Title: Surface Transportation Reauthorization Act of 2021
Policy area: Transportation and Public Works

Summary:
Surface Transportation Reauthorization Act of 2021
This bill reauthorizes through FY2026, revises, and establishes multiple transportation programs and activities, including those supported by the Highway Trust Fund.
This includes
In addition, the bill modifies eligibility criteria and other elements of a program that provides loans and other types of credit for surface transportation projects of regional and national significance.
Further, the bill makes changes to research and related activities carried out by the Department of Transportation (DOT). For example, DOT must carry out and support research on (1) user-based alternative revenue mechanisms to support the Highway Trust Fund, (2) automated vehicles and other new technologies, and (3) development of data sets to measure performance and other aspects of transportation programs.
The bill also authorizes through FY2026 funding for the Department of the Interior for road maintenance and otherwise addresses transportation programs for Indian tribes.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1931 Reported in Senate (RS)]

<DOC>





                                                        Calendar No. 64
117th CONGRESS
  1st Session
                                S. 1931

 To amend title 23, United States Code, to authorize funds for Federal-
 aid highways and highway safety construction programs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 2021

 Mr. Carper, from the Committee on Environment and Public Works of the 
Senate, reported the following original bill; which was read twice and 
                         placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, to authorize funds for Federal-
 aid highways and highway safety construction programs, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Surface 
Transportation Reauthorization Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. Apportionment.
Sec. 1105. National highway performance program.
Sec. 1106. Emergency relief.
Sec. 1107. Federal share payable.
Sec. 1108. Railway-highway grade crossings.
Sec. 1109. Surface transportation block grant program.
Sec. 1110. Nationally significant freight and highway projects.
Sec. 1111. Highway safety improvement program.
Sec. 1112. Federal lands transportation program.
Sec. 1113. Federal lands access program.
Sec. 1114. National highway freight program.
Sec. 1115. Congestion mitigation and air quality improvement program.
Sec. 1116. Alaska Highway.
Sec. 1117. Toll roads, bridges, tunnels, and ferries.
Sec. 1118. Bridge investment program.
Sec. 1119. Safe routes to school.
Sec. 1120. Highway use tax evasion projects.
Sec. 1121. Construction of ferry boats and ferry terminal facilities.
Sec. 1122. Vulnerable road user research.
Sec. 1123. Wildlife crossing safety.
Sec. 1124. Consolidation of programs.
Sec. 1125. State freight advisory committees.
Sec. 1126. Territorial and Puerto Rico highway program.
Sec. 1127. Nationally significant Federal lands and Tribal projects 
                            program.
Sec. 1128. Tribal high priority projects program.
Sec. 1129. Standards.
Sec. 1130. Public transportation.
Sec. 1131. Rural opportunities to use transportation for economic 
                            success council.
Sec. 1132. Reservation of certain funds.
Sec. 1133. Rural surface transportation grant program.
Sec. 1134. Bicycle transportation and pedestrian walkways.
Sec. 1135. Recreational trails program.
Sec. 1136. Updates to Manual on Uniform Traffic Control Devices.
            Subtitle B--Planning and Performance Management

Sec. 1201. Transportation planning.
Sec. 1202. Fiscal constraint on long-range transportation plans.
Sec. 1203. State human capital plans.
Sec. 1204. Prioritization process pilot program.
Sec. 1205. Travel demand data and modeling.
Sec. 1206. Increasing safe and accessible transportation options.
          Subtitle C--Project Delivery and Process Improvement

Sec. 1301. Codification of One Federal Decision.
Sec. 1302. Work zone process reviews.
Sec. 1303. Transportation management plans.
Sec. 1304. Intelligent transportation systems.
Sec. 1305. Alternative contracting methods.
Sec. 1306. Flexibility for projects.
Sec. 1307. Improved Federal-State stewardship and oversight agreements.
Sec. 1308. Geomatic data.
Sec. 1309. Evaluation of projects within an operational right-of-way.
Sec. 1310. Preliminary engineering.
Sec. 1311. Efficient implementation of NEPA for Federal land management 
                            projects.
Sec. 1312. National Environmental Policy Act of 1969 reporting program.
Sec. 1313. Surface transportation project delivery program written 
                            agreements.
Sec. 1314. State assumption of responsibility for categorical 
                            exclusions.
Sec. 1315. Early utility relocation prior to transportation project 
                            environmental review.
Sec. 1316. Streamlining of section 4(f) reviews.
Sec. 1317. Categorical exclusion for projects of limited Federal 
                            assistance.
Sec. 1318. Certain gathering lines located on Federal land and Indian 
                            land.
Sec. 1319. Annual report.
                       Subtitle D--Climate Change

Sec. 1401. Grants for charging and fueling infrastructure.
Sec. 1402. Reduction of truck emissions at port facilities.
Sec. 1403. Carbon reduction program.
Sec. 1404. Congestion relief program.
Sec. 1405. Freight plans.
Sec. 1406. Promoting Resilient Operations for Transformative, 
                            Efficient, and Cost-saving Transportation 
                            (PROTECT) program.
Sec. 1407. Healthy Streets program.
                       Subtitle E--Miscellaneous

Sec. 1501. Additional deposits into Highway Trust Fund.
Sec. 1502. Stopping threats on pedestrians.
Sec. 1503. Transfer and sale of toll credits.
Sec. 1504. Study of impacts on roads from self-driving vehicles.
Sec. 1505. Disaster relief mobilization study.
Sec. 1506. Appalachian Regional Commission.
Sec. 1507. Denali Commission.
Sec. 1508. Requirements for transportation projects carried out through 
                            public-private partnerships.
Sec. 1509. Reconnecting communities pilot program.
Sec. 1510. Cybersecurity tool; cyber coordinator.
Sec. 1511. Report on emerging alternative fuel vehicles and 
                            infrastructure.
Sec. 1512. Nonhighway recreational fuel study.
Sec. 1513. Buy America.
Sec. 1514. High priority corridors on the National Highway System.
Sec. 1515. Interstate weight limits.
Sec. 1516. Report on air quality improvements.
Sec. 1517. Roadside highway safety hardware.
Sec. 1518. Permeable pavements study.
Sec. 1519. Emergency relief projects.
Sec. 1520. Study on stormwater best management practices.
Sec. 1521. Stormwater best management practices reports.
Sec. 1522. Invasive plant elimination program.
Sec. 1523. Over-the-road bus tolling equity.
Sec. 1524. Bridge terminology.
Sec. 1525. Technical corrections.
Sec. 1526. Working group on covered resources.
Sec. 1527. Blood transport vehicles.
Sec. 1528. Pollinator-friendly practices on roadsides and highway 
                            rights-of-way.
Sec. 1529. Active transportation infrastructure investment program.
     TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 
                            1998 amendments.
             TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION

Sec. 3001. Strategic innovation for revenue collection.
Sec. 3002. National motor vehicle per-mile user fee pilot.
Sec. 3003. Performance management data support program.
Sec. 3004. Data integration pilot program.
Sec. 3005. Emerging technology research pilot program.
Sec. 3006. Research and technology development and deployment.
Sec. 3007. Workforce development, training, and education.
Sec. 3008. Wildlife-vehicle collision research.
Sec. 3009. Transportation Resilience and Adaptation Centers of 
                            Excellence.
Sec. 3010. Transportation access pilot program.
                        TITLE IV--INDIAN AFFAIRS

Sec. 4001. Definition of Secretary.
Sec. 4002. Environmental reviews for certain tribal transportation 
                            facilities.
Sec. 4003. Programmatic agreements for tribal categorical exclusions.
Sec. 4004. Use of certain tribal transportation funds.
Sec. 4005. Bureau of Indian Affairs road maintenance program.
Sec. 4006. Study of road maintenance on Indian land.
Sec. 4007. Maintenance of certain Indian reservation roads.
Sec. 4008. Tribal transportation safety needs.
Sec. 4009. Office of Tribal Government Affairs.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Transportation.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 3. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect on October 
1, 2021.

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Federal-aid highway program.--For the national highway 
        performance program under section 119 of title 23, United 
        States Code, the surface transportation block grant program 
        under section 133 of that title, the highway safety improvement 
        program under section 148 of that title, the congestion 
        mitigation and air quality improvement program under section 
        149 of that title, the national highway freight program under 
        section 167 of that title, the carbon reduction program under 
        section 175 of that title, to carry out subsection (c) of the 
        PROTECT program under section 176 of that title, and to carry 
        out section 134 of that title--
                    (A) $52,488,065,375 for fiscal year 2022;
                    (B) $53,537,826,683 for fiscal year 2023;
                    (C) $54,608,583,217 for fiscal year 2024;
                    (D) $55,700,754,881 for fiscal year 2025; and
                    (E) $56,814,769,844 for fiscal year 2026.
            (2) Transportation infrastructure finance and innovation 
        program.--For credit assistance under the transportation 
        infrastructure finance and innovation program under chapter 6 
        of title 23, United States Code, $250,000,000 for each of 
        fiscal years 2022 through 2026.
            (3) Federal lands and tribal transportation programs.--
                    (A) Tribal transportation program.--For the tribal 
                transportation program under section 202 of title 23, 
                United States Code--
                            (i) $578,460,000 for fiscal year 2022;
                            (ii) $589,960,000 for fiscal year 2023;
                            (iii) $602,460,000 for fiscal year 2024;
                            (iv) $612,960,000 for fiscal year 2025; and
                            (v) $627,960,000 for fiscal year 2026.
                    (B) Federal lands transportation program.--
                            (i) In general.--For the Federal lands 
                        transportation program under section 203 of 
                        title 23, United States Code--
                                    (I) $421,965,000 for fiscal year 
                                2022;
                                    (II) $429,965,000 for fiscal year 
                                2023;
                                    (III) $438,965,000 for fiscal year 
                                2024;
                                    (IV) $447,965,000 for fiscal year 
                                2025; and
                                    (V) $455,965,000 for fiscal year 
                                2026.
                            (ii) Allocation.--Of the amount made 
                        available for a fiscal year under clause (i)--
                                    (I) the amount for the National 
                                Park Service is--
                                            (aa) $332,427,450 for 
                                        fiscal year 2022;
                                            (bb) $338,867,450 for 
                                        fiscal year 2023;
                                            (cc) $346,237,450 for 
                                        fiscal year 2024;
                                            (dd) $353,607,450 for 
                                        fiscal year 2025; and
                                            (ee) $360,047,450 for 
                                        fiscal year 2026;
                                    (II) the amount for the United 
                                States Fish and Wildlife Service is 
                                $36,000,000 for each of fiscal years 
                                2022 through 2026; and
                                    (III) the amount for the Forest 
                                Service is--
                                            (aa) $24,000,000 for fiscal 
                                        year 2022;
                                            (bb) $25,000,000 for fiscal 
                                        year 2023;
                                            (cc) $26,000,000 for fiscal 
                                        year 2024;
                                            (dd) $27,000,000 for fiscal 
                                        year 2025; and
                                            (ee) $28,000,000 for fiscal 
                                        year 2026.
                    (C) Federal lands access program.--For the Federal 
                lands access program under section 204 of title 23, 
                United States Code--
                            (i) $285,975,000 for fiscal year 2022;
                            (ii) $291,975,000 for fiscal year 2023;
                            (iii) $296,975,000 for fiscal year 2024;
                            (iv) $303,975,000 for fiscal year 2025; and
                            (v) $308,975,000 for fiscal year 2026.
            (4) Territorial and puerto rico highway program.--For the 
        territorial and Puerto Rico highway program under section 165 
        of title 23, United States Code--
                    (A) $219,000,000 for fiscal year 2022;
                    (B) $224,000,000 for fiscal year 2023;
                    (C) $228,000,000 for fiscal year 2024;
                    (D) $232,500,000 for fiscal year 2025; and
                    (E) $237,000,000 for fiscal year 2026.
            (5) Nationally significant freight and highway projects.--
        For nationally significant freight and highway projects under 
        section 117 of title 23, United States Code--
                    (A) $1,000,000,000 for fiscal year 2022;
                    (B) $1,000,000,000 for fiscal year 2023;
                    (C) $1,000,000,000 for fiscal year 2024;
                    (D) $900,000,000 for fiscal year 2025; and
                    (E) $900,000,000 for fiscal year 2026.
    (b) Other Programs.--
            (1) In general.--The following amounts are authorized to be 
        appropriated out of the Highway Trust Fund (other than the Mass 
        Transit Account):
                    (A) Bridge investment program.--To carry out the 
                bridge investment program under section 124 of title 
                23, United States Code--
                            (i) $600,000,000 for fiscal year 2022;
                            (ii) $640,000,000 for fiscal year 2023;
                            (iii) $650,000,000 for fiscal year 2024;
                            (iv) $675,000,000 for fiscal year 2025; and
                            (v) $700,000,000 for fiscal year 2026.
                    (B) Congestion relief program.--To carry out the 
                congestion relief program under section 129(d) of title 
                23, United States Code, $50,000,000 for each of fiscal 
                years 2022 through 2026.
                    (C) Charging and fueling infrastructure grants.--To 
                carry out section 151(f) of title 23, United States 
                Code--
                            (i) $300,000,000 for fiscal year 2022;
                            (ii) $400,000,000 for fiscal year 2023;
                            (iii) $500,000,000 for fiscal year 2024;
                            (iv) $600,000,000 for fiscal year 2025; and
                            (v) $700,000,000 for fiscal year 2026.
                    (D) Rural surface transportation grant program.--To 
                carry out the rural surface transportation grant 
                program under section 173 of title 23, United States 
                Code--
                            (i) $300,000,000 for fiscal year 2022;
                            (ii) $350,000,000 for fiscal year 2023;
                            (iii) $400,000,000 for fiscal year 2024;
                            (iv) $450,000,000 for fiscal year 2025; and
                            (v) $500,000,000 for fiscal year 2026.
                    (E) PROTECT grants.--
                            (i) In general.--To carry out subsection 
                        (d) of the PROTECT program under section 176 of 
                        title 23, United States Code, for each of 
                        fiscal years 2022 through 2026--
                                    (I) $250,000,000 for fiscal year 
                                2022;
                                    (II) $250,000,000 for fiscal year 
                                2023;
                                    (III) $300,000,000 for fiscal year 
                                2024;
                                    (IV) $300,000,000 for fiscal year 
                                2025; and
                                    (V) $300,000,000 for fiscal year 
                                2026.
                            (ii) Allocation.--Of the amounts made 
                        available under clause (i)--
                                    (I) for planning grants under 
                                paragraph (3) of that subsection--
                                            (aa) $25,000,000 for fiscal 
                                        year 2022;
                                            (bb) $25,000,000 for fiscal 
                                        year 2023;
                                            (cc) $30,000,000 for fiscal 
                                        year 2024;
                                            (dd) $30,000,000 for fiscal 
                                        year 2025; and
                                            (ee) $30,000,000 for fiscal 
                                        year 2026;
                                    (II) for resilience improvement 
                                grants under paragraph (4)(A) of that 
                                subsection--
                                            (aa) $175,000,000 for 
                                        fiscal year 2022;
                                            (bb) $175,000,000 for 
                                        fiscal year 2023;
                                            (cc) $210,000,000 for 
                                        fiscal year 2024;
                                            (dd) $210,000,000 for 
                                        fiscal year 2025; and
                                            (ee) $210,000,000 for 
                                        fiscal year 2026;
                                    (III) for community resilience and 
                                evacuation route grants under paragraph 
                                (4)(B) of that subsection--
                                            (aa) $25,000,000 for fiscal 
                                        year 2022;
                                            (bb) $25,000,000 for fiscal 
                                        year 2023;
                                            (cc) $30,000,000 for fiscal 
                                        year 2024;
                                            (dd) $30,000,000 for fiscal 
                                        year 2025; and
                                            (ee) $30,000,000 for fiscal 
                                        year 2026; and
                                    (IV) for at-risk coastal 
                                infrastructure grants under paragraph 
                                (4)(C) of that subsection--
                                            (aa) $25,000,000 for fiscal 
                                        year 2022;
                                            (bb) $25,000,000 for fiscal 
                                        year 2023;
                                            (cc) $30,000,000 for fiscal 
                                        year 2024;
                                            (dd) $30,000,000 for fiscal 
                                        year 2025; and
                                            (ee) $30,000,000 for fiscal 
                                        year 2026.
                    (F) Reduction of truck emissions at port 
                facilities.--
                            (i) In general.--To carry out the reduction 
                        of truck emissions at port facilities under 
                        section 1402, $50,000,000 for each of fiscal 
                        years 2022 through 2026.
                            (ii) Treatment.--Amounts made available 
                        under clause (i) shall be available for 
                        obligation in the same manner as if those 
                        amounts were apportioned under chapter 1 of 
                        title 23, United States Code.
                    (G) Nationally significant federal lands and tribal 
                projects.--
                            (i) In general.--To carry out the 
                        nationally significant Federal lands and tribal 
                        projects program under section 1123 of the FAST 
                        Act (23 U.S.C. 201 note; Public Law 114-94), 
                        $55,000,000 for each of fiscal years 2022 
                        through 2026.
                            (ii) Treatment.--Amounts made available 
                        under clause (i) shall be available for 
                        obligation in the same manner as if those 
                        amounts were apportioned under chapter 1 of 
                        title 23, United States Code.
            (2) General fund.--
                    (A) Bridge investment program.--
                            (i) In general.--In addition to amounts 
                        made available under paragraph (1)(A), there 
                        are authorized to be appropriated to carry out 
                        the bridge investment program under section 124 
                        of title 23, United States Code--
                                    (I) $600,000,000 for fiscal year 
                                2022;
                                    (II) $640,000,000 for fiscal year 
                                2023;
                                    (III) $650,000,000 for fiscal year 
                                2024;
                                    (IV) $675,000,000 for fiscal year 
                                2025; and
                                    (V) $700,000,000 for fiscal year 
                                2026.
                            (ii) Allocation.--Amounts made available 
                        under clause (i) shall be allocated in the same 
                        manner as if made available under paragraph 
                        (1)(A).
                    (B) Nationally significant federal lands and tribal 
                projects program.--In addition to amounts made 
                available under paragraph (1)(G), there is authorized 
                to be appropriated to carry out section 1123 of the 
                FAST Act (23 U.S.C. 201 note; Public Law 114-94) 
                $300,000,000 for each of fiscal years 2022 through 
                2026.
                    (C) Healthy streets program.--There is authorized 
                to be appropriated to carry out the Healthy Streets 
                program under section 1407 $100,000,000 for each of 
                fiscal years 2022 through 2026.
                    (D) Transportation resilience and adaptation 
                centers of excellence.--There is authorized to be 
                appropriated to carry out section 520 of title 23, 
                United States Code, $100,000,000 for each of fiscal 
                years 2022 through 2026.
                    (E) Open challenge and research proposal pilot 
                program.--There is authorized to be appropriated to 
                carry out the open challenge and research proposal 
                pilot program under section 3006(e) $15,000,000 for 
                each of fiscal years 2022 through 2026.
    (c) Research, Technology, and Education Authorizations.--
            (1) In general.--The following amounts are authorized to be 
        appropriated out of the Highway Trust Fund (other than the Mass 
        Transit Account):
                    (A) Highway research and development program.--To 
                carry out section 503(b) of title 23, United States 
                Code, $147,000,000 for each of fiscal years 2022 
                through 2026.
                    (B) Technology and innovation deployment program.--
                To carry out section 503(c) of title 23, United States 
                Code, $110,000,000 for each of fiscal years 2022 
                through 2026.
                    (C) Training and education.--To carry out section 
                504 of title 23, United States Code--
                            (i) $25,000,000 for fiscal year 2022;
                            (ii) $25,250,000 for fiscal year 2023;
                            (iii) $25,500,000 for fiscal year 2024;
                            (iv) $25,750,000 for fiscal year 2025; and
                            (v) $26,000,000 for fiscal year 2026.
                    (D) Intelligent transportation systems program.--To 
                carry out sections 512 through 518 of title 23, United 
                States Code, $110,000,000 for each of fiscal years 2022 
                through 2026.
                    (E) University transportation centers program.--To 
                carry out section 5505 of title 49, United States 
                Code--
                            (i) $80,000,000 for fiscal year 2022;
                            (ii) $80,500,000 for fiscal year 2023;
                            (iii) $81,000,000 for fiscal year 2024;
                            (iv) $81,500,000 for fiscal year 2025; and
                            (v) $82,000,000 for fiscal year 2026.
                    (F) Bureau of transportation statistics.--To carry 
                out chapter 63 of title 49, United States Code--
                            (i) $26,000,000 for fiscal year 2022;
                            (ii) $26,250,000 for fiscal year 2023;
                            (iii) $26,500,000 for fiscal year 2024;
                            (iv) $26,750,000 for fiscal year 2025; and
                            (v) $27,000,000 for fiscal year 2026.
            (2) Administration.--The Federal Highway Administration 
        shall--
                    (A) administer the programs described in 
                subparagraphs (A), (B), and (C) of paragraph (1); and
                    (B) in consultation with relevant modal 
                administrations, administer the programs described in 
                paragraph (1)(D).
            (3) Applicability of title 23, united states code.--Amounts 
        authorized to be appropriated by paragraph (1) shall--
                    (A) be available for obligation in the same manner 
                as if those funds were apportioned under chapter 1 of 
                title 23, United States Code, except that the Federal 
                share of the cost of a project or activity carried out 
                using those funds shall be 80 percent, unless otherwise 
                expressly provided by this Act (including the 
                amendments by this Act) or otherwise determined by the 
                Secretary; and
                    (B) remain available until expended and not be 
                transferable, except as otherwise provided by this Act.
    (d) Pilot Programs.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Wildlife crossings pilot program.--For the wildlife 
        crossings pilot program under section 171 of title 23, United 
        States Code--
                    (A) $60,000,000 for fiscal year 2022;
                    (B) $65,000,000 for fiscal year 2023;
                    (C) $70,000,000 for fiscal year 2024;
                    (D) $75,000,000 for fiscal year 2025; and
                    (E) $80,000,000 for fiscal year 2026.
            (2) Prioritization process pilot program.--
                    (A) In general.--For the prioritization process 
                pilot program under section 1204, $10,000,000 for each 
                of fiscal years 2022 through 2026.
                    (B) Treatment.--Amounts made available under 
                subparagraph (A) shall be available for obligation in 
                the same manner as if those amounts were apportioned 
                under chapter 1 of title 23, United States Code.
            (3) Reconnecting communities pilot program.--
                    (A) Planning grants.--For planning grants under the 
                reconnecting communities pilot program under section 
                1509(c), $30,000,000 for each of fiscal years 2022 
                through 2026.
                    (B) Capital construction grants.--For capital 
                construction grants under the reconnecting communities 
                pilot program under section 1509(d)--
                            (i) $65,000,000 for fiscal year 2022;
                            (ii) $68,000,000 for fiscal year 2023;
                            (iii) $70,000,000 for fiscal year 2024;
                            (iv) $72,000,000 for fiscal year 2025; and
                            (v) $75,000,000 for fiscal year 2026.
                    (C) Treatment.--Amounts made available under 
                subparagraph (A) or (B) shall be available for 
                obligation in the same manner as if those amounts were 
                apportioned under chapter 1 of title 23, United States 
                Code, except that those amounts shall remain available 
                until expended.
    (e) Disadvantaged Business Enterprises.--
            (1) Findings.--Congress finds that--
                    (A) while significant progress has occurred due to 
                the establishment of the disadvantaged business 
                enterprise program, discrimination and related barriers 
                continue to pose significant obstacles for minority- 
                and women-owned businesses seeking to do business in 
                Federally assisted surface transportation markets 
                across the United States;
                    (B) the continuing barriers described in 
                subparagraph (A) merit the continuation of the 
                disadvantaged business enterprise program;
                    (C) Congress has received and reviewed testimony 
                and documentation of race and gender discrimination 
                from numerous sources, including congressional hearings 
                and roundtables, scientific reports, reports issued by 
                public and private agencies, news stories, reports of 
                discrimination by organizations and individuals, and 
                discrimination lawsuits, which show that race- and 
                gender-neutral efforts alone are insufficient to 
                address the problem;
                    (D) the testimony and documentation described in 
                subparagraph (C) demonstrate that discrimination across 
                the United States poses a barrier to full and fair 
                participation in surface transportation-related 
                businesses of women business owners and minority 
                business owners and has impacted firm development and 
                many aspects of surface transportation-related business 
                in the public and private markets; and
                    (E) the testimony and documentation described in 
                subparagraph (C) provide a strong basis that there is a 
                compelling need for the continuation of the 
                disadvantaged business enterprise program to address 
                race and gender discrimination in surface 
                transportation-related business.
            (2) Definitions.--In this subsection:
                    (A) Small business concern.--
                            (i) In general.--The term ``small business 
                        concern'' means a small business concern (as 
                        the term is used in section 3 of the Small 
                        Business Act (15 U.S.C. 632)).
                            (ii) Exclusions.--The term ``small business 
                        concern'' does not include any concern or group 
                        of concerns controlled by the same socially and 
                        economically disadvantaged individual or 
                        individuals that have average annual gross 
                        receipts during the preceding 3 fiscal years in 
                        excess of $26,290,000, as adjusted annually by 
                        the Secretary for inflation.
                    (B) Socially and economically disadvantaged 
                individuals.--The term ``socially and economically 
                disadvantaged individuals'' has the meaning given the 
                term in section 8(d) of the Small Business Act (15 
                U.S.C. 637(d)) and relevant subcontracting regulations 
                issued pursuant to that Act, except that women shall be 
                presumed to be socially and economically disadvantaged 
                individuals for purposes of this subsection.
            (3) Amounts for small business concerns.--Except to the 
        extent that the Secretary determines otherwise, not less than 
        10 percent of the amounts made available for any program under 
        this Act (other than section 4004) and section 403 of title 23, 
        United States Code, shall be expended through small business 
        concerns owned and controlled by socially and economically 
        disadvantaged individuals.
            (4) Annual listing of disadvantaged business enterprises.--
        Each State shall annually--
                    (A) survey and compile a list of the small business 
                concerns referred to in paragraph (3) in the State, 
                including the location of the small business concerns 
                in the State; and
                    (B) notify the Secretary, in writing, of the 
                percentage of the small business concerns that are 
                controlled by--
                            (i) women;
                            (ii) socially and economically 
                        disadvantaged individuals (other than women); 
                        and
                            (iii) individuals who are women and are 
                        otherwise socially and economically 
                        disadvantaged individuals.
            (5) Uniform certification.--
                    (A) In general.--The Secretary shall establish 
                minimum uniform criteria for use by State governments 
                in certifying whether a concern qualifies as a small 
                business concern for the purpose of this subsection.
                    (B) Inclusions.--The minimum uniform criteria 
                established under subparagraph (A) shall include, with 
                respect to a potential small business concern--
                            (i) on-site visits;
                            (ii) personal interviews with personnel;
                            (iii) issuance or inspection of licenses;
                            (iv) analyses of stock ownership;
                            (v) listings of equipment;
                            (vi) analyses of bonding capacity;
                            (vii) listings of work completed;
                            (viii) examination of the resumes of 
                        principal owners;
                            (ix) analyses of financial capacity; and
                            (x) analyses of the type of work preferred.
            (6) Reporting.--The Secretary shall establish minimum 
        requirements for use by State governments in reporting to the 
        Secretary--
                    (A) information concerning disadvantaged business 
                enterprise awards, commitments, and achievements; and
                    (B) such other information as the Secretary 
                determines to be appropriate for the proper monitoring 
                of the disadvantaged business enterprise program.
            (7) Compliance with court orders.--Nothing in this 
        subsection limits the eligibility of an individual or entity to 
        receive funds made available under this Act and section 403 of 
        title 23, United States Code, if the entity or person is 
        prevented, in whole or in part, from complying with paragraph 
        (3) because a Federal court issues a final order in which the 
        court finds that a requirement or the implementation of 
        paragraph (3) is unconstitutional.
            (8) Sense of congress on prompt payment of dbe 
        subcontractors.--It is the sense of Congress that--
                    (A) the Secretary should take additional steps to 
                ensure that recipients comply with section 26.29 of 
                title 49, Code of Federal Regulations (the 
                disadvantaged business enterprises prompt payment 
                rule), or any corresponding regulation, in awarding 
                Federally funded transportation contracts under laws 
                and regulations administered by the Secretary; and
                    (B) such additional steps should include increasing 
                the ability of the Department to track and keep records 
                of complaints and to make that information publicly 
                available.

SEC. 1102. OBLIGATION CEILING.

    (a) General Limitation.--Subject to subsection (e), and 
notwithstanding any other provision of law, the obligations for 
Federal-aid highway and highway safety construction programs shall not 
exceed--
            (1) $57,473,430,072 for fiscal year 2022;
            (2) $58,764,510,674 for fiscal year 2023;
            (3) $60,095,782,888 for fiscal year 2024;
            (4) $61,314,170,545 for fiscal year 2025; and
            (5) $62,657,105,821 for fiscal year 2026.
    (b) Exceptions.--The limitations under subsection (a) shall not 
apply to obligations under or for--
            (1) section 125 of title 23, United States Code;
            (2) section 147 of the Surface Transportation Assistance 
        Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
            (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
        Stat. 1701);
            (4) subsections (b) and (j) of section 131 of the Surface 
        Transportation Assistance Act of 1982 (96 Stat. 2119);
            (5) subsections (b) and (c) of section 149 of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987 
        (101 Stat. 198);
            (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 2027);
            (7) section 157 of title 23, United States Code (as in 
        effect on June 8, 1998);
            (8) section 105 of title 23, United States Code (as in 
        effect for fiscal years 1998 through 2004, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (9) Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity 
        Act for the 21st Century (112 Stat. 107) or subsequent Acts for 
        multiple years or to remain available until expended, but only 
        to the extent that the obligation authority has not lapsed or 
        been used;
            (10) section 105 of title 23, United States Code (as in 
        effect for fiscal years 2005 through 2012, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
        Stat. 1248), to the extent that funds obligated in accordance 
        with that section were not subject to a limitation on 
        obligations at the time at which the funds were initially made 
        available for obligation;
            (12) section 119 of title 23, United States Code (as in 
        effect for fiscal years 2013 through 2015, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (13) section 119 of title 23, United States Code (as in 
        effect for fiscal years 2016 through 2021, but only in an 
        amount equal to $639,000,000 for each of those fiscal years); 
        and
            (14) section 119 of title 23, United States Code (but, for 
        fiscal years 2022 through 2026, only in an amount equal to 
        $639,000,000 for each of those fiscal years).
    (c) Distribution of Obligation Authority.--For each of fiscal years 
2022 through 2026, the Secretary--
            (1) shall not distribute obligation authority provided by 
        subsection (a) for the fiscal year for--
                    (A) amounts authorized for administrative expenses 
                and programs by section 104(a) of title 23, United 
                States Code; and
                    (B) amounts authorized for the Bureau of 
                Transportation Statistics;
            (2) shall not distribute an amount of obligation authority 
        provided by subsection (a) that is equal to the unobligated 
        balance of amounts--
                    (A) made available from the Highway Trust Fund 
                (other than the Mass Transit Account) for Federal-aid 
                highway and highway safety construction programs for 
                previous fiscal years the funds for which are allocated 
                by the Secretary (or apportioned by the Secretary under 
                section 175, 176(c), 202, or 204 of title 23, United 
                States Code); and
                    (B) for which obligation authority was provided in 
                a previous fiscal year;
            (3) shall determine the proportion that--
                    (A) the obligation authority provided by subsection 
                (a) for the fiscal year, less the aggregate of amounts 
                not distributed under paragraphs (1) and (2) of this 
                subsection; bears to
                    (B) the total of the sums authorized to be 
                appropriated for the Federal-aid highway and highway 
                safety construction programs (other than sums 
                authorized to be appropriated for provisions of law 
                described in paragraphs (1) through (13) of subsection 
                (b) and sums authorized to be appropriated for section 
                119 of title 23, United States Code, equal to the 
                amount referred to in subsection (b)(14) for the fiscal 
                year), less the aggregate of the amounts not 
                distributed under paragraphs (1) and (2) of this 
                subsection;
            (4) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2), for each of the programs (other 
        than programs to which paragraph (1) applies) that are 
        allocated by the Secretary under this Act and title 23, United 
        States Code, or apportioned by the Secretary under section 175, 
        176(c), 202, or 204 of that title, by multiplying--
                    (A) the proportion determined under paragraph (3); 
                by
                    (B) the amounts authorized to be appropriated for 
                each such program for the fiscal year; and
            (5) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and the amounts distributed under 
        paragraph (4), for Federal-aid highway and highway safety 
        construction programs that are apportioned by the Secretary 
        under title 23, United States Code (other than the amounts 
        apportioned for the national highway performance program in 
        section 119 of title 23, United States Code, that are exempt 
        from the limitation under subsection (b)(14) and the amounts 
        apportioned under sections 175, 176(c), 202, and 204 of that 
        title) in the proportion that--
                    (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for the fiscal year; bears 
                to
                    (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned 
                under title 23, United States Code, to all States for 
                the fiscal year.
    (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary shall, after August 1 of each of fiscal 
years 2022 through 2026--
            (1) revise a distribution of the obligation authority made 
        available under subsection (c) if an amount distributed cannot 
        be obligated during that fiscal year; and
            (2) redistribute sufficient amounts to those States able to 
        obligate amounts in addition to those previously distributed 
        during that fiscal year, giving priority to those States having 
        large unobligated balances of funds apportioned under sections 
        144 (as in effect on the day before the date of enactment of 
        MAP-21 (Public Law 112-141; 126 Stat. 405)) and 104 of title 
        23, United States Code.
    (e) Applicability of Obligation Limitations to Transportation 
Research Programs.--
            (1) In general.--Except as provided in paragraph (2), 
        obligation limitations imposed by subsection (a) shall apply to 
        contract authority for transportation research programs carried 
        out under chapter 5 of title 23, United States Code.
            (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--
                    (A) remain available for a period of 4 fiscal 
                years; and
                    (B) be in addition to the amount of any limitation 
                imposed on obligations for Federal-aid highway and 
                highway safety construction programs for future fiscal 
                years.
    (f) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not later than 30 days after the date of 
        distribution of obligation authority under subsection (c) for 
        each of fiscal years 2022 through 2026, the Secretary shall 
        distribute to the States any funds (excluding funds authorized 
        for the program under section 202 of title 23, United States 
        Code) that--
                    (A) are authorized to be appropriated for the 
                fiscal year for Federal-aid highway programs; and
                    (B) the Secretary determines will not be allocated 
                to the States (or will not be apportioned to the States 
                under sections 175, 176(c), and 204 of title 23, United 
                States Code), and will not be available for obligation, 
                for the fiscal year because of the imposition of any 
                obligation limitation for the fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same proportion as the distribution of obligation 
        authority under subsection (c)(5).
            (3) Availability.--Funds distributed to each State under 
        paragraph (1) shall be available for any purpose described in 
        section 133(b) of title 23, United States Code.

SEC. 1103. DEFINITIONS.

    Section 101(a) of title 23, United States Code, is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A), by inserting ``assessing 
                resilience,'' after ``surveying,'';
                    (B) in subparagraph (G), by striking ``and'' at the 
                end;
                    (C) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (D) by inserting after subparagraph (G) the 
                following:
                    ``(H) improvements that reduce the number of 
                wildlife-vehicle collisions, such as wildlife crossing 
                structures; and'';
            (2) by redesignating paragraphs (17) through (34) as 
        paragraphs (18), (19), (20), (21), (22), (23), (25), (26), 
        (27), (28), (29), (30), (31), (32), (33), (34), (35), and (36), 
        respectively;
            (3) by inserting after paragraph (16) the following:
            ``(17) Natural infrastructure.--The term `natural 
        infrastructure' means infrastructure that uses, restores, or 
        emulates natural ecological processes and--
                    ``(A) is created through the action of natural 
                physical, geological, biological, and chemical 
                processes over time;
                    ``(B) is created by human design, engineering, and 
                construction to emulate or act in concert with natural 
                processes; or
                    ``(C) involves the use of plants, soils, and other 
                natural features, including through the creation, 
                restoration, or preservation of vegetated areas using 
                materials appropriate to the region to manage 
                stormwater and runoff, to attenuate flooding and storm 
                surges, and for other related purposes.'';
            (4) by inserting after paragraph (23) (as so redesignated) 
        the following:
            ``(24) Resilience.--The term `resilience', with respect to 
        a project, means a project with the ability to anticipate, 
        prepare for, or adapt to conditions or withstand, respond to, 
        or recover rapidly from disruptions, including the ability--
                    ``(A)(i) to resist hazards or withstand impacts 
                from weather events and natural disasters; or
                    ``(ii) to reduce the magnitude or duration of 
                impacts of a disruptive weather event or natural 
                disaster on a project; and
                    ``(B) to have the absorptive capacity, adaptive 
                capacity, and recoverability to decrease project 
                vulnerability to weather events or other natural 
                disasters.''; and
            (5) in subparagraph (A) of paragraph (32) (as so 
        redesignated)--
                    (A) by striking the period at the end and inserting 
                ``; and'';
                    (B) by striking ``through the implementation'' and 
                inserting the following: ``through--
                            ``(i) the implementation''; and
                    (C) by adding at the end the following:
                            ``(ii) the consideration of incorporating 
                        natural infrastructure.''.

SEC. 1104. APPORTIONMENT.

    (a) Administrative Expenses.--Section 104(a)(1) of title 23, United 
States Code, is amended by striking subparagraphs (A) through (E) and 
inserting the following:
                    ``(A) $490,964,697 for fiscal year 2022;
                    ``(B) $500,783,991 for fiscal year 2023;
                    ``(C) $510,799,671 for fiscal year 2024;
                    ``(D) $521,015,664 for fiscal year 2025; and
                    ``(E) $531,435,977 for fiscal year 2026.''.
    (b) Division Among Programs of State Share.--Section 104(b) of 
title 23, United States Code, is amended in subsection (b)--
            (1) in the matter preceding paragraph (1), by inserting 
        ``the carbon reduction program under section 175, to carry out 
        subsection (c) of the PROTECT program under section 176,'' 
        before ``and to carry out section 134'';
            (2) in paragraph (1), by striking ``63.7 percent'' and 
        inserting ``59.0771195921461 percent'';
            (3) in paragraph (2), by striking ``29.3 percent'' and 
        inserting ``28.7402203421251 percent'';
            (4) in paragraph (3), by striking ``7 percent'' and 
        inserting ``6.70605141316253 percent'';
            (5) by striking paragraph (4) and inserting the following:
            ``(4) Congestion mitigation and air quality improvement 
        program.--
                    ``(A) In general.--For the congestion mitigation 
                and air quality improvement program, an amount 
                determined for the State under subparagraphs (B) and 
                (C).
                    ``(B) Total amount.--The total amount for the 
                congestion mitigation and air quality improvement 
                program for all States shall be--
                            ``(i) $2,536,490,803 for fiscal year 2022;
                            ``(ii) $2,587,220,620 for fiscal year 2023;
                            ``(iii) $2,638,965,032 for fiscal year 
                        2024;
                            ``(iv) $2,691,744,332 for fiscal year 2025; 
                        and
                            ``(v) $2,745,579,213 for fiscal year 2026.
                    ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the total 
                amount for the congestion mitigation and air quality 
                improvement program under subparagraph (B) so that each 
                State receives an amount equal to the proportion that--
                            ``(i) the amount apportioned to the State 
                        for the congestion mitigation and air quality 
                        improvement program for fiscal year 2020; bears 
                        to
                            ``(ii) the total amount of funds 
                        apportioned to all States for that program for 
                        fiscal year 2020.'';
            (6) in paragraph (5)--
                    (A) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Total amount.--The total amount set aside for 
                the national highway freight program for all States 
                shall be--
                            ``(i) $1,373,932,519 for fiscal year 2022;
                            ``(ii) $1,401,411,169 for fiscal year 2023;
                            ``(iii) $1,429,439,392 for fiscal year 
                        2024;
                            ``(iv) $1,458,028,180 for fiscal year 2025; 
                        and
                            ``(v) $1,487,188,740 for fiscal year 
                        2026.''; and
                    (B) by striking subparagraph (D); and
            (7) by striking paragraph (6) and inserting the following:
            ``(6) Metropolitan planning.--
                    ``(A) In general.--To carry out section 134, an 
                amount determined for the State under subparagraphs (B) 
                and (C).
                    ``(B) Total amount.--The total amount for 
                metropolitan planning for all States shall be--
                            ``(i) $ 438,121,139 for fiscal year 2022;
                            ``(ii) $446,883,562 for fiscal year 2023;
                            ``(iii) $455,821,233 for fiscal year 2024;
                            ``(iv) $464,937,657 for fiscal year 2025; 
                        and
                            ``(v) $474,236,409 for fiscal year 2026.
                    ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the total 
                amount to carry out section 134 under subparagraph (B) 
                so that each State receives an amount equal to the 
                proportion that--
                            ``(i) the amount apportioned to the State 
                        to carry out section 134 for fiscal year 2020; 
                        bears to
                            ``(ii) the total amount of funds 
                        apportioned to all States to carry out section 
                        134 for fiscal year 2020.
            ``(7) Carbon reduction program.--For the carbon reduction 
        program under section 175, 2.56266964565637 percent of the 
        amount remaining after distributing amounts under paragraphs 
        (4), (5), and (6).
            ``(8) PROTECT formula program.--To carry out subsection (c) 
        of the PROTECT program under section 176, 2.91393900690991 
        percent of the amount remaining after distributing amounts 
        under paragraphs (4), (5), and (6).''.
    (c) Calculation of Amounts.--Section 104(c) of title 23, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``each of fiscal years 2016 through 2020'' and 
                inserting ``fiscal year 2022 and each fiscal year 
                thereafter'';
                    (B) in subparagraph (A)--
                            (i) by striking clause (i) and inserting 
                        the following:
                            ``(i) the base apportionment; by''; and
                            (ii) in clause (ii)(I), by striking 
                        ``fiscal year 2015'' and inserting ``fiscal 
                        year 2021''; and
                    (C) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Guaranteed amounts.--The initial amounts 
                resulting from the calculation under subparagraph (A) 
                shall be adjusted to ensure that each State receives an 
                aggregate apportionment that is--
                            ``(i) equal to at least 95 percent of the 
                        estimated tax payments paid into the Highway 
                        Trust Fund (other than the Mass Transit 
                        Account) in the most recent fiscal year for 
                        which data are available that are--
                                    ``(I) attributable to highway users 
                                in the State; and
                                    ``(II) associated with taxes in 
                                effect on July 1, 2019, and only up to 
                                the rate those taxes were in effect on 
                                that date;
                            ``(ii) at least 2 percent greater than the 
                        apportionment that the State received for 
                        fiscal year 2021; and
                            ``(iii) at least 1 percent greater than the 
                        apportionment that the State received for the 
                        previous fiscal year.''; and
            (2) in paragraph (2)--
                    (A) by striking ``fiscal years 2016 through 2020'' 
                and inserting ``fiscal year 2022 and each fiscal year 
                thereafter''; and
                    (B) by inserting ``the carbon reduction program 
                under section 175, to carry out subsection (c) of the 
                PROTECT program under section 176,'' before ``and to 
                carry out section 134''.
    (d) Metropolitan Planning.--Section 104(d)(1)(A) of title 23, 
United States Code, is amended by striking ``paragraphs (5)(D) and (6) 
of subsection (b)'' each place it appears and inserting ``subsection 
(b)(6)''.
    (e) Supplemental Funds.--Section 104 of title 23, United States 
Code, is amended by striking subsection (h).
    (f) Base Apportionment Defined.--Section 104 of title 23, United 
States Code, is amended--
            (1) by redesignating subsection (i) as subsection (h); and
            (2) in subsection (h) (as so redesignated)--
                    (A) by striking ``means'' in the matter preceding 
                paragraph (1) and all that follows through ``the 
                combined amount'' in paragraph (1) and inserting 
                ``means the combined amount'';
                    (B) by striking ``and to carry out section 134; 
                minus'' and inserting ``the carbon reduction program 
                under section 175, to carry out subsection (c) of the 
                PROTECT program under section 176, and to carry out 
                section 134.''; and
                    (C) by striking paragraph (2).

SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

    Section 119 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) to provide support for activities to increase the 
        resiliency of the National Highway System to mitigate the cost 
        of damages from sea level rise, extreme weather events, 
        flooding, or other natural disasters.'';
            (2) in subsection (d)(2), by adding at the end the 
        following:
                    ``(Q) Undergrounding public utility infrastructure 
                carried out in conjunction with a project otherwise 
                eligible under this section.
                    ``(R) Resiliency improvements on the National 
                Highway System, including protective features described 
                in subsection (k)(2).
                    ``(S) Implement activities to protect segments of 
                the National Highway System from cybersecurity 
                threats.'';
            (3) in subsection (e)(4)(D), by striking ``analysis'' and 
        inserting ``analyses, both of which shall take into 
        consideration extreme weather and resilience''; and
            (4) by adding at the end the following:
    ``(k) Protective Features.--
            ``(1) In general.--A State may use not more than 15 percent 
        of the funds apportioned to the State under section 104(b)(1) 
        for each fiscal year for 1 or more protective features on a 
        Federal-aid highway or bridge not on the National Highway 
        System, if the protective feature is designed to mitigate the 
        risk of recurring damage or the cost of future repairs from 
        extreme weather events, flooding, or other natural disasters.
            ``(2) Protective features described.--A protective feature 
        referred to in paragraph (1) includes--
                    ``(A) raising roadway grades;
                    ``(B) relocating roadways in a base floodplain to 
                higher ground above projected flood elevation levels or 
                away from slide prone areas;
                    ``(C) stabilizing slide areas;
                    ``(D) stabilizing slopes;
                    ``(E) lengthening or raising bridges to increase 
                waterway openings;
                    ``(F) increasing the size or number of drainage 
                structures;
                    ``(G) replacing culverts with bridges or upsizing 
                culverts;
                    ``(H) installing seismic retrofits on bridges;
                    ``(I) adding scour protection at bridges, 
                installing riprap, or adding other scour, stream 
                stability, coastal, or other hydraulic countermeasures, 
                including spur dikes; and
                    ``(J) the use of natural infrastructure to mitigate 
                the risk of recurring damage or the cost of future 
                repair from extreme weather events, flooding, or other 
                natural disasters.
            ``(3) Savings provision.--Nothing in this subsection limits 
        the ability of a State to carry out a project otherwise 
        eligible under subsection (d) using funds apportioned under 
        section 104(b)(1).''.

SEC. 1106. EMERGENCY RELIEF.

    Section 125 of title 23, United States Code, is amended--
            (1) in subsection (a)(1), by inserting ``wildfire,'' after 
        ``severe storm,'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Restriction on Eligibility.--Funds under this section shall 
not be used for the repair or reconstruction of a bridge that has been 
permanently closed to all vehicular traffic by the State or responsible 
local official because of imminent danger of collapse due to a 
structural deficiency or physical deterioration.''; and
            (3) in subsection (d)--
                    (A) in paragraph (2)(A)--
                            (i) by striking the period at the end and 
                        inserting ``; and''
                            (ii) by striking ``a facility that meets 
                        the current'' and inserting the following: ``a 
                        facility that--
                            ``(i) meets the current''; and
                            (iii) by adding at the end the following:
                            ``(ii) incorporates economically 
                        justifiable improvements that will mitigate the 
                        risk of recurring damage from extreme weather, 
                        flooding, and other natural disasters.'';
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (2) the following:
            ``(3) Protective features.--
                    ``(A) In general.--The cost of an improvement that 
                is part of a project under this section shall be an 
                eligible expense under this section if the improvement 
                is a protective feature that will mitigate the risk of 
                recurring damage or the cost of future repair from 
                extreme weather, flooding, and other natural disasters.
                    ``(B) Protective features described.--A protective 
                feature referred to in subparagraph (A) includes--
                            ``(i) raising roadway grades;
                            ``(ii) relocating roadways in a floodplain 
                        to higher ground above projected flood 
                        elevation levels or away from slide prone 
                        areas;
                            ``(iii) stabilizing slide areas;
                            ``(iv) stabilizing slopes;
                            ``(v) lengthening or raising bridges to 
                        increase waterway openings;
                            ``(vi) increasing the size or number of 
                        drainage structures;
                            ``(vii) replacing culverts with bridges or 
                        upsizing culverts;
                            ``(viii) installing seismic retrofits on 
                        bridges;
                            ``(ix) adding scour protection at bridges, 
                        installing riprap, or adding other scour, 
                        stream stability, coastal, or other hydraulic 
                        countermeasures, including spur dikes; and
                            ``(x) the use of natural infrastructure to 
                        mitigate the risk of recurring damage or the 
                        cost of future repair from extreme weather, 
                        flooding, and other natural disasters.''.

SEC. 1107. FEDERAL SHARE PAYABLE.

