I 
112TH CONGRESS 
1ST SESSION H. R. 2971 
To amend titles 23, 45, and 49, United States Code, to encourage the 
use of private-public partnerships in transportation. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2011 
Mr. HULTGREN introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Oversight and Government Reform and Ways and Means, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend titles 23, 45, and 49, United States Code, to 
encourage the use of private-public partnerships in trans-
portation. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Lincoln Legacy Infra-
structure Development Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
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(1) the American Association of State Highway 
and Transportation Officials estimates current high-
way, bridge, public transit, and freight and pas-
senger 
rail 
funding 
needs 
are 
approximately 
$225,000,000,000 to $340,000,000,000 per year 
through 2055, while current spending is less than 
$90,000,000,000 per year; 
(2) according to the organization known as 
Transportation for America, 69,223 bridges, or 11.5 
percent of all highway bridges in the United States, 
are considered structurally deficient; 
(3) according to the Congressional Research 
Service, for fiscal year 2010, the Highway Trust 
Fund, the primary funding source for highways and 
transit, received approximately $35,000,000,000 in 
revenue but spent approximately $50,000,000,000; 
(4) Congress transferred $34,500,000,000 in 
general revenue to the Highway Trust Fund during 
the period of fiscal years 2008 to 2010 to keep the 
Highway Trust Fund solvent; 
(5) Highway Trust Fund outlays during the pe-
riod of fiscal years 2011 to 2021 are expected to ex-
ceed 
revenues 
and 
interest 
by 
approximately 
$120,000,000,000; 
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(6) the Congressional Budget Office estimates 
that the Highway Trust Fund will be unable to meet 
obligations of the Highway Trust Fund sometime 
during fiscal year 2012; 
(7) the United States Chamber of Commerce 
estimates that further deterioration of transpor-
tation networks could result in as much as 
$336,000,000,000 in lost growth during the 5 years 
after the date of enactment of this Act; 
(8) private-public partnerships are an important 
tool to help address transportation infrastructure 
shortfalls; 
(9) infrastructure experts estimate that there is 
more than $400,000,000,000 available for private- 
sector capital infrastructure investment; 
(10) according to the Federal Highway Admin-
istration, 29 States and 1 United States territory 
have enacted legislation enabling private-public part-
nerships; and 
(11) State and local governments are uniquely 
positioned to further develop and use innovative fi-
nancing methods for all modes of infrastructure. 
SEC. 3. FEDERAL-AID HIGHWAYS. 
(a) VENDING MACHINES.—Section 111(b) of title 23, 
United States Code, is amended— 
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(1) by striking ‘‘Notwithstanding’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—Notwithstanding’’; and 
(2) by adding at the end the following: 
‘‘(2) BLIND
VENDING
FACILITIES.—Notwith-
standing any other provision of this Act— 
‘‘(A) the Secretary shall not impose any 
surcharge on a State with respect to any blind 
vending facility established pursuant to para-
graph (1); and 
‘‘(B) the priority accorded licensed blind 
vendors by paragraph (1) shall not be otherwise 
limited or diminished as a result of the imple-
mentation of the Lincoln Legacy Infrastructure 
Development Act.’’. 
(b) TOLL ROADS, BRIDGES, TUNNELS, AND FER-
RIES.—Section 129(a)(3) of title 23, United States Code, 
is amended in the last sentence by striking ‘‘for any pur-
pose for which Federal funds may be obligated by a State 
under this title’’ and inserting ‘‘, including revenues re-
ceived as a result of any agreement entered into by the 
State for the sale, lease, or concession of a highway, 
bridge, or tunnel, only for purposes relating to a highway 
or transit transportation project carried out under this 
title or title 49’’. 
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(c) HOV FACILITIES.—Section 166(a) of title 23, 
United States Code, is amended by striking paragraph (2) 
and inserting the following: 
‘‘(2) OCCUPANCY REQUIREMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B) and in other provisions of 
this section, not fewer than 2 occupants per ve-
hicle may be required for use of a HOV facility. 
‘‘(B) CONGESTION.—In any case in which 
a State determines that a HOV facility is a de-
graded facility (as described in subsection 
(d)(2)(B)) or that the average speed of traffic 
on a HOV facility slows to less than the min-
imum average operating speed (as defined in 
subsection (d)(2)(A)), the State shall require 
not fewer than 3 occupants per vehicle for use 
of the HOV facility.’’. 
(d) INNOVATIVE SURFACE TRANSPORTATION FI-
NANCING METHODS.— 
(1) VALUE PRICING PILOT PROGRAM.—Section 
1012(b)(1) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 149 note; 
105 Stat. 1938) is amended in the second sentence 
by striking ‘‘as many as 15 such State or local gov-
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ernments or public authorities’’ and inserting 
‘‘States, local governments, and public authorities’’. 
(2) INTERSTATE
SYSTEM
RECONSTRUCTION 
AND
REHABILITATION
PILOT
PROGRAM.—Section 
1216(b)(2) of the Transportation Equity Act for the 
21st Century (23 U.S.C. 129 note; 112 Stat. 212) 
is amended— 
(A) in the first sentence, by striking ‘‘3’’ 
and inserting ‘‘10’’; and 
(B) by striking the second sentence. 
