political 
subdivision of a State for construction or im-
provement of tribal transportation facilities shall 
be credited to appropriations available for the 
tribal transportation program. 
‘‘(C) STATE USE OF FEDERAL FUNDS FOR 
TRIBAL TRANSPORTATION FACILITIES.— 
‘‘(i) IN GENERAL.—A State may pro-
vide a portion of Federal funds apportioned 
to the State under chapter 1 to an Indian 
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177 
tribe for an eligible tribal transportation fa-
cility. 
‘‘(ii) PROCEDURE.—If a State elects to 
provide funds to an Indian tribe under 
clause (i), the State shall transfer the funds 
back to the Secretary and the Secretary 
shall transfer the funds to the Indian tribe 
constructing or maintaining the eligible 
tribal transportation facility under an 
agreement pursuant to this paragraph. 
‘‘(iii) 
CONSTRUCTION
RESPONSI-
BILITY.—Notwithstanding any other provi-
sion of law, if a State provides funds re-
ferred to in clause (i) to an Indian tribe— 
‘‘(I) the State shall not be respon-
sible for constructing or maintaining a 
project carried out using the funds or 
for administering or supervising the 
project or funds during the applicable 
statute of limitations period of such 
State with respect to actions related to 
the construction of the project; and 
‘‘(II) the Indian tribe receiving 
the funds shall be responsible for con-
structing and maintaining a project 
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carried out using the funds and for ad-
ministering and supervising the project 
and funds in accordance with this sec-
tion during the period referred to in 
subclause (I). 
‘‘(9) COMPETITIVE BIDDING.— 
‘‘(A) IN
GENERAL.—Construction of a 
project under the tribal transportation program 
shall be performed pursuant to a contract 
awarded by competitive bidding or other pro-
curement process authorized under the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.) unless the Secretary 
or the Secretary of the Interior affirmatively 
finds that, under the circumstances relating to 
the project, some other method is in the public 
interest. 
‘‘(B) APPLICABILITY
OF
OTHER
LAWS.— 
Notwithstanding subparagraph (A), section 23 of 
the Act of June 25, 1910 (36 Stat. 861; known 
as the Buy Indian Act) and section 7(b) of the 
Indian Self-Determination and Education As-
sistance Act (88 Stat. 2205) shall apply to all 
funds administered by the Secretary of the Inte-
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179 
rior that are appropriated for the construction 
and improvement of tribal roads. 
‘‘(c) FUNDS DISTRIBUTION.— 
‘‘(1) IN GENERAL.—All funds authorized to be 
appropriated for the tribal transportation program 
shall be allocated among Indian tribes in accordance 
with the formula maintained by the Secretary of the 
Interior under paragraph (4). 
‘‘(2) NATIONAL TRIBAL TRANSPORTATION FACIL-
ITY INVENTORY.— 
‘‘(A) IN
GENERAL.—The Secretary of the 
Interior, in cooperation with the Secretary, shall 
maintain a comprehensive national inventory of 
tribal transportation facilities that are eligible 
for assistance under the tribal transportation 
program. The Secretary of the Interior, in co-
operation with the Secretary, by September 30, 
2012, and by September 30 of every second year 
thereafter, shall accept into the comprehensive 
national inventory those tribal transportation 
facilities proposed by Indian tribes under the 
regulations. 
‘‘(B) 
TRANSPORTATION
FACILITIES
IN-
CLUDED IN THE INVENTORY.—For purposes of 
identifying the tribal transportation system and 
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determining the relative transportation needs 
among Indian tribes, the Secretary shall include 
in the comprehensive national inventory, at a 
minimum, transportation facilities that are eli-
gible for assistance under the tribal transpor-
tation program that a tribe has requested, in-
cluding facilities that— 
‘‘(i) were included in the Bureau of In-
dian Affairs system inventory prior to Octo-
ber 1, 2004; 
‘‘(ii) are owned by an Indian tribal 
government; 
‘‘(iii) are owned by the Bureau of In-
dian Affairs; 
‘‘(iv) were constructed or reconstructed 
with funds from the Highway Trust Fund 
under the Indian reservation roads program 
since 1983; 
‘‘(v) are community streets or bridges 
within the exterior boundary of Indian res-
ervations, Alaska native villages, or other 
recognized Indian communities (including 
communities in former Indian reservations 
in Oklahoma) in which the majority of resi-
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