    Section 120 of title 23, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), in the first sentence, by 
                inserting ``vehicle-to-infrastructure communication 
                equipment,'' after ``breakaway utility poles,'';
                    (B) in subparagraph (3)(B)--
                            (i) in clause (v), by striking ``or'' at 
                        the end;
                            (ii) by redesignating clause (vi) as clause 
                        (vii); and
                            (iii) by inserting after clause (v) the 
                        following:
                            ``(vi) contractual provisions that provide 
                        safety contingency funds to incorporate safety 
                        enhancements to work zones prior to or during 
                        roadway construction activities; or''; and
                    (C) by adding at the end the following:
            ``(4) Pooled funding.--Notwithstanding any other provision 
        of law, the Secretary may waive the non-Federal share of the 
        cost of a project or activity under section 502(b)(6) that is 
        carried out with amounts apportioned under section 104(b)(2) 
        after considering appropriate factors, including whether--
                    ``(A) decreasing or eliminating the non-Federal 
                share would best serve the interests of the Federal-aid 
                highway program; and
                    ``(B) the project or activity addresses national or 
                regional high priority research, development, and 
                technology transfer problems in a manner that would 
                benefit multiple States or metropolitan planning 
                organizations.'';
            (2) in subsection (e)--
                    (A) in paragraph (1), by striking ``180 days'' and 
                inserting ``270 days''; and
                    (B) in paragraph (4), by striking ``permanent''; 
                and
            (3) by adding at the end the following:
    ``(l) Federal Share Flexibility Pilot Program.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of the Surface Transportation Reauthorization 
        Act of 2021, the Secretary shall establish a pilot program 
        (referred to in this subsection as the `pilot program') to give 
        States additional flexibility with respect to the Federal 
        requirements under this section.
            ``(2) Program.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, a State participating in the pilot 
                program (referred to in this subsection as a 
                `participating State') may determine the Federal share 
                on a project, multiple-project, or program basis for 
                projects under any of the following:
                            ``(i) The national highway performance 
                        program under section 119.
                            ``(ii) The surface transportation block 
                        grant program under section 133.
                            ``(iii) The highway safety improvement 
                        program under section 148.
                            ``(iv) The congestion mitigation and air 
                        quality improvement program under section 149.
                            ``(v) The national highway freight program 
                        under section 167.
                            ``(vi) The carbon reduction program under 
                        section 175.
                            ``(vii) Subsection (c) of the PROTECT 
                        program under section 176.
                    ``(B) Requirements.--
                            ``(i) Maximum federal share.--Subject to 
                        clause (iii), the Federal share of the cost of 
                        an individual project carried out under a 
                        program described in subparagraph (A) by a 
                        participating State and to which the 
                        participating State is applying the Federal 
                        share requirements under the pilot program may 
                        be up to 100 percent.
                            ``(ii) Minimum federal share.--No 
                        individual project carried out under a program 
                        described in subparagraph (A) by a 
                        participating State and to which the 
                        participating State is applying the Federal 
                        share requirements under the pilot program 
                        shall have a Federal share of 0 percent.
                            ``(iii) Determination.--The average annual 
                        Federal share of the total cost of all projects 
                        authorized under a program described in 
                        subparagraph (A) to which a participating State 
                        is applying the Federal share requirements 
                        under the pilot program shall be not more than 
                        the average of the maximum Federal share of 
                        those projects if those projects were not 
                        carried out under the pilot program.
                    ``(C) Selection.--
                            ``(i) Application.--A State seeking to be a 
                        participating State shall--
                                    ``(I) submit to the Secretary an 
                                application in such form, at such time, 
                                and containing such information as the 
                                Secretary may require; and
                                    ``(II) have in place adequate 
                                financial controls to allow the State 
                                to determine the average annual Federal 
                                share requirements under the pilot 
                                program.
                            ``(ii) Requirement.--For each of fiscal 
                        years 2022 through 2026, the Secretary shall 
                        select not more than 10 States to be 
                        participating States.''.

SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS.

    (a) In General.--Section 130(e) of title 23, United States Code, is 
amended--
            (1) in the heading, by striking ``Protective Devices'' and 
        inserting ``Railway-Highway Grade Crossings''; and
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``and the 
                installation of protective devices at railway-highway 
                crossings'' in the matter preceding clause (i) and all 
                that follows through ``2020.'' in clause (v) and 
                inserting the following: ``, the installation of 
                protective devices at railway-highway crossings, the 
                replacement of functionally obsolete warning devices, 
                and as described in subparagraph (B), not less than 
                $245,000,000 for each of fiscal years 2022 through 
                2026.''; and
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Reducing trespassing fatalities and 
                injuries.--A State may use funds set aside under 
                subparagraph (A) for projects to reduce pedestrian 
                fatalities and injuries from trespassing at grade 
                crossings.''.
    (b) Federal Share.--Section 130(f)(3) of title 23, United States 
Code, is amended by striking ``90 percent'' and inserting ``100 
percent''.
    (c) Incentive Payments for At-grade Crossing Closures.--Section 
130(i)(3)(B) of title 23, United States Code, is amended by striking 
``$7,500'' and inserting ``$100,000''.
    (d) Expenditure of Funds.--Section 130(k) of title 23, United 
States Code, is amended by striking ``2 percent'' and inserting ``8 
percent''.
    (e) GAO Study.--Not later than 3 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report that includes an analysis of the effectiveness of 
the railway-highway crossings program under section 130 of title 23, 
United States Code.
    (f) Sense of Congress Relating to Trespasser Deaths Along Railroad 
Rights-of-way.--It is the sense of Congress that the Department should, 
where feasible, coordinate departmental efforts to prevent or reduce 
trespasser deaths along railroad rights-of-way and at or near railway-
highway crossings.

SEC. 1109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.

    (a) In General.--Section 133 of title 23, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B)--
                                    (I) by adding ``or'' at the end;
                                    (II) by striking ``facilities 
                                eligible'' and inserting the following: 
                                ``facilities--
                            ``(i) that are eligible''; and
                                    (III) by adding at the end the 
                                following:
                            ``(ii) that are privately or majority-
                        privately owned, but that the Secretary 
                        determines provide a substantial public 
                        transportation benefit or otherwise meet the 
                        foremost needs of the surface transportation 
                        system described in section 101(b)(3)(D);'';
                            (ii) in subparagraph (E), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (F), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(G) wildlife crossing structures.'';
                    (B) in paragraph (3), by inserting 
                ``148(a)(4)(B)(xvii),'' after ``119(g),'';
                    (C) by redesignating paragraphs (4) through (15) as 
                paragraphs (5), (6), (7), (8), (9), (10), (11), (12), 
                (13), (20), (21), and (22), respectively;
                    (D) in paragraph (5) (as so redesignated), by 
                striking ``railway-highway grade crossings'' and 
                inserting ``projects eligible under section 130 and 
                installation of safety barriers and nets on bridges'';
                    (E) in paragraph (7) (as so redesignated)--
                            (i) by inserting ``including the 
                        maintenance and restoration of existing 
                        recreational trails,'' after ``section 206''; 
                        and
                            (ii) by striking ``the safe routes to 
                        school program under section 1404 of SAFETEA-LU 
                        (23 U.S.C. 402 note)'' and inserting ``the safe 
                        routes to school program under section 208'';
                    (F) by inserting after paragraph (13) (as so 
                redesignated) the following:
            ``(14) Projects and strategies designed to reduce the 
        number of wildlife-vehicle collisions, including project-
        related planning, design, construction, monitoring, and 
        preventative maintenance.
            ``(15) The installation of electric vehicle charging 
        infrastructure and vehicle-to-grid infrastructure.
            ``(16) The installation and deployment of current and 
        emerging intelligent transportation technologies, including the 
        ability of vehicles to communicate with infrastructure, 
        buildings, and other road users.
            ``(17) Planning and construction of projects that 
        facilitate intermodal connections between emerging 
        transportation technologies, such as magnetic levitation and 
        hyperloop.
            ``(18) Protective features, including natural 
        infrastructure, to enhance the resilience of a transportation 
        facility otherwise eligible for assistance under this section.
            ``(19) Measures to protect a transportation facility 
        otherwise eligible for assistance under this section from 
        cybersecurity threats.''; and
                    (G) by adding at the end the following:
            ``(23) Rural barge landing, dock, and waterfront 
        infrastructure projects in accordance with subsection (j).
            ``(24) Projects to enhance travel and tourism.'';
            (2) in subsection (c)--
                    (A) in paragraph (2), by striking ``paragraphs (4) 
                through (11)'' and inserting ``paragraphs (5) through 
                (15) and paragraph (23)'';
                    (B) in paragraph (3), by striking ``and'' at the 
                end;
                    (C) by redesignating paragraph (4) as paragraph 
                (5); and
                    (D) by inserting after paragraph (3) the following:
            ``(4) for a bridge project for the replacement of a low 
        water crossing (as defined by the Secretary) with a bridge; 
        and'';
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``reservation'' and inserting 
                        ``set aside''; and
                            (ii) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``the percentage 
                                specified in paragraph (6) for a fiscal 
                                year'' and inserting ``55 percent for 
                                each of fiscal years 2022 through 
                                2026''; and
                                    (II) by striking clauses (ii) and 
                                (iii) and inserting the following:
                            ``(ii) in urbanized areas of the State with 
                        an urbanized area population of not less than 
                        50,000 and not more than 200,000;
                            ``(iii) in urban areas of the State with a 
                        population not less than 5,000 and not more 
                        than 49,999; and
                            ``(iv) in other areas of the State with a 
                        population less than 5,000; and'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Local consultation.--
                    ``(A) Consultation with metropolitan planning 
                organizations.--For purposes of clause (ii) of 
                paragraph (1)(A), a State shall--
                            ``(i) establish a process to consult with 
                        all metropolitan planning organizations in the 
                        State that represent an urbanized area 
                        described in that clause; and
                            ``(ii) describe how funds allocated for 
                        areas described in that clause will be 
                        allocated equitably among the applicable 
                        urbanized areas during the period of fiscal 
                        years 2022 through 2026.
                    ``(B) Consultation with regional transportation 
                planning organizations.--For purposes of clauses (iii) 
                and (iv) of paragraph (1)(A), before obligating funding 
                attributed to an area with a population less than 
                50,000, a State shall consult with the regional 
                transportation planning organizations that represent 
                the area, if any.''; and
                    (C) by striking paragraph (6);
            (4) in subsection (e)(1), in the matter preceding 
        subparagraph (A), by striking ``fiscal years 2016 through 
        2020'' and inserting ``fiscal years 2022 through 2026'';
            (5) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) by inserting ``or low water crossing 
                        (as defined by the Secretary)'' after ``a 
                        highway bridge''; and
                            (ii) by inserting ``or low water crossing 
                        (as defined by the Secretary)'' after ``other 
                        than a bridge'';
                    (B) in paragraph (2)(A)--
                            (i) by striking ``activities described in 
                        subsection (b)(2) for off-system bridges'' and 
                        inserting ``activities described in paragraphs 
                        (1)(A) and (10) of subsection (b) for off-
                        system bridges, projects and activities 
                        described in subsection (b)(1)(A) for the 
                        replacement of low water crossings with 
                        bridges, and projects and activities described 
                        in subsection (b)(10) for low water crossings 
                        (as defined by the Secretary),''; and
                            (ii) by striking ``15 percent'' and 
                        inserting ``20 percent''; and
                    (C) in paragraph (3), in the matter preceding 
                subparagraph (A)--
                            (i) by striking ``bridge or rehabilitation 
                        of a bridge'' and inserting ``bridge, 
                        rehabilitation of a bridge, or replacement of a 
                        low water crossing (as defined by the 
                        Secretary) with a bridge''; and
                            (ii) by inserting ``or, in the case of a 
                        replacement of a low water crossing with a 
                        bridge, is determined by the Secretary on 
                        completion to have improved the safety of the 
                        location'' after ``no longer a deficient 
                        bridge'';
            (6) in subsection (g)--
                    (A) in the subsection heading, by striking ``Less 
                Than 5,000'' and inserting ``Less Than 50,000''; and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--Notwithstanding subsection (c), and 
        except as provided in paragraph (2), up to 15 percent of the 
        amounts required to be obligated by a State under clauses (iii) 
        and (iv) of subsection (d)(1)(A) for each fiscal year may be 
        obligated on--
                    ``(A) roads functionally classified as rural minor 
                collectors or local roads; or
                    ``(B) on critical rural freight corridors 
                designated under section 167(e).''; and
            (7) by adding at the end the following:
    ``(j) Rural Barge Landing, Dock, and Waterfront Infrastructure 
Projects.--
            ``(1) In general.--A State may use not more than 5 percent 
        of the funds apportioned to the State under section 104(b)(2) 
        for eligible rural barge landing, dock, and waterfront 
        infrastructure projects described in paragraph (2).
            ``(2) Eligible projects.--An eligible rural barge landing, 
        dock, or waterfront infrastructure project referred to in 
        paragraph (1) is a project for the planning, designing, 
        engineering, or construction of a barge landing, dock, or other 
        waterfront infrastructure in a rural community or a Native 
        village (as defined in section 3 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602)) that is off the road system.
    ``(k) Projects in Rural Areas.--
            ``(1) Set aside.--Notwithstanding subsection (c), in 
        addition to the activities described in subsections (b) and 
        (g), of the amounts apportioned to a State for each fiscal year 
        to carry out this section, not more than 15 percent may be--
                    ``(A) used on eligible projects under subsection 
                (b) or maintenance activities on roads functionally 
                classified as rural minor collectors or local roads, 
                ice roads, or seasonal roads; or
                    ``(B) transferred to--
                            ``(i) the Appalachian Highway System 
                        Program under 14501 of title 40; or
                            ``(ii) the Denali access system program 
                        under section 309 of the Denali Commission Act 
                        of 1998 (42 U.S.C. 3121 note; Public Law 105-
                        277).
            ``(2) Savings clause.--Amounts allocated under subsection 
        (d) shall not be used to carry out this subsection, except at 
        the request of the applicable metropolitan planning 
        organization.''.
    (b) Set-aside.--
            (1) In general.--Section 133(h) of title 23, United States 
        Code, is amended--
                    (A) in paragraph (1)--
                            (i) in the heading, by striking 
                        ``Reservation of funds'' and inserting ``In 
                        general''; and
                            (ii) in the matter preceding subparagraph 
                        (A), by striking ``for each fiscal year'' and 
                        all that follows through ``and'' at the end of 
                        subparagraph (A)(ii) and inserting the 
                        following: ``for fiscal year 2022 and each 
                        fiscal year thereafter--
                    ``(A) the Secretary shall set aside an amount equal 
                to 10 percent to carry out this subsection; and'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Allocation within a state.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), funds set aside for a State under 
                paragraph (1) shall be obligated within that State in 
                the manner described in subsection (d), except that, 
                for purposes of this paragraph (after funds are made 
                available under paragraph (5))--
                            ``(i) for fiscal year 2022 and each fiscal 
                        year thereafter, the percentage referred to in 
                        paragraph (1)(A) of that subsection shall be 
                        deemed to be 59 percent; and
                            ``(ii) paragraph (3) of subsection (d) 
                        shall not apply.
                    ``(B) Local control.--A State may allocate up to 
                100 percent of the funds referred to in subparagraph 
                (A)(i) if--
                            ``(i) the State submits to the Secretary a 
                        plan that describes--
                                    ``(I) how funds will be allocated 
                                to counties, metropolitan planning 
                                organizations, regional transportation 
                                planning organizations as described in 
                                section 135(m), or local governments;
                                    ``(II) how the entities described 
                                in subclause (I) will carry out a 
                                competitive process to select projects 
                                for funding and report selected 
                                projects to the State;
                                    ``(III) the legal, financial, and 
                                technical capacity of the entities 
                                described in subclause (I);
                                    ``(IV) how input was gathered from 
                                the entities described in subclause (I) 
                                to ensure those entities will be able 
                                to comply with the requirements of this 
                                subsection; and
                                    ``(V) how the State will comply 
                                with paragraph (8); and
                            ``(ii) the Secretary approves the plan 
                        submitted under clause (i).'';
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) Eligible projects.--Funds set aside under this 
        subsection may be obligated for--
                    ``(A) projects or activities described in section 
                101(a)(29) or 213, as those provisions were in effect 
                on the day before the date of enactment of the FAST Act 
                (Public Law 114-94; 129 Stat. 1312);
                    ``(B) projects and activities under the safe routes 
                to school program under section 208; and
                    ``(C) activities in furtherance of a vulnerable 
                road user safety assessment (as defined in section 
                148(a)).'';
                    (D) in paragraph (4)--
                            (i) by striking subparagraph (A);
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (A);
                            (iii) in subparagraph (A) (as so 
                        redesignated)--
                                    (I) by redesignating clauses (vii) 
                                and (viii) as clauses (viii) and (ix), 
                                respectively;
                                    (II) by inserting after clause (vi) 
                                the following:
                            ``(vii) a metropolitan planning 
                        organization that serves an urbanized area with 
                        a population of 200,000 or fewer;'';
                                    (III) in clause (viii) (as so 
                                redesignated), by striking 
                                ``responsible'' and all that follows 
                                through ``programs; and'' and inserting 
                                a semicolon;
                                    (IV) in clause (ix) (as so 
                                redesignated)--
                                            (aa) by inserting ``that 
                                        serves an urbanized area with a 
                                        population of over 200,000'' 
                                        after ``metropolitan planning 
                                        organization''; and
                                            (bb) by striking the period 
                                        at the end and inserting ``; 
                                        and''; and
                                    (V) by adding at the end the 
                                following:
                            ``(x) a State, at the request of an entity 
                        described in clauses (i) through (ix).''; and
                            (iv) by adding at the end the following:
                    ``(B) Competitive process.--A State or metropolitan 
                planning organization required to obligate funds in 
                accordance with paragraph (2) shall develop a 
                competitive process to allow eligible entities to 
                submit projects for funding that achieve the objectives 
                of this subsection.
                    ``(C) Selection.--A metropolitan planning 
                organization for an area described in subsection 
                (d)(1)(A)(i) shall select projects under the 
                competitive process described in subparagraph (B) in 
                consultation with the relevant State.
                    ``(D) Prioritization.--The competitive process 
                described in subparagraph (B) shall include 
                prioritization of project location and impact in high-
                need areas as defined by the State, such as low-income, 
                transit-dependent, rural, or other areas.'';
                    (E) in paragraph (5)(A), by striking ``reserved 
                under this section'' and inserting ``set aside under 
                this subsection'';
                    (F) in paragraph (6)--
                            (i) in subparagraph (B), by striking 
                        ``reserved'' and inserting ``set aside''; and
                            (ii) by adding at the end the following:
                    ``(C) Improving accessibility and efficiency.--
                            ``(i) In general.--A State may use an 
                        amount equal to not more than 5 percent of the 
                        funds set aside for the State under this 
                        subsection, after allocating funds in 
                        accordance with paragraph (2)(A), to improve 
                        the ability of applicants to access funding for 
                        projects under this subsection in an efficient 
                        and expeditious manner by providing--
                                    ``(I) to applicants for projects 
                                under this subsection application 
                                assistance, technical assistance, and 
                                assistance in reducing the period of 
                                time between the selection of the 
                                project and the obligation of funds for 
                                the project; and
                                    ``(II) funding for 1 or more full-
                                time State employee positions to 
                                administer this subsection.
                            ``(ii) Use of funds.--Amounts used under 
                        clause (i) may be expended--
                                    ``(I) directly by the State; or
                                    ``(II) through contracts with State 
                                agencies, private entities, or 
                                nonprofit entities.'';
                    (G) by redesignating paragraph (7) as paragraph 
                (8);
                    (H) by inserting after paragraph (6) the following:
            ``(7) Federal share.--
                    ``(A) Required aggregate non-federal share.--The 
                average annual non-Federal share of the total cost of 
                all projects for which funds are obligated under this 
                subsection in a State for a fiscal year shall be not 
                less than the average non-Federal share of the cost of 
                the projects that would otherwise apply.
                    ``(B) Flexible financing.--Subject to subparagraph 
                (A), notwithstanding section 120--
                            ``(i) funds made available to carry out 
                        section 148 may be credited toward the non-
                        Federal share of the costs of a project under 
                        this subsection if the project--
                                    ``(I) is an eligible project 
                                described in section 148(e)(1); and
                                    ``(II) is consistent with the State 
                                strategic highway safety plan (as 
                                defined in section 148(a));
                            ``(ii) the non-Federal share for a project 
                        under this subsection may be calculated on a 
                        project, multiple-project, or program basis; 
                        and
                            ``(iii) the Federal share of the cost of an 
                        individual project in this section may be up to 
                        100 percent.
                    ``(C) Requirement.--Subparagraph (B) shall only 
                apply to a State if the State has adequate financial 
                controls, as certified by the Secretary, to account for 
                the average annual non-Federal share under this 
                paragraph.''; and
                    (I) in subparagraph (A) of paragraph (8) (as so 
                redesignated)--
                            (i) in the matter preceding clause (i), by 
                        striking ``describes'' and inserting 
                        ``includes''; and
                            (ii) by striking clause (ii) and inserting 
                        the following:
                            ``(ii) a list of each project selected for 
                        funding for each fiscal year, including, for 
                        each project--
                                    ``(I) the fiscal year during which 
                                the project was selected;
                                    ``(II) the fiscal year in which the 
                                project is anticipated to be funded;
                                    ``(III) the recipient;
                                    ``(IV) the location, including the 
                                congressional district;
                                    ``(V) the type;
                                    ``(VI) the cost; and
                                    ``(VII) a brief description.''.
            (2) State transferability.--Section 126(b)(2) of title 23, 
        United States Code, is amended--
                    (A) by striking the period at the end and inserting 
                ``; and'';
                    (B) by striking ``reserved for a State under 
                section 133(h) for a fiscal year may'' and inserting 
                the following: ``set aside for a State under section 
                133(h) for a fiscal year--
                    ``(A) may''; and
                    (C) by adding at the end the following:
                    ``(B) may only be transferred if the Secretary 
                certifies that the State--
                            ``(i) held a competition in compliance with 
                        the guidance issued to carry out section 133(h) 
                        and provided sufficient time for applicants to 
                        apply;
                            ``(ii) offered to each eligible entity, and 
                        provided on request of an eligible entity, 
                        technical assistance; and
                            ``(iii) demonstrates that there were not 
                        sufficiently suitable applications from 
                        eligible entities to use the funds to be 
                        transferred.''.

SEC. 1110. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.

    (a) In General.--Section 117 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (A), by inserting ``in and 
                across rural and urban areas'' after ``people''; and
                    (B) in subparagraph (F), by inserting ``, including 
                highways that support movement of energy equipment'' 
                after ``security'';
            (2) in subsection (b), by adding at the end the following:
            ``(3) Grant administration.--The Secretary may--
                    ``(A) retain not more than a total of 2 percent of 
                the funds made available to carry out this section for 
                the National Surface Transportation and Innovative 
                Finance Bureau to review applications for grants under 
                this section; and
                    ``(B) transfer portions of the funds retained under 
                subparagraph (A) to the relevant Administrators to fund 
                the award and oversight of grants provided under this 
                section.'';
            (3) in subsection (c)(1)--
                    (A) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (B) by inserting after subparagraph (G) the 
                following:
                    ``(H) A multistate corridor organization.'';
            (4) in subsection (d)--
                    (A) in paragraph (1)(A)--
                            (i) in clause (iii)(II), by striking ``or'' 
                        at the end;
                            (ii) in clause (iv), by striking ``and'' at 
                        the end; and
                            (iii) by adding at the end the following:
                            ``(v) a wildlife crossing project;
                            ``(vi) a surface transportation 
                        infrastructure project that--
                                    ``(I) is located within the 
                                boundaries of or functionally connected 
                                to an international border crossing 
                                area in the United States;
                                    ``(II) improves a transportation 
                                facility owned by a Federal, State, or 
                                local government entity; and
                                    ``(III) increases throughput 
                                efficiency of the border crossing 
                                described in subclause (I), including--
                                            ``(aa) a project to add 
                                        lanes;
                                            ``(bb) a project to add 
                                        technology; and
                                            ``(cc) other surface 
                                        transportation improvements; or
                            ``(vii) a project for a marine highway 
                        corridor designated by the Secretary under 
                        section 55601(c) of title 46 (including an 
                        inland waterway corridor), if the Secretary 
                        determines that the project--
                                    ``(I) is functionally connected to 
                                the National Highway Freight Network; 
                                and
                                    ``(II) is likely to reduce on-road 
                                mobile source emissions; and''; and
                    (B) in paragraph (2)(A), in the matter preceding 
                clause (i)--
                            (i) by striking ``$500,000,000'' and 
                        inserting ``30 percent''; and
                            (ii) by striking ``fiscal years 2016 
                        through 2020, in the aggregate,'' and inserting 
                        ``each of fiscal years 2022 through 2026''; and
            (5) in subsection (e)--
                    (A) in paragraph (1), by striking ``10 percent'' 
                and inserting ``not less than 15 percent'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(C) the effect of the proposed project on safety 
                on freight corridors with significant hazards, such as 
                high winds, heavy snowfall, flooding, rockslides, 
                mudslides, wildfire, wildlife crossing onto the 
                roadway, or steep grades.''; and
                    (C) by adding at the end the following:
            ``(4) Requirement.--Of the amounts reserved under paragraph 
        (1), not less than 30 percent shall be used for projects in 
        rural areas (as defined in subsection (i)(3)).'';
            (6) in subsection (h)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(4) enhancement of freight resilience to natural hazards 
        or disasters, including high winds, heavy snowfall, flooding, 
        rockslides, mudslides, wildfire, wildlife crossing onto the 
        roadway, or steep grades;
            ``(5) whether the project will improve the shared 
        transportation corridor of a multistate corridor organization, 
        if applicable; and
            ``(6) prioritizing projects located in States in which 
        neither the State nor an eligible entity in that State has been 
        awarded a grant under this section.'';
            (7) in subsection (i)(2), by striking ``other grants under 
        this section'' and inserting ``grants under subsection (e)'';
            (8) in subsection (j)--
                    (A) by striking the subsection designation and 
                heading and all that follows through ``The Federal 
                share'' in paragraph (1) and inserting the following:
    ``(j) Federal Assistance.--
            ``(1) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) or for a grant under subsection (q), 
                the Federal share'';
                    (B) in paragraph (1), by adding at the end the 
                following:
                    ``(B) Small projects.--In the case of a project 
                described in subsection (e)(1), the Federal share of 
                the cost of the project shall be 80 percent.''; and
                    (C) in paragraph (2)--
                            (i) by striking ``Federal assistance 
                        other'' and inserting ``Except for grants under 
                        subsection (q), Federal assistance other''; and
                            (ii) by striking ``except that the total 
                        Federal'' and inserting the following: ``except 
                        that--
                    ``(A) for a State with a population density of not 
                more than 80 persons per square mile of land area, 
                based on the 2010 census, the maximum share of the 
                total Federal assistance provided for a project 
                receiving a grant under this section shall be the 
                applicable share under section 120(b); and
                    ``(B) for a State not described in subparagraph 
                (A), the total Federal'';
            (9) by redesignating subsections (k) through (n) as 
        subsections (l), (m), (n), and (p), respectively;
            (10) by inserting after subsection (j) the following:
    ``(k) Efficient Use of Non-Federal Funds.--
            ``(1) In general.--Notwithstanding any other provision of 
        law and subject to approval by the Secretary under paragraph 
        (2)(B), in the case of any grant for a project under this 
        section, during the period beginning on the date on which the 
        grant recipient is selected and ending on the date on which the 
        grant agreement is signed--
                    ``(A) the grant recipient may obligate and expend 
                non-Federal funds with respect to the project for which 
                the grant is provided; and
                    ``(B) any non-Federal funds obligated or expended 
                in accordance with subparagraph (A) shall be credited 
                toward the non-Federal cost share for the project for 
                which the grant is provided.
            ``(2) Requirements.--
                    ``(A) Application.--In order to obligate and expend 
                non-Federal funds under paragraph (1), the grant 
                recipient shall submit to the Secretary a request to 
                obligate and expend non-Federal funds under that 
                paragraph, including--
                            ``(i) a description of the activities the 
                        grant recipient intends to fund;
                            ``(ii) a justification for advancing the 
                        activities described in clause (i), including 
                        an assessment of the effects to the project 
                        scope, schedule, and budget if the request is 
                        not approved; and
                            ``(iii) the level of risk of the activities 
                        described in clause (i).
                    ``(B) Approval.--The Secretary shall approve or 
                disapprove each request submitted under subparagraph 
                (A).
                    ``(C) Compliance with applicable requirements.--Any 
                non-Federal funds obligated or expended under paragraph 
                (1) shall comply with all applicable requirements, 
                including any requirements included in the grant 
                agreement.
            ``(3) Effect.--The obligation or expenditure of any non-
        Federal funds in accordance with this subsection shall not--
                    ``(A) affect the signing of a grant agreement or 
                other applicable grant procedures with respect to the 
                applicable grant;
                    ``(B) create an obligation on the part of the 
                Federal Government to repay any non-Federal funds if 
                the grant agreement is not signed; or
                    ``(C) affect the ability of the recipient of the 
                grant to obligate or expend non-Federal funds to meet 
                the non-Federal cost share for the project for which 
                the grant is provided after the period described in 
                paragraph (1).'';
            (11) by inserting after subsection (n) (as so redesignated) 
        the following:
    ``(o) Applicant Notification.--
            ``(1) In general.--Not later than 60 days after the date on 
        which a grant recipient for a project under this section is 
        selected, the Secretary shall provide to each eligible 
        applicant not selected for that grant a written notification 
        that the eligible applicant was not selected.
            ``(2) Inclusion.--A written notification under paragraph 
        (1) shall include an offer for a written or telephonic debrief 
        by the Secretary that will provide--
                    ``(A) detail on the evaluation of the application 
                of the eligible applicant; and
                    ``(B) an explanation of and guidance on the reasons 
                the application was not selected for a grant under this 
                section.
            ``(3) Response.--
                    ``(A) In general.--Not later than 30 days after the 
                eligible applicant receives a written notification 
                under paragraph (1), if the eligible applicant opts to 
                receive a debrief described in paragraph (2), the 
                eligible applicant shall notify the Secretary that the 
                eligible applicant is requesting a debrief.
                    ``(B) Debrief.--If the eligible applicant submits a 
                request for a debrief under subparagraph (A), the 
                Secretary shall provide the debrief by not later than 
                60 days after the date on which the Secretary receives 
                the request for a debrief.''; and
            (12) by striking subsection (p) (as so redesignated) and 
        inserting the following:
    ``(p) Reports.--
            ``(1) Annual report.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, not later than 30 days after the date 
                on which the Secretary selects a project for funding 
                under this section, the Secretary shall submit to the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives a report that describes 
                the reasons for selecting the project, based on any 
                criteria established by the Secretary in accordance 
                with this section.
                    ``(B) Inclusions.--The report submitted under 
                subparagraph (A) shall specify each criterion 
                established by the Secretary that the project meets.
                    ``(C) Availability.--The Secretary shall make 
                available on the website of the Department of 
                Transportation the report submitted under subparagraph 
                (A).
                    ``(D) Applicability.--This paragraph applies to all 
                projects described in subparagraph (A) that the 
                Secretary selects on or after October 1, 2021.
            ``(2) Comptroller general.--
                    ``(A) Assessment.--The Comptroller General of the 
                United States shall conduct an assessment of the 
                establishment, solicitation, selection, and 
                justification process with respect to the funding of 
                projects under this section.
                    ``(B) Report.--Not later than 1 year after the date 
                of enactment of the Surface Transportation 
                Reauthorization Act of 2021 and annually thereafter, 
                the Comptroller General of the United States shall 
                submit to the Committee on Environment and Public Works 
                of the Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives a report 
                that describes, for each project selected to receive 
                funding under this section--
                            ``(i) the process by which each project was 
                        selected;
                            ``(ii) the factors that went into the 
                        selection of each project; and
                            ``(iii) the justification for the selection 
                        of each project based on any criteria 
                        established by the Secretary in accordance with 
                        this section.
            ``(3) Inspector general.--Not later than 1 year after the 
        date of enactment of the Surface Transportation Reauthorization 
        Act of 2021 and annually thereafter, the Inspector General of 
        the Department of Transportation shall--
                    ``(A) conduct an assessment of the establishment, 
                solicitation, selection, and justification process with 
                respect to the funding of projects under this section; 
                and
                    ``(B) submit to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a final report that describes the 
                findings of the Inspector General of the Department of 
                Transportation with respect to the assessment conducted 
                under subparagraph (A).
    ``(q) State Incentives Pilot Program.--
            ``(1) Establishment.--There is established a pilot program 
        to award grants to eligible applicants for projects eligible 
        for grants under this section (referred to in this subsection 
        as the `pilot program').
            ``(2) Priority.--In awarding grants under the pilot 
        program, the Secretary shall give priority to an application 
        that offers a greater non-Federal share of the cost of a 
        project relative to other applications under the pilot program.
            ``(3) Federal share.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Federal share of the cost of a 
                project assisted with a grant under the pilot program 
                may not exceed 50 percent.
                    ``(B) No federal involvement.--
                            ``(i) In general.--For grants awarded under 
                        the pilot program, except as provided in clause 
                        (ii), an eligible applicant may not use Federal 
                        assistance to satisfy the non-Federal share of 
                        the cost under subparagraph (A).
                            ``(ii) Exception.--An eligible applicant 
                        may use funds from a secured loan (as defined 
                        in section 601(a)) to satisfy the non-Federal 
                        share of the cost under subparagraph (A) if the 
                        loan is repayable from non-Federal funds.
            ``(4) Reservation.--
                    ``(A) In general.--Of the amounts made available to 
                provide grants under this section, the Secretary shall 
                reserve for each fiscal year $150,000,000 to provide 
                grants under the pilot program.
                    ``(B) Unutilized amounts.--In any fiscal year 
                during which applications under this subsection are 
                insufficient to effect an award or allocation of the 
                entire amount reserved under subparagraph (A), the 
                Secretary shall use the unutilized amounts to provide 
                other grants under this section.
            ``(5) Set-asides.--
                    ``(A) Small projects.--
                            ``(i) In general.--Of the amounts reserved 
                        under paragraph (4)(A), the Secretary shall 
                        reserve for each fiscal year not less than 10 
                        percent for projects eligible for a grant under 
                        subsection (e).
                            ``(ii) Requirement.--For a grant awarded 
                        from the amount reserved under clause (i)--
                                    ``(I) the requirements of 
                                subsection (e) shall apply; and
                                    ``(II) the requirements of 
                                subsection (g) shall not apply.
                    ``(B) Rural projects.--
                            ``(i) In general.--Of the amounts reserved 
                        under paragraph (4)(A), the Secretary shall 
                        reserve for each fiscal year not less than 25 
                        percent for projects eligible for a grant under 
                        subsection (i).
                            ``(ii) Requirement.--For a grant awarded 
                        from the amount reserved under clause (i), the 
                        requirements of subsection (i) shall apply.
            ``(6) Report to congress.--Not later than 2 years after the 
        date of enactment of this subsection, the Secretary shall 
        submit to the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report that describes the 
        administration of the pilot program, including--
                    ``(A) the number, types, and locations of eligible 
                applicants that have applied for grants under the pilot 
                program;
                    ``(B) the number, types, and locations of grant 
                recipients under the pilot program;
                    ``(C) an assessment of whether implementation of 
                the pilot program has incentivized eligible applicants 
                to offer a greater non-Federal share for grants under 
                the pilot program; and
                    ``(D) any recommendations for modifications to the 
                pilot program.
    ``(r) Multistate Corridor Organization Defined.--For purposes of 
this section, the term `multistate corridor organization' means an 
organization of a group of States developed through cooperative 
agreements, coalitions, or other arrangements to promote regional 
cooperation, planning, and shared project implementation for programs 
and projects to improve transportation system management and operations 
for a shared transportation corridor.''.
    (b) Efficient Use of Non-Federal Funds.--
            (1) In general.--Notwithstanding any other provision of 
        law, in the case of a grant described in paragraph (2), section 
        117(k) of title 23, United States Code, shall apply to the 
        grant as if the grant was a grant provided under that section.
            (2) Grant described.--A grant referred to in paragraph (1) 
        is a grant that is--
                    (A) provided under a competitive discretionary 
                grant program administered by the Federal Highway 
                Administration;
                    (B) for a project eligible under title 23, United 
                States Code; and
                    (C) in an amount greater than $5,000,000.

SEC. 1111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) In General.--Section 148 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)(B)--
                            (i) in clause (i), by inserting ``that 
                        provides for the safety of all road users, as 
                        appropriate, including a multimodal 
                        roundabout'' after ``improvement'';
                            (ii) in clause (vi), by inserting ``or a 
                        grade separation project'' after ``devices'';
                            (iii) by striking clause (viii) and 
                        inserting the following:
                            ``(viii) Construction or installation of 
                        features, measures, and road designs to calm 
                        traffic and reduce vehicle speeds.'';
                            (iv) by striking clause (xxvi) and 
                        inserting the following:
                            ``(xxvi) Installation or upgrades of 
                        traffic control devices for pedestrians and 
                        bicyclists, including pedestrian hybrid beacons 
                        and the addition of bicycle movement phases to 
                        traffic signals.''; and
                            (v) by striking clauses (xxvii) and 
                        (xxviii) and inserting the following:
                            ``(xxvii) Roadway improvements that provide 
                        separation between pedestrians and motor 
                        vehicles or between bicyclists and motor 
                        vehicles, including medians, pedestrian 
                        crossing islands, protected bike lanes, and 
                        protected intersection features.
                            ``(xxviii) A pedestrian security feature 
                        designed to slow or stop a motor vehicle.
                            ``(xxix) A physical infrastructure safety 
                        project not described in clauses (i) through 
                        (xxviii).'';
                    (B) by redesignating paragraphs (9) through (12) as 
                paragraphs (10), (12), (13), and (14), respectively;
                    (C) by inserting after paragraph (8) the following:
            ``(9) Safe system approach.--The term `safe system 
        approach' means a roadway design--
                    ``(A) that emphasizes minimizing the risk of injury 
                or fatality to road users; and
                    ``(B) that--
                            ``(i) takes into consideration the 
                        possibility and likelihood of human error;
                            ``(ii) accommodates human injury tolerance 
                        by taking into consideration likely accident 
                        types, resulting impact forces, and the ability 
                        of the human body to withstand impact forces; 
                        and
                            ``(iii) takes into consideration vulnerable 
                        road users.'';
                    (D) by inserting after paragraph (10) (as so 
                redesignated) the following:
            ``(11) Specified safety project.--
                    ``(A) In general.--The term `specified safety 
                project' means a project carried out for the purpose of 
                safety under any other section of this title that is 
                consistent with the State strategic highway safety 
                plan.
                    ``(B) Inclusion.--The term `specified safety 
                project' includes a project that--
                            ``(i) promotes public awareness and informs 
                        the public regarding highway safety matters 
                        (including safety for motorcyclists, 
                        bicyclists, pedestrians, individuals with 
                        disabilities, and other road users);
                            ``(ii) facilitates enforcement of traffic 
                        safety laws;
                            ``(iii) provides infrastructure and 
                        infrastructure-related equipment to support 
                        emergency services;
                            ``(iv) conducts safety-related research to 
                        evaluate experimental safety countermeasures or 
                        equipment; or
                            ``(v) supports safe routes to school 
                        noninfrastructure-related activities described 
                        in section 208(g)(2).'';
                    (E) in paragraph (13) (as so redesignated)--
                            (i) by redesignating subparagraphs (G), 
                        (H), and (I) as subparagraphs (H), (I), and 
                        (J), respectively; and
                            (ii) by inserting after subparagraph (F) 
                        the following;
                    ``(G) includes a vulnerable road user safety 
                assessment;''; and
                    (F) by adding at the end the following:
            ``(15) Vulnerable road user.--The term `vulnerable road 
        user' means a nonmotorist--
                    ``(A) with a fatality analysis reporting system 
                person attribute code that is included in the 
                definition of the term `number of non-motorized 
                fatalities' in section 490.205 of title 23, Code of 
                Federal Regulations (or successor regulations); or
                    ``(B) described in the term `number of non-
                motorized serious injuries' in that section.
            ``(16) Vulnerable road user safety assessment.--The term 
        `vulnerable road user safety assessment' means an assessment of 
        the safety performance of the State with respect to vulnerable 
        road users and the plan of the State to improve the safety of 
        vulnerable road users as described in subsection (l).'';
            (2) in subsection (c)--
                    (A) in paragraph (1)(A), by striking ``subsections 
                (a)(11)'' and inserting ``subsections (a)(13)''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)(vi), by inserting 
                        ``and to differentiate the safety data for 
                        vulnerable road users, including bicyclists, 
                        motorcyclists, and pedestrians, from other road 
                        users'' after ``crashes'';
                            (ii) in subparagraph (B)(i), by striking 
                        ``(including motorcyclists), bicyclists, 
                        pedestrians,'' and inserting ``, vulnerable 
                        road users (including motorcyclists, 
                        bicyclists, pedestrians),''; and
                            (iii) in subparagraph (D)--
                                    (I) in clause (iv), by striking 
                                ``and'' at the end;
                                    (II) in clause (v), by striking the 
                                semicolon at the end and inserting ``; 
                                and''; and
                                    (III) by adding at the end the 
                                following:
                            ``(vi) improves the ability of the State to 
                        differentiate the fatalities and serious 
                        injuries of vulnerable road users, including 
                        bicyclists, motorcyclists, and pedestrians, 
                        from other road users;'';
            (3) in subsection (d)(2)(B)(i), by striking ``subsection 
        (a)(11)'' and inserting ``subsection (a)(13)'';
            (4) in subsection (e), by adding at the end the following:
            ``(3) Flexible funding for specified safety projects.--
                    ``(A) In general.--To advance the implementation of 
                a State strategic highway safety plan, a State may use 
                not more than 10 percent of the amounts apportioned to 
                the State under section 104(b)(3) for a fiscal year to 
                carry out specified safety projects.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph requires a State to revise any State process, 
                plan, or program in effect on the date of enactment of 
                this paragraph.
                    ``(C) Effect of paragraph.--
                            ``(i) Requirements.--A project carried out 
                        under this paragraph shall be subject to all 
                        requirements under this section that apply to a 
                        highway safety improvement project.
                            ``(ii) Other apportioned programs.--Nothing 
                        in this paragraph prohibits the use of funds 
                        made available under other provisions of this 
                        title for a specified safety project that is a 
                        noninfrastructure project.'';
            (5) in subsection (g), by adding at the end the following:
            ``(3) Vulnerable road user safety.--If the total annual 
        fatalities of vulnerable road users in a State represents not 
        less than 15 percent of the total annual crash fatalities in 
        the State, that State shall be required to obligate not less 
        than 15 percent of the amounts apportioned to the State under 
        section 104(b)(3) for the following fiscal year for highway 
        safety improvement projects to address the safety of vulnerable 
        road users.''; and
            (6) by adding at the end the following:
    ``(l) Vulnerable Road User Safety Assessment.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this subsection, each State shall complete a 
        vulnerable road user safety assessment.
            ``(2) Contents.--A vulnerable road user safety assessment 
        under paragraph (1) shall include--
                    ``(A) a quantitative analysis of vulnerable road 
                user fatalities and serious injuries that--
                            ``(i) includes data such as location, 
                        roadway functional classification, design 
                        speed, speed limit, and time of day;
                            ``(ii) considers the demographics of the 
                        locations of fatalities and serious injuries, 
                        including race, ethnicity, income, and age; and
                            ``(iii) based on the data, identifies areas 
                        as `high-risk' to vulnerable road users; and
                    ``(B) a program of projects or strategies to reduce 
                safety risks to vulnerable road users in areas 
                identified as high-risk under subparagraph (A)(iii).
            ``(3) Use of data.--In carrying out a vulnerable road user 
        safety assessment under paragraph (1), a State shall use data 
        from the most recent 5-year period for which data is available.
            ``(4) Requirements.--In carrying out a vulnerable road user 
        safety assessment under paragraph (1), a State shall--
                    ``(A) take into consideration a safe system 
                approach; and
                    ``(B) consult with local governments, metropolitan 
                planning organizations, and regional transportation 
                planning organizations that represent a high-risk area 
                identified under paragraph (2)(A)(iii).
            ``(5) Update.--A State shall update the vulnerable road 
        user safety assessment of the State in accordance with the 
        updates required to the State strategic highway safety plan 
        under subsection (d).
            ``(6) Requirement for transportation system access.--The 
        program of projects developed under paragraph (2)(B) may not 
        degrade transportation system access for vulnerable road users.
            ``(7) Guidance.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection, the Secretary 
                shall develop guidance for States to carry out this 
                subsection.
                    ``(B) Consultation.--In developing the guidance 
                under this paragraph, the Secretary shall consult with 
                the States and relevant safety stakeholders.''.
    (b) High-risk Rural Roads.--
            (1) Study.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall update the study 
        under section 1112(b)(1) of MAP-21 (23 U.S.C. 148 note; Public 
        Law 112-141).
            (2) Publication of report.--Not later than 2 years after 
        the date of enactment of this Act, the Secretary shall publish 
        on the website of the Department of Transportation an update to 
        the report described in section 1112(b)(2) of MAP-21 (23 U.S.C. 
        148 note; Public Law 112-141).
            (3) Best practices manual.--Not later than 180 days after 
        the date on which the report is published under paragraph (2), 
        the Secretary shall update the best practices manual described 
        in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note; Public Law 
        112-141).

SEC. 1112. FEDERAL LANDS TRANSPORTATION PROGRAM.

    Section 203(a) of title 23, United States Code, is amended--
            (1) in paragraph (1)(D), by striking ``$10,000,000'' and 
        inserting ``$20,000,000''; and
            (2) by adding at the end the following:
            ``(6) Native plant materials.--In carrying out an activity 
        described in paragraph (1), the entity carrying out the 
        activity shall consider, to the maximum extent practicable--
                    ``(A) the use of locally adapted native plant 
                materials; and
                    ``(B) designs that minimize runoff and heat 
                generation.''.

SEC. 1113. FEDERAL LANDS ACCESS PROGRAM.

    (a) Federal Share.--Section 201 of title 23, United States Code, is 
amended--
            (1) in subsection (b)(7)(B), by striking ``determined in 
        accordance with section 120'', and inserting ``be up to 100 
        percent''; and
            (2) in subsection (c)(8)(A), by striking ``5 percent'' and 
        inserting ``20 percent''.
    (b) Federal Lands Access Program.--Section 204(a) of title 23, 
United States Code, is amended--
            (1) in paragraph (1)(A)--
                    (A) in the matter preceding clause (i), by 
                inserting ``context-sensitive solutions,'' after 
                ``restoration,'';
                    (B) in clause (i), by inserting ``, including 
                interpretive panels in or adjacent to those areas'' 
                after ``areas'';
                    (C) in clause (v), by striking ``and'' at the end;
                    (D) by redesignating clause (vi) as clause (ix); 
                and
                    (E) by inserting after clause (v) the following:
                            ``(vi) contextual wayfinding markers;
                            ``(vii) landscaping;
                            ``(viii) cooperative mitigation of visual 
                        blight, including screening or removal; and''; 
                        and
            (2) by adding at the end the following:
            ``(6) Native plant materials.--In carrying out an activity 
        described in paragraph (1), the Secretary shall ensure that the 
        entity carrying out the activity considers, to the maximum 
        extent practicable--
                    ``(A) the use of locally adapted native plant 
                materials; and
                    ``(B) designs that minimize runoff and heat 
                generation.''.

SEC. 1114. NATIONAL HIGHWAY FREIGHT PROGRAM.

    Section 167 of title 23, United States Code, is amended--
            (1) in subsection (e)--
                    (A) in paragraph (2), by striking ``150 miles'' and 
                inserting ``300 miles''; and
                    (B) by adding at the end the following:
            ``(3) Rural states.--Notwithstanding paragraph (2), a State 
        with a population per square mile of area that is less than the 
        national average, based on the 2010 census, may designate as 
        critical rural freight corridors a maximum of 600 miles of 
        highway or 25 percent of the primary highway freight system 
        mileage in the State, whichever is greater.'';
            (2) in subsection (f)(4), by striking ``75 miles'' and 
        inserting ``150 miles''; and
            (3) in subsection (i)(5)(B)--
                    (A) in the matter preceding clause (i), by striking 
                ``10 percent'' and inserting ``30 percent'';
                    (B) in clause (i), by striking ``and'' at the end;
                    (C) in clause (ii), by striking the period at the 
                end and inserting a semicolon; and
                    (D) by adding at the end the following:
                            ``(iii) for the modernization or 
                        rehabilitation of a lock and dam, if the 
                        Secretary determines that the project--
                                    ``(I) is functionally connected to 
                                the National Highway Freight Network; 
                                and
                                    ``(II) is likely to reduce on-road 
                                mobile source emissions; and
                            ``(iv) on a marine highway corridor, 
                        connector, or crossing designated by the 
                        Secretary under section 55601(c) of title 46 
                        (including an inland waterway corridor, 
                        connector, or crossing), if the Secretary 
                        determines that the project--
                                    ``(I) is functionally connected to 
                                the National Highway Freight Network; 
                                and
                                    ``(II) is likely to reduce on-road 
                                mobile source emissions.''.