(e) EXPRESS LANES DEMONSTRATION PROGRAM.— 
Section 1604(b)(2) of the SAFETEA–LU (23 U.S.C. 129 
note; 119 Stat. 1250) is amended in the matter preceding 
subparagraph (A)— 
(1) by striking ‘‘15’’; and 
(2) by striking ‘‘2005 through 2009’’ and in-
serting ‘‘2012 through 2017’’. 
(f) INTERSTATE
SYSTEM
CONSTRUCTION
TOLL 
PILOT PROGRAM.—Section 1604(c) of the SAFETEA– 
LU (23 U.S.C. 129 note; 119 Stat. 1253) is amended— 
(1) by striking paragraph (2); 
(2) by redesignating paragraphs (9) and (1) as 
paragraphs (1) and (2), respectively; and 
(3) in paragraph (8), by striking ‘‘the date of 
enactment of this Act’’ and inserting ‘‘the date of 
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enactment of the Lincoln Legacy Infrastructure De-
velopment Act’’. 
SEC. 4. INFRASTRUCTURE FINANCE. 
(a) NONSUBORDINATION.— 
(1) SECURED LOANS.—Section 603(b) of title 
23, United States Code, is amended— 
(A) by striking paragraph (6); and 
(B) by redesignating paragraphs (7) and 
(8) as paragraphs (6) and (7), respectively. 
(2) LINES OF CREDIT.—Section 604(b) of title 
23, United States Code, is amended— 
(A) by striking paragraph (8); and 
(B) by redesignating paragraphs (9) and 
(10) as paragraphs (8) and (9), respectively. 
(b) REAUTHORIZATION.—Section 608(a) of title 23, 
United States Code, is amended— 
(1) 
in 
paragraph 
(1), 
by 
striking 
‘‘$122,000,000 for each of fiscal years 2005 through 
2009’’ and inserting ‘‘$750,000,000 for each of fis-
cal years 2012 through 2017’’; and 
(2) in paragraph (3) by striking ‘‘$2,200,000 
for each of fiscal years 2005 through 2009’’ and in-
serting ‘‘$7,500,000 for each of fiscal years 2012 
through 2017’’. 
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SEC. 5. RAILROAD REHABILITATION AND IMPROVEMENT 
FINANCING PROGRAM. 
(a) ELIGIBLE ACTIVITIES.—Section 822(b)(1) of title 
45, United States Code, is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(D) carry out projects and activities that 
benefit high-speed rail; or 
‘‘(E) carry out development phase activi-
ties, including planning, feasibility analysis, rev-
enue forecasting, environmental review, permit-
ting, preliminary engineering and design work, 
and other preconstruction activities.’’. 
(b) 
CREDIT
RISK
REQUIREMENTS.—Section 
822(h)(2) of title 45, United States Code, is amended by 
inserting ‘‘For purposes of making a finding under sub-
section (g)(4), the Secretary, through the Administrator 
of the Federal Railroad Administration, shall consider the 
net present value of anticipated dedicated revenues or user 
fees to be collateral offered by the applicant.’’ after ‘‘the 
project.’’. 
(c) BIANNUAL REPORT.—Not later than 6 months 
after the date of the enactment of this Act, and every 6 
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months thereafter, the Administrator of the Federal Rail-
road Administration shall submit a report to Congress 
that describes— 
(1) the number of loans pending and issued 
under section 822 of title 45, United States Code; 
and 
(2) the time taken to process each of the loans 
described in paragraph (1). 
SEC. 6. PUBLIC TRANSPORTATION. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Administrator’’ mean the Admin-
istrator of the Federal Transit Administration; 
(2) the term ‘‘covered HOT lane facility’’ 
means any high occupancy/toll lane facility used by 
a bus service operated by a public transportation 
agency, without regard to whether the high occu-
pancy/toll lane facility was converted from a high oc-
cupancy vehicle facility; 
(3) the term ‘‘eligible project’’ means a project 
carried out using funding under section 5307 or 
5309 of title 49, United States Code; 
(4) the term ‘‘eligible recipient’’ means a recipi-
ent of funding under section 5307 or 5309 of title 
49, United States Code; 
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(5) the term ‘‘experimental program’’ means 
the public-private partnership experimental program 
established under subsection (b); and 
(6) the term ‘‘fixed guideway miles’’ includes 
fixed guideway revenue vehicle-miles, fixed guideway 
route miles, and fixed guideway vehicle passenger- 
miles. 
(b) PUBLIC-PRIVATE PARTNERSHIP EXPERIMENTAL 
PROGRAM.— 
(1) PROGRAM
ESTABLISHED.—The Adminis-
trator shall establish a 6-year public-private partner-
ship experimental program to encourage eligible re-
cipients to carry out tests and experimentation in 
the project development process that are designed 
to— 
(A) attract private investment in covered 
projects; and 
(B) increase project management flexibility 
and innovation, improve efficiency, allow for 
timely project implementation, and create new 
revenue streams. 
(2) IMPLEMENTATION OF PROGRAM.—The ex-
perimental program shall— 
(A) except as provided in paragraph (5), 
identify any provisions of chapter 53 of title 49, 
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