SEC. 1115. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

    Section 149 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``subsection (d)'' and inserting ``subsections 
                (d) and (m)(1)(B)(ii)''
                    (B) in paragraph (7), by inserting ``shared 
                micromobility (including bikesharing and shared scooter 
                systems),'' after ``carsharing,'';
                    (C) in paragraph (8)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``replacements or'' 
                                before ``retrofits'';
                                    (II) by striking clause (i) and 
                                inserting the following:
                            ``(i) verified technologies (as defined in 
                        section 791 of the Energy Policy Act of 2005 
                        (42 U.S.C. 16131)) for motor vehicles (as 
                        defined in section 216 of the Clean Air Act (42 
                        U.S.C. 7550)); or''; and
                                    (III) in clause (ii)(II), by 
                                striking ``or'' at the end; and
                            (ii) in subparagraph (B), by inserting 
                        ``replacements or'' before ``retrofits''; and
                            (iii) by adding at the end the following:
                    ``(C) the purchase of medium- or heavy-duty zero 
                emission vehicles and related charging equipment;'';
                    (D) in paragraph (9), by striking the period at the 
                end and inserting a semicolon; and
                    (E) by adding at the end the following:
            ``(10) if the project is for the modernization or 
        rehabilitation of a lock and dam that--
                    ``(A) is functionally connected to the Federal-aid 
                highway system; and
                    ``(B) the Secretary determines is likely to 
                contribute to the attainment or maintenance of a 
                national ambient air quality standard; or
            ``(11) if the project is on a marine highway corridor, 
        connector, or crossing designated by the Secretary under 
        section 55601(c) of title 46 (including an inland waterway 
        corridor, connector, or crossing) that--
                    ``(A) is functionally connected to the Federal-aid 
                highway system; and
                    ``(B) the Secretary determines is likely to 
                contribute to the attainment or maintenance of a 
                national ambient air quality standard.'';
            (2) in subsection (c), by adding at the end the following:
            ``(4) Locks and dams; marine highways.--For each fiscal 
        year, a State may not obligate more than 10 percent of the 
        funds apportioned to the State under section 104(b)(4) for 
        projects described in paragraphs (10) and (11) of subsection 
        (b).'';
            (3) in subsection (f)(4)(A), by inserting ``and nonroad 
        vehicles and nonroad engines used in construction projects or 
        port-related freight operations'' after ``motor vehicles'';
            (4) in subsection (g)--
                    (A) in paragraph (1)(B)--
                            (i) in the subparagraph heading, by 
                        inserting ``replacement or'' before 
                        ``retrofit'';
                            (ii) by striking ``The term `diesel 
                        retrofit''' and inserting ``The term `diesel 
                        replacement or retrofit'''; and
                            (iii) by inserting ``or retrofit'' after 
                        ``replacement'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by inserting ``replacement or'' 
                before ``retrofit''; and
                    (C) in paragraph (3), by inserting ``replacements 
                or'' before ``retrofits'';
            (5) in subsection (k)(1), by striking ``that reduce such 
        fine particulate matter emissions in such area, including 
        diesel retrofits.'' and inserting ``that--
                    ``(A) reduce such fine particulate matter emissions 
                in such area, including diesel replacements or 
                retrofits; and
                    ``(B) to the extent practicable, prioritize 
                benefits to minority populations or low-income 
                populations living in, or immediately adjacent to, such 
                area.'';
            (6) in subsection (l), by adding at the following:
            ``(3) Assistance to metropolitan planning organizations.--
                    ``(A) In general.--On the request of a metropolitan 
                planning organization, the Secretary may assist the 
                metropolitan planning organization tracking progress 
                made in minority or low-income populations as part of a 
                performance plan under this subsection.
                    ``(B) Savings provision.--Nothing in this paragraph 
                provides the Secretary the authority--
                            ``(i) to change the performance measures 
                        under section 150(c)(5) or the performance 
                        targets established under section 134(h)(2) or 
                        150(d); or
                            ``(ii) to establish any other Federal 
                        requirement.''; and
            (7) by striking subsection (m) and inserting the following:
    ``(m) Operating Assistance.--
            ``(1) In general.--A State may obligate funds apportioned 
        under section 104(b)(4) in an area of the State that is 
        otherwise eligible for obligations of such funds for operating 
        costs--
                    ``(A) under chapter 53 of title 49; or
                    ``(B) on--
                            ``(i) a system for which CMAQ funding was 
                        eligible, made available, obligated, or 
                        expended in fiscal year 2012; or
                            ``(ii) a State-supported Amtrak route with 
                        a valid cost-sharing agreement under section 
                        209 of the Passenger Rail Investment and 
                        Improvement Act of 2008 (49 U.S.C. 24101 note; 
                        Public Law 110-432) and no current 
                        nonattainment areas under subsection (d).
            ``(2) No time limitation.--Operating assistance provided 
        under paragraph (1) shall have no imposed time limitation if 
        the operating assistance is for--
                    ``(A) a route described in subparagraph (B)(ii) of 
                that paragraph; or
                    ``(B) a transit system that is located in--
                            ``(i) a non-urbanized area; or
                            ``(ii) an urbanized area with a population 
                        of 200,000 or fewer.''.

SEC. 1116. ALASKA HIGHWAY.

    Section 218 of title 23, United States Code, is amended to read as 
follows:
``Sec. 218. Alaska Highway
    ``(a) Recognizing the benefits that will accrue to the State of 
Alaska and to the United States from the reconstruction of the Alaska 
Highway from the Alaskan border at Beaver Creek, Yukon Territory, to 
Haines Junction in Canada and the Haines Cutoff Highway from Haines 
Junction in Canada to Haines, Alaska, the Secretary may provide for the 
necessary reconstruction of the highway using funds awarded through an 
applicable competitive grant program, if the highway meets all 
applicable eligibility requirements for the program, except for the 
specific requirements established by the agreement for the Alaska 
Highway Project between the Government of the United States and the 
Government of Canada. In addition to the funds described in the 
previous sentence, notwithstanding any other provision of law and on 
agreement with the State of Alaska, the Secretary is authorized to 
expend on such highway or the Alaska Marine Highway System any Federal-
aid highway funds apportioned to the State of Alaska under this title 
at a Federal share of 100 per centum. No expenditures shall be made for 
the construction of the portion of such highways that are in Canada 
unless an agreement is in place between the Government of Canada and 
the Government of the United States (including an agreement in 
existence on the date of enactment of the Surface Transportation 
Reauthorization Act of 2021) that provides, in part, that the Canadian 
Government--
            ``(1) will provide, without participation of funds 
        authorized under this title, all necessary right-of-way for the 
        reconstruction of such highways;
            ``(2) will not impose any highway toll, or permit any such 
        toll to be charged for the use of such highways by vehicles or 
        persons;
            ``(3) will not levy or assess, directly or indirectly, any 
        fee, tax, or other charge for the use of such highways by 
        vehicles or persons from the United States that does not apply 
        equally to vehicles or persons of Canada;
            ``(4) will continue to grant reciprocal recognition of 
        vehicle registration and driver's licenses in accordance with 
        agreements between the United States and Canada; and
            ``(5) will maintain such highways after their completion in 
        proper condition adequately to serve the needs of present and 
        future traffic.
    ``(b) The survey and construction work undertaken in Canada 
pursuant to this section shall be under the general supervision of the 
Secretary.
    ``(c) For purposes of this section, the term `Alaska Marine Highway 
System' includes all existing or planned transportation facilities and 
equipment in Alaska, including the lease, purchase, or construction of 
vessels, terminals, docks, floats, ramps, staging areas, parking lots, 
bridges and approaches thereto, and necessary roads.''.

SEC. 1117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.

    (a) In General.--Section 129(c) of title 23, United States Code, is 
amended in the matter preceding paragraph (1) by striking ``the 
construction of ferry boats and ferry terminal facilities, whether toll 
or free,'' and inserting ``the construction of ferry boats and ferry 
terminal facilities (including ferry maintenance facilities), whether 
toll or free, and the procurement of transit vehicles used exclusively 
as an integral part of an intermodal ferry trip,''.
    (b) Diesel Fuel Ferry Vessels.--
            (1) In general.--Notwithstanding section 147(b), in the 
        case of a project to replace or retrofit a diesel fuel ferry 
        vessel that provides substantial emissions reductions, the 
        Federal share of the cost of the project may be up to 85 
        percent, as determined by the State.
            (2) Sunset.--The authority provided by paragraph (1) shall 
        terminate on September 30, 2025.

SEC. 1118. BRIDGE INVESTMENT PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 123 the following:
``Sec. 124. Bridge investment program
    ``(a) Definitions.--In this section:
            ``(1) Eligible project.--
                    ``(A) In general.--The term `eligible project' 
                means a project to replace, rehabilitate, preserve, or 
                protect 1 or more bridges on the National Bridge 
                Inventory under section 144(b).
                    ``(B) Inclusions.--The term `eligible project' 
                includes--
                            ``(i) a bundle of projects described in 
                        subparagraph (A), regardless of whether the 
                        bundle of projects meets the requirements of 
                        section 144(j)(5); and
                            ``(ii) a project to replace or rehabilitate 
                        culverts for the purpose of improving flood 
                        control and improved habitat connectivity for 
                        aquatic species.
            ``(2) Large project.--The term `large project' means an 
        eligible project with total eligible project costs of greater 
        than $100,000,000.
            ``(3) Program.--The term `program' means the bridge 
        investment program established by subsection (b)(1).
    ``(b) Establishment of Bridge Investment Program.--
            ``(1) In general.--There is established a bridge investment 
        program to provide financial assistance for eligible projects 
        under this section.
            ``(2) Goals.--The goals of the program shall be--
                    ``(A) to improve the safety, efficiency, and 
                reliability of the movement of people and freight over 
                bridges;
                    ``(B) to improve the condition of bridges in the 
                United States by reducing--
                            ``(i) the number of bridges--
                                    ``(I) in poor condition; or
                                    ``(II) in fair condition and at 
                                risk of falling into poor condition 
                                within the next 3 years;
                            ``(ii) the total person miles traveled over 
                        bridges--
                                    ``(I) in poor condition; or
                                    ``(II) in fair condition and at 
                                risk of falling into poor condition 
                                within the next 3 years;
                            ``(iii) the number of bridges that--
                                    ``(I) do not meet current geometric 
                                design standards; or
                                    ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network; and
                            ``(iv) the total person miles traveled over 
                        bridges that--
                                    ``(I) do not meet current geometric 
                                design standards; or
                                    ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network; and
                    ``(C) to provide financial assistance that 
                leverages and encourages non-Federal contributions from 
                sponsors and stakeholders involved in the planning, 
                design, and construction of eligible projects.
    ``(c) Grant Authority.--
            ``(1) In general.--In carrying out the program, the 
        Secretary may award grants, on a competitive basis, in 
        accordance with this section.
            ``(2) Grant amounts.--Except as otherwise provided, a grant 
        under the program shall be--
                    ``(A) in the case of a large project, in an amount 
                that is--
                            ``(i) adequate to fully fund the project 
                        (in combination with other financial resources 
                        identified in the application); and
                            ``(ii) not less than $50,000,000; and
                    ``(B) in the case of any other eligible project, in 
                an amount that is--
                            ``(i) adequate to fully fund the project 
                        (in combination with other financial resources 
                        identified in the application); and
                            ``(ii) not less than $2,500,000.
            ``(3) Maximum amount.--Except as otherwise provided, for an 
        eligible project receiving assistance under the program, the 
        amount of assistance provided by the Secretary under this 
        section, as a share of eligible project costs, shall be--
                    ``(A) in the case of a large project, not more than 
                50 percent; and
                    ``(B) in the case of any other eligible project, 
                not more than 80 percent.
            ``(4) Federal share.--
                    ``(A) Maximum federal involvement.--Federal 
                assistance other than a grant under the program may be 
                used to satisfy the non-Federal share of the cost of a 
                project for which a grant is made, except that the 
                total Federal assistance provided for a project 
                receiving a grant under the program may not exceed the 
                Federal share for the project under section 120.
                    ``(B) Off-system bridges.--In the case of an 
                eligible project for an off-system bridge (as defined 
                in section 133(f)(1))--
                            ``(i) Federal assistance other than a grant 
                        under the program may be used to satisfy the 
                        non-Federal share of the cost of a project; and
                            ``(ii) notwithstanding subparagraph (A), 
                        the total Federal assistance provided for the 
                        project shall not exceed 90 percent of the 
                        total eligible project costs.
                    ``(C) Federal land management agencies and tribal 
                governments.--Notwithstanding any other provision of 
                law, Federal funds other than Federal funds made 
                available under this section may be used to pay the 
                remaining share of the cost of a project under the 
                program by a Federal land management agency or a Tribal 
                government or consortium of Tribal governments.
            ``(5) Considerations.--
                    ``(A) In general.--In awarding grants under the 
                program, the Secretary shall consider--
                            ``(i) in the case of a large project, the 
                        ratings assigned under subsection (g)(5)(A);
                            ``(ii) in the case of an eligible project 
                        other than a large project, the quality rating 
                        assigned under subsection (f)(3)(A)(ii);
                            ``(iii) the average daily person and 
                        freight throughput supported by the eligible 
                        project;
                            ``(iv) the number and percentage of bridges 
                        within the same State as the eligible project 
                        that are in poor condition;
                            ``(v) the extent to which the eligible 
                        project demonstrates cost savings by bundling 
                        multiple bridge projects;
                            ``(vi) in the case of an eligible project 
                        of a Federal land management agency, the extent 
                        to which the grant would reduce a Federal 
                        liability or Federal infrastructure maintenance 
                        backlog;
                            ``(vii) geographic diversity among grant 
                        recipients, including the need for a balance 
                        between the needs of rural and urban 
                        communities; and
                            ``(viii) the extent to which a bridge that 
                        would be assisted with a grant--
                                    ``(I) is, without that assistance--
                                            ``(aa) at risk of falling 
                                        into or remaining in poor 
                                        condition; or
                                            ``(bb) in fair condition 
                                        and at risk of falling into 
                                        poor condition within the next 
                                        3 years;
                                    ``(II) does not meet current 
                                geometric design standards based on--
                                            ``(aa) the current use of 
                                        the bridge; or
                                            ``(bb) load and traffic 
                                        requirements typical of the 
                                        regional corridor or local 
                                        network in which the bridge is 
                                        located; or
                                    ``(III) does not meet current 
                                seismic design standards.
                    ``(B) Requirement.--The Secretary shall--
                            ``(i) give priority to an application for 
                        an eligible project that is located within a 
                        State for which--
                                    ``(I) 2 or more applications for 
                                eligible projects within the State were 
                                submitted for the current fiscal year 
                                and an average of 2 or more 
                                applications for eligible projects 
                                within the State were submitted in 
                                prior fiscal years of the program; and
                                    ``(II) fewer than 2 grants have 
                                been awarded for eligible projects 
                                within the State under the program;
                            ``(ii) during the period of fiscal years 
                        2022 through 2026, for each State described in 
                        clause (i), select--
                                    ``(I) not fewer than 1 large 
                                project that the Secretary determines 
                                is justified under the evaluation under 
                                subsection (g)(4); or
                                    ``(II) 2 eligible projects that are 
                                not large projects that the Secretary 
                                determines are justified under the 
                                evaluation under subsection (f)(3); and
                            ``(iii) not be required to award a grant 
                        for an eligible project that the Secretary does 
                        not determine is justified under an evaluation 
                        under subsection (f)(3) or (g)(4).
            ``(6) Culvert limitation.--Not more than 5 percent of the 
        amounts made available for each fiscal year for grants under 
        the program may be used for eligible projects that consist 
        solely of culvert replacement or rehabilitation.
    ``(d) Eligible Entity.--The Secretary may make a grant under the 
program to any of the following:
            ``(1) A State or a group of States.
            ``(2) A metropolitan planning organization that serves an 
        urbanized area (as designated by the Bureau of the Census) with 
        a population of over 200,000.
            ``(3) A unit of local government or a group of local 
        governments.
            ``(4) A political subdivision of a State or local 
        government.
            ``(5) A special purpose district or public authority with a 
        transportation function.
            ``(6) A Federal land management agency.
            ``(7) A Tribal government or a consortium of Tribal 
        governments.
            ``(8) A multistate or multijurisdictional group of entities 
        described in paragraphs (1) through (7).
    ``(e) Eligible Project Requirements.--The Secretary may make a 
grant under the program only to an eligible entity for an eligible 
project that--
            ``(1) in the case of a large project, the Secretary 
        recommends for funding in the annual report on funding 
        recommendations under subsection (g)(6), except as provided in 
        subsection (g)(1)(B);
            ``(2) is reasonably expected to begin construction not 
        later than 18 months after the date on which funds are 
        obligated for the project; and
            ``(3) is based on the results of preliminary engineering.
    ``(f) Competitive Process and Evaluation of Eligible Projects Other 
Than Large Projects.--
            ``(1) Competitive process.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) for the first fiscal year for which 
                        funds are made available for obligation under 
                        the program, not later than 60 days after the 
                        date on which the template under subparagraph 
                        (B)(i) is developed, and in subsequent fiscal 
                        years, not later than 60 days after the date on 
                        which amounts are made available for obligation 
                        under the program, solicit grant applications 
                        for eligible projects other than large 
                        projects; and
                            ``(ii) not later than 120 days after the 
                        date on which the solicitation under clause (i) 
                        expires, conduct evaluations under paragraph 
                        (3).
                    ``(B) Requirements.--In carrying out subparagraph 
                (A), the Secretary shall--
                            ``(i) develop a template for applicants to 
                        use to summarize project needs and benefits, 
                        including benefits described in paragraph 
                        (3)(B)(i); and
                            ``(ii) enable applicants to use data from 
                        the National Bridge Inventory under section 
                        144(b) to populate templates described in 
                        clause (i), as applicable.
            ``(2) Applications.--An eligible entity shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(3) Evaluation.--
                    ``(A) In general.--Prior to providing a grant under 
                this subsection, the Secretary shall--
                            ``(i) conduct an evaluation of each 
                        eligible project for which an application is 
                        received under this subsection; and
                            ``(ii) assign a quality rating to the 
                        eligible project on the basis of the evaluation 
                        under clause (i).
                    ``(B) Requirements.--In carrying out an evaluation 
                under subparagraph (A), the Secretary shall--
                            ``(i) consider information on project 
                        benefits submitted by the applicant using the 
                        template developed under paragraph (1)(B)(i), 
                        including whether the project will generate, as 
                        determined by the Secretary--
                                    ``(I) costs avoided by the 
                                prevention of closure or reduced use of 
                                the bridge to be improved by the 
                                project;
                                    ``(II) in the case of a bundle of 
                                projects, benefits from executing the 
                                projects as a bundle compared to as 
                                individual projects;
                                    ``(III) safety benefits, including 
                                the reduction of accidents and related 
                                costs;
                                    ``(IV) person and freight mobility 
                                benefits, including congestion 
                                reduction and reliability improvements;
                                    ``(V) national or regional economic 
                                benefits;
                                    ``(VI) benefits from long-term 
                                resiliency to extreme weather events, 
                                flooding, or other natural disasters;
                                    ``(VII) benefits from protection 
                                (as described in section 133(b)(10)), 
                                including improving seismic or scour 
                                protection;
                                    ``(VIII) environmental benefits, 
                                including wildlife connectivity;
                                    ``(IX) benefits to nonvehicular and 
                                public transportation users;
                                    ``(X) benefits of using--
                                            ``(aa) innovative design 
                                        and construction techniques; or
                                            ``(bb) innovative 
                                        technologies; or
                                    ``(XI) reductions in maintenance 
                                costs, including, in the case of a 
                                federally-owned bridge, cost savings to 
                                the Federal budget; and
                            ``(ii) consider whether and the extent to 
                        which the benefits, including the benefits 
                        described in clause (i), are more likely than 
                        not to outweigh the total project costs.
    ``(g) Competitive Process, Evaluation, and Annual Report for Large 
Projects.--
            ``(1) In general.--
                    ``(A) Applications.--The Secretary shall establish 
                an annual date by which an eligible entity submitting 
                an application for a large project shall submit to the 
                Secretary such information as the Secretary may 
                require, including information described in paragraph 
                (2), in order for a large project to be considered for 
                a recommendation by the Secretary for funding in the 
                next annual report under paragraph (6).
                    ``(B) First fiscal year.--Notwithstanding 
                subparagraph (A), for the first fiscal year for which 
                funds are made available for obligation for grants 
                under the program, the Secretary may establish a date 
                by which an eligible entity submitting an application 
                for a large project shall submit to the Secretary such 
                information as the Secretary may require, including 
                information described in paragraph (2), in order for a 
                large project to be considered for immediate execution 
                of a grant agreement.
            ``(2) Information required.--The information referred to in 
        paragraph (1) includes--
                    ``(A) all necessary information required for the 
                Secretary to evaluate the large project; and
                    ``(B) information sufficient for the Secretary to 
                determine that--
                            ``(i) the large project meets the 
                        applicable requirements under this section; and
                            ``(ii) there is a reasonable likelihood 
                        that the large project will continue to meet 
                        the requirements under this section.
            ``(3) Determination; notice.--On making a determination 
        that information submitted to the Secretary under paragraph (1) 
        is sufficient, the Secretary shall provide a written notice of 
        that determination to--
                    ``(A) the eligible entity that submitted the 
                application;
                    ``(B) the Committee on Environment and Public Works 
                of the Senate; and
                    ``(C) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
            ``(4) Evaluation.--The Secretary may recommend a large 
        project for funding in the annual report under paragraph (6), 
        or, in the case of the first fiscal year for which funds are 
        made available for obligation for grants under the program, 
        immediately execute a grant agreement for a large project, only 
        if the Secretary evaluates the proposed project and determines 
        that the project is justified because the project--
                    ``(A) addresses a need to improve the condition of 
                the bridge, as determined by the Secretary, consistent 
                with the goals of the program under subsection (b)(2);
                    ``(B) will generate, as determined by the 
                Secretary--
                            ``(i) costs avoided by the prevention of 
                        closure or reduced use of the bridge to be 
                        improved by the project;
                            ``(ii) in the case of a bundle of projects, 
                        benefits from executing the projects as a 
                        bundle compared to as individual projects;
                            ``(iii) safety benefits, including the 
                        reduction of accidents and related costs;
                            ``(iv) person and freight mobility 
                        benefits, including congestion reduction and 
                        reliability improvements;
                            ``(v) national or regional economic 
                        benefits;
                            ``(vi) benefits from long-term resiliency 
                        to extreme weather events, flooding, or other 
                        natural disasters;
                            ``(vii) benefits from protection (as 
                        described in section 133(b)(10)), including 
                        improving seismic or scour protection;
                            ``(viii) environmental benefits, including 
                        wildlife connectivity;
                            ``(ix) benefits to nonvehicular and public 
                        transportation users;
                            ``(x) benefits of using--
                                    ``(I) innovative design and 
                                construction techniques; or
                                    ``(II) innovative technologies; or
                            ``(xi) reductions in maintenance costs, 
                        including, in the case of a federally-owned 
                        bridge, cost savings to the Federal budget;
                    ``(C) is cost effective based on an analysis of 
                whether the benefits and avoided costs described in 
                subparagraph (B) are expected to outweigh the project 
                costs;
                    ``(D) is supported by other Federal or non-Federal 
                financial commitments or revenues adequate to fund 
                ongoing maintenance and preservation; and
                    ``(E) is consistent with the objectives of an 
                applicable asset management plan of the project 
                sponsor, including a State asset management plan under 
                section 119(e) in the case of a project on the National 
                Highway System that is sponsored by a State.
            ``(5) Ratings.--
                    ``(A) In general.--The Secretary shall develop a 
                methodology to evaluate and rate a large project on a 
                5-point scale (the points of which include `high', 
                `medium-high', `medium', `medium-low', and `low') for 
                each of--
                            ``(i) paragraph (4)(B);
                            ``(ii) paragraph (4)(C); and
                            ``(iii) paragraph (4)(D).
                    ``(B) Requirement.--To be considered justified and 
                receive a recommendation for funding in the annual 
                report under paragraph (6), a project shall receive a 
                rating of not less than `medium' for each rating 
                required under subparagraph (A).
                    ``(C) Interim methodology.--In the first fiscal 
                year for which funds are made available for obligation 
                for grants under the program, the Secretary may 
                establish an interim methodology to evaluate and rate a 
                large project for each of--
                            ``(i) paragraph (4)(B);
                            ``(ii) paragraph (4)(C); and
                            ``(iii) paragraph (4)(D).
            ``(6) Annual report on funding recommendations for large 
        projects.--
                    ``(A) In general.--Not later than the first Monday 
                in February of each year, the Secretary shall submit to 
                the Committees on Transportation and Infrastructure and 
                Appropriations of the House of Representatives and the 
                Committees on Environment and Public Works and 
                Appropriations of the Senate a report that includes--
                            ``(i) a list of large projects that have 
                        requested a recommendation for funding under a 
                        new grant agreement from funds anticipated to 
                        be available to carry out this subsection in 
                        the next fiscal year;
                            ``(ii) the evaluation under paragraph (4) 
                        and ratings under paragraph (5) for each 
                        project referred to in clause (i);
                            ``(iii) the grant amounts that the 
                        Secretary recommends providing to large 
                        projects in the next fiscal year, including--
                                    ``(I) scheduled payments under 
                                previously signed multiyear grant 
                                agreements under subsection (j);
                                    ``(II) payments for new grant 
                                agreements, including single-year grant 
                                agreements and multiyear grant 
                                agreements; and
                                    ``(III) a description of how 
                                amounts anticipated to be available for 
                                the program from the Highway Trust Fund 
                                for that fiscal year will be 
                                distributed; and
                            ``(iv) for each project for which the 
                        Secretary recommends a new multiyear grant 
                        agreement under subsection (j), the proposed 
                        payout schedule for the project.
                    ``(B) Limitations.--
                            ``(i) In general.--The Secretary shall not 
                        recommend in an annual report under this 
                        paragraph a new multiyear grant agreement 
                        provided from funds from the Highway Trust Fund 
                        unless the Secretary determines that the 
                        project can be completed using funds that are 
                        anticipated to be available from the Highway 
                        Trust Fund in future fiscal years.
                            ``(ii) General fund projects.--The 
                        Secretary--
                                    ``(I) may recommend for funding in 
                                an annual report under this paragraph a 
                                large project using funds from the 
                                general fund of the Treasury; but
                                    ``(II) shall not execute a grant 
                                agreement for that project unless--
                                            ``(aa) funds other than 
                                        from the Highway Trust Fund 
                                        have been made available for 
                                        the project; and
                                            ``(bb) the Secretary 
                                        determines that the project can 
                                        be completed using funds other 
                                        than from the Highway Trust 
                                        Fund that are anticipated to be 
                                        available in future fiscal 
                                        years.
                    ``(C) Considerations.--In selecting projects to 
                recommend for funding in the annual report under this 
                paragraph, or, in the case of the first fiscal year for 
                which funds are made available for obligation for 
                grants under the program, projects for immediate 
                execution of a grant agreement, the Secretary shall--
                            ``(i) consider the amount of funds 
                        available in future fiscal years for multiyear 
                        grant agreements as described in subparagraph 
                        (B); and
                            ``(ii) assume the availability of funds in 
                        future fiscal years for multiyear grant 
                        agreements that extend beyond the period of 
                        authorization based on the amount made 
                        available for large projects under the program 
                        in the last fiscal year of the period of 
                        authorization.
                    ``(D) Project diversity.--In selecting projects to 
                recommend for funding in the annual report under this 
                paragraph, the Secretary shall ensure diversity among 
                projects recommended based on--
                            ``(i) the amount of the grant requested; 
                        and
                            ``(ii) grants for an eligible project for 1 
                        bridge compared to an eligible project that is 
                        a bundle of projects.
    ``(h) Eligible Project Costs.--A grant received for an eligible 
project under the program may be used for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities;
            ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements directly related to 
        improving system performance; and
            ``(3) expenses related to the protection (as described in 
        section 133(b)(10)) of a bridge, including seismic or scour 
        protection.
    ``(i) TIFIA Program.--On the request of an eligible entity carrying 
out an eligible project, the Secretary may use amounts awarded to the 
entity to pay subsidy and administrative costs necessary to provide to 
the entity Federal credit assistance under chapter 6 with respect to 
the eligible project for which the grant was awarded.
    ``(j) Multiyear Grant Agreements for Large Projects.--
            ``(1) In general.--A large project that receives a grant 
        under the program in an amount of not less than $100,000,000 
        may be carried out through a multiyear grant agreement in 
        accordance with this subsection.
            ``(2) Requirements.--A multiyear grant agreement for a 
        large project described in paragraph (1) shall--
                    ``(A) establish the terms of participation by the 
                Federal Government in the project;
                    ``(B) establish the maximum amount of Federal 
                financial assistance for the project in accordance with 
                paragraphs (3) and (4) of subsection (c);
                    ``(C) establish a payout schedule for the project 
                that provides for disbursement of the full grant amount 
                by not later than 4 fiscal years after the fiscal year 
                in which the initial amount is provided;
                    ``(D) determine the period of time for completing 
                the project, even if that period extends beyond the 
                period of an authorization; and
                    ``(E) attempt to improve timely and efficient 
                management of the project, consistent with all 
                applicable Federal laws (including regulations).
            ``(3) Special financial rules.--
                    ``(A) In general.--A multiyear grant agreement 
                under this subsection--
                            ``(i) shall obligate an amount of available 
                        budget authority specified in law; and
                            ``(ii) may include a commitment, contingent 
                        on amounts to be specified in law in advance 
                        for commitments under this paragraph, to 
                        obligate an additional amount from future 
                        available budget authority specified in law.
                    ``(B) Statement of contingent commitment.--The 
                agreement shall state that the contingent commitment is 
                not an obligation of the Federal Government.
                    ``(C) Interest and other financing costs.--
                            ``(i) In general.--Interest and other 
                        financing costs of carrying out a part of the 
                        project within a reasonable time shall be 
                        considered a cost of carrying out the project 
                        under a multiyear grant agreement, except that 
                        eligible costs may not be more than the cost of 
                        the most favorable financing terms reasonably 
                        available for the project at the time of 
                        borrowing.
                            ``(ii) Certification.--The applicant shall 
                        certify to the Secretary that the applicant has 
                        shown reasonable diligence in seeking the most 
                        favorable financing terms.
            ``(4) Advance payment.--Notwithstanding any other provision 
        of law, an eligible entity carrying out a large project under a 
        multiyear grant agreement--
                    ``(A) may use funds made available to the eligible 
                entity under this title for eligible project costs of 
                the large project until the amount specified in the 
                multiyear grant agreement for the project for that 
                fiscal year becomes available for obligation; and
                    ``(B) if the eligible entity uses funds as 
                described in subparagraph (A), the funds used shall be 
                reimbursed from the amount made available under the 
                multiyear grant agreement for the project.
    ``(k) Undertaking Parts of Projects in Advance Under Letters of No 
Prejudice.--
            ``(1) In general.--The Secretary may pay to an applicant 
        all eligible project costs under the program, including costs 
        for an activity for an eligible project incurred prior to the 
        date on which the project receives funding under the program 
        if--
                    ``(A) before the applicant carries out the 
                activity, the Secretary approves through a letter to 
                the applicant the activity in the same manner as the 
                Secretary approves other activities as eligible under 
                the program;
                    ``(B) a record of decision, a finding of no 
                significant impact, or a categorical exclusion under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) has been issued for the eligible 
                project; and
                    ``(C) the activity is carried out without Federal 
                assistance and in accordance with all applicable 
                procedures and requirements.
            ``(2) Interest and other financing costs.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the cost of carrying out an activity for an eligible 
                project includes the amount of interest and other 
                financing costs, including any interest earned and 
                payable on bonds, to the extent interest and other 
                financing costs are expended in carrying out the 
                activity for the eligible project, except that interest 
                and other financing costs may not be more than the cost 
                of the most favorable financing terms reasonably 
                available for the eligible project at the time of 
                borrowing.
                    ``(B) Certification.--The applicant shall certify 
                to the Secretary that the applicant has shown 
                reasonable diligence in seeking the most favorable 
                financing terms under subparagraph (A).
            ``(3) No obligation or influence on recommendations.--An 
        approval by the Secretary under paragraph (1)(A) shall not--
                    ``(A) constitute an obligation of the Federal 
                Government; or
                    ``(B) alter or influence any evaluation under 
                subsection (f)(3)(A)(i) or (g)(4) or any recommendation 
                by the Secretary for funding under the program.
    ``(l) Federally-owned Bridges.--
            ``(1) Divestiture consideration.--In the case of a bridge 
        owned by a Federal land management agency for which that agency 
        applies for a grant under the program, the agency--
                    ``(A) shall consider options to divest the bridge 
                to a State or local entity after completion of the 
                project; and
                    ``(B) may apply jointly with the State or local 
                entity to which the bridge may be divested.
            ``(2) Treatment.--Notwithstanding any other provision of 
        law, section 129 shall apply to a bridge that was previously 
        owned by a Federal land management agency and has been 
        transferred to a non-Federal entity under paragraph (1) in the 
        same manner as if the bridge was never federally owned.
    ``(m) Congressional Notification.--Not later than 30 days before 
making a grant for an eligible project under the program, the Secretary 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Environment and 
Public Works of the Senate a written notification of the proposed grant 
that includes--
            ``(1) an evaluation and justification for the eligible 
        project; and
            ``(2) the amount of the proposed grant.
    ``(n) Reports.--
            ``(1) Annual report.--Not later than August 1 of each 
        fiscal year, the Secretary shall make available on the website 
        of the Department of Transportation an annual report that lists 
        each eligible project for which a grant has been provided under 
        the program during the fiscal year.
            ``(2) GAO assessment and report.--Not later than 3 years 
        after the date of enactment of the Surface Transportation 
        Reauthorization Act of 2021, the Comptroller General of the 
        United States shall--
                    ``(A) conduct an assessment of the administrative 
                establishment, solicitation, selection, and 
                justification process with respect to the funding of 
                grants under the program; and
                    ``(B) submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Environment and Public Works of the Senate 
                a report that describes--
                            ``(i) the adequacy and fairness of the 
                        process under which each eligible project that 
                        received a grant under the program was 
                        selected; and
                            ``(ii) the justification and criteria used 
                        for the selection of each eligible project.
    ``(o) Limitation.--
            ``(1) Large projects.--Of the amounts made available out of 
        the Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this section for each of fiscal years 2022 through 
        2026, not less than 50 percent, in aggregate, shall be used for 
        large projects.
            ``(2) Unutilized amounts.--If, in fiscal year 2026, the 
        Secretary determines that grants under the program will not 
        allow for the requirement under paragraph (1) to be met, the 
        Secretary shall use the unutilized amounts to make other grants 
        under the program during that fiscal year.
    ``(p) Tribal Transportation Facility Bridge Set Aside.--
            ``(1) In general.--Of the amounts made available from the 
        Highway Trust Fund (other than the Mass Transit Account) for a 
        fiscal year to carry out this section, the Secretary shall use, 
        to carry out section 202(d)--
                    ``(A) $16,000,000 for fiscal year 2022;
                    ``(B) $18,000,000 for fiscal year 2023;
                    ``(C) $20,000,000 for fiscal year 2024;
                    ``(D) $22,000,000 for fiscal year 2025; and
                    ``(E) $24,000,000 for fiscal year 2026.
            ``(2) Treatment.--For purposes of section 201, funds made 
        available for section 202(d) under paragraph (1) shall be 
        considered to be part of the tribal transportation program.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 123 the following:

``124. Bridge investment program.''.

SEC. 1119. SAFE ROUTES TO SCHOOL.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 207 the following:
``Sec. 208. Safe routes to school
    ``(a) Definitions.--In this section:
            ``(1) In the vicinity of schools.--The term `in the 
        vicinity of schools', with respect to a school, means the 
        approximately 2-mile area within bicycling and walking distance 
        of the school.
            ``(2) Primary, middle, and high schools.--The term 
        `primary, middle, and high schools' means schools providing 
        education from kindergarten through 12th grade.
    ``(b) Establishment.--Subject to the requirements of this section, 
the Secretary shall establish and carry out a safe routes to school 
program for the benefit of children in primary, middle, and high 
schools.
    ``(c) Purposes.--The purposes of the program established under 
subsection (b) shall be--
            ``(1) to enable and encourage children, including those 
        with disabilities, to walk and bicycle to school;
            ``(2) to make bicycling and walking to school a safer and 
        more appealing transportation alternative, thereby encouraging 
        a healthy and active lifestyle from an early age; and
            ``(3) to facilitate the planning, development, and 
        implementation of projects and activities that will improve 
        safety and reduce traffic, fuel consumption, and air pollution 
        in the vicinity of schools.
    ``(d) Apportionment of Funds.--
            ``(1) In general.--Subject to paragraphs (2), (3), and (4), 
        amounts made available to carry out this section for a fiscal 
        year shall be apportioned among the States so that each State 
        receives the amount equal to the proportion that--
                    ``(A) the total student enrollment in primary, 
                middle, and high schools in each State; bears to
                    ``(B) the total student enrollment in primary, 
                middle, and high schools in all States.
            ``(2) Minimum apportionment.--No State shall receive an 
        apportionment under this section for a fiscal year of less than 
        $1,000,000.
            ``(3) Set-aside for administrative expenses.--Before 
        apportioning under this subsection amounts made available to 
        carry out this section for a fiscal year, the Secretary shall 
        set aside not more than $3,000,000 of those amounts for the 
        administrative expenses of the Secretary in carrying out this 
        section.
            ``(4) Determination of student enrollments.--Determinations 
        under this subsection relating to student enrollments shall be 
        made by the Secretary.
    ``(e) Administration of Amounts.--Amounts apportioned to a State 
under this section shall be administered by the State department of 
transportation.
    ``(f) Eligible Recipients.--Amounts apportioned to a State under 
this section shall be used by the State to provide financial assistance 
to State, local, Tribal, and regional agencies, including nonprofit 
organizations, that demonstrate an ability to meet the requirements of 
this section.
    ``(g) Eligible Projects and Activities.--
            ``(1) Infrastructure-related projects.--
                    ``(A) In general.--Amounts apportioned to a State 
                under this section may be used for the planning, 
                design, and construction of infrastructure-related 
                projects that will substantially improve the ability of 
                students to walk and bicycle to school, including 
                sidewalk improvements, traffic calming and speed 
                reduction improvements, pedestrian and bicycle crossing 
                improvements, on-street bicycle facilities, off-street 
                bicycle and pedestrian facilities, secure bicycle 
                parking facilities, and traffic diversion improvements 
                in the vicinity of schools.
                    ``(B) Location of projects.--Infrastructure-related 
                projects under subparagraph (A) may be carried out on 
                any public road or any bicycle or pedestrian pathway or 
                trail in the vicinity of schools.
            ``(2) Noninfrastructure-related activities.--
                    ``(A) In general.--In addition to projects 
                described in paragraph (1), amounts apportioned to a 
                State under this section may be used for 
                noninfrastructure-related activities to encourage 
                walking and bicycling to school, including public 
                awareness campaigns and outreach to press and community 
                leaders, traffic education and enforcement in the 
                vicinity of schools, student sessions on bicycle and 
                pedestrian safety, health, and environment, and funding 
                for training, volunteers, and managers of safe routes 
                to school programs.
                    ``(B) Allocation.--Not less than 10 percent and not 
                more than 30 percent of the amount apportioned to a 
                State under this section for a fiscal year shall be 
                used for noninfrastructure-related activities under 
                this paragraph.
            ``(3) Safe routes to school coordinator.--Each State shall 
        use a sufficient amount of the apportionment of the State for 
        each fiscal year to fund a full-time position of coordinator of 
        the safe routes to school program of the State.
    ``(h) Clearinghouse.--
            ``(1) In general.--The Secretary shall make grants to a 
        national nonprofit organization engaged in promoting safe 
        routes to schools--
                    ``(A) to operate a national safe routes to school 
                clearinghouse;
                    ``(B) to develop information and educational 
                programs on safe routes to school; and
                    ``(C) to provide technical assistance and 
                disseminate techniques and strategies used for 
                successful safe routes to school programs.
            ``(2) Funding.--The Secretary shall carry out this 
        subsection using amounts set aside for administrative expenses 
        under subsection (d)(3).
    ``(i) Treatment of Projects.--Notwithstanding any other provision 
of law, a project assisted under this section shall be treated as a 
project on a Federal-aid highway under chapter 1.''.
    (b) Conforming Amendments.--
            (1) The analysis for chapter 2 of title 23, United States 
        Code, is amended by inserting after the item relating to 
        section 207 the following:

``208. Safe routes to school.''.
            (2) Section 1404 of SAFETEA-LU (23 U.S.C. 402 note; Public 
        Law 109-59) is repealed.
            (3) The table of contents in section 1(b) of SAFETEA-LU 
        (Public Law 109-59; 119 Stat. 1144) is amended by striking the 
        item relating to section 1404.

SEC. 1120. HIGHWAY USE TAX EVASION PROJECTS.

    Section 143(b)(2)(A) of title 23, United States Code, is amended by 
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal 
years 2022 through 2026''.

SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

    Section 147 of title 23, United States Code, is amended by striking 
subsection (h) and inserting the following:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section--
            ``(1) $110,000,000 for fiscal year 2022;
            ``(2) $112,000,000 for fiscal year 2023;
            ``(3) $114,000,000 for fiscal year 2024;
            ``(4) $116,000,000 for fiscal year 2025; and
            ``(5) $118,000,000 for fiscal year 2026.''.

SEC. 1122. VULNERABLE ROAD USER RESEARCH.

    (a) Definitions.--In this subsection:
            (1) Administrator.--The term ``Administrator'' means the 
        Secretary, acting through the Administrator of the Federal 
        Highway Administration.
            (2) Vulnerable road user.--The term ``vulnerable road 
        user'' has the meaning given the term in section 148(a) of 
        title 23, United States Code.
    (b) Establishment of Research Plan.--The Administrator shall 
establish a research plan to prioritize research on roadway designs, 
the development of safety countermeasures to minimize fatalities and 
serious injuries to vulnerable road users, and the promotion of 
bicycling and walking, including research relating to--
            (1) roadway safety improvements, including traffic calming 
        techniques and vulnerable road user accommodations appropriate 
        in a suburban arterial context;
            (2) the impacts of traffic speeds, and access to low-
        traffic stress corridors, on safety and rates of bicycling and 
        walking;
            (3) tools to evaluate the impact of transportation 
        improvements on projected rates and safety of bicycling and 
        walking; and
            (4) other research areas to be determined by the 
        Administrator.
    (c) Vulnerable Road User Assessments.--The Administrator shall--
            (1) review each vulnerable road user safety assessment 
        submitted by a State under section 148(l) of title 23, United 
        States Code, and other relevant sources of data to determine 
        what, if any, standard definitions and methods should be 
        developed through guidance to enable a State to collect 
        pedestrian injury and fatality data; and
            (2) in the first progress update under subsection (d)(2), 
        provide--
                    (A) the results of the determination described in 
                paragraph (1); and
                    (B) the recommendations of the Secretary with 
                respect to the collection and reporting of data on the 
                safety of vulnerable road users.
    (d) Submission; Publication.--
            (1) Submission of plan.--Not later than 180 days after the 
        date of enactment of this Act, the Administrator shall submit 
        to the Committee on Environment and Public Works of the Senate 
        and the Committee on Transportation and Infrastructure of the 
        House of Representatives the research plan described in 
        subsection (b).
            (2) Progress updates.--Not later than 2 years after the 
        date of enactment of this Act, and biannually thereafter, the 
        Administrator shall submit to the Committees described in 
        paragraph (1)--
                    (A) updates on the progress and findings of the 
                research conducted pursuant to the plan described in 
                subsection (b); and
                    (B) in the first submission under this paragraph, 
                the results and recommendations described in subsection 
                (c)(2).

SEC. 1123. WILDLIFE CROSSING SAFETY.

    (a) Declaration of Policy.--Section 101(b)(3)(D) of title 23, 
United States Code, is amended, in the matter preceding clause (i), by 
inserting ``resilient,'' after ``efficient,''.
    (b) Wildlife Crossings Pilot Program.--
            (1) In general.--Chapter 1 of title 23, United States Code, 
        is amended by adding at the end the following:
``Sec. 171. Wildlife crossings pilot program
    ``(a) Finding.--Congress finds that greater adoption of wildlife-
vehicle collision safety countermeasures is in the public interest 
because--
            ``(1) according to the report of the Federal Highway 
        Administration entitled `Wildlife-Vehicle Collision Reduction 
        Study', there are more than 1,000,000 wildlife-vehicle 
        collisions every year;
            ``(2) wildlife-vehicle collisions--
                    ``(A) present a danger to--
                            ``(i) human safety; and
                            ``(ii) wildlife survival; and
                    ``(B) represent a persistent concern that results 
                in tens of thousands of serious injuries and hundreds 
                of fatalities on the roadways of the United States; and
            ``(3) the total annual cost associated with wildlife-
        vehicle collisions has been estimated to be $8,388,000,000; and
            ``(4) wildlife-vehicle collisions are a major threat to the 
        survival of species, including birds, reptiles, mammals, and 
        amphibians.
    ``(b) Establishment.--The Secretary shall establish a competitive 
wildlife crossings pilot program (referred to in this section as the 
`pilot program') to provide grants for projects that seek to achieve--
            ``(1) a reduction in the number of wildlife-vehicle 
        collisions; and
            ``(2) in carrying out the purpose described in paragraph 
        (1), improved habitat connectivity for terrestrial and aquatic 
        species.
    ``(c) Eligible Entities.--An entity eligible to apply for a grant 
under the pilot program is--
            ``(1) a State highway agency, or an equivalent of that 
        agency;
            ``(2) a metropolitan planning organization (as defined in 
        section 134(b));
            ``(3) a unit of local government;
            ``(4) a regional transportation authority;
            ``(5) a special purpose district or public authority with a 
        transportation function, including a port authority;
            ``(6) an Indian tribe (as defined in section 207(m)(1)), 
        including a Native village and a Native Corporation (as those 
        terms are defined in section 3 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602));
            ``(7) a Federal land management agency; or
            ``(8) a group of any of the entities described in 
        paragraphs (1) through (7).
    ``(d) Applications.--
            ``(1) In general.--To be eligible to receive a grant under 
        the pilot program, an eligible entity shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(2) Requirement.--If an application under paragraph (1) 
        is submitted by an eligible entity other than an eligible 
        entity described in paragraph (1) or (7) of subsection (c), the 
        application shall include documentation that the State highway 
        agency, or an equivalent of that agency, of the State in which 
        the eligible entity is located was consulted during the 
        development of the application.
            ``(3) Guidance.--To enhance consideration of current and 
        reliable data, eligible entities may obtain guidance from an 
        agency in the State with jurisdiction over fish and wildlife.
    ``(e) Considerations.--In selecting grant recipients under the 
pilot program, the Secretary shall take into consideration the 
following:
            ``(1) Primarily, the extent to which the proposed project 
        of an eligible entity is likely to protect motorists and 
        wildlife by reducing the number of wildlife-vehicle collisions 
        and improve habitat connectivity for terrestrial and aquatic 
        species.
            ``(2) Secondarily, the extent to which the proposed project 
        of an eligible entity is likely to accomplish the following:
                    ``(A) Leveraging Federal investment by encouraging 
                non-Federal contributions to the project, including 
                projects from public-private partnerships.
                    ``(B) Supporting local economic development and 
                improvement of visitation opportunities.
                    ``(C) Incorporation of innovative technologies, 
                including advanced design techniques and other 
                strategies to enhance efficiency and effectiveness in 
                reducing wildlife-vehicle collisions and improving 
                habitat connectivity for terrestrial and aquatic 
                species.
                    ``(D) Provision of educational and outreach 
                opportunities.
                    ``(E) Monitoring and research to evaluate, compare 
                effectiveness of, and identify best practices in, 
                selected projects.
                    ``(F) Any other criteria relevant to reducing the 
                number of wildlife-vehicle collisions and improving 
                habitat connectivity for terrestrial and aquatic 
                species, as the Secretary determines to be appropriate, 
                subject to the condition that the implementation of the 
                pilot program shall not be delayed in the absence of 
                action by the Secretary to identify additional criteria 
                under this subparagraph.
    ``(f) Use of Funds.--
            ``(1) In general.--The Secretary shall ensure that a grant 
        received under the pilot program is used for a project to 
        reduce wildlife-vehicle collisions.
            ``(2) Grant administration.--
                    ``(A) In general.--A grant received under the pilot 
                program shall be administered by--
                            ``(i) in the case of a grant to a Federal 
                        land management agency or an Indian tribe (as 
                        defined in section 207(m)(1), including a 
                        Native village and a Native Corporation (as 
                        those terms are defined in section 3 of the 
                        Alaska Native Claims Settlement Act (43 U.S.C. 
                        1602))), the Federal Highway Administration, 
                        through an agreement; and
                            ``(ii) in the case of a grant to an 
                        eligible entity other than an eligible entity 
                        described in clause (i), the State highway 
                        agency, or an equivalent of that agency, for 
                        the State in which the project is to be carried 
                        out.
                    ``(B) Partnerships.--
                            ``(i) In general.--A grant received under 
                        the pilot program may be used to provide funds 
                        to eligible partners of the project for which 
                        the grant was received described in clause 
                        (ii), in accordance with the terms of the 
                        project agreement.
                            ``(ii) Eligible partners described.--The 
                        eligible partners referred to in clause (i) 
                        include--
                                    ``(I) a metropolitan planning 
                                organization (as defined in section 
                                134(b));
                                    ``(II) a unit of local government;
                                    ``(III) a regional transportation 
                                authority;
                                    ``(IV) a special purpose district 
                                or public authority with a 
                                transportation function, including a 
                                port authority;
                                    ``(V) an Indian tribe (as defined 
                                in section 207(m)(1)), including a 
                                Native village and a Native Corporation 
                                (as those terms are defined in section 
                                3 of the Alaska Native Claims 
                                Settlement Act (43 U.S.C. 1602));
                                    ``(VI) a Federal land management 
                                agency;
                                    ``(VII) a foundation, 
                                nongovernmental organization, or 
                                institution of higher education;
                                    ``(VIII) a Federal, Tribal, 
                                regional, or State government entity; 
                                and
                                    ``(IX) a group of any of the 
                                entities described in subclauses (I) 
                                through (VIII).
            ``(3) Compliance.--An eligible entity that receives a grant 
        under the pilot program and enters into a partnership described 
        in paragraph (2) shall establish measures to verify that an 
        eligible partner that receives funds from the grant complies 
        with the conditions of the pilot program in using those funds.
    ``(g) Requirement.--The Secretary shall ensure that not less than 
60 percent of the amounts made available for grants under the pilot 
program each fiscal year are for projects located in rural areas.
    ``(h) Annual Report to Congress.--
            ``(1) In general.--Not later than December 31 of each 
        calendar year, the Secretary shall submit to Congress, and make 
        publicly available, a report describing the activities under 
        the pilot program for the fiscal year that ends during that 
        calendar year.
            ``(2) Contents.--The report under paragraph (1) shall 
        include--
                    ``(A) a detailed description of the activities 
                carried out under the pilot program;
                    ``(B) an evaluation of the effectiveness of the 
                pilot program in meeting the purposes described in 
                subsection (b); and
                    ``(C) policy recommendations to improve the 
                effectiveness of the pilot program.''.
            (2) Clerical amendment.--The analysis for chapter 1 of 
        title 23, United States Code, is amended by inserting after the 
        item relating to section 170 the following:

``171. Wildlife crossings pilot program.''.
    (c) Wildlife Vehicle Collision Reduction and Habitat Connectivity 
Improvement.--
            (1) In general.--Chapter 1 of title 23, United States Code 
        (as amended by subsection (b)(1)), is amended by adding at the 
        end the following:
``Sec. 172. Wildlife-vehicle collision reduction and habitat 
              connectivity improvement
    ``(a) Study.--
            ``(1) In general.--The Secretary shall conduct a study 
        (referred to in this subsection as the `study') of the state, 
        as of the date of the study, of the practice of methods to 
        reduce collisions between motorists and wildlife (referred to 
        in this section as `wildlife-vehicle collisions').
            ``(2) Contents.--
                    ``(A) Areas of study.--The study shall--
                            ``(i) update and expand on, as 
                        appropriate--
                                    ``(I) the report entitled `Wildlife 
                                Vehicle Collision Reduction Study: 2008 
                                Report to Congress'; and
                                    ``(II) the document entitled 
                                `Wildlife Vehicle Collision Reduction 
                                Study: Best Practices Manual' and dated 
                                October 2008; and
                            ``(ii) include--
                                    ``(I) an assessment, as of the date 
                                of the study, of--
                                            ``(aa) the causes of 
                                        wildlife-vehicle collisions;
                                            ``(bb) the impact of 
                                        wildlife-vehicle collisions on 
                                        motorists and wildlife; and
                                            ``(cc) the impacts of roads 
                                        and traffic on habitat 
                                        connectivity for terrestrial 
                                        and aquatic species; and
                                    ``(II) solutions and best practices 
                                for--
                                            ``(aa) reducing wildlife-
                                        vehicle collisions; and
                                            ``(bb) improving habitat 
                                        connectivity for terrestrial 
                                        and aquatic species.
                    ``(B) Methods.--In carrying out the study, the 
                Secretary shall--
                            ``(i) conduct a thorough review of research 
                        and data relating to--
                                    ``(I) wildlife-vehicle collisions; 
                                and
                                    ``(II) habitat fragmentation that 
                                results from transportation 
                                infrastructure;
                            ``(ii) survey current practices of the 
                        Department of Transportation and State 
                        departments of transportation to reduce 
                        wildlife-vehicle collisions; and
                            ``(iii) consult with--
                                    ``(I) appropriate experts in the 
                                field of wildlife-vehicle collisions; 
                                and
                                    ``(II) appropriate experts on the 
                                effects of roads and traffic on habitat 
                                connectivity for terrestrial and 
                                aquatic species.
            ``(3) Report.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of the Surface Transportation 
                Reauthorization Act of 2021, the Secretary shall submit 
                to Congress a report on the results of the study.
                    ``(B) Contents.--The report under subparagraph (A) 
                shall include--
                            ``(i) a description of--
                                    ``(I) the causes of wildlife-
                                vehicle collisions;
                                    ``(II) the impacts of wildlife-
                                vehicle collisions; and
                                    ``(III) the impacts of roads and 
                                traffic on--
                                            ``(aa) species listed as 
                                        threatened species or 
                                        endangered species under the 
                                        Endangered Species Act of 1973 
                                        (16 U.S.C. 1531 et seq.);
                                            ``(bb) species identified 
                                        by States as species of 
                                        greatest conservation need;
                                            ``(cc) species identified 
                                        in State wildlife plans; and
                                            ``(dd) medium and small 
                                        terrestrial and aquatic 
                                        species;
                            ``(ii) an economic evaluation of the costs 
                        and benefits of installing highway 
                        infrastructure and other measures to mitigate 
                        damage to terrestrial and aquatic species, 
                        including the effect on jobs, property values, 
                        and economic growth to society, adjacent 
                        communities, and landowners;
                            ``(iii) recommendations for preventing 
                        wildlife-vehicle collisions, including 
                        recommended best practices, funding resources, 
                        or other recommendations for addressing 
                        wildlife-vehicle collisions; and
                            ``(iv) guidance, developed in consultation 
                        with Federal land management agencies and State 
                        departments of transportation, State fish and 
                        wildlife agencies, and Tribal governments that 
                        agree to participate, for developing, for each 
                        State that agrees to participate, a voluntary 
                        joint statewide transportation and wildlife 
                        action plan--
                                    ``(I) to address wildlife-vehicle 
                                collisions; and
                                    ``(II) to improve habitat 
                                connectivity for terrestrial and 
                                aquatic species.
    ``(b) Workforce Development and Technical Training.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the Surface Transportation Reauthorization Act of 
        2021, the Secretary shall, based on the study conducted under 
        subsection (a), develop a series of in-person and online 
        workforce development and technical training courses--
                    ``(A) to reduce wildlife-vehicle collisions; and
                    ``(B) to improve habitat connectivity for 
                terrestrial and aquatic species.
            ``(2) Availability.--The Secretary shall--
                    ``(A) make the series of courses developed under 
                paragraph (1) available for transportation and fish and 
                wildlife professionals; and
                    ``(B) update the series of courses not less 
                frequently than once every 2 years.
    ``(c) Standardization of Wildlife Collision and Carcass Data.--
            ``(1) Standardized methodology.--
                    ``(A) In general.--The Secretary, acting through 
                the Administrator of the Federal Highway Administration 
                (referred to in this subsection as the `Secretary'), 
                shall develop a quality standardized methodology for 
                collecting and reporting spatially accurate wildlife 
                collision and carcass data for the National Highway 
                System, considering the practicability of the 
                methodology with respect to technology and cost.
                    ``(B) Methodology.--In developing the standardized 
                methodology under subparagraph (A), the Secretary 
                shall--
                            ``(i) survey existing methodologies and 
                        sources of data collection, including the 
                        Fatality Analysis Reporting System, the General 
                        Estimates System of the National Automotive 
                        Sampling System, and the Highway Safety 
                        Information System; and
                            ``(ii) to the extent practicable, identify 
                        and correct limitations of those existing 
                        methodologies and sources of data collection.
                    ``(C) Consultation.--In developing the standardized 
                methodology under subparagraph (A), the Secretary shall 
                consult with--
                            ``(i) the Secretary of the Interior;
                            ``(ii) the Secretary of Agriculture, acting 
                        through the Chief of the Forest Service;
                            ``(iii) Tribal, State, and local 
                        transportation and wildlife authorities;
                            ``(iv) metropolitan planning organizations 
                        (as defined in section 134(b));
                            ``(v) members of the American Association 
                        of State Highway Transportation Officials;
                            ``(vi) members of the Association of Fish 
                        and Wildlife Agencies;
                            ``(vii) experts in the field of wildlife-
                        vehicle collisions;
                            ``(viii) nongovernmental organizations; and
                            ``(ix) other interested stakeholders, as 
                        appropriate.
            ``(2) Standardized national data system with voluntary 
        template implementation.--The Secretary shall--
                    ``(A) develop a template for State implementation 
                of a standardized national wildlife collision and 
                carcass data system for the National Highway System 
                that is based on the standardized methodology developed 
                under paragraph (1); and
                    ``(B) encourage the voluntary implementation of the 
                template developed under subparagraph (A).
            ``(3) Reports.--
                    ``(A) Methodology.--The Secretary shall submit to 
                Congress a report describing the standardized 
                methodology developed under paragraph (1) not later 
                than the later of--
                            ``(i) the date that is 18 months after the 
                        date of enactment of the Surface Transportation 
                        Reauthorization Act of 2021; and
                            ``(ii) the date that is 180 days after the 
                        date on which the Secretary completes the 
                        development of the standardized methodology.
                    ``(B) Implementation.--Not later than 4 years after 
                the date of enactment of the Surface Transportation 
                Reauthorization Act of 2021, the Secretary shall submit 
                to Congress a report describing--
                            ``(i) the status of the voluntary 
                        implementation of the standardized methodology 
                        developed under paragraph (1) and the template 
                        developed under paragraph (2)(A);
                            ``(ii) whether the implementation of the 
                        standardized methodology developed under 
                        paragraph (1) and the template developed under 
                        paragraph (2)(A) has impacted efforts by 
                        States, units of local government, and other 
                        entities--
                                    ``(I) to reduce the number of 
                                wildlife-vehicle collisions; and
                                    ``(II) to improve habitat 
                                connectivity;
                            ``(iii) the degree of the impact described 
                        in clause (ii); and
                            ``(iv) the recommendations of the 
                        Secretary, including recommendations for 
                        further study aimed at reducing motorist 
                        collisions involving wildlife and improving 
                        habitat connectivity for terrestrial and 
                        aquatic species on the National Highway System, 
                        if any.
    ``(d) National Threshold Guidance.--The Secretary shall--
            ``(1) establish guidance, to be carried out by States on a 
        voluntary basis, that contains a threshold for determining 
        whether a highway shall be evaluated for potential mitigation 
        measures to reduce wildlife-vehicle collisions and increase 
        habitat connectivity for terrestrial and aquatic species, 
        taking into consideration--
                    ``(A) the number of wildlife-vehicle collisions on 
                the highway that pose a human safety risk;
                    ``(B) highway-related mortality and the effects of 
                traffic on the highway on--
                            ``(i) species listed as endangered species 
                        or threatened species under the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et seq.);
                            ``(ii) species identified by a State as 
                        species of greatest conservation need;
                            ``(iii) species identified in State 
                        wildlife plans; and
                            ``(iv) medium and small terrestrial and 
                        aquatic species; and
                    ``(C) habitat connectivity values for terrestrial 
                and aquatic species and the barrier effect of the 
                highway on the movements and migrations of those 
                species.''.
            (2) Clerical amendment.--The analysis for chapter 1 of 
        title 23, United States Code (as amended by subsection (b)(2)) 
        is amended by inserting after the item relating to section 171 
        the following:

``172. Wildlife-vehicle collision reduction and habitat connectivity 
                            improvement.''.
    (d) Wildlife Crossings Standards.--Section 109(c)(2) of title 23, 
United States Code, is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) the publication of the Federal Highway 
                Administration entitled `Wildlife Crossing Structure 
                Handbook: Design and Evaluation in North America' and 
                dated March 2011; and''.
    (e) Wildlife Habitat Connectivity and National Bridge and Tunnel 
Inventory and Inspection Standards.--Section 144 of title 23, United 
States Code, is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (B), by inserting ``, 
                resilience,'' after ``safety'';
                    (B) in subparagraph (D), by striking ``and'' at the 
                end;
                    (C) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(F) to ensure adequate passage of aquatic and 
                terrestrial species, where appropriate.'';
            (2) in subsection (b)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) determine if the replacement or rehabilitation of 
        bridges and tunnels should include measures to enable safe and 
        unimpeded movement for terrestrial and aquatic species.''; and
            (3) in subsection (i), by adding at the end the following:
            ``(3) Requirement.--The first revision under paragraph (2) 
        after the date of enactment of the Surface Transportation 
        Reauthorization Act of 2021 shall include techniques to assess 
        passage of aquatic and terrestrial species and habitat 
        restoration potential.''.

SEC. 1124. CONSOLIDATION OF PROGRAMS.

    Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat. 574; 129 
Stat. 1423) is amended, in the matter preceding paragraph (1), by 
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal 
years 2022 through 2026''.

SEC. 1125. STATE FREIGHT ADVISORY COMMITTEES.

    Section 70201 of title 49, United States Code, is amended--
            (1) in subsection (a), by striking ``representatives of 
        ports, freight railroads,'' and all that follows through the 
        period at the end and inserting the following: 
        ``representatives of--
            ``(1) ports, if applicable;
            ``(2) freight railroads, if applicable;
            ``(3) shippers;
            ``(4) carriers;
            ``(5) freight-related associations;
            ``(6) third-party logistics providers;
            ``(7) the freight industry workforce;
            ``(8) the transportation department of the State;
            ``(9) metropolitan planning organizations;
            ``(10) local governments;
            ``(11) the environmental protection department of the 
        State, if applicable;
            ``(12) the air resources board of the State, if applicable; 
        and
            ``(13) economic development agencies of the State.'';
            (2) in subsection (b)(5), by striking ``70202.'' and 
        inserting ``70202, including by providing advice regarding the 
        development of the freight investment plan.'';
            (3) by redesignating subsection (b) as subsection (c); and
            (4) by inserting after subsection (a) the following:
    ``(b) Qualifications.--Each member of a freight advisory committee 
established under subsection (a) shall have qualifications sufficient 
to serve on a freight advisory committee, including, as applicable--
            ``(1) general business and financial experience;
            ``(2) experience or qualifications in the areas of freight 
        transportation and logistics;
            ``(3) experience in transportation planning;
            ``(4) experience representing employees of the freight 
        industry; or
            ``(5) experience representing a State, local government, or 
        metropolitan planning organization.''.

SEC. 1126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

    Section 165 of title 23, United States Code, is amended--
            (1) in subsection (a), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) for the Puerto Rico highway program under subsection 
        (b)--
                    ``(A) $173,010,000 shall be for fiscal year 2022;
                    ``(B) $176,960,000 shall be for fiscal year 2023;
                    ``(C) $180,120,000 shall be for fiscal year 2024;
                    ``(D) $183,675,000 shall be for fiscal year 2025; 
                and
                    ``(E) $187,230,000 shall be for fiscal year 2026; 
                and
            ``(2) for the territorial highway program under subsection 
        (c)--
                    ``(A) $45,990,000 shall be for fiscal year 2022;
                    ``(B) $47,040,000 shall be for fiscal year 2023;
                    ``(C) $47,880,000 shall be for fiscal year 2024;
                    ``(D) $48,825,000 shall be for fiscal year 2025; 
                and
                    ``(E) $49,770,000 shall be for fiscal year 2026.'';
            (2) in subsection (b)(2)(C)(iii), by inserting ``and 
        preventative maintenance on the National Highway System'' after 
        ``chapter 1''; and
            (3) in subsection (c)(7), by striking ``paragraphs (1) 
        through (4) of section 133(c) and section 133(b)(12)'' and 
        inserting ``paragraphs (1), (2), (3), and (5) of section 133(c) 
        and section 133(b)(13)''.

SEC. 1127. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS 
              PROGRAM.

    Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114-
94) is amended--
            (1) in subsection (c)(3), by striking ``$25,000,000'' and 
        all that follows through the period at the end and inserting 
        ``$12,500,000.'';
            (2) in subsection (g)--
                    (A) by striking the subsection designation and 
                heading and all that follows through ``The Federal'' in 
                paragraph (1) and inserting the following:
    ``(g) Cost Share.--
            ``(1) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal'';
                    (B) in paragraph (1), by adding at the end the 
                following:
                    ``(B) Tribal projects.--In the case of a project on 
                a tribal transportation facility (as defined in section 
                101(a) of title 23, United States Code), the Federal 
                share of the cost of the project shall be 100 
                percent.''; and
                    (C) in paragraph (2), by striking ``other than 
                those made available under title 23 or title 49, United 
                States Code,''; and
            (3) by striking subsection (h) and inserting the following:
    ``(h) Use of Funds.--
            ``(1) In general.--For each fiscal year, of the amounts 
        made available to carry out this section--
                    ``(A) 50 percent shall be used for eligible 
                projects on Federal lands transportation facilities and 
                Federal lands access transportation facilities (as 
                those terms are defined in section 101(a) of title 23, 
                United States Code); and
                    ``(B) 50 percent shall be used for eligible 
                projects on tribal transportation facilities (as 
                defined in section 101(a) of title 23, United States 
                Code).
            ``(2) Requirement.--Not less than 1 eligible project 
        carried out using the amount described in paragraph (1)(A) 
        shall be in a unit of the National Park System with not less 
        than 3,000,000 annual visitors.
            ``(3) Availability.--Amounts made available to carry out 
        this section shall remain available for a period of 3 fiscal 
        years following the fiscal year for which the amounts are 
        appropriated.''.

SEC. 1128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

    Section 1123(h) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141) 
is amended--
            (1) by redesignating paragraph (2) as paragraph (3);
            (2) in paragraph (3) (as so redesignated), in the matter 
        preceding subparagraph (A), by striking ``paragraph (1)'' and 
        inserting ``paragraphs (1) and (2)''; and
            (3) by striking the subsection designation and heading and 
        all that follows through the period at the end of paragraph (1) 
        and inserting the following:
    ``(h) Funding.--
            ``(1) Set-aside.--For each of fiscal years 2022 through 
        2026, of the amounts made available to carry out the tribal 
        transportation program under section 202 of title 23, United 
        States Code, for that fiscal year, the Secretary shall use 
        $9,000,000 to carry out the program.
            ``(2) Authorization of appropriations.--In addition to 
        amounts made available under paragraph (1), there is authorized 
        to be appropriated $30,000,000 out of the general fund of the 
        Treasury to carry out the program for each of fiscal years 2022 
        through 2026.''.

SEC. 1129. STANDARDS.

    Section 109 of title 23, United States Code, is amended--
            (1) in subsection (d)--
                    (A) by striking ``(d) On any'' and inserting the 
                following:
    ``(d) Manual on Uniform Traffic Control Devices.--
            ``(1) In general.--On any'';
                    (B) in paragraph (1) (as so designated), by 
                striking ``promote the safe'' and inserting ``promote 
                the safety, inclusion, and mobility of all users''; and
                    (C) by adding at the end the following:
            ``(2) Updates.--Not later than 18 months after the date of 
        enactment of the Surface Transportation Reauthorization Act of 
        2021 and not less frequently than every 4 years thereafter, the 
        Secretary shall update the Manual on Uniform Traffic Control 
        Devices.'';
            (2) in subsection (o)--
                    (A) by striking ``Projects'' and inserting:
                    ``(A) In general.--Projects''; and
                    (B) by inserting at the end the following:
                    ``(B) Local jurisdictions.--Notwithstanding 
                subparagraph (A), a local jurisdiction may use a 
                roadway design guide recognized by the Federal Highway 
                Administration and adopted by the local jurisdiction 
                that is different from the roadway design guide used by 
                the State in which the local jurisdiction is located 
                for the design of projects on all roadways under the 
                ownership of the local jurisdiction (other than a 
                highway on the National Highway System) for which the 
                local jurisdiction is the project sponsor, provided 
                that the design complies with all other applicable 
                Federal laws.''; and
            (3) by adding at the end the following:
    ``(s) Electric Vehicle Charging Stations.--
            ``(1) Standards.--Electric vehicle charging infrastructure 
        installed using funds provided under this title shall provide, 
        at a minimum--
                    ``(A) non-proprietary charging connectors that meet 
                applicable industry safety standards; and
                    ``(B) open access to payment methods that are 
                available to all members of the public to ensure 
                secure, convenient, and equal access to the electric 
                vehicle charging infrastructure that shall not be 
                limited by membership to a particular payment provider.
            ``(2) Treatment of projects.--Notwithstanding any other 
        provision of law, a project to install electric vehicle 
        charging infrastructure using funds provided under this title 
        shall be treated as if the project is located on a Federal-aid 
        highway.''.

SEC. 1130. PUBLIC TRANSPORTATION.

    (a) In General.--Section 142(a) of title 23, United States Code, is 
amended by adding at the end the following:
            ``(3) Bus corridors.--In addition to the projects described 
        in paragraphs (1) and (2), the Secretary may approve payment 
        from sums apportioned under paragraph (2) or (7) of section 
        104(b) for carrying out a capital project for the construction 
        of a bus rapid transit corridor or dedicated bus lanes, 
        including the construction or installation of--
                    ``(A) traffic signaling and prioritization systems;
                    ``(B) redesigned intersections that are necessary 
                for the establishment of a bus rapid transit corridor;
                    ``(C) on-street stations;
                    ``(D) fare collection systems;
                    ``(E) information and wayfinding systems; and
                    ``(F) depots.''.
    (b) Technical Correction.--Section 142 of title 23, United States 
Code, is amended by striking subsection (i).

SEC. 1131. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR ECONOMIC 
              SUCCESS COUNCIL.

    (a) Definitions.--In this section:
            (1) Council.--The term ``Council'' means the Rural 
        Opportunities to Use Transportation for Economic Success 
        Council, or the ROUTES Council, established under subsection 
        (b).
            (2) Disadvantaged rural community.--The term 
        ``disadvantaged rural community'' means a community--
                    (A) in a rural area; and
                    (B) the annual median household income of which is 
                less than 80 percent of the annual median household 
                income of the State in which the community is located.
            (3) Discretionary funding and financing programs.--The term 
        ``discretionary funding and financing programs'' means--
                    (A) the programs described in section 116(d)(1) of 
                title 49, United States Code; and
                    (B) any other program of the Department, as 
                determined by the Secretary.
            (4) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (5) Rural area.--The term ``rural area'' means an area that 
        is outside an urbanized area with a population of over 200,000.
    (b) Establishment.--The Secretary shall establish in the Department 
a council, to be known as the ``Rural Opportunities to Use 
Transportation for Economic Success Council'', or the ``ROUTES 
Council'', to coordinate with--
            (1) modal administrations and offices of the Department; 
        and
            (2) other Federal agencies, as appropriate--
                    (A) to ensure that the unique transportation needs 
                and attributes of rural areas, Indian Tribes, and 
                disadvantaged rural communities are fully addressed 
                during the development and implementation of programs, 
                policies, and activities of the Department;
                    (B) to increase coordination of programs, policies, 
                and activities of the Department in a manner that 
                improves and expands transportation infrastructure in 
                order to further economic development in, and the 
                qualify of life of, rural areas, Indian Tribes, and 
                disadvantaged rural communities; and
                    (C) to provide rural areas, Indian Tribes, and 
                disadvantaged rural communities with proactive 
                outreach--
                            (i) to improve access to discretionary 
                        funding and financing programs; and
                            (ii) to facilitate timely resolution on 
                        environmental reviews for complex or high-
                        priority projects.
    (c) Membership; Chairperson.--The Council shall be composed of--
            (1) the Deputy Secretary of Transportation, who shall serve 
        as the chairperson of the Council;
            (2) the Under Secretary of Transportation for Policy;
            (3) the General Counsel of the Department;
            (4) the Chief Financial Officer and Assistant Secretary for 
        Budget and Programs;
            (5) the Assistant Secretary for Research and Technology;
            (6) the Assistant Secretary for Transportation Policy;
            (7) the Deputy Assistant Secretary for Tribal Government 
        Affairs;
            (8) the Administrator of each of--
                    (A) the Federal Highway Administration;
                    (B) the Federal Railroad Administration; and
                    (C) the Federal Transit Administration; and
            (9) such other individuals, who shall serve as at-large 
        members, as the Secretary may designate.
    (d) Duties.--The Council shall--
            (1) educate and provide technical assistance to rural 
        areas, Indian Tribes, and disadvantaged rural communities with 
        respect to discretionary funding and financing programs;
            (2) carry out research and utilize innovative approaches to 
        resolve the transportation challenges faced by rural areas, 
        Indian Tribes, and disadvantaged rural communities;
            (3) gather input from knowledgeable entities and the public 
        relating to--
                    (A) the benefits of transportation projects to 
                rural areas, Indian Tribes, and disadvantaged rural 
                communities; and
                    (B) the barriers to advancing those projects; and
            (4) perform such other duties, as determined by the 
        Secretary.
    (e) Additional Staffing.--The Secretary shall ensure the Council 
has adequate staff support to carry out the duties of the Council under 
subsection (d).
    (f) Report.--The Council shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives an 
annual report that describes the activities carried out by the Council 
under subsection (d).

SEC. 1132. RESERVATION OF CERTAIN FUNDS.

    (a) Open Container Requirements.--Section 154(c)(2) of title 23, 
United States Code, is amended--
            (1) in the paragraph heading, by striking ``2012'' and 
        inserting ``2022'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) Reservation of funds.--
                            ``(i) In general.--On October 1, 2021, and 
                        each October 1 thereafter, in the case of a 
                        State described in clause (ii), the Secretary 
                        shall reserve an amount equal to 2.5 percent of 
                        the funds to be apportioned to the State on 
                        that date under each of paragraphs (1) and (2) 
                        of section 104(b) until the State certifies to 
                        the Secretary the means by which the State will 
                        use those reserved funds in accordance with 
                        subparagraphs (A) and (B) of paragraph (1), and 
                        paragraph (3).
                            ``(ii) States described.--A State referred 
                        to in clause (i) is a State--
                                    ``(I) that has not enacted or is 
                                not enforcing an open container law 
                                described in subsection (b); and
                                    ``(II) for which the Secretary 
                                determined for the prior fiscal year 
                                that the State had not enacted or was 
                                not enforcing an open container law 
                                described in subsection (b).''; and
            (3) in subparagraph (B), in the matter preceding clause 
        (i), by striking ``subparagraph (A)'' and inserting 
        ``subparagraph (A)(i)''.
    (b) Repeat Intoxicated Driver Laws.--Section 164(b)(2) of title 23, 
United States Code, is amended--
            (1) in the paragraph heading, by striking ``2012'' and 
        inserting ``2022'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) Reservation of funds.--
                            ``(i) In general.--On October 1, 2021, and 
                        each October 1 thereafter, in the case of a 
                        State described in clause (ii), the Secretary 
                        shall reserve an amount equal to 2.5 percent of 
                        the funds to be apportioned to the State on 
                        that date under each of paragraphs (1) and (2) 
                        of section 104(b) until the State certifies to 
                        the Secretary the means by which the State will 
                        use those reserved funds in accordance with 
                        subparagraphs (A) and (B) of paragraph (1), and 
                        paragraph (3).
                            ``(ii) States described.--A State referred 
                        to in clause (i) is a State--
                                    ``(I) that has not enacted or is 
                                not enforcing a repeat intoxicated 
                                driver law; and
                                    ``(II) for which the Secretary 
                                determined for the prior fiscal year 
                                that the State had not enacted or was 
                                not enforcing a repeat intoxicated 
                                driver law.''; and
            (3) in subparagraph (B), in the matter preceding clause 
        (i), by striking ``subparagraph (A)'' and inserting 
        ``subparagraph (A)(i)''.

SEC. 1133. RURAL SURFACE TRANSPORTATION GRANT PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 1123(c)(1)), is amended by adding at the end the 
following:
``Sec. 173. Rural surface transportation grant program
    ``(a) Definitions.--In this section:
            ``(1) Program.--The term `program' means the program 
        established under subsection (b)(1).
            ``(2) Rural area.--The term `rural area' means an area that 
        is outside an urbanized area with a population of over 200,000.
    ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish a rural 
        surface transportation grant program to provide grants, on a 
        competitive basis, to eligible entities to improve and expand 
        the surface transportation infrastructure in rural areas.
            ``(2) Goals.--The goals of the program shall be--
                    ``(A) to increase connectivity;
                    ``(B) to improve the safety and reliability of the 
                movement of people and freight; and
                    ``(C) to generate regional economic growth and 
                improve quality of life.
            ``(3) Grant administration.--The Secretary may--
                    ``(A) retain not more than a total of 2 percent of 
                the funds made available to carry out the program and 
                to review applications for grants under the program; 
                and
                    ``(B) transfer portions of the funds retained under 
                subparagraph (A) to the relevant Administrators to fund 
                the award and oversight of grants provided under the 
                program.
    ``(c) Eligible Entities.--The Secretary may make a grant under the 
program to--
            ``(1) a State;
            ``(2) a regional transportation planning organization;
            ``(3) a unit of local government;
            ``(4) a Tribal government or a consortium of Tribal 
        governments; and
            ``(5) a multijurisdictional group of entities described in 
        paragraphs (1) through (4).
    ``(d) Applications.--To be eligible to receive a grant under the 
program, an eligible entity shall submit to the Secretary an 
application in such form, at such time, and containing such information 
as the Secretary may require.
    ``(e) Eligible Projects.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary may make a grant under the program only for a project 
        that is--
                    ``(A) a highway, bridge, or tunnel project eligible 
                under section 119(d);
                    ``(B) a highway, bridge, or tunnel project eligible 
                under section 133(b);
                    ``(C) a project eligible under section 202(a);
                    ``(D) a highway freight project eligible under 
                section 167(h)(5);
                    ``(E) a highway safety improvement project, 
                including a project to improve a high risk rural road 
                (as those terms are defined in section 148(a));
                    ``(F) a project on a publicly-owned highway or 
                bridge that provides or increases access to an 
                agricultural, commercial, energy, or intermodal 
                facility that supports the economy of a rural area; or
                    ``(G) a project to develop, establish, or maintain 
                an integrated mobility management system, a 
                transportation demand management system, or on-demand 
                mobility services.
            ``(2) Bundling of eligible projects.--
                    ``(A) In general.--An eligible entity may bundle 2 
                or more similar eligible projects under the program 
                that are--
                            ``(i) included as a bundled project in a 
                        statewide transportation improvement program 
                        under section 135; and
                            ``(ii) awarded to a single contractor or 
                        consultant pursuant to a contract for 
                        engineering and design or construction between 
                        the contractor and the eligible entity.
                    ``(B) Itemization.--Notwithstanding any other 
                provision of law (including regulations), a bundling of 
                eligible projects under this paragraph may be 
                considered to be a single project, including for 
                purposes of section 135.
    ``(f) Eligible Project Costs.--An eligible entity may use funds 
from a grant under the program for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements.
    ``(g) Project Requirements.--The Secretary may provide a grant 
under the program to an eligible project only if the Secretary 
determines that the project--
            ``(1) will generate regional economic, mobility, or safety 
        benefits;
            ``(2) will be cost effective;
            ``(3) will contribute to the accomplishment of 1 or more of 
        the national goals under section 150;
            ``(4) is based on the results of preliminary engineering; 
        and
            ``(5) is reasonably expected to begin construction not 
        later than 18 months after the date of obligation of funds for 
        the project.
    ``(h) Additional Considerations.--In providing grants under the 
program, the Secretary shall consider the extent to which an eligible 
project will--
            ``(1) improve the state of good repair of existing highway, 
        bridge, and tunnel facilities;
            ``(2) increase the capacity or connectivity of the surface 
        transportation system and improve mobility for residents of 
        rural areas;
            ``(3) address economic development and job creation 
        challenges, including energy sector job losses in energy 
        communities as identified in the report released in April 2021 
        by the interagency working group established by section 218 of 
        Executive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021));
            ``(4) enhance recreational and tourism opportunities by 
        providing access to Federal land, national parks, national 
        forests, national recreation areas, national wildlife refuges, 
        wilderness areas, or State parks;
            ``(5) contribute to geographic diversity among grant 
        recipients;
            ``(6) utilize innovative project delivery approaches or 
        incorporate transportation technologies;
            ``(7) coordinate with projects to address broadband 
        infrastructure needs; or
            ``(8) improve access to emergency care, essential services, 
        healthcare providers, or drug and alcohol treatment and 
        rehabilitation resources.
    ``(i) Grant Amount.--Except as provided in subsection (k)(1), a 
grant under the program shall be in an amount that is not less than 
$25,000,000.
    ``(j) Federal Share.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of a project carried out with a grant 
        under the program may not exceed 80 percent.
            ``(2) Federal share for certain projects.--The Federal 
        share of the cost of an eligible project that furthers the 
        completion of a designated segment of the Appalachian 
        Development Highway System under section 14501 of title 40, or 
        addresses a surface transportation infrastructure need 
        identified for the Denali access system program under section 
        309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; 
        Public Law 105-277) shall be up to 100 percent, as determined 
        by the State.
            ``(3) Use of other federal assistance.--Federal assistance 
        other than a grant under the program may be used to satisfy the 
        non-Federal share of the cost of a project carried out with a 
        grant under the program.
    ``(k) Set Asides.--
            ``(1) Small projects.--The Secretary shall use not more 
        than 10 percent of the amounts made available for the program 
        for each fiscal year to provide grants for eligible projects in 
        an amount that is less than $25,000,000.
            ``(2) Appalachian development highway system.--The 
        Secretary shall reserve 25 percent of the amounts made 
        available for the program for each fiscal year for eligible 
        projects that further the completion of designated routes of 
        the Appalachian Development Highway System under section 14501 
        of title 40.
            ``(3) Rural roadway lane departures.--The Secretary shall 
        reserve 15 percent of the amounts made available for the 
        program for each fiscal year to provide grants for eligible 
        projects located in States that have rural roadway fatalities 
        as a result of lane departures that are greater than the 
        average of rural roadway fatalities as a result of lane 
        departures in the United States, based on the latest available 
        data from the Secretary.
            ``(4) Excess funding.--In any fiscal year in which 
        qualified applications for grants under this subsection do not 
        allow for the amounts reserved under paragraphs (1), (2), or 
        (3) to be fully utilized, the Secretary shall use the 
        unutilized amounts to make other grants under the program.
    ``(l) Congressional Review.--
            ``(1) Notification.--Not less than 60 days before providing 
        a grant under the program, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives--
                    ``(A) a list of all applications determined to be 
                eligible for a grant by the Secretary;
                    ``(B) each application proposed to be selected for 
                a grant, including a justification for the selection; 
                and
                    ``(C) proposed grant amounts.
            ``(2) Committee review.--Before the last day of the 60-day 
        period described in paragraph (1), each Committee described in 
        paragraph (1) shall review the list of proposed projects 
        submitted by the Secretary.
            ``(3) Congressional disapproval.--The Secretary may not 
        make a grant or any other obligation or commitment to fund a 
        project under the program if a joint resolution is enacted 
        disapproving funding for the project before the last day of the 
        60-day period described in paragraph (1).
    ``(m) Transparency.--
            ``(1) In general.--Not later than 30 days after providing a 
        grant for a project under the program, the Secretary shall 
        provide to all applicants, and publish on the website of the 
        Department of Transportation, the information described in 
        subsection (l)(1).
            ``(2) Briefing.--The Secretary shall provide, on the 
        request of an eligible entity, the opportunity to receive a 
        briefing to explain any reasons the eligible entity was not 
        selected to receive a grant under the program.
    ``(n) Reports.--
            ``(1) Annual report.--The Secretary shall make available on 
        the website of the Department of Transportation at the end of 
        each fiscal year an annual report that lists each project for 
        which a grant has been provided under the program during that 
        fiscal year.
            ``(2) Comptroller general.--
                    ``(A) Assessment.--The Comptroller General of the 
                United States shall conduct an assessment of the 
                administrative establishment, solicitation, selection, 
                and justification process with respect to the awarding 
                of grants under the program for each fiscal year.
                    ``(B) Report.--Each fiscal year, the Comptroller 
                General shall submit to the Committee on Environment 
                and Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report that describes, for the fiscal 
                year--
                            ``(i) the adequacy and fairness of the 
                        process by which each project was selected, if 
                        applicable; and
                            ``(ii) the justification and criteria used 
                        for the selection of each project, if 
                        applicable.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section (1123(c)(2)), is amended by 
inserting after the item relating to section 172 the following:

``173. Rural surface transportation grant program.''.

SEC. 1134. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

    Section 217 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``pedestrian walkways and bicycle'' 
                and inserting ``pedestrian walkways and bicycle and 
                shared micromobility''; and
                    (B) by striking ``safe bicycle use'' and inserting 
                ``safe access for bicyclists and pedestrians'';
            (2) in subsection (d), by striking ``a position'' and 
        inserting ``up to 2 positions'';
            (3) in subsection (e), by striking ``bicycles'' each place 
        it appears and inserting ``pedestrians or bicyclists'';
            (4) in subsection (f), by striking ``and a bicycle'' and 
        inserting ``or a bicycle or shared micromobility''; and
            (5) in subsection (j), by striking paragraph (2) and 
        inserting the following:
            ``(2) Electric bicycle.--
                    ``(A) In general.--The term `electric bicycle' 
                means a bicycle--
                            ``(i) equipped with fully operable pedals, 
                        a saddle or seat for the rider, and an electric 
                        motor of less than 750 watts;
                            ``(ii) that can safely share a bicycle 
                        transportation facility with other users of 
                        such facility; and
                            ``(iii) that is a class 1 electric bicycle, 
                        class 2 electric bicycle, or class 3 electric 
                        bicycle.
                    ``(B) Classes of electric bicycles.--
                            ``(i) Class 1 electric bicycle.--For 
                        purposes of subparagraph (A)(iii), the term 
                        `class 1 electric bicycle' means an electric 
                        bicycle, other than a class 3 electric bicycle, 
                        equipped with a motor that--
                                    ``(I) provides assistance only when 
                                the rider is pedaling; and
                                    ``(II) ceases to provide assistance 
                                when the speed of the bicycle reaches 
                                or exceeds 20 miles per hour.
                            ``(ii) Class 2 electric bicycle.--For 
                        purposes of subparagraph (A)(iii), the term 
                        `class 2 electric bicycle' means an electric 
                        bicycle equipped with a motor that--
                                    ``(I) may be used exclusively to 
                                propel the bicycle; and
                                    ``(II) is not capable of providing 
                                assistance when the speed of the 
                                bicycle reaches or exceeds 20 miles per 
                                hour.
                            ``(iii) Class 3 electric bicycle.--For 
                        purposes of subparagraph (A)(iii), the term 
                        `class 3 electric bicycle' means an electric 
                        bicycle equipped with a motor that--
                                    ``(I) provides assistance only when 
                                the rider is pedaling; and
                                    ``(II) ceases to provide assistance 
                                when the speed of the bicycle reaches 
                                or exceeds 28 miles per hour.''.

SEC. 1135. RECREATIONAL TRAILS PROGRAM.

    Section 206 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(j) Use of Other Apportioned Funds.--Funds apportioned to a State 
under section 104(b) that are obligated for a recreational trail or a 
related project shall be administered as if the funds were made 
available to carry out this section.''.

SEC. 1136. UPDATES TO MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.

    In carrying out the first update to the Manual on Uniform Traffic 
Control Devices under section 109(d)(2) of title 23, United States 
Code, to the greatest extent practicable, the Secretary shall include 
updates necessary to provide for--
            (1) the protection of vulnerable road users (as defined in 
        section 148(a) of title 23, United States Code);
            (2) supporting the safe testing of automated vehicle 
        technology and any preparation necessary for the safe 
        integration of automated vehicles onto public streets;
            (3) appropriate use of variable message signs to enhance 
        public safety;
            (4) the minimum retroreflectivity of traffic control 
        devices and pavement markings; and
            (5) any additional recommendations made by the National 
        Committee on Uniform Traffic Control Devices that have not been 
        incorporated into the Manual on Uniform Traffic Control 
        Devices.

            Subtitle B--Planning and Performance Management

SEC. 1201. TRANSPORTATION PLANNING.

    (a) Metropolitan Transportation Planning.--Section 134 of title 23, 
United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (3), by adding at the end the 
                following:
                    ``(D) Considerations.--In designating officials or 
                representatives under paragraph (2) for the first time, 
                subject to the bylaws or enabling statute of the 
                metropolitan planning organization, the metropolitan 
                planning organization shall consider the equitable and 
                proportional representation of the population of the 
                metropolitan planning area.''; and
                    (B) in paragraph (7)--
                            (i) by striking ``an existing metropolitan 
                        planning area'' and inserting ``an existing 
                        urbanized area (as defined by the Bureau of the 
                        Census)''; and
                            (ii) by striking ``the existing 
                        metropolitan planning area'' and inserting 
                        ``the area'';
            (2) in subsection (g)--
                    (A) in paragraph (1), by striking ``a metropolitan 
                area'' and inserting ``an urbanized area (as defined by 
                the Bureau of the Census)''; and
                    (B) by adding at the end the following:
            ``(4) Coordination between MPOs.--If more than 1 
        metropolitan planning organization is designated within an 
        urbanized area (as defined by the Bureau of the Census) under 
        subsection (d)(7), the metropolitan planning organizations 
        designated within the area shall ensure, to the maximum extent 
        practicable, the consistency of any data used in the planning 
        process, including information used in forecasting travel 
        demand.
            ``(5) Savings clause.--Nothing in this subsection requires 
        metropolitan planning organizations designated within a single 
        urbanized area to jointly develop planning documents, including 
        a unified long-range transportation plan or unified TIP.'';
            (3) in subsection (i)(6), by adding at the end the 
        following:
                    ``(D) Use of technology.--A metropolitan planning 
                organization may use social media and other web-based 
                tools--
                            ``(i) to further encourage public 
                        participation; and
                            ``(ii) to solicit public feedback during 
                        the transportation planning process.''; and
            (4) in subsection (p), by striking ``paragraphs (5)(D) and 
        (6) of section 104(b) of this title'' and inserting ``section 
        104(b)(6)''.
    (b) Statewide and Nonmetropolitan Transportation Planning.--Section 
135(f)(3) of title 23, United States Code, is amended by adding at the 
end the following:
                    ``(C) Use of technology.--A State may use social 
                media and other web-based tools--
                            ``(i) to further encourage public 
                        participation; and
                            ``(ii) to solicit public feedback during 
                        the transportation planning process.''.
    (c) Conforming Amendment.--Section 135(i) of title 23, United 
States Code, is amended by striking ``paragraphs (5)(D) and (6) of 
section 104(b) of this title'' and inserting ``section 104(b)(6)''.

SEC. 1202. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of 
Federal Regulations, to ensure that the outer years of a metropolitan 
transportation plan are defined as ``beyond the first 4 years''.

SEC. 1203. STATE HUMAN CAPITAL PLANS.

    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 1133(a)), is amended by adding at the end the 
following:
``Sec. 174. State human capital plans
    ``(a) In General.--Not later than 18 months after the date of 
enactment of this section, the Secretary shall encourage each State to 
develop a voluntary plan, to be known as a `human capital plan', that 
provides for the immediate and long-term personnel and workforce needs 
of the State with respect to the capacity of the State to deliver 
transportation and public infrastructure eligible under this title.
    ``(b) Plan Contents.--
            ``(1) In general.--A human capital plan developed by a 
        State under subsection (a) shall, to the maximum extent 
        practicable, take into consideration--
                    ``(A) significant transportation workforce trends, 
                needs, issues, and challenges with respect to the 
                State;
                    ``(B) the human capital policies, strategies, and 
                performance measures that will guide the 
                transportation-related workforce investment decisions 
                of the State;
                    ``(C) coordination with educational institutions, 
                industry, organized labor, workforce boards, and other 
                agencies or organizations to address the human capital 
                transportation needs of the State;
                    ``(D) a workforce planning strategy that identifies 
                current and future human capital needs, including the 
                knowledge, skills, and abilities needed to recruit and 
                retain skilled workers in the transportation industry;
                    ``(E) a human capital management strategy that is 
                aligned with the transportation mission, goals, and 
                organizational objectives of the State;
                    ``(F) an implementation system for workforce goals 
                focused on addressing continuity of leadership and 
                knowledge sharing across the State;
                    ``(G) an implementation system that addresses 
                workforce competency gaps, particularly in mission-
                critical occupations;
                    ``(H) in the case of public-private partnerships or 
                other alternative project delivery methods to carry out 
                the transportation program of the State, a description 
                of workforce needs--
                            ``(i) to ensure that the transportation 
                        mission, goals, and organizational objectives 
                        of the State are fully carried out; and
                            ``(ii) to ensure that procurement methods 
                        provide the best public value;
                    ``(I) a system for analyzing and evaluating the 
                performance of the State department of transportation 
                with respect to all aspects of human capital management 
                policies, programs, and activities; and
                    ``(J) the manner in which the plan will improve the 
                ability of the State to meet the national policy in 
                support of performance management established under 
                section 150.
            ``(2) Planning period.--If a State develops a human capital 
        plan under subsection (a), the plan shall address a 5-year 
        forecast period.
    ``(c) Plan Updates.--If a State develops a human capital plan under 
subsection (a), the State shall update the plan not less frequently 
than once every 5 years.
    ``(d) Relationship to Long-range Plan.--
            ``(1) In general.--Subject to paragraph (2), a human 
        capital plan developed by a State under subsection (a) may be 
        developed separately from, or incorporated into, the long-range 
        statewide transportation plan required under section 135.
            ``(2) Effect of section.--Nothing in this section requires 
        a State, or authorizes the Secretary to require a State, to 
        incorporate a human capital plan into the long-range statewide 
        transportation plan required under section 135.
    ``(e) Public Availability.--Each State that develops a human 
capital plan under subsection (a) shall make a copy of the plan 
available to the public in a user-friendly format on the website of the 
State department of transportation.
    ``(f) Savings Provision.--Nothing in this section prevents a State 
from carrying out transportation workforce planning--
            ``(1) not described in this section; or
            ``(2) not in accordance with this section.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 1133(b)), is amended by 
inserting after the item relating to section 173 the following:

``174. State human capital plans.''.

SEC. 1204. PRIORITIZATION PROCESS PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means 
        any of the following:
                    (A) A metropolitan planning organization that 
                serves an area with a population of over 200,000.
                    (B) A State.
            (2) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning given 
        the term in section 134(b) of title 23, United States Code.
            (3) Prioritization process pilot program.--The term 
        ``prioritization process pilot program'' means the pilot 
        program established under subsection (b)(1).
    (b) Establishment.--
            (1) In general.--The Secretary shall establish and solicit 
        applications for a prioritization process pilot program.
            (2) Purpose.--The purpose of the prioritization process 
        pilot program shall be to support data-driven approaches to 
        planning that, on completion, can be evaluated for public 
        benefit.
    (c) Pilot Program Administration.--
            (1) In general.--An eligible entity participating in the 
        prioritization process pilot program shall--
                    (A) use priority objectives that are developed--
                            (i) in the case of an urbanized area with a 
                        population of over 200,000, by the metropolitan 
                        planning organization that serves the area, in 
                        consultation with the State;
                            (ii) in the case of an urbanized area with 
                        a population of 200,000 or fewer, by the State 
                        in consultation with all metropolitan planning 
                        organizations in the State; and
                            (iii) through a public process that 
                        provides an opportunity for public input;
                    (B) assess and score projects and strategies on the 
                basis of--
                            (i) the contribution and benefits of the 
                        project or strategy to each priority objective 
                        developed under subparagraph (A);
                            (ii) the cost of the project or strategy 
                        relative to the contribution and benefits 
                        assessed and scored under clause (i); and
                            (iii) public support;
                    (C) use the scores assigned under subparagraph (B) 
                to guide project selection in the development of the 
                transportation plan and transportation improvement 
                program; and
                    (D) ensure that the public--
                            (i) has opportunities to provide public 
                        comment on projects before decisions are made 
                        on the transportation plan and the 
                        transportation improvement program; and
                            (ii) has access to clear reasons why each 
                        project or strategy was selected or not 
                        selected.
            (2) Requirements.--An eligible entity that receives a grant 
        under the prioritization process pilot program shall use the 
        funds as described in each of the following, as applicable:
                    (A) Metropolitan transportation planning.--In the 
                case of a metropolitan planning organization that 
                serves an area with a population of over 200,000, the 
                entity shall--
                            (i) develop and implement a publicly 
                        accessible, transparent prioritization process 
                        for the selection of projects for inclusion on 
                        the transportation plan for the metropolitan 
                        planning area under section 134(i) of title 23, 
                        United States Code, and section 5303(i) of 
                        title 49, United States Code, which shall--
                                    (I) include criteria identified by 
                                the metropolitan planning organization, 
                                which may be weighted to reflect the 
                                priority objectives developed under 
                                paragraph (1)(A), that the metropolitan 
                                planning organization has determined 
                                support--
                                            (aa) factors described in 
                                        section 134(h) of title 23, 
                                        United States Code, and section 
                                        5303(h) of title 49, United 
                                        States Code;
                                            (bb) targets for national 
                                        performance measures under 
                                        section 150(b) of title 23, 
                                        United States Code;
                                            (cc) applicable 
                                        transportation goals in the 
                                        metropolitan planning area or 
                                        State set by the applicable 
                                        transportation agency; and
                                            (dd) priority objectives 
                                        developed under paragraph 
                                        (1)(A);
                                    (II) evaluate the outcomes for each 
                                proposed project on the basis of the 
                                benefits of the proposed project with 
                                respect to each of the criteria 
                                described in subclause (I) relative to 
                                the cost of the proposed project; and
                                    (III) use the evaluation under 
                                subclause (II) to create a ranked list 
                                of proposed projects; and
                            (ii) with respect to the priority list 
                        under section 134(j)(2)(A) of title 23 and 
                        section 5303(j)(2)(A) of title 49, United 
                        States Code, include projects according to the 
                        rank of the project under clause (i)(III), 
                        except as provided in subparagraph (D).
                    (B) Statewide transportation planning.--In the case 
                of a State, the State shall--
                            (i) develop and implement a publicly 
                        accessible, transparent process for the 
                        selection of projects for inclusion on the 
                        long-range statewide transportation plan under 
                        section 135(f) of title 23, United States Code, 
                        which shall--
                                    (I) include criteria identified by 
                                the State, which may be weighted to 
                                reflect statewide priorities, that the 
                                State has determined support--
                                            (aa) factors described in 
                                        section 135(d) of title 23, 
                                        United States Code, and section 
                                        5304(d) of title 49, United 
                                        States Code;
                                            (bb) national 
                                        transportation goals under 
                                        section 150(b) of title 23, 
                                        United States Code;
                                            (cc) applicable 
                                        transportation goals in the 
                                        State; and
                                            (dd) the priority 
                                        objectives developed under 
                                        paragraph (1)(A);
                                    (II) evaluate the outcomes for each 
                                proposed project on the basis of the 
                                benefits of the proposed project with 
                                respect to each of the criteria 
                                described in subclause (I) relative to 
                                the cost of the proposed project; and
                                    (III) use the evaluation under 
                                subclause (II) to create a ranked list 
                                of proposed projects; and
                            (ii) with respect to the statewide 
                        transportation improvement program under 
                        section 135(g) of title 23, United States Code, 
                        and section 5304(g) of title 49, United States 
                        Code, include projects according to the rank of 
                        the project under clause (i)(III), except as 
                        provided in subparagraph (D).
                    (C) Additional transportation planning.--If the 
                eligible entity has implemented, and has in effect, the 
                requirements under subparagraph (A) or (B), as 
                applicable, the eligible entity may use any remaining 
                funds from a grant provided under the pilot program for 
                any transportation planning purpose.
                    (D) Exceptions to priority ranking.--In the case of 
                any project that the eligible entity chooses to include 
                or not include in the transportation improvement 
                program under section 134(j) of title 23, United States 
                Code, or the statewide transportation improvement 
                program under section 135(g) of title 23, United States 
                Code, as applicable, in a manner that is contrary to 
                the priority ranking for that project established under 
                subparagraph (A)(i)(III) or (B)(i)(III), the eligible 
                entity shall make publicly available an explanation for 
                the decision, including--
                            (i) a review of public comments regarding 
                        the project;
                            (ii) an evaluation of public support for 
                        the project;
                            (iii) an assessment of geographic balance 
                        of projects of the eligible entity; and
                            (iv) the number of projects of the eligible 
                        entity in economically distressed areas.
            (3) Maximum amount.--The maximum amount of a grant under 
        the prioritization process pilot program is $2,000,000.
    (d) Applications.--To be eligible to participate in the 
prioritization process pilot program, an eligible entity shall submit 
to the Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require.

SEC. 1205. TRAVEL DEMAND DATA AND MODELING.

    (a) Definition of Metropolitan Planning Organization.--In this 
section, the term ``metropolitan planning organization'' has the 
meaning given the term in section 134(b) of title 23, United States 
Code.
    (b) Study.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and not less frequently than once every 
        5 years thereafter, the Secretary shall carry out a study 
        that--
                    (A) gathers travel data and travel demand forecasts 
                from a representative sample of States and metropolitan 
                planning organizations;
                    (B) uses the data and forecasts gathered under 
                subparagraph (A) to compare travel demand forecasts 
                with the observed data, including--
                            (i) traffic counts;
                            (ii) travel mode share and public transit 
                        ridership; and
                            (iii) vehicle occupancy measures; and
                    (C) uses the information described in subparagraphs 
                (A) and (B)--
                            (i) to develop best practices or guidance 
                        for States and metropolitan planning 
                        organizations to use in forecasting travel 
                        demand for future investments in transportation 
                        improvements;
                            (ii) to evaluate the impact of 
                        transportation investments, including new 
                        roadway capacity, on travel behavior and travel 
                        demand, including public transportation 
                        ridership, induced highway travel, and 
                        congestion;
                            (iii) to support more accurate travel 
                        demand forecasting by States and metropolitan 
                        planning organizations; and
                            (iv) to enhance the capacity of States and 
                        metropolitan planning organizations--
                                    (I) to forecast travel demand; and
                                    (II) to track observed travel 
                                behavior responses, including induced 
                                travel, to changes in transportation 
                                capacity, pricing, and land use 
                                patterns.
            (2) Secretarial support.--The Secretary shall seek 
        opportunities to support the transportation planning processes 
        under sections 134 and 135 of title 23, United States Code, 
        through the provision of data to States and metropolitan 
        planning organizations to improve the quality of plans, models, 
        and forecasts described in this subsection.
            (3) Evaluation tool.--The Secretary shall develop a 
        publicly available multimodal web-based tool for the purpose of 
        enabling States and metropolitan planning organizations to 
        evaluate the effect of investments in highway and public 
        transportation projects on the use and conditions of all 
        transportation assets within the State or area served by the 
        metropolitan planning organization, as applicable.

SEC. 1206. INCREASING SAFE AND ACCESSIBLE TRANSPORTATION OPTIONS.

    (a) Definition of Complete Streets Standards or Policies.--In this 
section, the term ``Complete Streets standards or policies'' means 
standards or policies that ensure the safe and adequate accommodation 
of all users of the transportation system, including pedestrians, 
bicyclists, public transportation users, children, older individuals, 
individuals with disabilities, motorists, and freight vehicles.
    (b) Funding Requirement.--Notwithstanding any other provision of 
law, each State and metropolitan planning organization shall use to 
carry out 1 or more activities described in subsection (c)--
            (1) in the case of a State, not less than 2.5 percent of 
        the amounts made available to the State to carry out section 
        505 of title 23, United States Code; and
            (2) in the case of a metropolitan planning organization, 
        not less than 2.5 percent of the amounts made available to the 
        metropolitan planning organization under section 104(d) of 
        title 23, United States Code.
    (c) Activities Described.--An activity referred to in subsection 
(b) is an activity to increase safe and accessible options for multiple 
travel modes for people of all ages and abilities, which, if 
permissible under applicable State and local laws, may include--
            (1) adoption of Complete Streets standards or policies;
            (2) development of a Complete Streets prioritization plan 
        that identifies a specific list of Complete Streets projects to 
        improve the safety, mobility, or accessibility of a street;
            (3) development of transportation plans--
                    (A) to create a network of active transportation 
                facilities, including sidewalks, bikeways, or 
                pedestrian and bicycle trails, to connect neighborhoods 
                with destinations such as workplaces, schools, 
                residences, businesses, recreation areas, healthcare 
                and child care services, or other community activity 
                centers;
                    (B) to integrate active transportation facilities 
                with public transportation service or improve access to 
                public transportation;
                    (C) to create multiuse active transportation 
                infrastructure facilities, including bikeways or 
                pedestrian and bicycle trails, that make connections 
                within or between communities;
                    (D) to increase public transportation ridership; 
                and
                    (E) to improve the safety of bicyclists and 
                pedestrians;
            (4) regional and megaregional planning to address travel 
        demand and capacity constraints through alternatives to new 
        highway capacity, including through intercity passenger rail; 
        and
            (5) development of transportation plans and policies that 
        support transit-oriented development.
    (d) Federal Share.--The Federal share of the cost of an activity 
carried out under this section shall be 80 percent, unless the 
Secretary determines that the interests of the Federal-aid highway 
program would be best served by decreasing or eliminating the non-
Federal share.
    (e) State Flexibility.--A State or metropolitan planning 
organization, with the approval of the Secretary, may opt out of the 
requirements of this section if the State or metropolitan planning 
organization demonstrates to the Secretary, by not later than 30 days 
before the Secretary apportions funds for a fiscal year under section 
104, that the State or metropolitan planning organization--
            (1) has Complete Streets standards and policies in place; 
        and
            (2) has developed an up-to-date Complete Streets 
        prioritization plan as described in subsection (c)(2).

          Subtitle C--Project Delivery and Process Improvement

SEC. 1301. CODIFICATION OF ONE FEDERAL DECISION.

    (a) In General.--Section 139 of title 23, United States Code, is 
amended--
            (1) in the section heading, by striking ``decisionmaking'' 
        and inserting ``decisionmaking and One Federal Decision'';
            (2) in subsection (a)--
                    (A) by redesignating paragraphs (2) through (8) as 
                paragraphs (4), (5), (6), (8), (9), (10), and (11), 
                respectively;
                    (B) by inserting after paragraph (1) the following:
            ``(2) Authorization.--The term `authorization' means any 
        environmental license, permit, approval, finding, or other 
        administrative decision related to the environmental review 
        process that is required under Federal law to site, construct, 
        or reconstruct a project.
            ``(3) Environmental document.--The term `environmental 
        document' includes an environmental assessment, finding of no 
        significant impact, notice of intent, environmental impact 
        statement, or record of decision under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).'';
                    (C) in subparagraph (B) of paragraph (5) (as so 
                redesignated), by striking ``process for and completion 
                of any environmental permit'' and inserting ``process 
                and schedule, including a timetable for and completion 
                of any environmental permit''; and
                    (D) by inserting after paragraph (6) (as so 
                redesignated) the following:
            ``(7) Major project.--
                    ``(A) In general.--The term `major project' means a 
                project for which--
                            ``(i) multiple permits, approvals, reviews, 
                        or studies are required under a Federal law 
                        other than the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.);
                            ``(ii) the project sponsor has identified 
                        the reasonable availability of funds sufficient 
                        to complete the project;
                            ``(iii) the project is not a covered 
                        project (as defined in section 41001 of the 
                        FAST Act (42 U.S.C. 4370m)); and
                            ``(iv)(I) the head of the lead agency has 
                        determined that an environmental impact 
                        statement is required; or
                            ``(II) the head of the lead agency has 
                        determined that an environmental assessment is 
                        required, and the project sponsor requests that 
                        the project be treated as a major project.
                    ``(B) Clarification.--In this section, the term 
                `major project' does not have the same meaning as the 
                term `major project' as described in section 106(h).'';
            (3) in subsection (b)(1)--
                    (A) by inserting ``, including major projects,'' 
                after ``all projects''; and
                    (B) by inserting ``as requested by a project 
                sponsor and'' after ``applied,'';
            (4) in subsection (c)--
                    (A) in paragraph (6)--
                            (i) in subparagraph (B), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(D) to calculate annually the average time taken 
                by the lead agency to complete all environmental 
                documents for each project during the previous fiscal 
                year.''; and
                    (B) by adding at the end the following:
            ``(7) Process improvements for projects.--
                    ``(A) In general.--The Secretary shall review--
                            ``(i) existing practices, procedures, 
                        rules, regulations, and applicable laws to 
                        identify impediments to meeting the 
                        requirements applicable to projects under this 
                        section; and
                            ``(ii) best practices, programmatic 
                        agreements, and potential changes to internal 
                        departmental procedures that would facilitate 
                        an efficient environmental review process for 
                        projects.
                    ``(B) Consultation.--In conducting the review under 
                subparagraph (A), the Secretary shall consult, as 
                appropriate, with the heads of other Federal agencies 
                that participate in the environmental review process.
                    ``(C) Report.--Not later than 2 years after the 
                date of enactment of the Surface Transportation 
                Reauthorization Act of 2021, the Secretary shall submit 
                to the Committee on Environment and Public Works of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives a report 
                that includes--
                            ``(i) the results of the review under 
                        subparagraph (A); and
                            ``(ii) an analysis of whether additional 
                        funding would help the Secretary meet the 
                        requirements applicable to projects under this 
                        section.'';
            (5) in subsection (d)--
                    (A) in paragraph (8)--
                            (i) in the paragraph heading, by striking 
                        ``NEPA'' and inserting ``environmental'';
                            (ii) in subparagraph (A)--
                                    (I) by inserting ``and except as 
                                provided in subparagraph (D)'' after 
                                ``paragraph (7)'';
                                    (II) by striking ``permits'' and 
                                inserting ``authorizations''; and
                                    (III) by striking ``single 
                                environment document'' and inserting 
                                ``single environmental document for 
                                each kind of environmental document'';
                            (iii) in subparagraph (B)(i)--
                                    (I) by striking ``an environmental 
                                document'' and inserting 
                                ``environmental documents''; and
                                    (II) by striking ``permits issued'' 
                                and inserting ``authorizations''; and
                            (iv) by adding at the end the following:
                    ``(D) Exceptions.--The lead agency may waive the 
                application of subparagraph (A) with respect to a 
                project if--
                            ``(i) the project sponsor requests that 
                        agencies issue separate environmental 
                        documents;
                            ``(ii) the obligations of a cooperating 
                        agency or participating agency under the 
                        National Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.) have already been 
                        satisfied with respect to the project; or
                            ``(iii) the lead agency determines that 
                        reliance on a single environmental document (as 
                        described in subparagraph (A)) would not 
                        facilitate timely completion of the 
                        environmental review process for the 
                        project.''; and
                    (B) by adding at the end the following:
            ``(10) Timely authorizations for major projects.--
                    ``(A) Deadline.--Except as provided in subparagraph 
                (C), all authorization decisions necessary for the 
                construction of a major project shall be completed by 
                not later than 90 days after the date of the issuance 
                of a record of decision for the major project.
                    ``(B) Detail.--The final environmental impact 
                statement for a major project shall include an adequate 
                level of detail to inform decisions necessary for the 
                role of the participating agencies and cooperating 
                agencies in the environmental review process.
                    ``(C) Extension of deadline.--The head of the lead 
                agency may extend the deadline under subparagraph (A) 
                if--
                            ``(i) Federal law prohibits the lead agency 
                        or another agency from issuing an approval or 
                        permit within the period described in that 
                        subparagraph;
                            ``(ii) the project sponsor requests that 
                        the permit or approval follow a different 
                        timeline; or
                            ``(iii) an extension would facilitate 
                        completion of the environmental review and 
                        authorization process of the major project.'';
            (6) in subsection (g)(1)--
                    (A) in subparagraph (B)--
                            (i) in clause (ii)(IV), by striking 
                        ``schedule for and cost of'' and inserting 
                        ``time required by an agency to conduct an 
                        environmental review and make decisions under 
                        applicable Federal law relating to a project 
                        (including the issuance or denial of a permit 
                        or license) and the cost of''; and
                            (ii) by adding at the end the following:
                            ``(iii) Major project schedule.--To the 
                        maximum extent practicable and consistent with 
                        applicable Federal law, in the case of a major 
                        project, the lead agency shall develop, in 
                        concurrence with the project sponsor, a 
                        schedule for the major project that is 
                        consistent with an agency average of not more 
                        than 2 years for the completion of the 
                        environmental review process for major 
                        projects, as measured from, as applicable--
                                    ``(I) the date of publication of a 
                                notice of intent to prepare an 
                                environmental impact statement to the 
                                record of decision; or
                                    ``(II) the date on which the head 
                                of the lead agency determines that an 
                                environmental assessment is required to 
                                a finding of no significant impact.'';
                    (B) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) Modification.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the lead agency may lengthen or 
                        shorten a schedule established under 
                        subparagraph (B) for good cause.
                            ``(ii) Exceptions.--
                                    ``(I) Major projects.--In the case 
                                of a major project, the lead agency may 
                                lengthen a schedule under clause (i) 
                                for a cooperating Federal agency by not 
                                more than 1 year after the latest 
                                deadline established for the major 
                                project by the lead agency.
                                    ``(II) Shortened schedules.--The 
                                lead agency may not shorten a schedule 
                                under clause (i) if doing so would 
                                impair the ability of a cooperating 
                                Federal agency to conduct necessary 
                                analyses or otherwise carry out 
                                relevant obligations of the Federal 
                                agency for the project.'';
                    (C) by redesignating subparagraph (E) as 
                subparagraph (F); and
                    (D) by inserting after subparagraph (D) the 
                following:
                    ``(E) Failure to meet deadline.--If a cooperating 
                Federal agency fails to meet a deadline established 
                under subparagraph (D)(ii)(I)--
                            ``(i) the cooperating Federal agency shall 
                        submit to the Secretary a report that describes 
                        the reasons why the deadline was not met; and
                            ``(ii) the Secretary shall--
                                    ``(I) transmit to the Committee on 
                                Environment and Public Works of the 
                                Senate and the Committee on 
                                Transportation and Infrastructure of 
                                the House of Representatives a copy of 
                                the report under clause (i); and
                                    ``(II) make the report under clause 
                                (i) publicly available on the 
                                internet.'';
            (7) in subsection (n), by adding at the end the following:
            ``(3) Length of environmental document.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law and except as provided in subparagraph 
                (B), to the maximum extent practicable, the text of the 
                items described in paragraphs (4) through (6) of 
                section 1502.10(a) of title 40, Code of Federal 
                Regulations (or successor regulations), of an 
                environmental impact statement for a project shall be 
                200 pages or fewer.
                    ``(B) Exemption.--An environmental impact statement 
                for a project may exceed 200 pages, if the lead agency 
                establishes a new page limit for the environmental 
                impact statement for that project.''; and
            (8) by adding at the end the following:
    ``(p) Accountability and Reporting for Major Projects.--
            ``(1) In general.--The Secretary shall establish a 
        performance accountability system to track each major project.
            ``(2) Requirements.--The performance accountability system 
        under paragraph (1) shall, for each major project, track, at a 
        minimum--
                    ``(A) the environmental review process for the 
                major project, including the project schedule;
                    ``(B) whether the lead agency, cooperating 
                agencies, and participating agencies are meeting the 
                schedule established for the environmental review 
                process; and
                    ``(C) the time taken to complete the environmental 
                review process.
    ``(q) Development of Categorical Exclusions.--
            ``(1) In general.--Not later than 60 days after the date of 
        enactment of this subsection, and every 4 years thereafter, the 
        Secretary shall--
                    ``(A) in consultation with the agencies described 
                in paragraph (2), identify the categorical exclusions 
                described in section 771.117 of title 23, Code of 
                Federal Regulations (or successor regulations), that 
                would accelerate delivery of a project if those 
                categorical exclusions were available to those 
                agencies;
                    ``(B) collect existing documentation and 
                substantiating information on the categorical 
                exclusions described in subparagraph (A); and
                    ``(C) provide to each agency described in paragraph 
                (2)--
                            ``(i) a list of the categorical exclusions 
                        identified under subparagraph (A); and
                            ``(ii) the documentation and substantiating 
                        information under subparagraph (B).
            ``(2) Agencies described.--The agencies referred to in 
        paragraph (1) are--
                    ``(A) the Department of the Interior;
                    ``(B) the Department of the Army;
                    ``(C) the Department of Commerce;
                    ``(D) the Department of Agriculture;
                    ``(E) the Department of Energy;
                    ``(F) the Department of Defense; and
                    ``(G) any other Federal agency that has 
                participated in an environmental review process for a 
                project, as determined by the Secretary.
            ``(3) Adoption of categorical exclusions.--
                    ``(A) In general.--Not later than 1 year after the 
                date on which the Secretary provides a list under 
                paragraph (1)(C), an agency described in paragraph (2) 
                shall publish a notice of proposed rulemaking to 
                propose any categorical exclusions from the list 
                applicable to the agency, subject to the condition that 
                the categorical exclusion identified under paragraph 
                (1)(A) meets the criteria for a categorical exclusion 
                under section 1508.1 of title 40, Code of Federal 
                Regulations (or successor regulations).
                    ``(B) Public comment.--In a notice of proposed 
                rulemaking under subparagraph (A), the applicable 
                agency may solicit comments on whether any of the 
                proposed new categorical exclusions meet the criteria 
                for a categorical exclusion under section 1508.1 of 
                title 40, Code of Federal Regulations (or successor 
                regulations).''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
139 and inserting the following:

``139. Efficient environmental reviews for project decisionmaking and 
                            One Federal Decision.''.

SEC. 1302. WORK ZONE PROCESS REVIEWS.

    The Secretary shall amend section 630.1008(e) of title 23, Code of 
Federal Regulations, to ensure that the work zone process review under 
that subsection is required not more frequently than once every 5 
years.

SEC. 1303. TRANSPORTATION MANAGEMENT PLANS.

    (a) In General.--The Secretary shall amend section 630.1010(c) of 
title 23, Code of Federal Regulations, to ensure that only a project 
described in that subsection with a lane closure for 3 or more 
consecutive days shall be considered to be a significant project for 
purposes of that section.
    (b) Non-Interstate Projects.--Notwithstanding any other provision 
of law, a State shall not be required to develop or implement a 
transportation management plan (as described in section 630.1012 of 
title 23, Code of Federal Regulations (or successor regulations)) for a 
highway project not on the Interstate System if the project requires 
not more than 3 consecutive days of lane closures.

SEC. 1304. INTELLIGENT TRANSPORTATION SYSTEMS.

    (a) In General.--The Secretary shall develop guidance for using 
existing flexibilities with respect to the systems engineering analysis 
described in part 940 of title 23, Code of Federal Regulations (or 
successor regulations).
    (b) Implementation.--The Secretary shall ensure that any guidance 
developed under subsection (a)--
            (1) clearly identifies criteria for low-risk and exempt 
        intelligent transportation systems projects, with a goal of 
        minimizing unnecessary delay or paperwork burden;
            (2) is consistently implemented by the Department 
        nationwide; and
            (3) is disseminated to Federal-aid recipients.
    (c) Savings Provision.--Nothing in this section prevents the 
Secretary from amending part 940 of title 23, Code of Federal 
Regulations (or successor regulations), to reduce State administrative 
burdens.

SEC. 1305. ALTERNATIVE CONTRACTING METHODS.

    (a) Alternative Contracting Methods for Federal Land Management 
Agencies and Tribal Governments.--Section 201 of title 23, United 
States Code, is amended by adding at the end the following:
    ``(f) Alternative Contracting Methods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law (including the Federal Acquisition Regulation), a 
        contracting method available to a State under this title may be 
        used by the Secretary, on behalf of--
                    ``(A) a Federal land management agency, in using 
                any funds pursuant to section 203, 204, or 308;
                    ``(B) a Federal land management agency, in using 
                any funds pursuant to section 1535 of title 31 for any 
                of the eligible uses described in sections 203(a)(1) 
                and 204(a)(1) and paragraphs (1) and (2) of section 
                308(a); or
                    ``(C) a Tribal government, in using funds pursuant 
                to section 202(b)(7)(D).
            ``(2) Methods described.--The contracting methods referred 
        to in paragraph (1) shall include, at a minimum--
                    ``(A) project bundling;
                    ``(B) bridge bundling;
                    ``(C) design-build contracting;
                    ``(D) 2-phase contracting;
                    ``(E) long-term concession agreements; and
                    ``(F) any method tested, or that could be tested, 
                under an experimental program relating to contracting 
                methods carried out by the Secretary.
            ``(3) Effect.--Nothing in this subsection--
                    ``(A) affects the application of the Federal share 
                for the project carried out with a contracting method 
                under this subsection; or
                    ``(B) modifies the point of obligation of Federal 
                salaries and expenses.''.
    (b) Cooperation With Federal and State Agencies and Foreign 
Countries.--Section 308(a) of title 23, United States Code, is amended 
by adding at the end the following:
            ``(4) Alternative contracting methods.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law (including the Federal Acquisition 
                Regulation), in performing services under paragraph 
                (1), the Secretary may use any contracting method 
                available to a State under this title.
                    ``(B) Methods described.--The contracting methods 
                referred to in subparagraph (A) shall include, at a 
                minimum--
                            ``(i) project bundling;
                            ``(ii) bridge bundling;
                            ``(iii) design-build contracting;
                            ``(iv) 2-phase contracting;
                            ``(v) long-term concession agreements; and
                            ``(vi) any method tested, or that could be 
                        tested, under an experimental program relating 
                        to contracting methods carried out by the 
                        Secretary.''.
    (c) Use of Alternative Contracting Methods.--In carrying out an 
alternative contracting method under section 201(f) or 308(a)(4) of 
title 23, United States Code, the Secretary shall--
            (1) in consultation with the applicable Federal land 
        management agencies, establish clear procedures that are--
                    (A) applicable to the alternative contracting 
                method; and
                    (B) to the maximum extent practicable, consistent 
                with the requirements applicable to Federal procurement 
                transactions;
            (2) solicit input on the use of the alternative contracting 
        method from the affected industry prior to using the method; 
        and
            (3) analyze and prepare an evaluation of the use of the 
        alternative contracting method.

SEC. 1306. FLEXIBILITY FOR PROJECTS.

    Section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law 114-
94) is amended--
            (1) in subsection (a), by striking ``and on request by a 
        State, the Secretary may'' in the matter preceding paragraph 
        (1) and all that follows through the period at the end of 
        paragraph (2) and inserting the following: ``, on request by a 
        State, and if in the public interest (as determined by the 
        Secretary), the Secretary shall exercise all existing 
        flexibilities under--
            ``(1) the requirements of title 23, United States Code; and
            ``(2) other requirements administered by the Secretary, in 
        whole or in part.''; and
            (2) in subsection (b)(2)(A), by inserting ``(including 
        regulations)'' after ``environmental law''.

SEC. 1307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVERSIGHT AGREEMENTS.

    (a) Definition of Template.--In this section, the term ``template'' 
means a template created by the Secretary for Federal-State stewardship 
and oversight agreements that--
            (1) includes all standard terms found in stewardship and 
        oversight agreements, including any terms in an attachment to 
        the agreement;
            (2) is developed in accordance with section 106 of title 
        23, United States Code, or any other applicable authority; and
            (3) may be developed with consideration of relevant 
        regulations, guidance, or policies.
    (b) Request for Comment.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall publish in the 
        Federal Register the template and a notice requesting public 
        comment on ways to improve the template.
            (2) Comment period.--The Secretary shall provide a period 
        of not less than 60 days for public comment on the notice under 
        paragraph (1).
            (3) Certain issues.--The notice under paragraph (1) shall 
        allow comment on any aspect of the template and shall 
        specifically request public comment on--
                    (A) whether the template should be revised to 
                delete standard terms requiring approval by the 
                Secretary of the policies, procedures, processes, or 
                manuals of the States, or other State actions, if 
                Federal law (including regulations) does not 
                specifically require an approval;
                    (B) opportunities to modify the template to allow 
                adjustments to the review schedules for State practices 
                or actions, including through risk-based approaches, 
                program reviews, process reviews, or other means; and
                    (C) any other matters that the Secretary determines 
                to be appropriate.
    (c) Notice of Action; Updates.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, after considering the comments received 
        in response to the Federal Register notice under subsection 
        (b), the Secretary shall publish in the Federal Register a 
        notice that--
                    (A) describes any proposed changes to be made, and 
                any alternatives to such changes, to the template;
                    (B) addresses comments in response to which changes 
                were not made to the template; and
                    (C) prescribes a schedule and a plan to execute a 
                process for implementing the changes referred to in 
                subparagraph (A).
            (2) Approval requirements.--In addressing comments under 
        paragraph (1)(B), the Secretary shall include an explanation of 
        the basis for retaining any requirement for approval of State 
        policies, procedures, processes, or manuals, or other State 
        actions, if Federal law (including regulations) does not 
        specifically require the approval.
            (3) Implementation.--
                    (A) In general.--Not later than 60 days after the 
                date on which the notice under paragraph (1) is 
                published, the Secretary shall make changes to the 
                template in accordance with--
                            (i) the changes described in the notice 
                        under paragraph (1)(A); and
                            (ii) the schedule and plan described in the 
                        notice under paragraph (1)(C).
                    (B) Updates.--Not later than 1 year after the date 
                on which the revised template under subparagraph (A) is 
                published, the Secretary shall update existing 
                agreements with States according to the template 
                updated under subparagraph (A).
    (d) Inclusion of Non-standard Terms.--Nothing in this section 
precludes the inclusion in a Federal-State stewardship and oversight 
agreement of non-standard terms to address a State-specific matter, 
including risk-based stewardship and Department oversight involvement 
in individual projects of division interest.
    (e) Compliance With Non-statutory Terms.--
            (1) In general.--The Secretary shall not enforce or 
        otherwise require a State to comply with approval requirements 
        that are not required by Federal law (including regulations) in 
        a Federal-State stewardship and oversight agreement.
            (2) Approval authority.--Notwithstanding any other 
        provision of law, the Secretary shall not assert approval 
        authority over any matter in a Federal-State stewardship and 
        oversight agreement reserved to States.
    (f) Frequency of Reviews.--Section 106(g)(3) of title 23, United 
States Code, is amended--
            (1) by striking ``annual'';
            (2) by striking ``The Secretary'' and inserting the 
        following:
                    ``(A) In general.--The Secretary''; and
            (3) by adding at the end the following:
                    ``(B) Frequency.--
                            ``(i) In general.--Except as provided in 
                        clauses (ii) and (iii), the Secretary shall 
                        carry out a review under subparagraph (A) not 
                        less frequently than once every 2 years.
                            ``(ii) Consultation with state.--The 
                        Secretary, after consultation with a State, may 
                        make a determination to carry out a review 
                        under subparagraph (A) for that State less 
                        frequently than provided under clause (i).
                            ``(iii) Cause.--If the Secretary determines 
                        that there is a specific reason to require a 
                        review more frequently than provided under 
                        clause (i) with respect to a State, the 
                        Secretary may carry out a review more 
                        frequently than provided under that clause.''.

SEC. 1308. GEOMATIC DATA.

    (a) In General.--The Secretary shall develop guidance for the 
acceptance and use of information obtained from a non-Federal entity 
through geomatic techniques, including remote sensing and land 
surveying, cartography, geographic information systems, global 
navigation satellite systems, photogrammetry, or other remote means.
    (b) Considerations.--In carrying out this section, the Secretary 
shall ensure that acceptance or use of information described in 
subsection (a) meets the data quality and operational requirements of 
the Secretary.
    (c) Public Comment.--Before issuing any final guidance under 
subsection (a), the Secretary shall provide to the public--
            (1) notice of the proposed guidance; and
            (2) an opportunity to comment on the proposed guidance.
    (d) Savings Clause.--Nothing in this section--
            (1) requires the Secretary to accept or use information 
        that the Secretary determines does not meet the guidance 
        developed under this section; or
            (2) changes the current statutory or regulatory 
        requirements of the Department.

SEC. 1309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL RIGHT-OF-WAY.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 331. Evaluation of projects within an operational right-of-way
    ``(a) Definitions.--
            ``(1) Eligible project or activity.--
                    ``(A) In general.--In this section, the term 
                `eligible project or activity' means a project or 
                activity within an existing operational right-of-way 
                (as defined in section 771.117(c)(22) of title 23, Code 
                of Federal Regulations (or successor regulations))--
                            ``(i)(I) eligible for assistance under this 
                        title; or
                            ``(II) administered as if made available 
                        under this title;
                            ``(ii) that is--
                                    ``(I) a preventive maintenance, 
                                preservation, or highway safety 
                                improvement project (as defined in 
                                section 148(a)); or
                                    ``(II) a new turn lane that the 
                                State advises in writing to the 
                                Secretary would assist public safety; 
                                and
                            ``(iii) that--
                                    ``(I) is classified as a 
                                categorical exclusion under section 
                                771.117 of title 23, Code of Federal 
                                Regulations (or successor regulations); 
                                or
                                    ``(II) if the project or activity 
                                does not receive assistance described 
                                in clause (i) would be considered a 
                                categorical exclusion if the project or 
                                activity received assistance described 
                                in clause (i).
                    ``(B) Exclusion.--The term `eligible project or 
                activity' does not include a project to create a new 
                travel lane.
            ``(2) Preliminary evaluation.--The term `preliminary 
        evaluation', with respect to an application described in 
        subsection (b)(1), means an evaluation that is customary or 
        practicable for the relevant agency to complete within a 45-day 
        period for similar applications.
            ``(3) Relevant agency.--The term `relevant agency' means a 
        Federal agency, other than the Federal Highway Administration, 
        with responsibility for review of an application from a State 
        for a permit, approval, or jurisdictional determination for an 
        eligible project or activity.
    ``(b) Action Required.--
            ``(1) In general.--Subject to paragraph (2), not later than 
        45 days after the date of receipt of an application by a State 
        for a permit, approval, or jurisdictional determination for an 
        eligible project or activity, the head of the relevant agency 
        shall--
                    ``(A) make at least a preliminary evaluation of the 
                application; and
                    ``(B) notify the State of the results of the 
                preliminary evaluation under subparagraph (A).
            ``(2) Extension.--The head of the relevant agency may 
        extend the review period under paragraph (1) by not more than 
        30 days if the head of the relevant agency provides to the 
        State written notice that includes an explanation of the need 
        for the extension.
            ``(3) Failure to act.--If the head of the relevant agency 
        fails to meet a deadline under paragraph (1) or (2), as 
        applicable, the head of the relevant agency shall--
                    ``(A) not later than 30 days after the date of the 
                missed deadline, submit to the State, the Committee on 
                Environment and Public Works of the Senate, and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives a report that describes why 
                the deadline was missed; and
                    ``(B) not later than 14 days after the date on 
                which a report is submitted under subparagraph (A), 
                make publicly available, including on the internet, a 
                copy of that report.''.
    (b) Clerical Amendment.--The analysis for chapter 3 of title 23, 
United States Code, is amended by adding at the end the following:

``331. Evaluation of projects within an operational right-of-way.''.

SEC. 1310. PRELIMINARY ENGINEERING.

    (a) In General.--Section 102 of title 23, United States Code, is 
amended--
            (1) by striking subsection (b); and
            (2) in subsection (a), in the second sentence, by striking 
        ``Nothing in this subsection'' and inserting the following:
    ``(b) Savings Provision.--Nothing in this section''.
    (b) Conforming Amendment.--Section 144(j) of title 23, United 
States Code, is amended by striking paragraph (6).

SEC. 1311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL LAND MANAGEMENT 
              PROJECTS.

    Section 203 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(e) Efficient Implementation of NEPA.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Environmental document.--The term 
                `environmental document' means an environmental impact 
                statement, environmental assessment, categorical 
                exclusion, or other document prepared under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.).
                    ``(B) Project.--The term `project' means a highway 
                project, public transportation capital project, or 
                multimodal project that--
                            ``(i) receives funds under this title; and
                            ``(ii) is authorized under this section or 
                        section 204.
                    ``(C) Project sponsor.--The term `project sponsor' 
                means the Federal land management agency that seeks or 
                receives funds under this title for a project.
            ``(2) Environmental review to be completed by federal 
        highway administration.--The Federal Highway Administration may 
        prepare an environmental document pursuant to the implementing 
        procedures of the Federal Highway Administration to comply with 
        the requirements of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) if--
                    ``(A) requested by a project sponsor; and
                    ``(B) all areas of analysis required by the project 
                sponsor can be addressed.
            ``(3) Federal land management agencies adoption of existing 
        environmental review documents.--
                    ``(A) In general.--To the maximum extent 
                practicable, if the Federal Highway Administration 
                prepares an environmental document pursuant to 
                paragraph (2), that environmental document shall 
                address all areas of analysis required by a Federal 
                land management agency.
                    ``(B) Independent evaluation.--Notwithstanding any 
                other provision of law, a Federal land management 
                agency shall not be required to conduct an independent 
                evaluation to determine the adequacy of an 
                environmental document prepared by the Federal Highway 
                Administration pursuant to paragraph (2).
                    ``(C) Use of same document.--In authorizing or 
                implementing a project, a Federal land management 
                agency may use an environmental document previously 
                prepared by the Federal Highway Administration for a 
                project addressing the same or substantially the same 
                action to the same extent that the Federal land 
                management agency could adopt or use a document 
                previously prepared by another Federal agency.
            ``(4) Application by federal land management agencies of 
        categorical exclusions established by federal highway 
        administration.--In carrying out requirements under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) for a project, the project sponsor may use categorical 
        exclusions designated under that Act in the implementing 
        regulations of the Federal Highway Administration, subject to 
        the conditions that--
                    ``(A) the project sponsor makes a determination, in 
                consultation with the Federal Highway Administration, 
                that the categorical exclusion applies to the project;
                    ``(B) the project satisfies the conditions for a 
                categorical exclusion under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
                    ``(C) the use of the categorical exclusion does not 
                otherwise conflict with the implementing regulations of 
                the project sponsor, except any list of the project 
                sponsor that designates categorical exclusions.
            ``(5) Mitigation commitments.--The Secretary shall assist 
        the Federal land management agency with all design and 
        mitigation commitments made jointly by the Secretary and the 
        project sponsor in any environmental document prepared by the 
        Secretary in accordance with this subsection.''.

SEC. 1312. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REPORTING PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 156 the following:
``Sec. 157. National Environmental Policy Act of 1969 reporting program
    ``(a) Definitions.--In this section:
            ``(1) Categorical exclusion.--The term `categorical 
        exclusion' has the meaning given the term in section 771.117(c) 
        of title 23, Code of Federal Regulations (or a successor 
        regulation).
            ``(2) Documented categorical exclusion.--The term 
        `documented categorical exclusion' has the meaning given the 
        term in section 771.117(d) of title 23, Code of Federal 
        Regulations (or a successor regulation).
            ``(3) Environmental assessment.--The term `environmental 
        assessment' has the meaning given the term in section 1508.1 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation).
            ``(4) Environmental impact statement.--The term 
        `environmental impact statement' means a detailed statement 
        required under section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
            ``(5) Federal agency.--The term `Federal agency' includes a 
        State that has assumed responsibility under section 327.
            ``(6) NEPA process.--The term `NEPA process' means the 
        entirety of the development and documentation of the analysis 
        required under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), including the assessment and analysis 
        of any impacts, alternatives, and mitigation of a proposed 
        action, and any interagency participation and public 
        involvement required to be carried out before the Secretary 
        undertakes a proposed action.
            ``(7) Proposed action.--The term `proposed action' means an 
        action (within the meaning of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the 
        Secretary proposes to carry out.
            ``(8) Reporting period.--The term `reporting period' means 
        the fiscal year prior to the fiscal year in which a report is 
        issued under subsection (b).
            ``(9) Secretary.--The term `Secretary' includes the 
        governor or head of an applicable State agency of a State that 
        has assumed responsibility under section 327.
    ``(b) Report on NEPA Data.--
            ``(1) In general.--The Secretary shall carry out a process 
        to track, and annually submit to the Committee on Environment 
        and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report containing, the information described 
        in paragraph (3).
            ``(2) Time to complete.--For purposes of paragraph (3), the 
        NEPA process--
                    ``(A) for an environmental impact statement--
                            ``(i) begins on the date on which the 
                        Notice of Intent is published in the Federal 
                        Register; and
                            ``(ii) ends on the date on which the 
                        Secretary issues a record of decision, 
                        including, if necessary, a revised record of 
                        decision; and
                    ``(B) for an environmental assessment--
                            ``(i) begins on the date on which the 
                        Secretary makes a determination to prepare an 
                        environmental assessment; and
                            ``(ii) ends on the date on which the 
                        Secretary issues a finding of no significant 
                        impact or determines that preparation of an 
                        environmental impact statement is necessary.
            ``(3) Information described.--The information referred to 
        in paragraph (1) is, with respect to the Department of 
        Transportation--
                    ``(A) the number of proposed actions for which a 
                categorical exclusion was issued during the reporting 
                period;
                    ``(B) the number of proposed actions for which a 
                documented categorical exclusion was issued by the 
                Department of Transportation during the reporting 
                period;
                    ``(C) the number of proposed actions pending on the 
                date on which the report is submitted for which the 
                issuance of a documented categorical exclusion by the 
                Department of Transportation is pending;
                    ``(D) the number of proposed actions for which an 
                environmental assessment was issued by the Department 
                of Transportation during the reporting period;
                    ``(E) the length of time the Department of 
                Transportation took to complete each environmental 
                assessment described in subparagraph (D);
                    ``(F) the number of proposed actions pending on the 
                date on which the report is submitted for which an 
                environmental assessment is being drafted by the 
                Department of Transportation;
                    ``(G) the number of proposed actions for which an 
                environmental impact statement was completed by the 
                Department of Transportation during the reporting 
                period;
                    ``(H) the length of time that the Department of 
                Transportation took to complete each environmental 
                impact statement described in subparagraph (G);
                    ``(I) the number of proposed actions pending on the 
                date on which the report is submitted for which an 
                environmental impact statement is being drafted; and
                    ``(J) for the proposed actions reported under 
                subparagraphs (F) and (I), the percentage of those 
                proposed actions for which--
                            ``(i) funding has been identified; and
                            ``(ii) all other Federal, State, and local 
                        activities that are required to allow the 
                        proposed action to proceed are completed.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 156 the following:

``157. National Environmental Policy Act of 1969 reporting program.''.

SEC. 1313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN 
              AGREEMENTS.

    Section 327 of title 23, United States Code, is amended--
            (1) in subsection (a)(2)(G), by inserting ``, including the 
        payment of fees awarded under section 2412 of title 28'' before 
        the period at the end;
            (2) in subsection (c)--
                    (A) by striking paragraph (5) and inserting the 
                following:
            ``(5) except as provided under paragraph (7), have a term 
        of not more than 5 years;'';
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) for any State that has participated in a program 
        under this section (or under a predecessor program) for at 
        least 10 years, have a term of 10 years.'';
            (3) in subsection (g)(1)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking ``annual'';
                    (C) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (D) by inserting after subparagraph (B) the 
                following:
                    ``(C) in the case of an agreement period of greater 
                than 5 years pursuant to subsection (c)(7), conduct an 
                audit covering the first 5 years of the agreement 
                period; and''; and
            (4) by adding at the end the following:
    ``(m) Agency Deemed to Be Federal Agency.--A State agency that is 
assigned a responsibility under an agreement under this section shall 
be deemed to be an agency for the purposes of section 2412 of title 
28.''.

SEC. 1314. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL 
              EXCLUSIONS.

    Section 326(c)(3) of title 23, United States Code, is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) except as provided under subparagraph (C), 
                shall have a term of not more than 3 years;'';
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) shall have a term of 5 years, in the case of 
                a State that has assumed the responsibility for 
                categorical exclusions under this section for not fewer 
                than 10 years.''.

SEC. 1315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATION PROJECT 
              ENVIRONMENTAL REVIEW.

    Section 123 of title 23, United States Code, is amended to read as 
follows:
``Sec. 123. Relocation of utility facilities
    ``(a) Definitions.--In this section:
            ``(1) Cost of relocation.--The term `cost of relocation' 
        includes the entire amount paid by a utility properly 
        attributable to the relocation of a utility facility, minus any 
        increase in the value of the new facility and any salvage value 
        derived from the old facility.
            ``(2) Early utility relocation project.--The term `early 
        utility relocation project' means utility relocation activities 
        identified by the State for performance before completion of 
        the environmental review process for the transportation 
        project.
            ``(3) Environmental review process.--The term 
        `environmental review process' has the meaning given the term 
        in section 139(a).
            ``(4) Transportation project.--The term `transportation 
        project' means a project.
            ``(5) Utility facility.--The term `utility facility' means 
        any privately, publicly, or cooperatively owned line, facility, 
        or system for producing, transmitting, or distributing 
        communications, power, electricity, light, heat, gas, oil, 
        crude products, water, steam, waste, stormwater not connected 
        with highway drainage, or any other similar commodity, 
        including any fire or police signal system or street lighting 
        system, that directly or indirectly serves the public.
            ``(6) Utility relocation activity.--The term `utility 
        relocation activity' means an activity necessary for the 
        relocation of a utility facility, including preliminary and 
        final design, surveys, real property acquisition, materials 
        acquisition, and construction.
    ``(b) Reimbursement to States.--
            ``(1) In general.--If a State pays for the cost of 
        relocation of a utility facility necessitated by the 
        construction of a transportation project, Federal funds may be 
        used to reimburse the State for the cost of relocation in the 
        same proportion as Federal funds are expended on the 
        transportation project.
            ``(2) Limitation.--Federal funds shall not be used to 
        reimburse a State under this section if the payment to the 
        utility--
                    ``(A) violates the law of the State; or
                    ``(B) violates a legal contract between the utility 
                and the State.
            ``(3) Requirement.--A reimbursement under paragraph (1) 
        shall be made only if the State demonstrates to the 
        satisfaction of the Secretary that the State paid the cost of 
        the utility relocation activity from funds of the State with 
        respect to transportation projects for which Federal funds are 
        obligated subsequent to April 16, 1958, for work, including 
        utility relocation activities.
            ``(4) Reimbursement eligibility for early relocation prior 
        to transportation project environmental review process.--
                    ``(A) In general.--In addition to the requirements 
                under paragraphs (1) through (3), a State may carry 
                out, at the expense of the State, an early utility 
                relocation project for a transportation project before 
                completion of the environmental review process for the 
                transportation project.
                    ``(B) Requirements for reimbursement.--Funds 
                apportioned to a State under this title may be used to 
                pay the costs incurred by the State for an early 
                utility relocation project only if the State 
                demonstrates to the Secretary, and the Secretary finds 
                that--
                            ``(i) the early utility relocation project 
                        is necessary to accommodate a transportation 
                        project;
                            ``(ii) the State provides adequate 
                        documentation to the Secretary of eligible 
                        costs incurred by the State for the early 
                        utility relocation project;
                            ``(iii) before the commencement of the 
                        utility relocation activities, an environmental 
                        review process was completed for the early 
                        utility relocation project that resulted in a 
                        finding that the early utility relocation 
                        project--
                                    ``(I) would not result in 
                                significant adverse environmental 
                                impacts; and
                                    ``(II) would comply with other 
                                applicable Federal environmental 
                                requirements;
                            ``(iv) the early utility relocation project 
                        did not influence--
                                    ``(I) the environmental review 
                                process for the transportation project;
                                    ``(II) the decision relating to the 
                                need to construct the transportation 
                                project; or
                                    ``(III) the selection of the 
                                transportation project design or 
                                location;
                            ``(v) the early utility relocation project 
                        complies with all applicable provisions of law, 
                        including regulations issued pursuant to this 
                        title;
                            ``(vi) the early utility relocation project 
                        follows applicable financial procedures and 
                        requirements, including documentation of 
                        eligible costs and the requirements under 
                        section 109(l), but not including requirements 
                        applicable to authorization and obligation of 
                        Federal funds;
                            ``(vii) the transportation project for 
                        which the early utility relocation project was 
                        necessitated was included in the applicable 
                        transportation improvement program under 
                        section 134 or 135;
                            ``(viii) before the cost incurred by a 
                        State is approved for Federal participation, 
                        environmental compliance pursuant to the 
                        National Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.) has been completed for the 
                        transportation project for which the early 
                        utility relocation project was necessitated; 
                        and
                            ``(ix) the transportation project that 
                        necessitated the utility relocation activity is 
                        approved for construction.
                    ``(C) Savings provision.--Nothing in this paragraph 
                affects other eligibility requirements or authorities 
                for Federal participation in payment of costs incurred 
                for utility relocation activities.
    ``(c) Applicability of Other Provisions.--Nothing in this section 
affects the applicability of other requirements that would otherwise 
apply to an early utility relocation project, including any applicable 
requirements under--
            ``(1) section 138;
            ``(2) the Uniform Relocation Assistance and Real Property 
        Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), 
        including regulations under part 24 of title 49, Code of 
        Federal Regulations (or successor regulations);
            ``(3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d et seq.); or
            ``(4) an environmental review process.''.

SEC. 1316. STREAMLINING OF SECTION 4(F) REVIEWS.

    Section 138(a) of title 23, United States Code, is amended--
            (1) in the fourth sentence, by striking ``In carrying out'' 
        and inserting the following:
            ``(4) Studies.--In carrying out'';
            (2) in the third sentence--
                    (A) by striking ``such land, and (2) such program'' 
                and inserting the following: ``the land; and
                    ``(B) the program'';
                    (B) by striking ``unless (1) there is'' and 
                inserting the following: ``unless--
                    ``(A) there is''; and
                    (C) by striking ``After the'' and inserting the 
                following:
            ``(3) Requirement.--After the'';
            (3) in the second sentence--
                    (A) by striking ``The Secretary of Transportation'' 
                and inserting the following:
            ``(2) Cooperation and consultation.--
                    ``(A) In general.--The Secretary''; and
                    (B) by adding at the end the following:
                    ``(B) Timeline for approvals.--
                            ``(i) In general.--The Secretary shall--
                                    ``(I) provide an evaluation under 
                                this section to the Secretaries 
                                described in subparagraph (A); and
                                    ``(II) provide a period of 30 days 
                                for receipt of comments.
                            ``(ii) Assumed acceptance.--If the 
                        Secretary does not receive comments by 15 days 
                        after the deadline under clause (i)(II), the 
                        Secretary shall assume a lack of objection and 
                        proceed with the action.
                    ``(C) Effect.--Nothing in subparagraph (B) 
                affects--
                            ``(i) the requirements under--
                                    ``(I) subsections (b) through (f); 
                                or
                                    ``(II) the consultation process 
                                under section 306108 of title 54; or
                            ``(ii) programmatic section 4(f) 
                        evaluations, as described in regulations issued 
                        by the Secretary.''; and
            (4) in the first sentence, by striking ``It is declared to 
        be'' and inserting the following:
            ``(1) In general.--It is''.

SEC. 1317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL 
              ASSISTANCE.

    Section 1317(1) of MAP-21 (23 U.S.C. 109 note; Public Law 112-141) 
is amended--
            (1) in subparagraph (A), by striking ``$5,000,000'' and 
        inserting ``$6,000,000''; and
            (2) in subparagraph (B), by striking ``$30,000,000'' and 
        inserting ``$35,000,000''.

SEC. 1318. CERTAIN GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN 
              LAND.

    (a) Definitions.--In this section:
            (1) Federal land.--
                    (A) In general.--The term ``Federal land'' means 
                land the title to which is held by the United States.
                    (B) Exclusions.--The term ``Federal land'' does not 
                include--
                            (i) a unit of the National Park System;
                            (ii) a unit of the National Wildlife Refuge 
                        System;
                            (iii) a component of the National 
                        Wilderness Preservation System;
                            (iv) a wilderness study area within the 
                        National Forest System; or
                            (v) Indian land.
            (2) Gathering line and associated field compression or 
        pumping unit.--
                    (A) In general.--The term ``gathering line and 
                associated field compression or pumping unit'' means--
                            (i) a pipeline that is installed to 
                        transport oil, natural gas and related 
                        constituents, or produced water from 1 or more 
                        wells drilled and completed to produce oil or 
                        gas; and
                            (ii) if necessary, 1 or more compressors or 
                        pumps to raise the pressure of the transported 
                        oil, natural gas and related constituents, or 
                        produced water to higher pressures necessary to 
                        enable the oil, natural gas and related 
                        constituents, or produced water to flow into 
                        pipelines and other facilities.
                    (B) Inclusions.--The term ``gathering line and 
                associated field compression or pumping unit'' includes 
                a pipeline or associated compression or pumping unit 
                that is installed to transport oil or natural gas from 
                a processing plant to a common carrier pipeline or 
                facility.
                    (C) Exclusions.--The term ``gathering line and 
                associated field compression or pumping unit'' does not 
                include a common carrier pipeline.
            (3) Indian land.--The term ``Indian land'' means land the 
        title to which is held by--
                    (A) the United States in trust for an Indian Tribe 
                or an individual Indian; or
                    (B) an Indian Tribe or an individual Indian subject 
                to a restriction by the United States against 
                alienation.
            (4) Produced water.--The term ``produced water'' means 
        water produced from an oil or gas well bore that is not a fluid 
        prepared at, or transported to, the well site to resolve a 
        specific oil or gas well bore or reservoir condition.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Certain Gathering Lines.--
            (1) In general.--Subject to paragraph (2), the issuance of 
        a sundry notice or right-of-way for a gathering line and 
        associated field compression or pumping unit that is located on 
        Federal land or Indian land and that services any oil or gas 
        well may be considered by the Secretary to be an action that is 
        categorically excluded (as defined in section 1508.1 of title 
        40, Code of Federal Regulations (as in effect on the date of 
        enactment of this Act)) for purposes of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if 
        the gathering line and associated field compression or pumping 
        unit--
                    (A) are within a field or unit for which an 
                approved land use plan or an environmental document 
                prepared pursuant to the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.) analyzed 
                transportation of oil, natural gas, or produced water 
                from 1 or more oil or gas wells in the field or unit as 
                a reasonably foreseeable activity;
                    (B) are located adjacent to or within--
                            (i) any existing disturbed area; or
                            (ii) an existing corridor for a right-of-
                        way; and
                    (C) would reduce--
                            (i) in the case of a gathering line and 
                        associated field compression or pumping unit 
                        transporting methane, the total quantity of 
                        methane that would otherwise be vented, flared, 
                        or unintentionally emitted from the field or 
                        unit; or
                            (ii) in the case of a gathering line and 
                        associated field compression or pumping unit 
                        not transporting methane, the vehicular traffic 
                        that would otherwise service the field or unit.
            (2) Applicability.--Paragraph (1) shall apply to Indian 
        land, or a portion of Indian land--
                    (A) to which the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.) applies; and
                    (B) for which the Indian Tribe with jurisdiction 
                over the Indian land submits to the Secretary a written 
                request that paragraph (1) apply to that Indian land 
                (or portion of Indian land).
    (c) Effect on Other Law.--Nothing in this section--
            (1) affects or alters any requirement--
                    (A) relating to prior consent under--
                            (i) section 2 of the Act of February 5, 
                        1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324); 
                        or
                            (ii) section 16(e) of the Act of June 18, 
                        1934 (48 Stat. 987, chapter 576; 102 Stat. 
                        2939; 114 Stat. 47; 25 U.S.C. 5123(e)) 
                        (commonly known as the ``Indian Reorganization 
                        Act'');
                    (B) under section 306108 of title 54, United States 
                Code; or
                    (C) under any other Federal law (including 
                regulations) relating to Tribal consent for rights-of-
                way across Indian land; or
            (2) makes the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) applicable to land to which that Act 
        otherwise would not apply.

SEC. 1319. ANNUAL REPORT.

    (a) Definition of Covered Project.--In this section, the term 
``covered project'' means a project or activity carried out with funds 
provided by the Department, including a project carried out under title 
23 or 49, United States Code--
            (1) that is more than 5 years behind schedule; or
            (2) for which the total amount spent on the project or 
        activity is not less than $1,000,000,000 more than the original 
        cost estimate for the project or activity.
    (b) Requirement.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Secretary shall submit to 
Congress a report on covered projects of the Department, which shall 
include, for each covered project--
            (1) a brief description of the covered project, including--
                    (A) the purpose of the covered project;
                    (B) each location in which the covered project is 
                carried out;
                    (C) the contract or award number of the covered 
                project, if applicable;
                    (D) the year in which the covered project was 
                initiated;
                    (E) the Federal share of the total cost of the 
                covered project; and
                    (F) each primary contractor, subcontractor, grant 
                recipient, and subgrantee recipient of the covered 
                project;
            (2) an explanation of any change to the original scope of 
        the covered project, including by the addition or narrowing of 
        the initial requirements of the covered project;
            (3) the original expected date for completion of the 
        covered project;
            (4) the current expected date for completion of the covered 
        project;
            (5) the original cost estimate for the covered project, as 
        adjusted to reflect increases in the Consumer Price Index for 
        All Urban Consumers, as published by the Bureau of Labor 
        Statistics;
            (6) the current cost estimate for the covered project, as 
        adjusted to reflect increases in the Consumer Price Index for 
        All Urban Consumers, as published by the Bureau of Labor 
        Statistics;
            (7) an explanation for a delay in completion or an increase 
        in the original cost estimate for the covered project, 
        including, where applicable, any impact of insufficient or 
        delayed appropriations; and
            (8) the amount of and rationale for any award, incentive 
        fee, or other type of bonus, if any, awarded for the covered 
        project.

                       Subtitle D--Climate Change

SEC. 1401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE.

    (a) Purpose.--The purpose of this section is to establish a grant 
program to strategically deploy publicly accessible electric vehicle 
charging infrastructure, hydrogen fueling infrastructure, propane 
fueling infrastructure, and natural gas fueling infrastructure along 
designated alternative fuel corridors or in certain other locations 
that will be accessible to all drivers of electric vehicles, hydrogen 
vehicles, propane vehicles, and natural gas vehicles.
    (b) Grant Program.--Section 151 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``Not later than 1 year after the 
                date of enactment of the FAST Act, the Secretary 
                shall'' and inserting ``The Secretary shall 
                periodically''; and
                    (B) by striking ``to improve the mobility'' and 
                inserting ``to support changes in the transportation 
                sector that help achieve a reduction in greenhouse gas 
                emissions and improve the mobility'';
            (2) in subsection (b)(2), by inserting ``previously 
        designated by the Federal Highway Administration or'' before 
        ``designated by'';
            (3) by striking subsection (d) and inserting the following:
    ``(d) Redesignation.--
            ``(1) Initial redesignation.--Not later than 180 days after 
        the date of enactment of the Surface Transportation 
        Reauthorization Act of 2021, the Secretary shall update and 
        redesignate the corridors under subsection (a).
            ``(2) Subsequent redesignation.--The Secretary shall 
        establish a recurring process to regularly update and 
        redesignate the corridors under subsection (a).'';
            (4) in subsection (e)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2)--
                            (i) by striking ``establishes an 
                        aspirational goal of achieving'' and inserting 
                        ``describes efforts, including through funds 
                        awarded through the grant program under 
                        subsection (f), that will aid efforts to 
                        achieve''; and
                            (ii) by striking ``by the end of fiscal 
                        year 2020.'' and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) summarizes best practices and provides guidance, 
        developed through consultation with the Secretary of Energy, 
        for project development of electric vehicle charging 
        infrastructure, hydrogen fueling infrastructure, propane 
        fueling infrastructure and natural gas fueling infrastructure 
        at the State, Tribal, and local level to allow for the 
        predictable deployment of that infrastructure.''; and
            (5) by adding at the end the following:
    ``(f) Grant Program.--
            ``(1) Definition of private entity.--In this subsection, 
        the term `private entity' means a corporation, partnership, 
        company, or nonprofit organization.
            ``(2) Establishment.--Not later than 1 year after the date 
        of enactment of the Surface Transportation Reauthorization Act 
        of 2021, the Secretary shall establish a grant program to award 
        grants to eligible entities to carry out the activities 
        described in paragraph (6).
            ``(3) Eligible entities.--An entity eligible to receive a 
        grant under this subsection is--
                    ``(A) a State or political subdivision of a State;
                    ``(B) a metropolitan planning organization;
                    ``(C) a unit of local government;
                    ``(D) a special purpose district or public 
                authority with a transportation function, including a 
                port authority;
                    ``(E) an Indian tribe (as defined in section 4 of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 5304));
                    ``(F) a territory of the United States;
                    ``(G) an authority, agency, or instrumentality of, 
                or an entity owned by, 1 or more entities described in 
                subparagraphs (A) through (F); or
                    ``(H) a group of entities described in 
                subparagraphs (A) through (G).
            ``(4) Applications.--To be eligible to receive a grant 
        under this subsection, an eligible entity shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary shall require, 
        including--
                    ``(A) a description of how the eligible entity has 
                considered--
                            ``(i) public accessibility of charging or 
                        fueling infrastructure proposed to be funded 
                        with a grant under this subsection, including--
                                    ``(I) charging or fueling connector 
                                types and publicly available 
                                information on real-time availability; 
                                and
                                    ``(II) payment methods to ensure 
                                secure, convenient, fair, and equal 
                                access;
                            ``(ii) collaborative engagement with 
                        stakeholders (including automobile 
                        manufacturers, utilities, infrastructure 
                        providers, technology providers, electric 
                        charging, hydrogen, propane, and natural gas 
                        fuel providers, metropolitan planning 
                        organizations, States, Indian tribes, and units 
                        of local governments, fleet owners, fleet 
                        managers, fuel station owners and operators, 
                        labor organizations, infrastructure 
                        construction and component parts suppliers, and 
                        multi-State and regional entities)--
                                    ``(I) to foster enhanced, 
                                coordinated, public-private or private 
                                investment in electric vehicle charging 
                                infrastructure, hydrogen fueling 
                                infrastructure, propane fueling 
                                infrastructure, or natural gas fueling 
                                infrastructure;
                                    ``(II) to expand deployment of 
                                electric vehicle charging 
                                infrastructure, hydrogen fueling 
                                infrastructure, propane fueling 
                                infrastructure, or natural gas fueling 
                                infrastructure;
                                    ``(III) to protect personal privacy 
                                and ensure cybersecurity; and
                                    ``(IV) to ensure that a properly 
                                trained workforce is available to 
                                construct and install electric vehicle 
                                charging infrastructure, hydrogen 
                                fueling infrastructure, propane fueling 
                                infrastructure, or natural gas fueling 
                                infrastructure;
                            ``(iii) the location of the station or 
                        fueling site, such as consideration of--
                                    ``(I) the availability of onsite 
                                amenities for vehicle operators, such 
                                as restrooms or food facilities;
                                    ``(II) access in compliance with 
                                the Americans with Disabilities Act of 
                                1990 (42 U.S.C. 12101 et seq.);
                                    ``(III) height and fueling capacity 
                                requirements for facilities that charge 
                                or refuel large vehicles, such as semi-
                                trailer trucks; and
                                    ``(IV) appropriate distribution to 
                                avoid redundancy and fill charging or 
                                fueling gaps;
                            ``(iv) infrastructure installation that can 
                        be responsive to technology advancements, such 
                        as accommodating autonomous vehicles, vehicle-
                        to-grid technology, and future charging 
                        methods; and
                            ``(v) the long-term operation and 
                        maintenance of the electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, propane fueling infrastructure, 
                        or natural gas fueling infrastructure, to avoid 
                        stranded assets and protect the investment of 
                        public funds in that infrastructure; and
                    ``(B) an assessment of the estimated emissions that 
                will be reduced through the use of electric vehicle 
                charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, or 
                natural gas fueling infrastructure, which shall be 
                conducted using the Alternative Fuel Life-Cycle 
                Environmental and Economic Transportation (AFLEET) tool 
                developed by Argonne National Laboratory (or a 
                successor tool).
            ``(5) Considerations.--In selecting eligible entities to 
        receive a grant under this subsection, the Secretary shall--
                    ``(A) consider the extent to which the application 
                of the eligible entity would--
                            ``(i) improve alternative fueling corridor 
                        networks by--
                                    ``(I) converting corridor-pending 
                                corridors to corridor-ready corridors; 
                                or
                                    ``(II) in the case of corridor-
                                ready corridors, providing redundancy--
                                            ``(aa) to meet excess 
                                        demand for charging or fueling 
                                        infrastructure; or
                                            ``(bb) to reduce congestion 
                                        at existing charging or fueling 
                                        infrastructure in high-traffic 
                                        locations;
                            ``(ii) meet current or anticipated market 
                        demands for charging or fueling infrastructure;
                            ``(iii) enable or accelerate the 
                        construction of charging or fueling 
                        infrastructure that would be unlikely to be 
                        completed without Federal assistance;
                            ``(iv) support a long-term competitive 
                        market for electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, propane fueling infrastructure, 
                        or natural gas fueling infrastructure that does 
                        not significantly impair existing electric 
                        vehicle charging infrastructure, hydrogen 
                        fueling infrastructure, propane fueling 
                        infrastructure, or natural gas fueling 
                        infrastructure providers;
                            ``(v) provide access to electric vehicle 
                        charging infrastructure, hydrogen fueling 
                        infrastructure, propane fueling infrastructure, 
                        or natural gas fueling infrastructure in areas 
                        with a current or forecasted need; and
                            ``(vi) deploy electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, propane fueling infrastructure, 
                        or natural gas fueling infrastructure for 
                        medium- and heavy-duty vehicles (including 
                        along the National Highway Freight Network 
                        established under section 167(c)) and in 
                        proximity to intermodal transfer stations;
                    ``(B) ensure, to the maximum extent practicable, 
                geographic diversity among grant recipients to ensure 
                that electric vehicle charging infrastructure, hydrogen 
                fueling infrastructure, propane fueling infrastructure, 
                or natural gas fueling infrastructure is available 
                throughout the United States;
                    ``(C) consider whether the private entity that the 
                eligible entity contracts with under paragraph (6)--
                            ``(i) submits to the Secretary the most 
                        recent year of audited financial statements; 
                        and
                            ``(ii) has experience in installing and 
                        operating electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, propane fueling infrastructure, 
                        or natural gas fueling infrastructure; and
                    ``(D) consider whether, to the maximum extent 
                practicable, the eligible entity and the private entity 
                that the eligible entity contracts with under paragraph 
                (6) enter into an agreement--
                            ``(i) to operate and maintain publicly 
                        available electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, propane fueling infrastructure, 
                        or natural gas infrastructure; and
                            ``(ii) that provides a remedy and an 
                        opportunity to cure if the requirements 
                        described in clause (i) are not met.
            ``(6) Use of funds.--
                    ``(A) In general.--An eligible entity receiving a 
                grant under this subsection shall only use the funds in 
                accordance with this paragraph to contract with a 
                private entity for acquisition and installation of 
                publicly accessible electric vehicle charging 
                infrastructure, hydrogen fueling infrastructure, 
                propane fueling infrastructure, or natural gas fueling 
                infrastructure that is directly related to the charging 
                or fueling of a vehicle.
                    ``(B) Location of infrastructure.--Any publicly 
                accessible electric vehicle charging infrastructure, 
                hydrogen fueling infrastructure, propane fueling 
                infrastructure, or natural gas fueling infrastructure 
                acquired and installed with a grant under this 
                subsection shall be located along an alternative fuel 
                corridor designated under this section, on the 
                condition that any affected Indian tribes are consulted 
                before the designation.
                    ``(C) Operating assistance.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), an eligible entity that receives a 
                        grant under this subsection may use a portion 
                        of the funds to provide to a private entity 
                        operating assistance for the first 5 years of 
                        operations after the installation of publicly 
                        available electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, propane fueling infrastructure, 
                        or natural gas fueling infrastructure while the 
                        facility transitions to independent system 
                        operations.
                            ``(ii) Inclusions.--Operating assistance 
                        under this subparagraph shall be limited to 
                        costs allocable to operating and maintaining 
                        the electric vehicle charging infrastructure, 
                        hydrogen fueling infrastructure, propane 
                        fueling infrastructure, or natural gas fueling 
                        infrastructure and service.
                            ``(iii) Limitation.--Operating assistance 
                        under this subparagraph may not exceed the 
                        amount of a contract under subparagraph (A) to 
                        acquire and install publicly accessible 
                        electric vehicle charging infrastructure, 
                        hydrogen fueling infrastructure, propane 
                        fueling infrastructure, or natural gas fueling 
                        infrastructure.
                    ``(D) Traffic control devices.--
                            ``(i) In general.--Subject to this 
                        paragraph, an eligible entity that receives a 
                        grant under this subsection may use a portion 
                        of the funds to acquire and install traffic 
                        control devices located in the right-of-way to 
                        provide directional information to publicly 
                        accessible electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, propane fueling infrastructure, 
                        or natural gas fueling infrastructure acquired, 
                        installed, or operated with the grant.
                            ``(ii) Applicability.--Clause (i) shall 
                        apply only to an eligible entity that--
                                    ``(I) receives a grant under this 
                                subsection; and
                                    ``(II) is using that grant for the 
                                acquisition and installation of 
                                publicly accessible electric vehicle 
                                charging infrastructure, hydrogen 
                                fueling infrastructure, propane fueling 
                                infrastructure, or natural gas fueling 
                                infrastructure.
                            ``(iii) Limitation on amount.--The amount 
                        of funds used to acquire and install traffic 
                        control devices under clause (i) may not exceed 
                        the amount of a contract under subparagraph (A) 
                        to acquire and install publicly accessible 
                        charging or fueling infrastructure.
                            ``(iv) No new authority created.--Nothing 
                        in this subparagraph authorizes an eligible 
                        entity that receives a grant under this 
                        subsection to acquire and install traffic 
                        control devices if the entity is not otherwise 
                        authorized to do so.
                    ``(E) Revenue.--
                            ``(i) In general.--An eligible entity 
                        receiving a grant under this subsection and a 
                        private entity referred to in subparagraph (A) 
                        may enter into a cost-sharing agreement under 
                        which the private entity submits to the 
                        eligible entity a portion of the revenue from 
                        the electric vehicle charging infrastructure, 
                        hydrogen fueling infrastructure, propane 
                        fueling infrastructure, or natural gas fueling 
                        infrastructure.
                            ``(ii) Uses of revenue.--An eligible entity 
                        that receives revenue from a cost-sharing 
                        agreement under clause (i) may only use that 
                        revenue for a project that is eligible under 
                        this title.
            ``(7) Certain fuels.--The use of grants for propane fueling 
        infrastructure under this subsection shall be limited to 
        infrastructure for medium- and heavy-duty vehicles.
            ``(8) Community grants.--
                    ``(A) In general.--Notwithstanding paragraphs (4), 
                (5), and (6), the Secretary shall reserve 50 percent of 
                the amounts made available each fiscal year to carry 
                out this section to provide grants to eligible entities 
                in accordance with this paragraph.
                    ``(B) Applications.--To be eligible to receive a 
                grant under this paragraph, an eligible entity shall 
                submit to the Secretary an application at such time, in 
                such manner, and containing such information as the 
                Secretary may require.
                    ``(C) Eligible entities.--An entity eligible to 
                receive a grant under this paragraph is--
                            ``(i) an entity described in paragraph (3); 
                        and
                            ``(ii) a State or local authority with 
                        ownership of publicly accessible transportation 
                        facilities.
                    ``(D) Eligible projects.--The Secretary may provide 
                a grant under this paragraph for a project that is 
                expected to reduce greenhouse gas emissions and to 
                expand or fill gaps in access to publicly accessible 
                electric vehicle charging infrastructure, hydrogen 
                fueling infrastructure, propane fueling infrastructure, 
                or natural gas fueling infrastructure, including--
                            ``(i) development phase activities, 
                        including planning, feasibility analysis, 
                        revenue forecasting, environmental review, 
                        preliminary engineering and design work, and 
                        other preconstruction activities; and
                            ``(ii) the acquisition and installation of 
                        electric vehicle charging infrastructure, 
                        hydrogen fueling infrastructure, propane 
                        fueling infrastructure, or natural gas fueling 
                        infrastructure that is directly related to the 
                        charging or fueling of a vehicle, including any 
                        related construction or reconstruction and the 
                        acquisition of real property directly related 
                        to the project, such as locations described in 
                        subparagraph (E), to expand access to electric 
                        vehicle charging infrastructure, hydrogen 
                        fueling infrastructure, propane fueling 
                        infrastructure, or natural gas fueling 
                        infrastructure.
                    ``(E) Project locations.--A project receiving a 
                grant under this paragraph may be located on any public 
                road or in other publicly accessible locations, such as 
                parking facilities at public buildings, public schools, 
                and public parks, or in publicly accessible parking 
                facilities owned or managed by a private entity.
                    ``(F) Priority.--In providing grants under this 
                paragraph, the Secretary shall give priority to 
                projects that expand access to electric vehicle 
                charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, or 
                natural gas fueling infrastructure within--
                            ``(i) rural areas;
                            ``(ii) low- and moderate-income 
                        neighborhoods; and
                            ``(iii) communities with a low ratio of 
                        private parking spaces to households or a high 
                        ratio of multiunit dwellings to single family 
                        homes, as determined by the Secretary.
                    ``(G) Additional considerations.--In providing 
                grants under this paragraph, the Secretary shall 
                consider the extent to which the project--
                            ``(i) contributes to geographic diversity 
                        among eligible entities, including achieving a 
                        balance between urban and rural communities; 
                        and
                            ``(ii) meets current or anticipated market 
                        demands for charging or fueling infrastructure, 
                        including faster charging speeds with high-
                        powered capabilities necessary to minimize the 
                        time to charge or refuel current and 
                        anticipated vehicles.
                    ``(H) Partnering with private entities.--An 
                eligible entity that receives a grant under this 
                paragraph may use the grant funds to contract with a 
                private entity for the acquisition, construction, 
                installation, maintenance, or operation of electric 
                vehicle charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, or 
                natural gas fueling infrastructure that is directly 
                related to the charging or fueling of a vehicle.
                    ``(I) Maximum grant amount.--The amount of a grant 
                under this paragraph shall not be more than 
                $15,000,000.
                    ``(J) Technical assistance.--Of the amounts 
                reserved under subparagraph (A), the Secretary may use 
                not more than 1 percent to provide technical assistance 
                to eligible entities.
                    ``(K) Additional activities.--The recipient of a 
                grant under this paragraph may use not more than 5 
                percent of the grant funds on educational and community 
                engagement activities to develop and implement 
                education programs through partnerships with schools, 
                community organizations, and vehicle dealerships to 
                support the use of zero-emission vehicles and 
                associated infrastructure.
            ``(9) Requirements.--
                    ``(A) Project treatment.--Notwithstanding any other 
                provision of law, any project funded by a grant under 
                this subsection shall be treated as a project on a 
                Federal-aid highway under this chapter.
                    ``(B) Signs.--Any traffic control device or on-
                premises sign acquired, installed, or operated with a 
                grant under this subsection shall comply with--
                            ``(i) the Manual on Uniform Traffic Control 
                        Devices, if located in the right-of-way; and
                            ``(ii) other provisions of Federal, State, 
                        and local law, as applicable.
            ``(10) Federal share.--
                    ``(A) In general.--The Federal share of the cost of 
                a project carried out with a grant under this 
                subsection shall not exceed 80 percent of the total 
                project cost.
                    ``(B) Responsibility of private entity.--As a 
                condition of contracting with an eligible entity under 
                paragraph (6) or (8), a private entity shall agree to 
                pay the share of the cost of a project carried out with 
                a grant under this subsection that is not paid by the 
                Federal Government under subparagraph (A).
            ``(11) Report.--Not later than 3 years after the date of 
        enactment of this subsection, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and make publicly available a report on the 
        progress and implementation of this subsection.''.

SEC. 1402. REDUCTION OF TRUCK EMISSIONS AT PORT FACILITIES.

    (a) Establishment of Program.--
            (1) In general.--The Secretary shall establish a program to 
        reduce idling at port facilities, under which the Secretary 
        shall--
                    (A) study how ports and intermodal port transfer 
                facilities would benefit from increased opportunities 
                to reduce emissions at ports, including through the 
                electrification of port operations;
                    (B) study emerging technologies and strategies that 
                may help reduce port-related emissions from idling 
                trucks; and
                    (C) coordinate and provide funding to test, 
                evaluate, and deploy projects that reduce port-related 
                emissions from idling trucks, including through the 
                advancement of port electrification and improvements in 
                efficiency, focusing on port operations, including 
                heavy-duty commercial vehicles, and other related 
                projects.
            (2) Consultation.--In carrying out the program under this 
        subsection, the Secretary may consult with the Secretary of 
        Energy and the Administrator of the Environmental Protection 
        Agency.
    (b) Grants.--
            (1) In general.--In carrying out subsection (a)(1)(C), the 
        Secretary shall award grants to fund projects that reduce 
        emissions at ports, including through the advancement of port 
        electrification.
            (2) Cost share.--A grant awarded under paragraph (1) shall 
        not exceed 80 percent of the total cost of the project funded 
        by the grant.
            (3) Coordination.--In carrying out the grant program under 
        this subsection, the Secretary shall--
                    (A) to the maximum extent practicable, leverage 
                existing resources and programs of the Department and 
                other relevant Federal agencies; and
                    (B) coordinate with other Federal agencies, as the 
                Secretary determines to be appropriate.
            (4) Application; selection.--
                    (A) Application.--The Secretary shall solicit 
                applications for grants under paragraph (1) at such 
                time, in such manner, and containing such information 
                as the Secretary determines to be necessary.
                    (B) Selection.--The Secretary shall make grants 
                under paragraph (1) by not later than April 1 of each 
                fiscal year for which funding is made available.
            (5) Requirement.--Notwithstanding any other provision of 
        law, any project funded by a grant under this subsection shall 
        be treated as a project on a Federal-aid highway under chapter 
        1 of title 23, United States Code.
    (c) Report.--Not later than 1 year after the date on which all of 
the projects funded with a grant under subsection (b) are completed, 
the Secretary shall submit to Congress a report that includes--
            (1) the findings of the studies described in subparagraphs 
        (A) and (B) of subsection (a)(1);
            (2) the results of the projects that received a grant under 
        subsection (b);
            (3) any recommendations for workforce development and 
        training opportunities with respect to port electrification; 
        and
            (4) any policy recommendations based on the findings and 
        results described in paragraphs (1) and (2).

SEC. 1403. CARBON REDUCTION PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 1203(a)), is amended by adding at the end the 
following:
``Sec. 175. Carbon reduction program
    ``(a) Definitions.--In this section:
            ``(1) Metropolitan planning organization; urbanized area.--
        The terms `metropolitan planning organization' and `urbanized 
        area' have the meaning given those terms in section 134(b).
            ``(2) Transportation emissions.--The term `transportation 
        emissions' means carbon dioxide emissions from on-road highway 
        sources of those emissions within a State.
            ``(3) Transportation management area.--The term 
        `transportation management area' means a transportation 
        management area identified or designated by the Secretary under 
        section 134(k)(1).
    ``(b) Establishment.--The Secretary shall establish a carbon 
reduction program to reduce transportation emissions.
    ``(c) Eligible Projects.--
            ``(1) In general.--Subject to paragraph (2), funds 
        apportioned to a State under section 104(b)(7) may be obligated 
        for projects to support the reduction of transportation 
        emissions, including--
                    ``(A) a project described in section 149(b)(4) to 
                establish or operate a traffic monitoring, management, 
                and control facility or program, including advanced 
                truck stop electrification systems;
                    ``(B) a public transportation project that is 
                eligible for assistance under section 142;
                    ``(C) a project described in section 101(a)(29) (as 
                in effect on the day before the date of enactment of 
                the FAST Act (Public Law 114-94; 129 Stat. 1312)), 
                including the construction, planning, and design of on-
                road and off-road trail facilities for pedestrians, 
                bicyclists, and other nonmotorized forms of 
                transportation;
                    ``(D) a project described in section 503(c)(4)(E) 
                for advanced transportation and congestion management 
                technologies;
                    ``(E) a project for the deployment of 
                infrastructure-based intelligent transportation systems 
                capital improvements and the installation of vehicle-
                to-infrastructure communications equipment, including 
                retrofitting dedicated short-range communications 
                (DSRC) technology deployed as part of an existing pilot 
                program to cellular vehicle-to-everything (C-V2X) 
                technology;
                    ``(F) a project to replace street lighting and 
                traffic control devices with energy-efficient 
                alternatives;
                    ``(G) the development of a carbon reduction 
                strategy in accordance with subsection (d);
                    ``(H) a project or strategy that is designed to 
                support congestion pricing, shifting transportation 
                demand to nonpeak hours or other transportation modes, 
                increasing vehicle occupancy rates, or otherwise 
                reducing demand for roads, including electronic toll 
                collection, and travel demand management strategies and 
                programs;
                    ``(I) efforts to reduce the environmental and 
                community impacts of freight movement;
                    ``(J) a project to support deployment of 
                alternative fuel vehicles, including--
                            ``(i) the acquisition, installation, or 
                        operation of publicly accessible electric 
                        vehicle charging infrastructure or hydrogen, 
                        natural gas, or propane vehicle fueling 
                        infrastructure; and
                            ``(ii) the purchase or lease of zero-
                        emission construction equipment and vehicles, 
                        including the acquisition, construction, or 
                        leasing of required supporting facilities;
                    ``(K) a project described in section 149(b)(8) for 
                a diesel engine retrofit;
                    ``(L) a project described in section 149(b)(5) that 
                does not result in the construction of new capacity; 
                and
                    ``(M) a project that reduces transportation 
                emissions at port facilities, including through the 
                advancement of port electrification.
            ``(2) Flexibility.--In addition to the eligible projects 
        under paragraph (1), a State may use funds apportioned under 
        section 104(b)(7) for a project eligible under section 133(b) 
        if the Secretary certifies that the State has demonstrated a 
        reduction in transportation emissions--
                    ``(A) as estimated on a per capita basis; and
                    ``(B) as estimated on a per unit of economic output 
                basis.
    ``(d) Carbon Reduction Strategy.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Surface Transportation Reauthorization Act of 
        2021, a State, in consultation with any metropolitan planning 
        organization designated within the State, shall develop a 
        carbon reduction strategy in accordance with this subsection.
            ``(2) Requirements.--The carbon reduction strategy of a 
        State developed under paragraph (1) shall--
                    ``(A) support efforts to reduce transportation 
                emissions;
                    ``(B) identify projects and strategies to reduce 
                transportation emissions, which may include projects 
                and strategies for safe, reliable, and cost-effective 
                options--
                            ``(i) to reduce traffic congestion by 
                        facilitating the use of alternatives to single-
                        occupant vehicle trips, including public 
                        transportation facilities, pedestrian 
                        facilities, bicycle facilities, and shared or 
                        pooled vehicle trips within the State or an 
                        area served by the applicable metropolitan 
                        planning organization, if any;
                            ``(ii) to facilitate the use of vehicles or 
                        modes of travel that result in lower 
                        transportation emissions per person-mile 
                        traveled as compared to existing vehicles and 
                        modes; and
                            ``(iii) to facilitate approaches to the 
                        construction of transportation assets that 
                        result in lower transportation emissions as 
                        compared to existing approaches;
                    ``(C) support the reduction of transportation 
                emissions of the State;
                    ``(D) at the discretion of the State, quantify the 
                total carbon emissions from the production, transport, 
                and use of materials used in the construction of 
                transportation facilities within the State; and
                    ``(E) be appropriate to the population density and 
                context of the State, including any metropolitan 
                planning organization designated within the State.
            ``(3) Updates.--The carbon reduction strategy of a State 
        developed under paragraph (1) shall be updated not less 
        frequently than once every 4 years.
            ``(4) Review.--Not later than 90 days after the date on 
        which a State submits a request for the approval of a carbon 
        reduction strategy developed by the State under paragraph (1), 
        the Secretary shall--
                    ``(A) review the process used to develop the carbon 
                reduction strategy; and
                    ``(B)(i) certify that the carbon reduction strategy 
                meets the requirements of paragraph (2); or
                    ``(ii) deny certification of the carbon reduction 
                strategy and specify the actions necessary for the 
                State to take to correct the deficiencies in the 
                process of the State in developing the carbon reduction 
                strategy.
            ``(5) Technical assistance.--At the request of a State, the 
        Secretary shall provide technical assistance in the development 
        of the carbon reduction strategy under paragraph (1).
    ``(e) Suballocation.--
            ``(1) In general.--For each fiscal year, of the funds 
        apportioned to the State under section 104(b)(7)--
                    ``(A) 65 percent shall be obligated, in proportion 
                to their relative shares of the population of the 
                State--
                            ``(i) in urbanized areas of the State with 
                        an urbanized area population of more than 
                        200,000;
                            ``(ii) in urbanized areas of the State with 
                        an urbanized population of not less than 50,000 
                        and not more than 200,000;
                            ``(iii) in urban areas of the State with a 
                        population of not less than 5,000 and not more 
                        than 49,999; and
                            ``(iv) in other areas of the State with a 
                        population of less than 5,000; and
                    ``(B) the remainder may be obligated in any area of 
                the State.
            ``(2) Metropolitan areas.--Funds attributed to an urbanized 
        area under paragraph (1)(A)(i) may be obligated in the 
        metropolitan area established under section 134 that 
        encompasses the urbanized area.
            ``(3) Distribution among urbanized areas of over 50,000 
        population.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the amounts that a State is required 
                to obligate under clauses (i) and (ii) of paragraph 
                (1)(A) shall be obligated in urbanized areas described 
                in those clauses based on the relative population of 
                the areas.
                    ``(B) Other factors.--The State may obligate the 
                funds described in subparagraph (A) based on other 
                factors if--
                            ``(i) the State and the relevant 
                        metropolitan planning organizations jointly 
                        apply to the Secretary for the permission to 
                        base the obligation on other factors; and
                            ``(ii) the Secretary grants the request.
            ``(4) Coordination in urbanized areas.--Before obligating 
        funds for an eligible project under subsection (c) in an 
        urbanized area that is not a transportation management area, a 
        State shall coordinate with any metropolitan planning 
        organization that represents the urbanized area prior to 
        determining which activities should be carried out under the 
        project.
            ``(5) Consultation in rural areas.--Before obligating funds 
        for an eligible project under subsection (c) in a rural area, a 
        State shall consult with any regional transportation planning 
        organization or metropolitan planning organization that 
        represents the rural area prior to determining which activities 
        should be carried out under the project.
            ``(6) Obligation authority.--
                    ``(A) In general.--A State that is required to 
                obligate in an urbanized area with an urbanized area 
                population of 50,000 or more under this subsection 
                funds apportioned to the State under section 104(b)(7) 
                shall make available during the period of fiscal years 
                2022 through 2026 an amount of obligation authority 
                distributed to the State for Federal-aid highways and 
                highway safety construction programs for use in the 
                area that is equal to the amount obtained by 
                multiplying--
                            ``(i) the aggregate amount of funds that 
                        the State is required to obligate in the area 
                        under this subsection during the period; and
                            ``(ii) the ratio that--
                                    ``(I) the aggregate amount of 
                                obligation authority distributed to the 
                                State for Federal-aid highways and 
                                highway safety construction programs 
                                during the period; bears to
                                    ``(II) the total of the sums 
                                apportioned to the State for Federal-
                                aid highways and highway safety 
                                construction programs (excluding sums 
                                not subject to an obligation 
                                limitation) during the period.
                    ``(B) Joint responsibility.--Each State, each 
                affected metropolitan planning organization, and the 
                Secretary shall jointly ensure compliance with 
                subparagraph (A).
    ``(f) Federal Share.--The Federal share of the cost of a project 
carried out using funds apportioned to a State under section 104(b)(7) 
shall be determined in accordance with section 120.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 1203(b)) is amended by 
inserting after the item relating to section 174 the following:

``175. Carbon reduction program.''.

SEC. 1404. CONGESTION RELIEF PROGRAM.

    (a) In General.--Section 129 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(d) Congestion Relief Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means any of the following:
                            ``(i) A State, for the purpose of carrying 
                        out a project in an urbanized area with a 
                        population of more than 1,000,000.
                            ``(ii) A metropolitan planning 
                        organization, city, or municipality, for the 
                        purpose of carrying out a project in an 
                        urbanized area with a population of more than 
                        1,000,000.
                    ``(B) Integrated congestion management system.--The 
                term `integrated congestion management system' means a 
                system for the integration of management and operations 
                of a regional transportation system that includes, at a 
                minimum, traffic incident management, work zone 
                management, traffic signal timing, managed lanes, real-
                time traveler information, and active traffic 
                management, in order to maximize the capacity of all 
                facilities and modes across the applicable region.
                    ``(C) Program.--The term `program' means the 
                congestion relief program established under paragraph 
                (2).
            ``(2) Establishment.--The Secretary shall establish a 
        congestion relief program to provide discretionary grants to 
        eligible entities to advance innovative, integrated, and 
        multimodal solutions to congestion relief in the most congested 
        metropolitan areas of the United States.
            ``(3) Program goals.--The goals of the program are to 
        reduce highway congestion, reduce economic and environmental 
        costs associated with that congestion, including transportation 
        emissions, and optimize existing highway capacity and usage of 
        highway and transit systems through--
                    ``(A) improving intermodal integration with 
                highways, highway operations, and highway performance;
                    ``(B) reducing or shifting highway users to off-
                peak travel times or to nonhighway travel modes during 
                peak travel times; and
                    ``(C) pricing of, or based on, as applicable--
                            ``(i) parking;
                            ``(ii) use of roadways, including in 
                        designated geographic zones; or
                            ``(iii) congestion.
            ``(4) Eligible projects.--Funds from a grant under the 
        program may be used for a project or an integrated collection 
        of projects, including planning, design, implementation, and 
        construction activities, to achieve the program goals under 
        paragraph (3), including--
                    ``(A) deployment and operation of an integrated 
                congestion management system;
                    ``(B) deployment and operation of a system that 
                implements or enforces high occupancy vehicle toll 
                lanes, cordon pricing, parking pricing, or congestion 
                pricing;
                    ``(C) deployment and operation of mobility 
                services, including establishing account-based 
                financial systems, commuter buses, commuter vans, 
                express operations, paratransit, and on-demand 
                microtransit; and
                    ``(D) incentive programs that encourage travelers 
                to carpool, use nonhighway travel modes during peak 
                period, or travel during nonpeak periods.
            ``(5) Application; selection.--
                    ``(A) Application.--To be eligible to receive a 
                grant under the program, an eligible entity shall 
                submit to the Secretary an application at such time, in 
                such manner, and containing such information as the 
                Secretary may require.
                    ``(B) Priority.--In providing grants under the 
                program, the Secretary shall give priority to projects 
                in urbanized areas that are experiencing a high degree 
                of recurrent congestion.
                    ``(C) Federal share.--The Federal share of the cost 
                of a project carried out with a grant under the program 
                shall not exceed 80 percent of the total project cost.
                    ``(D) Minimum award.--A grant provided under the 
                program shall be not less than $10,000,000.
            ``(6) Use of tolling.--
                    ``(A) In general.--Notwithstanding subsection 
                (a)(1) and section 301 and subject to subparagraphs (B) 
                and (C), the Secretary shall allow the use of tolls on 
                the Interstate System as part of a project carried out 
                with a grant under the program.
                    ``(B) Requirements.--The Secretary may only approve 
                the use of tolls under subparagraph (A) if--
                            ``(i) the eligible entity has authority 
                        under State, and if applicable, local, law to 
                        assess the applicable toll;
                            ``(ii) the maximum toll rate for any 
                        vehicle class is not greater than the product 
                        obtained by multiplying--
                                    ``(I) the toll rate for any other 
                                vehicle class; and
                                    ``(II) 5;
                            ``(iii) the toll rates are not charged or 
                        varied on the basis of State residency;
                            ``(iv) the Secretary determines that the 
                        use of tolls will enable the eligible entity to 
                        achieve the program goals under paragraph (3) 
                        without a significant impact to safety or 
                        mobility within the urbanized area in which the 
                        project is located; and
                            ``(v) the use of toll revenues complies 
                        with subsection (a)(3).
                    ``(C) Limitation.--The Secretary may not approve 
                the use of tolls on the Interstate System under the 
                program in more than 10 urbanized areas.
            ``(7) Financial effects on low-income drivers.--A project 
        under the program--
                    ``(A) shall include, if appropriate, an analysis of 
                the potential effects of the project on low-income 
                drivers; and
                    ``(B) may include mitigation measures to deal with 
                any potential adverse financial effects on low-income 
                drivers.''.
    (b) High Occupancy Vehicle Use of Certain Toll Facilities.--Section 
129(a) of title 23, United States Code, is amended--
            (1) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following:
            ``(10) High occupancy vehicle use of certain toll 
        facilities.--Notwithstanding section 102(a), in the case of a 
        toll facility that is on the Interstate System and that is 
        constructed or converted after the date of enactment of the 
        Surface Transportation Reauthorization Act of 2021, the public 
        authority with jurisdiction over the toll facility shall allow 
        high occupancy vehicles, transit, and paratransit vehicles to 
        use the facility at a discount rate or without charge, unless 
        the public authority, in consultation with the Secretary, 
        determines that the number of those vehicles using the facility 
        reduces the travel time reliability of the facility.''.

SEC. 1405. FREIGHT PLANS.

    (a) National and State Freight Plans.--
            (1) National freight strategic plan.--Section 70102(b) of 
        title 49, United States Code, is amended--
                    (A) in paragraph (10), by striking ``and'' at the 
                end;
                    (B) in paragraph (11), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(12) possible strategies to increase the resilience of 
        the freight system, including the ability to anticipate, 
        prepare for, or adapt to conditions, or withstand, respond to, 
        or recover rapidly from disruptions, including extreme weather 
        and natural disasters;
            ``(13) strategies to promote United States economic growth 
        and international competitiveness; and
            ``(14) strategies to reduce local air pollution from 
        freight movement, stormwater runoff, and wildlife habitat loss 
        resulting from freight facilities, freight vehicles, or freight 
        activity.''.
            (2) State freight plans.--Section 70202 of title 49, United 
        States Code, is amended--
                    (A) in subsection (b)--
                            (i) in paragraph (9), by striking ``and'' 
                        at the end;
                            (ii) by redesignating paragraph (10) as 
                        paragraph (12); and
                            (iii) by inserting after paragraph (9) the 
                        following:
            ``(10) the most recent commercial motor vehicle parking 
        facilities assessment conducted under subsection (f);
            ``(11) strategies and goals to decrease--
                    ``(A) the severity of impacts of extreme weather 
                and natural disasters on freight mobility;
                    ``(B) the impacts of freight movement on local air 
                pollution;
                    ``(C) the impacts of freight movement on flooding 
                and stormwater runoff; and
                    ``(D) the impacts of freight movement on wildlife 
                habitat loss; and'';
                    (B) by redesignating subsection (e) as subsection 
                (h); and
                    (C) by inserting after subsection (d) the 
                following:
    ``(e) Priority.--Each State freight plan under this section shall 
include a requirement that the State, in carrying out activities under 
the State freight plan--
            ``(1) enhance reliability or redundancy of freight 
        transportation; or
            ``(2) incorporate the ability to rapidly restore access and 
        reliability of freight transportation.
    ``(f) Commercial Motor Vehicle Parking Facilities Assessments.--As 
part of the development or updating, as applicable, of the State 
freight plan under this section, each State that receives funding under 
section 167 of title 23, in consultation with relevant State motor 
carrier safety personnel, shall conduct an assessment of--
            ``(1) the capability of the State, together with the 
        private sector in the State, to provide adequate parking 
        facilities and rest facilities for commercial motor vehicles 
        engaged in interstate transportation;
            ``(2) the volume of commercial motor vehicle traffic in the 
        State; and
            ``(3) whether there are any areas within the State that 
        have a shortage of adequate commercial motor vehicle parking 
        facilities, including an analysis (economic or otherwise, as 
        the State determines to be appropriate) of the underlying 
        causes of any such shortages.
    ``(g) Approval.--
            ``(1) In general.--The Secretary of Transportation shall 
        approve a State freight plan described in subsection (a) if the 
        plan achieves compliance with the requirements of this section.
            ``(2) Savings provision.--Nothing in this subsection 
        establishes new procedural requirements for the approval of a 
        State freight plan described in subsection (a).''.
    (b) Studies.--For the purpose of facilitating the integration of 
intelligent transportation systems into the freight transportation 
network powered by electricity, the Secretary, acting through the 
Administrator of the Federal Highway Administration, shall conduct a 
study relating to--
            (1) preparing to supply power to applicable electrical 
        freight infrastructure; and
            (2) safely integrating freight into intelligent 
        transportation systems.

SEC. 1406. PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE, 
              EFFICIENT, AND COST-SAVING TRANSPORTATION (PROTECT) 
              PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 1403(a)), is amended by adding at the end the 
following:
``Sec. 176. Promoting Resilient Operations for Transformative, 
              Efficient, and Cost-saving Transportation (PROTECT) 
              program
    ``(a) Definitions.--In this section:
            ``(1) Emergency event.--The term `emergency event' means a 
        natural disaster or catastrophic failure resulting in--
                    ``(A) an emergency declared by the Governor of the 
                State in which the disaster or failure occurred; or
                    ``(B) an emergency or disaster declared by the 
                President.
            ``(2) Evacuation route.--The term `evacuation route' means 
        a transportation route or system that--
                    ``(A) is owned, operated, or maintained by a 
                Federal, State, Tribal, or local government;
                    ``(B) is used--
                            ``(i) to transport the public away from 
                        emergency events; or
                            ``(ii) to transport emergency responders 
                        and recovery resources; and
                    ``(C) is designated by the eligible entity with 
                jurisdiction over the area in which the route is 
                located for the purposes described in subparagraph (B).
            ``(3) Program.--The term `program' means the program 
        established under subsection (b)(1).
            ``(4) Resilience improvement.--The term `resilience 
        improvement' means the use of materials or structural or 
        nonstructural techniques, including natural infrastructure--
                    ``(A) that allow a project--
                            ``(i) to better anticipate, prepare for, 
                        and adapt to changing conditions and to 
                        withstand and respond to disruptions; and
                            ``(ii) to be better able to continue to 
                        serve the primary function of the project 
                        during and after weather events and natural 
                        disasters for the expected life of the project; 
                        or
                    ``(B) that--
                            ``(i) reduce the magnitude and duration of 
                        impacts of current and future weather events 
                        and natural disasters to a project; or
                            ``(ii) have the absorptive capacity, 
                        adaptive capacity, and recoverability to 
                        decrease project vulnerability to current and 
                        future weather events or natural disasters.
    ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish a program, 
        to be known as the `Promoting Resilient Operations for 
        Transformative, Efficient, and Cost-saving Transportation 
        program' or the `PROTECT program'.
            ``(2) Purpose.--The purpose of the program is to provide 
        grants for resilience improvements through--
                    ``(A) formula funding distributed to States to 
                carry out subsection (c);
                    ``(B) competitive planning grants to enable 
                communities to assess vulnerabilities to current and 
                future weather events and natural disasters and 
                changing conditions, including sea level rise, and plan 
                transportation improvements and emergency response 
                strategies to address those vulnerabilities; and
                    ``(C) competitive resilience improvement grants to 
                protect--
                            ``(i) surface transportation assets by 
                        making the assets more resilient to current and 
                        future weather events and natural disasters, 
                        such as severe storms, flooding, drought, levee 
                        and dam failures, wildfire, rockslides, 
                        mudslides, sea level rise, extreme weather, 
                        including extreme temperature, and earthquakes;
                            ``(ii) communities through resilience 
                        improvements and strategies that allow for the 
                        continued operation or rapid recovery of 
                        surface transportation systems that--
                                    ``(I) serve critical local, 
                                regional, and national needs, including 
                                evacuation routes; and
                                    ``(II) provide access or service to 
                                hospitals and other medical or 
                                emergency service facilities, major 
                                employers, critical manufacturing 
                                centers, ports and intermodal 
                                facilities, utilities, and Federal 
                                facilities;
                            ``(iii) coastal infrastructure, such as a 
                        tide gate to protect highways, that is at long-
                        term risk to sea level rise; and
                            ``(iv) natural infrastructure that protects 
                        and enhances surface transportation assets 
                        while improving ecosystem conditions, including 
                        culverts that ensure adequate flows in rivers 
                        and estuarine systems.
    ``(c) Eligible Activities for Apportioned Funding.--
            ``(1) In general.--Except as provided in paragraph (2), 
        funds apportioned to the State under section 104(b)(8) shall be 
        obligated for activities eligible under subparagraph (A), (B), 
        or (C) of subsection (d)(4).
            ``(2) Planning set-aside.--Of the funds apportioned to a 
        State under section 104(b)(8) for each fiscal year, not less 
        than 2 percent shall be for activities described in subsection 
        (d)(3).
            ``(3) Requirements.--
                    ``(A) Projects in certain areas.--If a project 
                under this subsection is carried out, in whole or in 
                part, within a base floodplain, the State shall--
                            ``(i) identify the base floodplain in which 
                        the project is to be located and disclose that 
                        information to the Secretary; and
                            ``(ii) indicate to the Secretary whether 
                        the State plans to implement 1 or more 
                        components of the risk mitigation plan under 
                        section 322 of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5165) with respect to the area.
                    ``(B) Eligibilities.--A State shall use funds 
                apportioned to the State under section 104(b)(8) for--
                            ``(i) a highway project eligible for 
                        assistance under this title;
                            ``(ii) a public transportation facility or 
                        service eligible for assistance under chapter 
                        53 of title 49; or
                            ``(iii) a port facility, including a 
                        facility that--
                                    ``(I) connects a port to other 
                                modes of transportation;
                                    ``(II) improves the efficiency of 
                                evacuations and disaster relief; or
                                    ``(III) aids transportation.
                    ``(C) System resilience.--A project carried out by 
                a State with funds apportioned to the State under 
                section 104(b)(8) may include the use of natural 
                infrastructure or the construction or modification of 
                storm surge, flood protection, or aquatic ecosystem 
                restoration elements that are functionally connected to 
                a transportation improvement, such as--
                            ``(i) increasing marsh health and total 
                        area adjacent to a highway right-of-way to 
                        promote additional flood storage;
                            ``(ii) upgrades to and installation of 
                        culverts designed to withstand 100-year flood 
                        events;
                            ``(iii) upgrades to and installation of 
                        tide gates to protect highways;
                            ``(iv) upgrades to and installation of 
                        flood gates to protect tunnel entrances; and
                            ``(v) improving functionality and 
                        resiliency of stormwater controls, including 
                        inventory inspections, upgrades to, and 
                        preservation of best management practices to 
                        protect surface transportation infrastructure.
                    ``(D) Federal cost share.--
                            ``(i) In general.--Except as provided in 
                        subsection (e)(1), the Federal share of the 
                        cost of a project carried out using funds 
                        apportioned to the State under section 
                        104(b)(8) shall not exceed 80 percent of the 
                        total project cost.
                            ``(ii) Non-federal share.--A State may use 
                        Federal funds other than Federal funds 
                        apportioned to the State under section 
                        104(b)(8) to meet the non-Federal cost share 
                        requirement for a project under this 
                        subsection.
                    ``(E) Eligible project costs.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), eligible project costs for 
                        activities carried out by a State with funds 
                        apportioned to the State under section 
                        104(b)(8) may include the costs of--
                                    ``(I) development phase activities, 
                                including planning, feasibility 
                                analysis, revenue forecasting, 
                                environmental review, preliminary 
                                engineering and design work, and other 
                                preconstruction activities; and
                                    ``(II) construction, 
                                reconstruction, rehabilitation, and 
                                acquisition of real property (including 
                                land related to the project and 
                                improvements to land), environmental 
                                mitigation, construction contingencies, 
                                acquisition of equipment directly 
                                related to improving system 
                                performance, and operational 
                                improvements.
                            ``(ii) Eligible planning costs.--In the 
                        case of a planning activity described in 
                        subsection (d)(3) that is carried out by a 
                        State with funds apportioned to the State under 
                        section 104(b)(8), eligible costs may include 
                        development phase activities, including 
                        planning, feasibility analysis, revenue 
                        forecasting, environmental review, preliminary 
                        engineering and design work, other 
                        preconstruction activities, and other 
                        activities consistent with carrying out the 
                        purposes of subsection (d)(3).
                    ``(F) Limitations.--A State--
                            ``(i) may use not more than 40 percent of 
                        the amounts apportioned to the State under 
                        section 104(b)(8) for the construction of new 
                        capacity; and
                            ``(ii) may use not more than 10 percent of 
                        the amounts apportioned to the State under 
                        section 104(b)(8) for activities described in 
                        subparagraph (E)(i)(I).
    ``(d) Competitive Awards.--
            ``(1) In general.--In addition to funds apportioned to 
        States under section 104(b)(8) to carry out activities under 
        subsection (c), the Secretary shall provide grants on a 
        competitive basis under this subsection to eligible entities 
        described in paragraph (2).
            ``(2) Eligible entities.--Except as provided in paragraph 
        (4)(C), the Secretary may make a grant under this subsection to 
        any of the following:
                    ``(A) A State or political subdivision of a State.
                    ``(B) A metropolitan planning organization.
                    ``(C) A unit of local government.
                    ``(D) A special purpose district or public 
                authority with a transportation function, including a 
                port authority.
                    ``(E) An Indian tribe (as defined in section 
                207(m)(1)).
                    ``(F) A Federal land management agency that applies 
                jointly with a State or group of States.
                    ``(G) A multi-State or multijurisdictional group of 
                entities described in subparagraphs (A) through (F).
            ``(3) Planning grants.--Using funds made available under 
        this subsection, the Secretary shall provide planning grants to 
        eligible entities for the purpose of--
                    ``(A) in the case of a State or metropolitan 
                planning organization, developing a resilience 
                improvement plan under subsection (e)(2);
                    ``(B) resilience planning, predesign, design, or 
                the development of data tools to simulate 
                transportation disruption scenarios, including 
                vulnerability assessments;
                    ``(C) technical capacity building by the eligible 
                entity to facilitate the ability of the eligible entity 
                to assess the vulnerabilities of the surface 
                transportation assets and community response strategies 
                of the eligible entity under current conditions and a 
                range of potential future conditions; or
                    ``(D) evacuation planning and preparation.
            ``(4) Resilience grants.--
                    ``(A) Resilience improvement grants.--
                            ``(i) In general.--Using funds made 
                        available under this subsection, the Secretary 
                        shall provide resilience improvement grants to 
                        eligible entities to carry out 1 or more 
                        eligible activities under clause (ii).
                            ``(ii) Eligible activities.--
                                    ``(I) In general.--An eligible 
                                entity may use a resilience improvement 
                                grant under this subparagraph for 1 or 
                                more construction activities to improve 
                                the ability of an existing surface 
                                transportation asset to withstand 1 or 
                                more elements of a weather event or 
                                natural disaster, or to increase the 
                                resilience of surface transportation 
                                infrastructure from the impacts of 
                                changing conditions, such as sea level 
                                rise, flooding, wildfires, extreme 
                                weather events, and other natural 
                                disasters.
                                    ``(II) Inclusions.--An activity 
                                eligible to be carried out under this 
                                subparagraph includes--
                                            ``(aa) resurfacing, 
                                        restoration, rehabilitation, 
                                        reconstruction, replacement, 
                                        improvement, or realignment of 
                                        an existing surface 
                                        transportation facility 
                                        eligible for assistance under 
                                        this title;
                                            ``(bb) the incorporation of 
                                        natural infrastructure;
                                            ``(cc) the upgrade of an 
                                        existing surface transportation 
                                        facility to meet or exceed a 
                                        design standard adopted by the 
                                        Federal Highway Administration;
                                            ``(dd) the installation of 
                                        mitigation measures that 
                                        prevent the intrusion of 
                                        floodwaters into surface 
                                        transportation systems;
                                            ``(ee) strengthening 
                                        systems that remove rainwater 
                                        from surface transportation 
                                        facilities;
                                            ``(ff) upgrades to and 
                                        installation of structural 
                                        stormwater controls;
                                            ``(gg) a resilience project 
                                        that addresses identified 
                                        vulnerabilities described in 
                                        the resilience improvement plan 
                                        of the eligible entity, if 
                                        applicable;
                                            ``(hh) relocating roadways 
                                        in a base floodplain to higher 
                                        ground above projected flood 
                                        elevation levels, or away from 
                                        slide prone areas;
                                            ``(ii) stabilizing slide 
                                        areas or slopes;
                                            ``(jj) installing riprap;
                                            ``(kk) lengthening or 
                                        raising bridges to increase 
                                        waterway openings, including to 
                                        respond to extreme weather;
                                            ``(ll) increasing the size 
                                        or number of drainage 
                                        structures;
                                            ``(mm) installing seismic 
                                        retrofits on bridges;
                                            ``(nn) adding scour 
                                        protection at bridges;
                                            ``(oo) adding scour, stream 
                                        stability, coastal, and other 
                                        hydraulic countermeasures, 
                                        including spur dikes;
                                            ``(pp) vegetation 
                                        management practices in 
                                        transportation rights-of-way to 
                                        improve roadway safety, prevent 
                                        against invasive species, 
                                        facilitate wildfire control, 
                                        and provide erosion control; 
                                        and
                                            ``(qq) any other protective 
                                        features, including natural 
                                        infrastructure, as determined 
                                        by the Secretary.
                            ``(iii) Priority.--The Secretary shall 
                        prioritize a resilience improvement grant to an 
                        eligible entity if--
                                    ``(I) the Secretary determines--
                                            ``(aa) the benefits of the 
                                        eligible activity proposed to 
                                        be carried out by the eligible 
                                        entity exceed the costs of the 
                                        activity; and
                                            ``(bb) there is a need to 
                                        address the vulnerabilities of 
                                        surface transportation assets 
                                        of the eligible entity with a 
                                        high risk of, and impacts 
                                        associated with, failure due to 
                                        the impacts of weather events, 
                                        natural disasters, or changing 
                                        conditions, such as sea level 
                                        rise, wildfires, and increased 
                                        flood risk; or
                                    ``(II) the eligible activity 
                                proposed to be carried out by the 
                                eligible entity is included in the 
                                applicable resilience improvement plan 
                                under subsection (e)(2).
                    ``(B) Community resilience and evacuation route 
                grants.--
                            ``(i) In general.--Using funds made 
                        available under this subsection, the Secretary 
                        shall provide community resilience and 
                        evacuation route grants to eligible entities to 
                        carry out 1 or more eligible activities under 
                        clause (ii).
                            ``(ii) Eligible activities.--An eligible 
                        entity may use a community resilience and 
                        evacuation route grant under this subparagraph 
                        for 1 or more projects that strengthen and 
                        protect evacuation routes that are essential 
                        for providing and supporting evacuations caused 
                        by emergency events, including a project that--
                                    ``(I) is an eligible activity under 
                                subparagraph (A)(ii), if that eligible 
                                activity will improve an evacuation 
                                route;
                                    ``(II) ensures the ability of the 
                                evacuation route to provide safe 
                                passage during an evacuation and 
                                reduces the risk of damage to 
                                evacuation routes as a result of future 
                                emergency events, including restoring 
                                or replacing existing evacuation routes 
                                that are in poor condition or not 
                                designed to meet the anticipated demand 
                                during an emergency event, and 
                                including steps to protect routes from 
                                mud, rock, or other debris slides;
                                    ``(III) if the eligible entity 
                                notifies the Secretary that existing 
                                evacuation routes are not sufficient to 
                                adequately facilitate evacuations, 
                                including the transportation of 
                                emergency responders and recovery 
                                resources, expands the capacity of 
                                evacuation routes to swiftly and safely 
                                accommodate evacuations, including 
                                installation of--
                                            ``(aa) communications and 
                                        intelligent transportation 
                                        system equipment and 
                                        infrastructure;
                                            ``(bb) counterflow 
                                        measures; or
                                            ``(cc) shoulders;
                                    ``(IV) is for the construction of 
                                new or redundant evacuation routes, if 
                                the eligible entity notifies the 
                                Secretary that existing evacuation 
                                routes are not sufficient to adequately 
                                facilitate evacuations, including the 
                                transportation of emergency responders 
                                and recovery resources;
                                    ``(V) is for the acquisition of 
                                evacuation route or traffic incident 
                                management equipment or signage; or
                                    ``(VI) will ensure access or 
                                service to critical destinations, 
                                including hospitals and other medical 
                                or emergency service facilities, major 
                                employers, critical manufacturing 
                                centers, ports and intermodal 
                                facilities, utilities, and Federal 
                                facilities.
                            ``(iii) Priority.--The Secretary shall 
                        prioritize community resilience and evacuation 
                        route grants under this subparagraph for 
                        eligible activities that are cost-effective, as 
                        determined by the Secretary, taking into 
                        account--
                                    ``(I) current and future 
                                vulnerabilities to an evacuation route 
                                due to future occurrence or recurrence 
                                of emergency events that are likely to 
                                occur in the geographic area in which 
                                the evacuation route is located; and
                                    ``(II) projected changes in 
                                development patterns, demographics, and 
                                extreme weather events based on the 
                                best available evidence and analysis.
                            ``(iv) Consultation.--In providing grants 
                        for community resilience and evacuation routes 
                        under this subparagraph, the Secretary may 
                        consult with the Administrator of the Federal 
                        Emergency Management Agency, who may provide 
                        technical assistance to the Secretary and to 
                        eligible entities.
                    ``(C) At-risk coastal infrastructure grants.--
                            ``(i) Definition of eligible entity.--In 
                        this subparagraph, the term `eligible entity' 
                        means any of the following:
                                    ``(I) A State (including the United 
                                States Virgin Islands, Guam, American 
                                Samoa, and the Commonwealth of the 
                                Northern Mariana Islands) in, or 
                                bordering on, the Atlantic, Pacific, or 
                                Arctic Ocean, the Gulf of Mexico, Long 
                                Island Sound, or 1 or more of the Great 
                                Lakes.
                                    ``(II) A political subdivision of a 
                                State described in subclause (I).
                                    ``(III) A metropolitan planning 
                                organization in a State described in 
                                subclause (I).
                                    ``(IV) A unit of local government 
                                in a State described in subclause (I).
                                    ``(V) A special purpose district or 
                                public authority with a transportation 
                                function, including a port authority, 
                                in a State described in subclause (I).
                                    ``(VI) An Indian tribe in a State 
                                described in subclause (I).
                                    ``(VII) A Federal land management 
                                agency that applies jointly with a 
                                State or group of States described in 
                                subclause (I).
                                    ``(VIII) A multi-State or 
                                multijurisdictional group of entities 
                                described in subclauses (I) through 
                                (VII).
                            ``(ii) Grants.--Using funds made available 
                        under this subsection, the Secretary shall 
                        provide at-risk coastal infrastructure grants 
                        to eligible entities to carry out 1 or more 
                        eligible activities under clause (iii).
                            ``(iii) Eligible activities.--An eligible 
                        entity may use an at-risk coastal 
                        infrastructure grant under this subparagraph 
                        for strengthening, stabilizing, hardening, 
                        elevating, relocating, or otherwise enhancing 
                        the resilience of highway and non-rail 
                        infrastructure, including bridges, roads, 
                        pedestrian walkways, and bicycle lanes, and 
                        associated infrastructure, such as culverts and 
                        tide gates to protect highways, that are 
                        subject to, or face increased long-term future 
                        risks of, a weather event, a natural disaster, 
                        or changing conditions, including coastal 
                        flooding, coastal erosion, wave action, storm 
                        surge, or sea level rise, in order to improve 
                        transportation and public safety and to reduce 
                        costs by avoiding larger future maintenance or 
                        rebuilding costs.
                            ``(iv) Criteria.--The Secretary shall 
                        provide at-risk coastal infrastructure grants 
                        under this subparagraph for a project--
                                    ``(I) that addresses the risks from 
                                a current or future weather event or 
                                natural disaster, including coastal 
                                flooding, coastal erosion, wave action, 
                                storm surge, or sea level change; and
                                    ``(II) that reduces long-term 
                                infrastructure costs by avoiding larger 
                                future maintenance or rebuilding costs.
                            ``(v) Coastal benefits.--In addition to the 
                        criteria under clause (iv), for the purpose of 
                        providing at-risk coastal infrastructure grants 
                        under this subparagraph, the Secretary shall 
                        evaluate the extent to which a project will 
                        provide--
                                    ``(I) access to coastal homes, 
                                businesses, communities, and other 
                                critical infrastructure, including 
                                access by first responders and other 
                                emergency personnel; or
                                    ``(II) access to a designated 
                                evacuation route.
            ``(5) Grant requirements.--
                    ``(A) Solicitations for grants.--In providing 
                grants under this subsection, the Secretary shall 
                conduct a transparent and competitive national 
                solicitation process to select eligible projects to 
                receive grants under paragraph (3) and subparagraphs 
                (A), (B), and (C) of paragraph (4).
                    ``(B) Applications.--
                            ``(i) In general.--To be eligible to 
                        receive a grant under paragraph (3) or 
                        subparagraph (A), (B), or (C) of paragraph (4), 
                        an eligible entity shall submit to the 
                        Secretary an application in such form, at such 
                        time, and containing such information as the 
                        Secretary determines to be necessary.
                            ``(ii) Projects in certain areas.--If a 
                        project is proposed to be carried out by the 
                        eligible entity, in whole or in part, within a 
                        base floodplain, the eligible entity shall--
                                    ``(I) as part of the application, 
                                identify the floodplain in which the 
                                project is to be located and disclose 
                                that information to the Secretary; and
                                    ``(II) indicate in the application 
                                whether, if selected, the eligible 
                                entity will implement 1 or more 
                                components of the risk mitigation plan 
                                under section 322 of the Robert T. 
                                Stafford Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5165) with 
                                respect to the area.
                    ``(C) Eligibilities.--The Secretary may make a 
                grant under paragraph (3) or subparagraph (A), (B), or 
                (C) of paragraph (4) only for--
                            ``(i) a highway project eligible for 
                        assistance under this title;
                            ``(ii) a public transportation facility or 
                        service eligible for assistance under chapter 
                        53 of title 49;
                            ``(iii) a facility or service for intercity 
                        rail passenger transportation (as defined in 
                        section 24102 of title 49); or
                            ``(iv) a port facility, including a 
                        facility that--
                                    ``(I) connects a port to other 
                                modes of transportation;
                                    ``(II) improves the efficiency of 
                                evacuations and disaster relief; or
                                    ``(III) aids transportation.
                    ``(D) System resilience.--A project for which a 
                grant is provided under paragraph (3) or subparagraph 
                (A), (B), or (C) of paragraph (4) may include the use 
                of natural infrastructure or the construction or 
                modification of storm surge, flood protection, or 
                aquatic ecosystem restoration elements that the 
                Secretary determines are functionally connected to a 
                transportation improvement, such as--
                            ``(i) increasing marsh health and total 
                        area adjacent to a highway right-of-way to 
                        promote additional flood storage;
                            ``(ii) upgrades to and installing of 
                        culverts designed to withstand 100-year flood 
                        events;
                            ``(iii) upgrades to and installation of 
                        tide gates to protect highways; and
                            ``(iv) upgrades to and installation of 
                        flood gates to protect tunnel entrances.
                    ``(E) Federal cost share.--
                            ``(i) Planning grant.--The Federal share of 
                        the cost of a planning activity carried out 
                        using a planning grant under paragraph (3) 
                        shall be 100 percent.
                            ``(ii) Resilience grants.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II) and 
                                subsection (e)(1), the Federal share of 
                                the cost of a project carried out using 
                                a grant under subparagraph (A), (B), or 
                                (C) of paragraph (4) shall not exceed 
                                80 percent of the total project cost.
                                    ``(II) Tribal projects.--On the 
                                determination of the Secretary, the 
                                Federal share of the cost of a project 
                                carried out using a grant under 
                                subparagraph (A), (B), or (C) of 
                                paragraph (4) by an Indian tribe (as 
                                defined in section 207(m)(1)) may be up 
                                to 100 percent.
                            ``(iii) Non-federal share.--The eligible 
                        entity may use Federal funds other than Federal 
                        funds provided under this subsection to meet 
                        the non-Federal cost share requirement for a 
                        project carried out with a grant under this 
                        subsection.
                    ``(F) Eligible project costs.--
                            ``(i) Resilience grant projects.--Eligible 
                        project costs for activities funded with a 
                        grant under subparagraph (A), (B), or (C) of 
                        paragraph (4) may include the costs of--
                                    ``(I) development phase activities, 
                                including planning, feasibility 
                                analysis, revenue forecasting, 
                                environmental review, preliminary 
                                engineering and design work, and other 
                                preconstruction activities; and
                                    ``(II) construction, 
                                reconstruction, rehabilitation, and 
                                acquisition of real property (including 
                                land related to the project and 
                                improvements to land), environmental 
                                mitigation, construction contingencies, 
                                acquisition of equipment directly 
                                related to improving system 
                                performance, and operational 
                                improvements.
                            ``(ii) Planning grants.--Eligible project 
                        costs for activities funded with a grant under 
                        paragraph (3) may include the costs of 
                        development phase activities, including 
                        planning, feasibility analysis, revenue 
                        forecasting, environmental review, preliminary 
                        engineering and design work, other 
                        preconstruction activities, and other 
                        activities consistent with carrying out the 
                        purposes of that paragraph.
                    ``(G) Limitations.--
                            ``(i) In general.--An eligible entity that 
                        receives a grant under subparagraph (A), (B), 
                        or (C) of paragraph (4)--
                                    ``(I) may use not more than 40 
                                percent of the amount of the grant for 
                                the construction of new capacity; and
                                    ``(II) may use not more than 10 
                                percent of the amount of the grant for 
                                activities described in subparagraph 
                                (F)(i)(I).
                            ``(ii) Limit on certain activities.--For 
                        each fiscal year, not more than 25 percent of 
                        the total amount provided under this subsection 
                        may be used for projects described in 
                        subparagraph (C)(iii).
                    ``(H) Distribution of grants.--
                            ``(i) In general.--Subject to the 
                        availability of funds, an eligible entity may 
                        request and the Secretary may distribute funds 
                        for a grant under this subsection on a 
                        multiyear basis, as the Secretary determines to 
                        be necessary.
                            ``(ii) Rural set-aside.--Of the amounts 
                        made available to carry out this subsection for 
                        each fiscal year, the Secretary shall use not 
                        less than 25 percent for grants for projects 
                        located in areas that are outside an urbanized 
                        area with a population of over 200,000.
                            ``(iii) Tribal set-aside.--Of the amounts 
                        made available to carry out this subsection for 
                        each fiscal year, the Secretary shall use not 
                        less than 2 percent for grants to Indian tribes 
                        (as defined in section 207(m)(1)).
                            ``(iv) Reallocation.--For any fiscal year, 
                        if the Secretary determines that the amount 
                        described in clause (ii) or (iii) will not be 
                        fully utilized for the grant described in that 
                        clause, the Secretary may reallocate the 
                        unutilized funds to provide grants to other 
                        eligible entities under this subsection.
            ``(6) Consultation.--In carrying out this subsection, the 
        Secretary shall--
                    ``(A) consult with the Assistant Secretary of the 
                Army for Civil Works, the Administrator of the 
                Environmental Protection Agency, the Secretary of the 
                Interior, and the Secretary of Commerce; and
                    ``(B) solicit technical support from the 
                Administrator of the Federal Emergency Management 
                Agency.
            ``(7) Grant administration.--The Secretary may--
                    ``(A) retain not more than a total of 5 percent of 
                the funds made available to carry out this subsection 
                and to review applications for grants under this 
                subsection; and
                    ``(B) transfer portions of the funds retained under 
                subparagraph (A) to the relevant Administrators to fund 
                the award and oversight of grants provided under this 
                subsection.
    ``(e) Resilience Improvement Plan and Lower Non-Federal Share.--
            ``(1) Federal share reductions.--
                    ``(A) In general.--A State that receives funds 
                apportioned to the State under section 104(b)(8) or an 
                eligible entity that receives a grant under subsection 
                (d) shall have the non-Federal share of a project 
                carried out with the funds or grant, as applicable, 
                reduced by an amount described in subparagraph (B) if 
                the State or eligible entity meets the applicable 
                requirements under that subparagraph.
                    ``(B) Amount of reductions.--
                            ``(i) Resilience improvement plan.--Subject 
                        to clause (iii), the amount of the non-Federal 
                        share of the costs of a project carried out 
                        with funds apportioned to a State under section 
                        104(b)(8) or a grant under subsection (d) shall 
                        be reduced by 7 percentage points if--
                                    ``(I) in the case of a State or an 
                                eligible entity that is a State or a 
                                metropolitan planning organization, the 
                                State or eligible entity has--
                                            ``(aa) developed a 
                                        resilience improvement plan in 
                                        accordance with this 
                                        subsection; and
                                            ``(bb) prioritized the 
                                        project on that resilience 
                                        improvement plan; and
                                    ``(II) in the case of an eligible 
                                entity not described in subclause (I), 
                                the eligible entity is located in a 
                                State or an area served by a 
                                metropolitan planning organization that 
                                has--
                                            ``(aa) developed a 
                                        resilience improvement plan in 
                                        accordance with this 
                                        subsection; and
                                            ``(bb) prioritized the 
                                        project on that resilience 
                                        improvement plan.
                            ``(ii) Incorporation of resilience 
                        improvement plan in other planning.--Subject to 
                        clause (iii), the amount of the non-Federal 
                        share of the cost of a project carried out with 
                        funds under subsection (c) or a grant under 
                        subsection (d) shall be reduced by 3 percentage 
                        points if--
                                    ``(I) in the case of a State or an 
                                eligible entity that is a State or a 
                                metropolitan planning organization, the 
                                resilience improvement plan developed 
                                in accordance with this subsection has 
                                been incorporated into the metropolitan 
                                transportation plan under section 134 
                                or the long-range statewide 
                                transportation plan under section 135, 
                                as applicable; and
                                    ``(II) in the case of an eligible 
                                entity not described in subclause (I), 
                                the eligible entity is located in a 
                                State or an area served by a 
                                metropolitan planning organization that 
                                incorporated a resilience improvement 
                                plan into the metropolitan 
                                transportation plan under section 134 
                                or the long-range statewide 
                                transportation plan under section 135, 
                                as applicable.
                            ``(iii) Limitations.--
                                    ``(I) Maximum reduction.--A State 
                                or eligible entity may not receive a 
                                reduction under this paragraph of more 
                                than 10 percentage points for any 
                                single project carried out with funds 
                                under subsection (c) or a grant under 
                                subsection (d).
                                    ``(II) No negative non-federal 
                                share.--A reduction under this 
                                paragraph shall not reduce the non-
                                Federal share of the costs of a project 
                                carried out with funds under subsection 
                                (c) or a grant under subsection (d) to 
                                an amount that is less than zero.
            ``(2) Plan contents.--A resilience improvement plan 
        referred to in paragraph (1)--
                    ``(A) shall be for the immediate and long-range 
                planning activities and investments of the State or 
                metropolitan planning organization with respect to 
                resilience of the surface transportation system within 
                the boundaries of the State or metropolitan planning 
                organization, as applicable;
                    ``(B) shall demonstrate a systemic approach to 
                surface transportation system resilience and be 
                consistent with and complementary of the State and 
                local mitigation plans required under section 322 of 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5165);
                    ``(C) shall include a risk-based assessment of 
                vulnerabilities of transportation assets and systems to 
                current and future weather events and natural 
                disasters, such as severe storms, flooding, drought, 
                levee and dam failures, wildfire, rockslides, 
                mudslides, sea level rise, extreme weather, including 
                extreme temperatures, and earthquakes;
                    ``(D) may--
                            ``(i) designate evacuation routes and 
                        strategies, including multimodal facilities, 
                        designated with consideration for individuals 
                        without access to personal vehicles;
                            ``(ii) plan for response to anticipated 
                        emergencies, including plans for the mobility 
                        of--
                                    ``(I) emergency response personnel 
                                and equipment; and
                                    ``(II) access to emergency 
                                services, including for vulnerable or 
                                disadvantaged populations;
                            ``(iii) describe the resilience improvement 
                        policies, including strategies, land-use and 
                        zoning changes, investments in natural 
                        infrastructure, or performance measures that 
                        will inform the transportation investment 
                        decisions of the State or metropolitan planning 
                        organization with the goal of increasing 
                        resilience;
                            ``(iv) include an investment plan that--
                                    ``(I) includes a list of priority 
                                projects; and
                                    ``(II) describes how funds 
                                apportioned to the State under section 
                                104(b)(8) or provided by a grant under 
                                the program would be invested and 
                                matched, which shall not be subject to 
                                fiscal constraint requirements; and
                            ``(v) use science and data and indicate the 
                        source of data and methodologies; and
                    ``(E) shall, as appropriate--
                            ``(i) include a description of how the plan 
                        will improve the ability of the State or 
                        metropolitan planning organization--
                                    ``(I) to respond promptly to the 
                                impacts of weather events and natural 
                                disasters; and
                                    ``(II) to be prepared for changing 
                                conditions, such as sea level rise and 
                                increased flood risk;
                            ``(ii) describe the codes, standards, and 
                        regulatory framework, if any, adopted and 
                        enforced to ensure resilience improvements 
                        within the impacted area of proposed projects 
                        included in the resilience improvement plan;
                            ``(iii) consider the benefits of combining 
                        hard surface transportation assets, and natural 
                        infrastructure, through coordinated efforts by 
                        the Federal Government and the States;
                            ``(iv) assess the resilience of other 
                        community assets, including buildings and 
                        housing, emergency management assets, and 
                        energy, water, and communication 
                        infrastructure;
                            ``(v) use a long-term planning period; and
                            ``(vi) include such other information as 
                        the State or metropolitan planning organization 
                        considers appropriate.
            ``(3) No new planning requirements.--Nothing in this 
        section requires a metropolitan planning organization or a 
        State to develop a resilience improvement plan or to include a 
        resilience improvement plan under the metropolitan 
        transportation plan under section 134 or the long-range 
        statewide transportation plan under section 135, as applicable, 
        of the metropolitan planning organization or State.
    ``(f) Monitoring.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this section, the Secretary shall--
                    ``(A) establish, for the purpose of evaluating the 
                effectiveness and impacts of projects carried out with 
                a grant under subsection (d)--
                            ``(i) subject to paragraph (2), 
                        transportation and any other metrics as the 
                        Secretary determines to be necessary; and
                            ``(ii) procedures for monitoring and 
                        evaluating projects based on those metrics; and
                    ``(B) select a representative sample of projects to 
                evaluate based on the metrics and procedures 
                established under subparagraph (A).
            ``(2) Notice.--Before adopting any metrics described in 
        paragraph (1), the Secretary shall--
                    ``(A) publish the proposed metrics in the Federal 
                Register; and
                    ``(B) provide to the public an opportunity for 
                comment on the proposed metrics.
    ``(g) Reports.--
            ``(1) Reports from eligible entities.--Not later than 1 
        year after the date on which a project carried out with a grant 
        under subsection (d) is completed, the eligible entity that 
        carried out the project shall submit to the Secretary a report 
        on the results of the project and the use of the funds awarded.
            ``(2) Reports to congress.--
                    ``(A) Annual reports.--The Secretary shall submit 
                to the Committee on Environment and Public Works of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives, and 
                publish on the website of the Department of 
                Transportation, an annual report that describes the 
                implementation of the program during the preceding 
                calendar year, including--
                            ``(i) each project for which a grant was 
                        provided under subsection (d);
                            ``(ii) information relating to project 
                        applications received;
                            ``(iii) the manner in which the 
                        consultation requirements were implemented 
                        under subsection (d);
                            ``(iv) recommendations to improve the 
                        administration of subsection (d), including 
                        whether assistance from additional or fewer 
                        agencies to carry out the program is 
                        appropriate;
                            ``(v) the period required to disburse grant 
                        funds to eligible entities based on applicable 
                        Federal coordination requirements; and
                            ``(vi) a list of facilities that repeatedly 
                        require repair or reconstruction due to 
                        emergency events.
                    ``(B) Final report.--Not later than 5 years after 
                the date of enactment of the Surface Transportation 
                Reauthorization Act of 2021, the Secretary shall submit 
                to Congress a report that includes the results of the 
                reports submitted under subparagraph (A).''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 1403(b)), is amended by 
inserting after the item relating to section 175 the following:

``176. Promoting Resilient Operations for Transformative, Efficient, 
                            and Cost-saving Transportation (PROTECT) 
                            program.''.

SEC. 1407. HEALTHY STREETS PROGRAM.

    (a) Definitions.--In this section:
            (1) Community of color.--The term ``community of color'' 
        means, in a State, a census block group for which the aggregate 
        percentage of residents who identify as Black, African-
        American, American Indian, Alaska Native, Native Hawaiian, 
        Asian, Pacific Islander, Hispanic, Latino, other nonwhite race, 
        or linguistically isolated is--
                    (A) not less than 50 percent; or
                    (B) significantly higher, as determined by the 
                Secretary, than the State average.
            (2) Cool pavement.--The term ``cool pavement'' means a 
        pavement with reflective surfaces with higher albedo to 
        decrease the surface temperature of that pavement.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) a metropolitan planning organization;
                    (C) a unit of local government;
                    (D) a Tribal government; and
                    (E) a nonprofit organization working in 
                coordination with an entity described in subparagraphs 
                (A) through (D).
            (4) Low-income community.--The term ``low-income 
        community'' means a census block group in which not less than 
        30 percent of the population lives below the poverty line (as 
        defined in section 673 of the Community Services Block Grant 
        Act (42 U.S.C. 9902)).
            (5) Porous pavement.--The term ``porous pavement'' means a 
        paved surface with a higher than normal percentage of air voids 
        to allow water to pass through the surface and infiltrate into 
        the subsoil.
            (6) Program.--The term ``program'' means the Healthy 
        Streets program established under subsection (b).
            (7) State.--The term ``State'' has the meaning given the 
        term in section 101(a) of title 23, United States Code.
            (8) Tribal government.--The term ``Tribal government'' 
        means the recognized governing body of any Indian or Alaska 
        Native tribe, band, nation, pueblo, village, community, 
        component band, or component reservation, individually 
        identified (including parenthetically) in the list published 
        most recently as of the date of enactment of this Act pursuant 
        to section 104 of the Federally Recognized Indian Tribe List 
        Act of 1994 (25 U.S.C. 5131).
    (b) Establishment.--The Secretary shall establish a discretionary 
grant program, to be known as the ``Healthy Streets program'', to 
provide grants to eligible entities--
            (1) to deploy cool pavements and porous pavements; and
            (2) to expand tree cover.
    (c) Goals.--The goals of the program are--
            (1) to mitigate urban heat islands;
            (2) to improve air quality; and
            (3) to reduce--
                    (A) the extent of impervious surfaces;
                    (B) stormwater runoff and flood risks; and
                    (C) heat impacts to infrastructure and road users.
    (d) Application.--
            (1) In general.--To be eligible to receive a grant under 
        the program, an eligible entity shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary may require.
            (2) Requirements.--The application submitted by an eligible 
        entity under paragraph (1) shall include a description of--
                    (A) how the eligible entity would use the grant 
                funds; and
                    (B) the contribution that the projects intended to 
                be carried out with grant funds would make to improving 
                the safety, health outcomes, natural environment, and 
                quality of life in low-income communities and 
                communities of color.
    (e) Use of Funds.--An eligible entity that receives a grant under 
the program may use the grant funds for 1 or more of the following 
activities:
            (1) Conducting an assessment of urban heat islands to 
        identify hot spot areas of extreme heat or elevated air 
        pollution.
            (2) Conducting a comprehensive tree canopy assessment, 
        which shall assess the current tree locations and canopy, 
        including--
                    (A) an inventory of the location, species, 
                condition, and health of existing tree canopies and 
                trees on public facilities; and
                    (B) an identification of--
                            (i) the locations where trees need to be 
                        replaced;
                            (ii) empty tree boxes or other locations 
                        where trees could be added; and
                            (iii) flood-prone locations where trees or 
                        other natural infrastructure could mitigate 
                        flooding.
            (3) Conducting an equity assessment by mapping tree canopy 
        gaps, flood-prone locations, and urban heat island hot spots as 
        compared to--
                    (A) pedestrian walkways and public transportation 
                stop locations;
                    (B) low-income communities; and
                    (C) communities of color.
            (4) Planning activities, including developing an investment 
        plan based on the results of the assessments carried out under 
        paragraphs (1), (2), and (3).
            (5) Purchasing and deploying cool pavements to mitigate 
        urban heat island hot spots.
            (6) Purchasing and deploying porous pavement to mitigate 
        flooding and stormwater runoff in--
                    (A) pedestrian-only areas; and
                    (B) areas of low-volume, low-speed vehicular use.
            (7) Purchasing of trees, site preparation, planting of 
        trees, ongoing maintenance and monitoring of trees, and 
        repairing of storm damage to trees, with priority given to--
                    (A) to the extent practicable, the planting of 
                native species; and
                    (B) projects located in a neighborhood with lower 
                tree cover or higher maximum daytime summer 
                temperatures compared to surrounding neighborhoods.
            (8) Assessing underground infrastructure and coordinating 
        with local transportation and utility providers.
            (9) Hiring staff to conduct any of the activities described 
        in paragraphs (1) through (8).
    (f) Priority.--In awarding grants to eligible entities under the 
program, the Secretary shall give priority to an eligible entity--
            (1) proposing to carry out an activity or project in a low-
        income community or a community of color;
            (2) that has entered into a community benefits agreement 
        with representatives of the community; or
            (3) that is partnering with a qualified youth or 
        conservation corps (as defined in section 203 of the Public 
        Lands Corps Act of 1993 (16 U.S.C. 1722)).
    (g) Distribution Requirement.--Of the amounts made available to 
carry out the program for each fiscal year, not less than 80 percent 
shall be provided for projects in urbanized areas (as defined in 
section 101(a) of title 23, United States Code).
    (h) Federal Share.--
            (1) In general.--Except as provided under paragraph (2), 
        the Federal share of the cost of a project carried out under 
        the program shall be 80 percent.
            (2) Waiver.--The Secretary may increase the Federal share 
        requirement under paragraph (1) to 100 percent for projects 
        carried out by an eligible entity that demonstrates economic 
        hardship, as determined by the Secretary.
    (i) Maximum Grant Amount.--An individual grant under this section 
shall not exceed $15,000,000.

                       Subtitle E--Miscellaneous

SEC. 1501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.

    (a) In General.--Section 105 of title 23, United States Code, is 
repealed.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
105.

SEC. 1502. STOPPING THREATS ON PEDESTRIANS.

    (a) Definition of Bollard Installation Project.--In this section, 
the term ``bollard installation project'' means a project to install 
raised concrete or metal posts on a sidewalk adjacent to a roadway that 
are designed to slow or stop a motor vehicle.
    (b) Establishment.--Not later than 1 year after the date of 
enactment of this Act and subject to the availability of 
appropriations, the Secretary shall establish and carry out a 
competitive grant pilot program to provide assistance to State 
departments of transportation and local government entities for bollard 
installation projects designed to prevent pedestrian injuries and acts 
of terrorism in areas used by large numbers of pedestrians.
    (c) Application.--To be eligible to receive a grant under this 
section, a State department of transportation or local government 
entity shall submit to the Secretary an application at such time, in 
such form, and containing such information as the Secretary determines 
to be appropriate, which shall include, at a minimum--
            (1) a description of the proposed bollard installation 
        project to be carried out;
            (2) a description of the pedestrian injury or terrorism 
        risks with respect to the proposed installation area; and
            (3) an analysis of how the proposed bollard installation 
        project will mitigate those risks.
    (d) Use of Funds.--A recipient of a grant under this section may 
only use the grant funds for a bollard installation project.
    (e) Federal Share.--The Federal share of the costs of a bollard 
installation project carried out with a grant under this section may be 
up to 100 percent.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $5,000,000 for 
each of fiscal years 2022 through 2026.

SEC. 1503. TRANSFER AND SALE OF TOLL CREDITS.

    (a) Definitions.--In this section:
            (1) Originating state.--The term ``originating State'' 
        means a State that--
                    (A) is eligible to use a credit under section 
                120(i) of title 23, United States Code; and
                    (B) has been selected by the Secretary under 
                subsection (d)(2).
            (2) Pilot program.--The term ``pilot program'' means the 
        pilot program established under subsection (b).
            (3) Recipient state.--The term ``recipient State'' means a 
        State that receives a credit by transfer or by sale under this 
        section from an originating State.
            (4) State.--The term ``State'' has the meaning given the 
        term in section 101(a) of title 23, United States Code.
    (b) Establishment of Pilot Program.--The Secretary shall establish 
and implement a toll credit exchange pilot program in accordance with 
this section.
    (c) Purposes.--The purposes of the pilot program are--
            (1) to identify the extent of the demand to purchase toll 
        credits;
            (2) to identify the cash price of toll credits through 
        bilateral transactions between States;
            (3) to analyze the impact of the purchase or sale of toll 
        credits on transportation expenditures;
            (4) to test the feasibility of expanding the pilot program 
        to allow all States to participate on a permanent basis; and
            (5) to identify any other repercussions of the toll credit 
        exchange.
    (d) Selection of Originating States.--
            (1) Application.--In order to participate in the pilot 
        program as an originating State, a State shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require, 
        including, at a minimum, such information as is required for 
        the Secretary to verify--
                    (A) the amount of unused toll credits for which the 
                State has submitted certification to the Secretary that 
                are available to be sold or transferred under the pilot 
                program, including--
                            (i) toll revenue generated and the sources 
                        of that revenue;
                            (ii) toll revenue used by public, quasi-
                        public, and private agencies to build, improve, 
                        or maintain highways, bridges, or tunnels that 
                        serve the public purpose of interstate 
                        commerce; and
                            (iii) an accounting of any Federal funds 
                        used by the public, quasi-public, or private 
                        agency to build, improve, or maintain the toll 
                        facility, to validate that the credit has been 
                        reduced by a percentage equal to the percentage 
                        of the total cost of building, improving, or 
                        maintaining the facility that was derived from 
                        Federal funds;
                    (B) the documentation of maintenance of effort for 
                toll credits earned by the originating State; and
                    (C) the accuracy of the accounting system of the 
                State to earn and track toll credits.
            (2) Selection.--Of the States that submit an application 
        under paragraph (1), the Secretary may select not more than 10 
        States to be designated as an originating State.
            (3) Limitation on sales.--At any time, the Secretary may 
        limit the amount of unused toll credits that may be offered for 
        sale under the pilot program.
    (e) Transfer or Sale of Credits.--
            (1) In general.--In carrying out the pilot program, the 
        Secretary shall provide that an originating State may transfer 
        or sell to a recipient State a credit not previously used by 
        the originating State under section 120(i) of title 23, United 
        States Code.
            (2) Website support.--The Secretary shall make available a 
        publicly accessible website on which originating States shall 
        post the amount of toll credits, verified under subsection 
        (d)(1)(A), that are available for sale or transfer to a 
        recipient State.
            (3) Bilateral transactions.--An originating State and a 
        recipient State may enter into a bilateral transaction to sell 
        or transfer verified toll credits.
            (4) Notification.--Not later than 30 days after the date on 
        which a credit is transferred or sold, the originating State 
        and the recipient State shall jointly submit to the Secretary a 
        written notification of the transfer or sale, including details 
        on--
                    (A) the amount of toll credits that have been sold 
                or transferred;
                    (B) the price paid or other value transferred in 
                exchange for the toll credits;
                    (C) the intended use by the recipient State of the 
                toll credits, if known;
                    (D) the intended use by the originating State of 
                the cash or other value transferred;
                    (E) an update on the toll credit balance of the 
                originating State and the recipient State; and
                    (F) any other information about the transaction 
                that the Secretary may require.
            (5) Use of credits by transferee or purchaser.--A recipient 
        State may use a credit received under paragraph (1) toward the 
        non-Federal share requirement for any funds made available to 
        carry out title 23 or chapter 53 of title 49, United States 
        Code, in accordance with section 120(i) of title 23, United 
        States Code.
            (6) Use of proceeds from sale of credits.--An originating 
        State shall use the proceeds from the sale of a credit under 
        paragraph (1) for the construction costs of any project in the 
        originating State that is eligible under title 23, United 
        States Code.
    (f) Reporting Requirements.--
            (1) Initial report.--Not later than 1 year after the date 
        on which the pilot program is established, the Secretary shall 
        submit to the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report on the progress of the 
        pilot program.
            (2) Final report.--Not later than 3 years after the date on 
        which the pilot program is established, the Secretary shall--
                    (A) submit to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report that--
                            (i) determines whether a toll credit 
                        marketplace is viable and cost-effective;
                            (ii) describes the buying and selling 
                        activities under the pilot program;
                            (iii) describes the average sale price of 
                        toll credits;
                            (iv) determines whether the pilot program 
                        could be expanded to more States or all States 
                        or to non-State operators of toll facilities;
                            (v) provides updated information on the 
                        toll credit balance accumulated by each State; 
                        and
                            (vi) describes the list of projects that 
                        were assisted by the pilot program; and
                    (B) make the report under subparagraph (A) publicly 
                available on the website of the Department.
    (g) Termination.--
            (1) In general.--The Secretary may terminate the pilot 
        program or the participation of any State in the pilot program 
        if the Secretary determines that--
                    (A) the pilot program is not serving a public 
                benefit; or
                    (B) it is not cost effective to carry out the pilot 
                program.
            (2) Procedures.--The termination of the pilot program or 
        the participation of a State in the pilot program shall be 
        carried out consistent with Federal requirements for project 
        closeout, adjustment, and continuing responsibilities.

SEC. 1504. STUDY OF IMPACTS ON ROADS FROM SELF-DRIVING VEHICLES.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall initiate a study on the existing and 
future impacts of self-driving vehicles to transportation 
infrastructure, mobility, the environment, and safety, including 
impacts on--
            (1) the Interstate System (as defined in section 101(a) of 
        title 23, United States Code);
            (2) urban roads;
            (3) rural roads;
            (4) corridors with heavy traffic congestion;
            (5) transportation systems optimization; and
            (6) any other areas or issues relevant to operations of the 
        Federal Highway Administration that the Secretary determines to 
        be appropriate.
    (b) Contents of Study.--The study under subsection (a) shall 
include specific recommendations for both rural and urban communities 
regarding the impacts of self-driving vehicles on existing 
transportation system capacity.
    (c) Considerations.--In carrying out the study under subsection 
(a), the Secretary shall--
            (1) consider the need for and recommend any policy changes 
        to be undertaken by the Federal Highway Administration on the 
        impacts of self-driving vehicles as identified under paragraph 
        (2); and
            (2) for both rural and urban communities, include a 
        discussion of--
                    (A) the impacts that self-driving vehicles will 
                have on existing transportation infrastructure, such as 
                signage and markings, traffic lights, and highway 
                capacity and design;
                    (B) the impact on commercial and private traffic 
                flows;
                    (C) infrastructure improvement needs that may be 
                necessary for transportation infrastructure to 
                accommodate self-driving vehicles;
                    (D) the impact of self-driving vehicles on the 
                environment, congestion, and vehicle miles traveled; 
                and
                    (E) the impact of self-driving vehicles on 
                mobility.
    (d) Coordination.--In carrying out the study under subsection (a), 
the Secretary shall consider and incorporate relevant current and 
ongoing research of the Department.
    (e) Consultation.--In carrying out the study under subsection (a), 
the Secretary shall convene and consult with a panel of national 
experts in both rural and urban transportation, including--
            (1) operators and users of the Interstate System (as 
        defined in section 101(a) of title 23, United States Code), 
        including private sector stakeholders;
            (2) States and State departments of transportation;
            (3) metropolitan planning organizations;
            (4) the motor carrier industry;
            (5) representatives of public transportation agencies or 
        organizations;
            (6) highway safety and academic groups;
            (7) nonprofit entities with experience in transportation 
        policy;
            (8) National Laboratories (as defined in section 2 of the 
        Energy Policy Act of 2005 (42 U.S.C. 15801));
            (9) environmental stakeholders; and
            (10) self-driving vehicle producers, manufacturers, and 
        technology developers.
    (f) Report.--Not later than 1 year after the date on which the 
study under subsection (a) is initiated, the Secretary shall submit a 
report on the results of the study to--
            (1) the Committee on Environment and Public Works of the 
        Senate; and
            (2) the Committee on Transportation and Infrastructure of 
        the House of Representatives.

SEC. 1505. DISASTER RELIEF MOBILIZATION STUDY.

    (a) Definition of Local Community.--In this section, the term 
``local community'' means--
            (1) a unit of local government;
            (2) a political subdivision of a State or local government;
            (3) a metropolitan planning organization (as defined in 
        section 134(b) of title 23, United States Code);
            (4) a rural planning organization; or
            (5) a Tribal government.
    (b) Study.--
            (1) In general.--The Secretary shall carry out a study to 
        determine the utility of incorporating the use of bicycles into 
        the disaster preparedness and disaster response plans of local 
        communities.
            (2) Requirements.--The study carried out under paragraph 
        (1) shall include--
                    (A) a vulnerability assessment of the 
                infrastructure in local communities as of the date of 
                enactment of this Act that supports active 
                transportation, including bicycling, walking, and 
                personal mobility devices, with a particular focus on 
                areas in local communities that--
                            (i) have low levels of vehicle ownership; 
                        and
                            (ii) lack sufficient active transportation 
                        infrastructure routes to public transportation;
                    (B) an evaluation of whether disaster preparedness 
                and disaster response plans should include the use of 
                bicycles by first responders, emergency workers, and 
                community organization representatives--
                            (i) during a mandatory or voluntary 
                        evacuation ordered by a Federal, State, Tribal, 
                        or local government entity--
                                    (I) to notify residents of the need 
                                to evacuate;
                                    (II) to evacuate individuals and 
                                goods; and
                                    (III) to reach individuals who are 
                                in need of first aid and medical 
                                assistance; and
                            (ii) after a disaster or emergency declared 
                        by a Federal, State, Tribal, or local 
                        government entity--
                                    (I) to participate in search and 
                                rescue activities;
                                    (II) to carry commodities to be 
                                used for life-saving or life-sustaining 
                                purposes, including--
                                            (aa) water;
                                            (bb) food;
                                            (cc) first aid and other 
                                        medical supplies; and
                                            (dd) power sources and 
                                        electric supplies, such as cell 
                                        phones, radios, lights, and 
                                        batteries;
                                    (III) to reach individuals who are 
                                in need of the commodities described in 
                                subclause (II); and
                                    (IV) to assist with other disaster 
                                relief tasks, as appropriate; and
                    (C) a review of training programs for first 
                responders, emergency workers, and community 
                organization representatives relating to--
                            (i) competent bicycle skills, including the 
                        use of cargo bicycles and electric bicycles, as 
                        applicable;
                            (ii) basic bicycle maintenance;
                            (iii) compliance with relevant traffic 
                        safety laws;
                            (iv) methods to use bicycles to carry out 
                        the activities described in clauses (i) and 
                        (ii) of subparagraph (2)(B); and
                            (v) exercises conducted for the purpose 
                        of--
                                    (I) exercising the skills described 
                                in clause (i); and
                                    (II) maintaining bicycles and 
                                related equipment.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Environment 
and Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that--
            (1) describes the results of the study carried out under 
        subsection (b); and
            (2) provides recommendations, if any, relating to--
                    (A) the methods by which to incorporate bicycles 
                into disaster preparedness and disaster response plans 
                of local communities; and
                    (B) improvements to training programs described in 
                subsection (b)(2)(C).

SEC. 1506. APPALACHIAN REGIONAL COMMISSION.

    (a) Definitions.--Section 14102(a)(1) of title 40, United States 
Code, is amended--
            (1) in subparagraph (G)--
                    (A) by inserting ``Catawba,'' after ``Caldwell,''; 
                and
                    (B) by inserting ``Cleveland,'' after ``Clay,'';
            (2) in subparagraph (J), by striking ``and Spartanburg'' 
        and inserting ``Spartanburg, and Union''; and
            (3) in subparagraph (M), by inserting ``, of which the 
        counties of Brooke, Hancock, Marshall, and Ohio shall be 
        considered to be located in the North Central subregion'' after 
        ``West Virginia''.
    (b) Functions.--Section 14303(a) of title 40, United States Code, 
is amended--
            (1) in paragraph (9), by striking ``and'' at the end;
            (2) in paragraph (10), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(11) support broadband access in the Appalachian 
        region.''.
    (c) Congressional Notification.--
            (1) In general.--Subchapter II of chapter 143 of subtitle 
        IV of title 40, United States Code, is amended by adding at the 
        end the following:
``Sec. 14323. Congressional notification
    ``(a) In General.--In the case of a project described in subsection 
(b), the Appalachian Regional Commission shall provide to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate notice 
of the award of a grant or other financial assistance not less than 3 
full business days before awarding the grant or other financial 
assistance.
    ``(b) Projects Described.--A project referred to in subsection (a) 
is a project that the Appalachian Regional Commission has selected to 
receive a grant or other financial assistance under this subtitle in an 
amount not less than $50,000.''.
            (2) Clerical amendment.--The analysis for subchapter II of 
        chapter 143 of subtitle IV of title 40, United States Code, is 
        amended by adding at the end the following:

``14323. Congressional notification.''.
    (d) High-speed Broadband Deployment Initiative.--Section 14509 of 
title 40, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--The Appalachian Regional Commission may provide 
technical assistance, make grants, enter into contracts, or otherwise 
provide amounts to individuals or entities in the Appalachian region 
for projects and activities to increase affordable access to broadband 
networks throughout the Appalachian region.'';
            (2) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Eligible Projects and Activities.--A project or activity 
eligible to be carried out under this section is a project or 
activity--
            ``(1) to conduct research, analysis, and training to 
        increase broadband adoption efforts in the Appalachian region; 
        or
            ``(2) for the construction and deployment of broadband 
        service-related infrastructure in the Appalachian region.'';
            (4) in subsection (d) (as so redesignated), in the matter 
        preceding paragraph (1), by striking ``subsection (b)'' and 
        inserting ``subsection (c)''; and
            (5) by adding at the end the following:
    ``(f) Request for Data.--Before making a grant for a project or 
activity described in subsection (b)(2), the Appalachian Regional 
Commission shall request from the Federal Communications Commission, 
the National Telecommunications and Information Administration, the 
Economic Development Administration, and the Department of Agriculture 
data on--
            ``(1) the level and extent of broadband service that exists 
        in the area proposed to be served by the broadband service-
        related infrastructure; and
            ``(2) the level and extent of broadband service that will 
        be deployed in the area proposed to be served by the broadband 
        service-related infrastructure pursuant to another Federal 
        program.
    ``(g) Requirement.--For each fiscal year, not less than 65 percent 
of the amounts made available to carry out this section shall be used 
for grants for projects and activities described in subsection 
(b)(2).''.
    (e) Appalachian Regional Energy Hub Initiative.--
            (1) In general.--Subchapter I of chapter 145 of subtitle IV 
        of title 40, United States Code, is amended by adding at the 
        end the following:
``Sec. 14511. Appalachian regional energy hub initiative
    ``(a) In General.--The Appalachian Regional Commission may provide 
technical assistance to, make grants to, enter into contracts with, or 
otherwise provide amounts to individuals or entities in the Appalachian 
region for projects and activities--
            ``(1) to conduct research and analysis regarding the 
        economic impact of an ethane storage hub in the Appalachian 
        region that supports a more-effective energy market performance 
        due to the scale of the project, such as a project with the 
        capacity to store and distribute more than 100,000 barrels per 
        day of hydrocarbon feedstock with a minimum gross heating value 
        of 1,700 Btu per standard cubic foot;
            ``(2) with the potential to significantly contribute to the 
        economic resilience of the area in which the project is 
        located; and
            ``(3) that will help establish a regional energy hub in the 
        Appalachian region for natural gas and natural gas liquids, 
        including hydrogen produced from the steam methane reforming of 
        natural gas feedstocks.
    ``(b) Limitation on Available Amounts.--Of the cost of any project 
or activity eligible for a grant under this section--
            ``(1) except as provided in paragraphs (2) and (3), not 
        more than 50 percent may be provided from amounts made 
        available to carry out this section;
            ``(2) in the case of a project or activity to be carried 
        out in a county for which a distressed county designation is in 
        effect under section 14526, not more than 80 percent may be 
        provided from amounts made available to carry out this section; 
        and
            ``(3) in the case of a project or activity to be carried 
        out in a county for which an at-risk county designation is in 
        effect under section 14526, not more than 70 percent may be 
        provided from amounts made available to carry out this section.
    ``(c) Sources of Assistance.--Subject to subsection (b), a grant 
provided under this section may be provided from amounts made available 
to carry out this section, in combination with amounts made available--
            ``(1) under any other Federal program; or
            ``(2) from any other source.
    ``(d) Federal Share.--Notwithstanding any provision of law limiting 
the Federal share under any other Federal program, amounts made 
available to carry out this section may be used to increase that 
Federal share, as the Appalachian Regional Commission determines to be 
appropriate.''.
            (2) Clerical amendment.--The analysis for subchapter I of 
        chapter 145 of title 40, United States Code, is amended by 
        adding at the end the following:

``14511. Appalachian regional energy hub initiative.''.
    (f) Authorization of Appropriations.--Section 14703 of title 40, 
United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) $200,000,000 for each of fiscal years 2022 through 
        2026.'';
            (2) in subsection (c), by striking ``$10,000,000 may be 
        used to carry out section 14509 for each of fiscal years 2016 
        through 2021'' and inserting ``$20,000,000 may be used to carry 
        out section 14509 for each of fiscal years 2022 through 2026'';
            (3) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (4) by inserting after subsection (c) the following:
    ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts 
made available under subsection (a), $5,000,000 shall be used to carry 
out section 14511 for each of fiscal years 2022 through 2026.''.
    (g) Termination.--Section 14704 of title 40, United States Code, is 
amended by striking ``2021'' and inserting ``2026''.

SEC. 1507. DENALI COMMISSION.

    (a) Denali Access System Program.--Notwithstanding subsection (j) 
of section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 
note; Public Law 105-277), there is authorized to be appropriated 
$20,000,000 for each of fiscal years 2022 through 2026 to carry out 
that section.
    (b) Transfers of Funds.--Section 311(c) of the Denali Commission 
Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) notwithstanding any other provision of law, shall--
                    ``(A) be treated as if directly appropriated to the 
                Commission and subject to applicable provisions of this 
                Act; and
                    ``(B) not be subject to any requirements that 
                applied to the funds before the transfer, including a 
                requirement in an appropriations Act or a requirement 
                or regulation of the Federal agency from which the 
                funds are transferred.''.

SEC. 1508. REQUIREMENTS FOR TRANSPORTATION PROJECTS CARRIED OUT THROUGH 
              PUBLIC-PRIVATE PARTNERSHIPS.

    (a) Definitions.--In this section:
            (1) Project.--The term ``project'' means a project (as 
        defined in section 101 of title 23, United States Code) that--
                    (A) is carried out, in whole or in part, using 
                Federal financial assistance; and
                    (B) has an estimated total cost of $100,000,000 or 
                more.
            (2) Public-private partnership.--The term ``public-private 
        partnership'' means an agreement between a public agency and a 
        private entity to finance, build, and maintain or operate a 
        project.
    (b) Requirements for Projects Carried Out Through Public-private 
Partnerships.--With respect to a public-private partnership, as a 
condition of receiving Federal financial assistance for a project, the 
Secretary shall require the public partner, not later than 3 years 
after the date of opening of the project to traffic--
            (1) to conduct a review of the project, including a review 
        of the compliance of the private partner with the terms of the 
        public-private partnership agreement;
            (2)(A) to certify to the Secretary that the private partner 
        of the public-private partnership is meeting the terms of the 
        public-private partnership agreement for the project; or
            (B) to notify the Secretary that the private partner of the 
        public-private partnership has not met 1 or more of the terms 
        of the public-private partnership agreement for the project, 
        including a brief description of each violation of the public-
        private partnership agreement; and
            (3) to make publicly available the certification or 
        notification, as applicable, under paragraph (2) in a form that 
        does not disclose any proprietary or confidential business 
        information.
    (c) Notification.--If the Secretary provides Federal financial 
assistance to a project carried out through a public-private 
partnership, not later than 30 days after the date on which the Federal 
financial assistance is first obligated, the Secretary shall submit to 
the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a notification of the Federal financial assistance made 
available for the project.
    (d) Value for Money Analysis.--
            (1) Project approval and oversight.--Section 106(h)(3) of 
        title 23, United States Code, is amended--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (C) by inserting after subparagraph (C) the 
                following:
                    ``(D) for a project in which the project sponsor 
                intends to carry out the project through a public-
                private partnership agreement, shall include a detailed 
                value for money analysis or similar comparative 
                analysis for the project; and''.
            (2) Surface transportation block grant program.--Paragraph 
        (21) of section 133(b) of title 23, United States Code (as 
        redesignated by section 1109(a)(1)(C)), is amended by inserting 
        ``, including conducting value for money analyses or similar 
        comparative analyses,'' after ``oversight''.
            (3) TIFIA.--Section 602(a) of title 23, United States Code, 
        is amended by adding at the end the following:
            ``(11) Public-private partnerships.--In the case of a 
        project to be carried out through a public-private partnership, 
        the public partner shall have--
                    ``(A) conducted a value for money analysis or 
                similar comparative analysis; and
                    ``(B) determined the appropriateness of the public-
                private partnership agreement.''.
    (e) Applicability.--This section and the amendments made by this 
section shall only apply to a public-private partnership agreement 
entered into on or after the date of enactment of this Act.

SEC. 1509. RECONNECTING COMMUNITIES PILOT PROGRAM.

    (a) Definition of Eligible Facility.--
            (1) In general.--In this section, the term ``eligible 
        facility'' means a highway or other transportation facility 
        that creates a barrier to community connectivity, including 
        barriers to mobility, access, or economic development, due to 
        high speeds, grade separations, or other design factors.
            (2) Inclusions.--In this section, the term ``eligible 
        facility'' may include--
                    (A) a limited access highway;
                    (B) a viaduct; and
                    (C) any other principal arterial facility.
    (b) Establishment.--The Secretary shall establish a pilot program 
through which an eligible entity may apply for funding, in order to 
restore community connectivity--
            (1) to study the feasibility and impacts of removing, 
        retrofitting, or mitigating an existing eligible facility;
            (2) to conduct planning activities necessary to design a 
        project to remove, retrofit, or mitigate an existing eligible 
        facility; and
            (3) to conduct construction activities necessary to carry 
        out a project to remove, retrofit, or mitigate an existing 
        eligible facility.
    (c) Planning Grants.--
            (1) Eligible entities.--The Secretary may award a grant 
        (referred to in this section as a ``planning grant'') to carry 
        out planning activities described in paragraph (2) to--
                    (A) a State;
                    (B) a unit of local government;
                    (C) a Tribal government;
                    (D) a metropolitan planning organization; and
                    (E) a nonprofit organization.
            (2) Eligible activities described.--The planning activities 
        referred to in paragraph (1) are--
                    (A) planning studies to evaluate the feasibility of 
                removing, retrofitting, or mitigating an existing 
                eligible facility to restore community connectivity, 
                including evaluations of--
                            (i) current traffic patterns on the 
                        eligible facility proposed for removal, 
                        retrofit, or mitigation and the surrounding 
                        street network;
                            (ii) the capacity of existing 
                        transportation networks to maintain mobility 
                        needs;
                            (iii) an analysis of alternative roadway 
                        designs or other uses for the right-of-way of 
                        the eligible facility, including an analysis of 
                        whether the available right-of-way would 
                        suffice to create an alternative roadway 
                        design;
                            (iv) the effect of the removal, retrofit, 
                        or mitigation of the eligible facility on the 
                        mobility of freight and people;
                            (v) the effect of the removal, retrofit, or 
                        mitigation of the eligible facility on the 
                        safety of the traveling public;
                            (vi) the cost to remove, retrofit, or 
                        mitigate the eligible facility--
                                    (I) to restore community 
                                connectivity; and
                                    (II) to convert the eligible 
                                facility to a different roadway design 
                                or use, compared to any expected costs 
                                for necessary maintenance or 
                                reconstruction of the eligible 
                                facility;
                            (vii) the anticipated economic impact of 
                        removing, retrofitting, or mitigating and 
                        converting the eligible facility and any 
                        economic development opportunities that would 
                        be created by removing, retrofitting, or 
                        mitigating and converting the eligible 
                        facility; and
                            (viii) the environmental impacts of 
                        retaining or reconstructing the eligible 
                        facility and the anticipated effect of the 
                        proposed alternative use or roadway design;
                    (B) public engagement activities to provide 
                opportunities for public input into a plan to remove 
                and convert an eligible facility; and
                    (C) other transportation planning activities 
                required in advance of a project to remove, retrofit, 
                or mitigate an existing eligible facility to restore 
                community connectivity, as determined by the Secretary.
            (3) Technical assistance program.--
                    (A) In general.--The Secretary may provide 
                technical assistance described in subparagraph (B) to 
                an eligible entity.
                    (B) Technical assistance described.--The technical 
                assistance referred to in subparagraph (A) is technical 
                assistance in building organizational or community 
                capacity--
                            (i) to engage in transportation planning; 
                        and
                            (ii) to identify innovative solutions to 
                        infrastructure challenges, including 
                        reconnecting communities that--
                                    (I) are bifurcated by eligible 
                                facilities; or
                                    (II) lack safe, reliable, and 
                                affordable transportation choices.
                    (C) Priorities.--In selecting recipients of 
                technical assistance under subparagraph (A), the 
                Secretary shall give priority to an application from a 
                community that is economically disadvantaged.
            (4) Selection.--The Secretary shall--
                    (A) solicit applications for--
                            (i) planning grants; and
                            (ii) technical assistance under paragraph 
                        (3); and
                    (B) evaluate applications for a planning grant on 
                the basis of the demonstration by the applicant that--
                            (i) the eligible facility is aged and is 
                        likely to need replacement or significant 
                        reconstruction within the 20-year period 
                        beginning on the date of the submission of the 
                        application;
                            (ii) the eligible facility--
                                    (I) creates barriers to mobility, 
                                access, or economic development; or
                                    (II) is not justified by current 
                                and forecast future travel demand; and
                            (iii) on the basis of preliminary 
                        investigations into the feasibility of 
                        removing, retrofitting, or mitigating the 
                        eligible facility to restore community 
                        connectivity, further investigation is 
                        necessary and likely to be productive.
            (5) Award amounts.--A planning grant may not exceed 
        $2,000,000 per recipient.
            (6) Federal share.--The total Federal share of the cost of 
        a planning activity for which a planning grant is used shall 
        not exceed 80 percent.
    (d) Capital Construction Grants.--
            (1) Eligible entities.--The Secretary may award a grant 
        (referred to in this section as a ``capital construction 
        grant'') to the owner of an eligible facility to carry out an 
        eligible project described in paragraph (3) for which all 
        necessary feasibility studies and other planning activities 
        have been completed.
            (2) Partnerships.--An owner of an eligible facility may, 
        for the purposes of submitting an application for a capital 
        construction grant, if applicable, partner with--
                    (A) a State;
                    (B) a unit of local government;
                    (C) a Tribal government;
                    (D) a metropolitan planning organization; or
                    (E) a nonprofit organization.
            (3) Eligible projects.--A project eligible to be carried 
        out with a capital construction grant includes--
                    (A) the removal, retrofit, or mitigation of an 
                eligible facility; and
                    (B) the replacement of an eligible facility with a 
                new facility that--
                            (i) restores community connectivity; and
                            (ii) is--
                                    (I) sensitive to the context of the 
                                surrounding community; and
                                    (II) otherwise eligible for funding 
                                under title 23, United States Code.
            (4) Selection.--The Secretary shall--
                    (A) solicit applications for capital construction 
                grants; and
                    (B) evaluate applications on the basis of--
                            (i) the degree to which the project will 
                        improve mobility and access through the removal 
                        of barriers;
                            (ii) the appropriateness of removing, 
                        retrofitting, or mitigating the eligible 
                        facility, based on current traffic patterns and 
                        the ability of the replacement facility and the 
                        regional transportation network to absorb 
                        transportation demand and provide safe mobility 
                        and access;
                            (iii) the impact of the project on freight 
                        movement;
                            (iv) the results of a cost-benefit analysis 
                        of the project;
                            (v) the opportunities for inclusive 
                        economic development;
                            (vi) the degree to which the eligible 
                        facility is out of context with the current or 
                        planned land use;
                            (vii) the results of any feasibility study 
                        completed for the project; and
                            (viii) the plan of the applicant for--
                                    (I) employing residents in the area 
                                impacted by the project through 
                                targeted hiring programs, in 
                                partnership with registered 
                                apprenticeship programs, if applicable; 
                                and
                                    (II) contracting and subcontracting 
                                with disadvantaged business 
                                enterprises.
            (5) Minimum award amounts.--A capital construction grant 
        shall be in an amount not less than $5,000,000 per recipient.
            (6) Federal share.--
                    (A) In general.--Subject to subparagraph (B), a 
                capital construction grant may not exceed 50 percent of 
                the total cost of the project for which the grant is 
                awarded.
                    (B) Maximum federal involvement.--Federal 
                assistance other than a capital construction grant may 
                be used to satisfy the non-Federal share of the cost of 
                a project for which the grant is awarded, except that 
                the total Federal assistance provided for a project for 
                which the grant is awarded may not exceed 80 percent of 
                the total cost of the project.
            (7) Community advisory board.--
                    (A) In general.--To help achieve inclusive economic 
                development benefits with respect to the project for 
                which a grant is awarded, a grant recipient may form a 
                community advisory board, which shall--
                            (i) facilitate community engagement with 
                        respect to the project; and
                            (ii) track progress with respect to 
                        commitments of the grant recipient to inclusive 
                        employment, contracting, and economic 
                        development under the project.
                    (B) Membership.--If a grant recipient forms a 
                community advisory board under subparagraph (A), the 
                community advisory board shall be composed of 
                representatives of--
                            (i) the community;
                            (ii) owners of businesses that serve the 
                        community;
                            (iii) labor organizations that represent 
                        workers that serve the community; and
                            (iv) State and local government.
    (e) Reports.--
            (1) USDOT report on program.--Not later than January 1, 
        2026, the Secretary shall submit to the Committee on 
        Environment and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that evaluates the program under this 
        section, including--
                    (A) information about the level of applicant 
                interest in planning grants, technical assistance under 
                subsection (c)(3), and capital construction grants, 
                including the extent to which overall demand exceeded 
                available funds; and
                    (B) for recipients of capital construction grants, 
                the outcomes and impacts of the highway removal 
                project, including--
                            (i) any changes in the overall level of 
                        mobility, congestion, access, and safety in the 
                        project area; and
                            (ii) environmental impacts and economic 
                        development opportunities in the project area.
            (2) GAO report on highway removals.--Not later than 2 years 
        after the date of enactment of this Act, the Comptroller 
        General of the United States shall issue a report that--
                    (A) identifies examples of projects to remove 
                highways using Federal highway funds;
                    (B) evaluates the effect of highway removal 
                projects on the surrounding area, including impacts to 
                the local economy, congestion effects, safety outcomes, 
                and impacts on the movement of freight and people;
                    (C) evaluates the existing Federal-aid program 
                eligibility under title 23, United States Code, for 
                highway removal projects;
                    (D) analyzes the costs and benefits of and barriers 
                to removing underutilized highways that are nearing the 
                end of their useful life compared to replacing or 
                reconstructing the highway; and
                    (E) provides recommendations for integrating those 
                assessments into transportation planning and decision-
                making processes.
    (f) Technical Assistance.--Of the funds made available to carry out 
this section for planning grants, the Secretary may use not more than 
$15,000,000 during the period of fiscal years 2022 through 2026 to 
provide technical assistance under subsection (c)(3).

SEC. 1510. CYBERSECURITY TOOL; CYBER COORDINATOR.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Highway Administration.
            (2) Cyber incident.--The term ``cyber incident'' has the 
        meaning given the term ``significant cyber incident'' in 
        Presidential Policy Directive-41 (July 26, 2016, relating to 
        cyber incident coordination).
            (3) Transportation authority.--The term ``transportation 
        authority'' means--
                    (A) a public authority (as defined in section 
                101(a) of title 23, United States Code);
                    (B) an owner or operator of a highway (as defined 
                in section 101(a) of title 23, United States Code);
                    (C) a manufacturer that manufactures a product 
                related to transportation; and
                    (D) a division office of the Federal Highway 
                Administration.
    (b) Cybersecurity Tool.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall develop a tool 
        to assist transportation authorities in identifying, detecting, 
        protecting against, responding to, and recovering from cyber 
        incidents.
            (2) Requirements.--In developing the tool under paragraph 
        (1), the Administrator shall--
                    (A) use the cybersecurity framework established by 
                the National Institute of Standards and Technology and 
                required by Executive Order 13636 of February 12, 2013 
                (78 Fed. Reg. 11739; relating to improving critical 
                infrastructure cybersecurity);
                    (B) establish a structured cybersecurity assessment 
                and development program;
                    (C) consult with appropriate transportation 
                authorities, operating agencies, industry stakeholders, 
                and cybersecurity experts; and
                    (D) provide for a period of public comment and 
                review on the tool.
    (c) Designation of Cyber Coordinator.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall designate an 
        office as a ``cyber coordinator'', which shall be responsible 
        for monitoring, alerting, and advising transportation 
        authorities of cyber incidents.
            (2) Requirements.--The office designated under paragraph 
        (1) shall--
                    (A) provide to transportation authorities a secure 
                method of notifying a single Federal entity of cyber 
                incidents;
                    (B) monitor cyber incidents that affect 
                transportation authorities;
                    (C) alert transportation authorities to cyber 
                incidents that affect those transportation authorities;
                    (D) investigate unaddressed cyber incidents that 
                affect transportation authorities; and
                    (E) provide to transportation authorities 
                educational resources, outreach, and awareness on 
                fundamental principles and best practices in 
                cybersecurity for transportation systems.

SEC. 1511. REPORT ON EMERGING ALTERNATIVE FUEL VEHICLES AND 
              INFRASTRUCTURE.

    (a) Definitions.--In this section:
            (1) Emerging alternative fuel vehicle.--The term ``emerging 
        alternative fuel vehicle'' means a vehicle fueled by hydrogen, 
        natural gas, or propane.
            (2) Emerging alternative fueling infrastructure.--The term 
        ``emerging alternative fueling infrastructure'' means 
        infrastructure for fueling an emerging alternative fuel 
        vehicle.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, to help guide future investments for emerging alternative 
fueling infrastructure, the Secretary shall submit to Congress and make 
publicly available a report that--
            (1) includes an evaluation of emerging alternative fuel 
        vehicles and projections for potential locations of emerging 
        alternative fuel vehicle owners during the 5-year period 
        beginning on the date of submission of the report;
            (2) identifies areas where emerging alternative fueling 
        infrastructure will be needed to meet the current and future 
        needs of drivers during the 5-year period beginning on the date 
        of submission of the report;
            (3) identifies specific areas, such as a lack of pipeline 
        infrastructure, that may impede deployment and adoption of 
        emerging alternative fuel vehicles;
            (4) includes a map that identifies concentrations of 
        emerging alternative fuel vehicles to meet the needs of current 
        and future emerging alternative fueling infrastructure;
            (5) estimates the future need for emerging alternative 
        fueling infrastructure to support the adoption and use of 
        emerging alternative fuel vehicles; and
            (6) includes a tool to allow States to compare and evaluate 
        different adoption and use scenarios for emerging alternative 
        fuel vehicles, with the ability to adjust factors to account 
        for regionally specific characteristics.

SEC. 1512. NONHIGHWAY RECREATIONAL FUEL STUDY.

    (a) Definitions.--In this section:
            (1) Highway trust fund.--The term ``Highway Trust Fund'' 
        means the Highway Trust Fund established by section 9503(a) of 
        the Internal Revenue Code of 1986.
            (2) Nonhighway recreational fuel taxes.--The term 
        ``nonhighway recreational fuel taxes'' means taxes under 
        section 4041 and 4081 of the Internal Revenue Code of 1986 with 
        respect to fuel used in vehicles on recreational trails or back 
        country terrain (including vehicles registered for highway use 
        when used on recreational trails, trail access roads not 
        eligible for funding under title 23, United States Code, or 
        back country terrain).
            (3) Recreational trails program.--The term ``recreational 
        trails program'' means the recreational trails program under 
        section 206 of title 23, United States Code.
    (b) Assessment; Report.--
            (1) Assessment.--Not later than 1 year after the date of 
        enactment of this Act and not less frequently than once every 5 
        years thereafter, as determined by the Secretary, the Secretary 
        shall carry out an assessment of the best available estimate of 
        the total amount of nonhighway recreational fuel taxes received 
        by the Secretary of the Treasury and transferred to the Highway 
        Trust Fund for the period covered by the assessment.
            (2) Report.--After carrying out each assessment under 
        paragraph (1), the Secretary shall submit to the Committees on 
        Finance and Environment and Public Works of the Senate and the 
        Committees on Ways and Means and Transportation and 
        Infrastructure of the House of Representatives a report that 
        includes--
                    (A) to assist Congress in determining an 
                appropriate funding level for the recreational trails 
                program--
                            (i) a description of the results of the 
                        assessment; and
                            (ii) an evaluation of whether the current 
                        recreational trails program funding level 
                        reflects the amount of nonhighway recreational 
                        fuel taxes collected and transferred to the 
                        Highway Trust Fund; and
                    (B) in the case of the first report submitted under 
                this paragraph, an estimate of the frequency with which 
                the Secretary anticipates carrying out the assessment 
                under paragraph (1), subject to the condition that such 
                an assessment shall be carried out not less frequently 
                than once every 5 years.
    (c) Consultation.--In carrying out an assessment under subsection 
(b)(1), the Secretary may consult with, as the Secretary determines to 
be appropriate--
            (1) the heads of--
                    (A) State agencies designated by Governors pursuant 
                to section 206(c)(1) of title 23, United States Code, 
                to administer the recreational trails program; and
                    (B) division offices of the Department;
            (2) the Secretary of the Treasury;
            (3) the Administrator of the Federal Highway 
        Administration; and
            (4) groups representing recreational activities and 
        interests, including hiking, biking and mountain biking, 
        horseback riding, water trails, snowshoeing, cross-country 
        skiing, snowmobiling, off-highway motorcycling, all-terrain 
        vehicles and other offroad motorized vehicle activities, and 
        recreational trail advocates.

SEC. 1513. BUY AMERICA.

    Section 313 of title 23, United States Code, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Waivers.--
            ``(1) In general.--Not less than 15 days before issuing a 
        waiver under this section, the Secretary shall provide to the 
        public--
                    ``(A) notice of the proposed waiver;
                    ``(B) an opportunity for comment on the proposed 
                waiver; and
                    ``(C) the reasons for the proposed waiver.
            ``(2) Report.--Not less frequently than annually, the 
        Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a report on 
        the waivers provided under this section.''.

SEC. 1514. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY SYSTEM.

    (a) High Priority Corridors.--Section 1105(c) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 
Stat. 2032; 133 Stat. 3018) is amended by adding at the end the 
following:
            ``(92) United States Route 421 from the interchange with 
        Interstate Route 85 in Greensboro, North Carolina, to the 
        interchange with Interstate Route 95 in Dunn, North Carolina.
            ``(93) The South Mississippi Corridor from the Louisiana 
        and Mississippi border near Natchez, Mississippi, to Gulfport, 
        Mississippi, shall generally follow--
                    ``(A) United States Route 84 from the Louisiana 
                border at the Mississippi River passing in the vicinity 
                of Natchez, Brookhaven, Monticello, Prentiss, and 
                Collins, Mississippi, to the logical terminus with 
                Interstate Route 59 in the vicinity of Laurel, 
                Mississippi, and continuing on Interstate Route 59 
                south to the vicinity of Hattiesburg, Mississippi; and
                    ``(B) United States Route 49 from the vicinity of 
                Hattiesburg, Mississippi, south to Interstate Route 10 
                in the vicinity of Gulfport, Mississippi, following 
                Mississippi Route 601 south and terminating near the 
                Mississippi State Port at Gulfport.
            ``(94) The Kosciusko to Gulf Coast corridor commencing at 
        the logical terminus of Interstate Route 55 near Vaiden, 
        Mississippi, running south and passing east of the vicinity of 
        the Jackson Urbanized Area, connecting to United States Route 
        49 north of Hattiesburg, Mississippi, and generally following 
        United States Route 49 to a logical connection with Interstate 
        Route 10 in the vicinity of Gulfport, Mississippi.
            ``(95) The Interstate Route 22 spur from the vicinity of 
        Tupelo, Mississippi, running south generally along United 
        States Route 45 to the vicinity of Shannon, Mississippi.
            ``(96) The route that generally follows United States Route 
        412 from its intersection with Interstate Route 35 in Noble 
        County, Oklahoma, passing through Tulsa, Oklahoma, to its 
        intersection with Interstate Route 49 in Springdale, Arkansas.
            ``(97) The Louie B. Nunn Cumberland Expressway from the 
        interchange with Interstate Route 65 in Barren County, 
        Kentucky, east to the interchange with United States Highway 27 
        in Somerset, Kentucky.
            ``(98) The route that generally follows State Route 7 from 
        Grenada, Mississippi, to Holly Springs, Mississippi, passing in 
        the vicinity of Coffeeville, Water Valley, Oxford, and 
        Abbeville, Mississippi, to its logical connection with 
        Interstate Route 22 in the vicinity of Holly Springs, 
        Mississippi.''.
    (b) Designation as Future Interstates.--Section 1105(e)(5)(A) of 
the Intermodal Surface Transportation Efficiency Act of 1991 (Public 
Law 102-240; 109 Stat. 597; 133 Stat. 3018) is amended in the first 
sentence by striking ``and subsection (c)(91)'' and inserting 
``subsection (c)(91), subsection (c)(92), subsection (c)(93)(A), 
subsection (c)(94), subsection (c)(95), subsection (c)(96), and 
subsection (c)(97)''.
    (c) Numbering of Parkway.--Section 1105(e)(5)(C)(i) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 
102-240; 109 Stat. 598; 133 Stat. 3018) is amended by adding at the end 
the following: ``The route referred to in subsection (c)(97) is 
designated as Interstate Route I-365.''.
    (d) GAO Report on Designation of Segments as Part of Interstate 
System.--
            (1) Definition of applicable segment.--In this subsection, 
        the term ``applicable segment'' means the route described in 
        paragraph (92) of section 1105(c) of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (Public Law 102-240; 105 
        Stat. 2032).
            (2) Report.--
                    (A) In general.--Not later than 2 years after the 
                date on which the applicable segment is open for 
                operations as part of the Interstate System, the 
                Comptroller General of the United States shall submit 
                to Congress a report on the impact, if any, during that 
                2-year period of allowing the continuation of weight 
                limits that applied before the designation of the 
                applicable segment as a route on the Interstate System.
                    (B) Requirements.--The report under subparagraph 
                (A) shall--
                            (i) be informed by the views and 
                        documentation provided by the State highway 
                        agency (or equivalent agency) in the State in 
                        which the applicable segment is located;
                            (ii) describe any impacts on safety and 
                        infrastructure on the applicable segment;
                            (iii) describe any view of the State 
                        highway agency (or equivalent agency) in the 
                        State in which the applicable segment is 
                        located on the impact of the applicable 
                        segment; and
                            (iv) focus only on the applicable segment.

SEC. 1515. INTERSTATE WEIGHT LIMITS.

    Section 127 of title 23, United States Code, is amended--
            (1) in subsection (l)(3)(A)--
                    (A) in the matter preceding clause (i), in the 
                first sentence, by striking ``clauses (i) through (iv) 
                of this subparagraph'' and inserting ``clauses (i) 
                through (v)''; and
                    (B) by adding at the end the following:
                            ``(v) The Louie B. Nunn Cumberland 
                        Expressway (to be designated as a spur of 
                        Interstate Route 65) from the interchange with 
                        Interstate Route 65 in Barren County, Kentucky, 
                        east to the interchange with United States 
                        Highway 27 in Somerset, Kentucky.''; and
            (2) by adding at the end the following:
    ``(v) Operation of Vehicles on Certain North Carolina Highways.--If 
any segment in the State of North Carolina of United States Route 17, 
United States Route 29, United States Route 52, United States Route 64, 
United States Route 70, United States Route 74, United States Route 
117, United States Route 220, United States Route 264, or United States 
Route 421 is designated as a route on the Interstate System, a vehicle 
that could operate legally on that segment before the date of such 
designation may continue to operate on that segment, without regard to 
any requirement under subsection (a).
    ``(w) Operation of Vehicles on Certain Oklahoma Highways.--If any 
segment of the highway referred to in paragraph (96) of section 1105(c) 
of the Intermodal Surface Transportation Efficiency Act of 1991 (Public 
Law 102-240; 105 Stat. 2032) is designated as a route on the Interstate 
System, a vehicle that could operate legally on that segment before the 
date of such designation may continue to operate on that segment, 
without any regard to any requirement under this section.''.

SEC. 1516. REPORT ON AIR QUALITY IMPROVEMENTS.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
a report that evaluates the congestion mitigation and air quality 
improvement program under section 149 of title 23, United States Code 
(referred to in this section as the ``program''), to--
            (1) the Committee on Environment and Public Works of the 
        Senate; and
            (2) the Committee on Transportation and Infrastructure of 
        the House of Representatives.
    (b) Contents.--The evaluation under subsection (a) shall include an 
evaluation of--
            (1) the reductions of ozone, carbon monoxide, and 
        particulate matter that result from projects under the program;
            (2) the cost-effectiveness of the reductions described in 
        paragraph (1);
            (3) the result of investments of funding under the program 
        in minority and low-income communities that are 
        disproportionately affected by ozone, carbon monoxide, and 
        particulate matter;
            (4) the effectiveness, with respect to the attainment or 
        maintenance of national ambient air quality standards under 
        section 109 of the Clean Air Act (42 U.S.C. 7409) for ozone, 
        carbon monoxide, and particulate matter, of performance 
        measures established under section 150(c)(5) of title 23, 
        United States Code, and performance targets established under 
        subsection (d) of that section for traffic congestion and on-
        road mobile source emissions;
            (5) the extent to which there are any types of projects 
        that are not eligible funding under the program that would be 
        likely to contribute to the attainment or maintenance of the 
        national ambient air quality standards described in paragraph 
        (4); and
            (6) the extent to which projects under the program reduce 
        sulfur dioxide, nitrogen dioxide, and lead.

SEC. 1517. ROADSIDE HIGHWAY SAFETY HARDWARE.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall implement, to the maximum extent 
practicable, the following recommendations from the report of the 
Government Accountability Office entitled ``Highway Safety: More Robust 
DOT Oversight of Guardrails and Other Roadside Hardware Could Further 
Enhance Safety'' published in June 2016 and numbered GAO-16-575:
            (1) Develop a process for third party verification of full-
        scale crash testing results from crash test labs to include a 
        process for--
                    (A) formally verifying the testing outcomes; and
                    (B) providing for an independent pass/fail 
                determination.
            (2) Establish a process to enhance the independence of 
        crash test labs by ensuring that those labs have a clear 
        separation between device development and testing in cases in 
        which lab employees test devices that were developed within the 
        parent organization of the employee.
    (b) Continued Issuance of Eligibility Letters.--Until the 
implementation of the recommendations described in subsection (a) is 
complete, the Secretary shall ensure that the Administrator of the 
Federal Highway Administration continues to issue Federal-aid 
reimbursement eligibility letters as a service to States.

SEC. 1518. PERMEABLE PAVEMENTS STUDY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall carry out a study--
            (1) to gather existing information on the effects of 
        permeable pavements on flood control in different contexts, 
        including in urban areas, and over the lifetime of the 
        permeable pavement;
            (2) to perform research to fill gaps in the existing 
        information gathered under paragraph (1); and
            (3) to develop--
                    (A) models for the performance of permeable 
                pavements in flood control; and
                    (B) best practices for designing permeable pavement 
                to meet flood control requirements.
    (b) Data Survey.--In carrying out the study under subsection (a), 
the Secretary shall develop--
            (1) a summary, based on available literature and models, of 
        localized flood control capabilities of permeable pavement that 
        considers long-term performance and cost information; and
            (2) best practices for the design of localized flood 
        control using permeable pavement that considers long-term 
        performance and cost information.
    (c) Publication.--The Secretary shall make a report describing the 
results of the study under subsection (a) publicly available.

SEC. 1519. EMERGENCY RELIEF PROJECTS.

    (a) Definition of Emergency Relief Project.--In this section, the 
term ``emergency relief project'' means a project carried out under the 
emergency relief program under section 125 of title 23, United States 
Code.
    (b) Improving the Emergency Relief Program.--Not later than 90 days 
after the date of enactment of this Act, the Secretary shall--
            (1) revise the emergency relief manual of the Federal 
        Highway Administration--
                    (A) to include and reflect the definition of the 
                term ``resilience'' (as defined in section 101(a) of 
                title 23, United States Code);
                    (B) to identify procedures that States may use to 
                incorporate resilience into emergency relief projects; 
                and
                    (C) to encourage the use of Complete Streets design 
                principles and consideration of access for moderate- 
                and low-income families impacted by a declared 
                disaster;
            (2) develop best practices for improving the use of 
        resilience in--
                    (A) the emergency relief program under section 125 
                of title 23, United States Code; and
                    (B) emergency relief efforts;
            (3) provide to division offices of the Federal Highway 
        Administration and State departments of transportation 
        information on the best practices developed under paragraph 
        (2); and
            (4) develop and implement a process to track--
                    (A) the consideration of resilience as part of the 
                emergency relief program under section 125 of title 23, 
                United States Code; and
                    (B) the costs of emergency relief projects.

SEC. 1520. STUDY ON STORMWATER BEST MANAGEMENT PRACTICES.

    (a) Study.--Not later than 180 days after the date of enactment of 
this Act, the Secretary and the Administrator of the Environment 
Protection Agency shall offer to enter into an agreement with the 
Transportation Research Board of the National Academy of Sciences to 
conduct a study--
            (1) to estimate pollutant loads from stormwater runoff from 
        highways and pedestrian facilities eligible for assistance 
        under title 23, United States Code, to inform the development 
        of appropriate total maximum daily load (as defined in section 
        130.2 of title 40, Code of Federal Regulations (or successor 
        regulations)) requirements;
            (2) to provide recommendations regarding the evaluation and 
        selection by State departments of transportation of potential 
        stormwater management and total maximum daily load compliance 
        strategies within a watershed, including environmental 
        restoration and pollution abatement carried out under section 
        328 of title 23, United States Code (including any revisions to 
        law (including regulations) that the Transportation Research 
        Board determines to be appropriate); and
            (3) to examine the potential for the Secretary to assist 
        State departments of transportation in carrying out and 
        communicating stormwater management practices for highways and 
        pedestrian facilities that are eligible for assistance under 
        title 23, United States Code, through information-sharing 
        agreements, database assistance, or an administrative platform 
        to provide the information described in paragraphs (1) and (2) 
        to entities issued permits under the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.).
    (b) Requirements.--If the Transportation Research Board enters into 
an agreement under subsection (a), in conducting the study under that 
subsection, the Transportation Research Board shall--
            (1) review and supplement, as appropriate, the 
        methodologies examined and recommended in the report of the 
        National Academies of Sciences, Engineering, and Medicine 
        entitled ``Approaches for Determining and Complying with TMDL 
        Requirements Related to Roadway Stormwater Runoff'' and dated 
        2019;
            (2) consult with--
                    (A) the Secretary;
                    (B) the Administrator of the Environmental 
                Protection Agency;
                    (C) the Secretary of the Army, acting through the 
                Chief of Engineers; and
                    (D) State departments of transportation; and
            (3) solicit input from--
                    (A) stakeholders with experience in implementing 
                stormwater management practices for projects; and
                    (B) educational and technical stormwater management 
                groups.
    (c) Report.--If the Transportation Research Board enters into an 
agreement under subsection (a), not later than 18 months after the date 
of enactment of this Act, the Transportation Research Board shall 
submit to the Secretary, the Committee on Environment and Public Works 
of the Senate, and the Committee on Transportation and Infrastructure 
of the House of Representatives a report describing the results of the 
study.

SEC. 1521. STORMWATER BEST MANAGEMENT PRACTICES REPORTS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Highway Administration.
            (2) Best management practices report.--The term ``best 
        management practices report'' means--
                    (A) the 2014 report sponsored by the Administrator 
                entitled ``Determining the State of the Practice in 
                Data Collection and Performance Measurement of 
                Stormwater Best Management Practices''; and
                    (B) the 1997 report sponsored by the Administrator 
                entitled ``Stormwater Best Management Practices in an 
                Ultra-Urban Setting: Selection and Monitoring''.
    (b) Reissuance.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall update and reissue each best 
management practices report to reflect new information and advancements 
in stormwater management.
    (c) Updates.--Not less frequently than once every 5 years after the 
date on which the Administrator reissues a best management practices 
report described in subsection (b), the Administrator shall update and 
reissue the best management practices report until the earlier of the 
date on which--
            (1) the best management practices report is withdrawn; or
            (2) the contents of the best management practices report 
        are incorporated (including by reference) into applicable 
        regulations of the Administrator.

SEC. 1522. INVASIVE PLANT ELIMINATION PROGRAM.

    (a) Definitions.--In this section:
            (1) Invasive plant.--The term ``invasive plant'' means a 
        nonnative plant, tree, grass, or weed species, including, at a 
        minimum, cheatgrass, Ventenata dubia, medusahead, bulbous 
        bluegrass, Japanese brome, rattail fescue, Japanese 
        honeysuckle, phragmites, autumn olive, Bradford pear, wild 
        parsnip, sericea lespedeza, spotted knapweed, garlic mustard, 
        and palmer amaranth.
            (2) Program.--The term ``program'' means the grant program 
        established under subsection (b).
            (3) Transportation corridor.--The term ``transportation 
        corridor'' means a road, highway, railroad, or other surface 
        transportation route.
    (b) Establishment.--The Secretary shall carry out a program to 
provide grants to States to eliminate or control existing invasive 
plants or prevent introduction of or encroachment by new invasive 
plants along and in areas adjacent to transportation corridor rights-
of-way.
    (c) Application.--To be eligible to receive a grant under the 
program, a State shall submit to the Secretary an application at such 
time, in such manner, and containing such information as the Secretary 
may require.
    (d) Eligible Activities.--
            (1) In general.--Subject to this subsection, a State that 
        receives a grant under the program may use the grant funds to 
        carry out activities to eliminate or control existing invasive 
        plants or prevent introduction of or encroachment by new 
        invasive plants along and in areas adjacent to transportation 
        corridor rights-of-way.
            (2) Prioritization of projects.--In carrying out the 
        program, the Secretary shall give priority to projects that 
        utilize revegetation with native plants and wildflowers, 
        including those that are pollinator-friendly.
            (3) Prohibition on certain uses of funds.--Amounts provided 
        to a State under the program may not be used for costs relating 
        to mowing a transportation corridor right-of-way or the 
        adjacent area unless--
                    (A) mowing is identified as the best means of 
                treatment according to best management practices; or
                    (B) mowing is used in conjunction with another 
                treatment.
            (4) Limitation.--Not more than 10 percent of the amounts 
        provided to a State under the program may be used for the 
        purchase of equipment.
            (5) Administrative and indirect costs.--Not more than 5 
        percent of the amounts provided to a State under the program 
        may be used for the administrative and other indirect costs 
        (such as full time employee salaries, rent, insurance, 
        subscriptions, utilities, and office supplies) of carrying out 
        eligible activities.
    (e) Requirements.--
            (1) Coordination.--In carrying out eligible activities with 
        a grant under the program, a State shall coordinate with--
                    (A) units of local government, political 
                subdivisions of the State, and Tribal authorities that 
                are carrying out eligible activities in the areas to be 
                treated;
                    (B) local regulatory authorities, in the case of a 
                treatment along or adjacent to a railroad right-of-way; 
                and
                    (C) with respect to the most effective roadside 
                control methods, State and Federal land management 
                agencies and any relevant Tribal authorities.
            (2) Annual report.--Not later than 1 year after the date on 
        which a State receives a grant under the program, and annually 
        thereafter, that State shall provide to the Secretary an annual 
        report on the treatments carried out using funds from the 
        grant.
    (f) Federal Share.--
            (1) In general.--The Federal share of the cost of an 
        eligible activity carried out using funds from a grant under 
        the program shall be--
                    (A) in the case of a project that utilizes 
                revegetation with native plants and wildflowers, 
                including those that are pollinator-friendly, 75 
                percent; and
                    (B) in the case of any other project not described 
                in subparagraph (A), 50 percent.
            (2) Certain funds counted toward non-federal share.--A 
        State may include amounts expended by the State or a unit of 
        local government in the State to address current invasive plant 
        populations and prevent future infestation along or in areas 
        adjacent to transportation corridor rights-of-way in 
        calculating the non-Federal share required under the program.
    (g) Funding.--There is authorized to be appropriated to carry out 
the program $50,000,000 for each of fiscal years 2022 through 2026.

SEC. 1523. OVER-THE-ROAD BUS TOLLING EQUITY.

    Section 129(a) of title 23, United States Code, is amended--
            (1) in paragraph (3)(B)(i), by inserting ``, together with 
        the results of the audit under paragraph (9)(C),'' after ``the 
        audits''; and
            (2) in paragraph (9)--
                    (A) by striking ``An over-the-road'' and inserting 
                the following:
                    ``(A) In general.--An over-the-road'';
                    (B) in subparagraph (A) (as so designated), by 
                striking ``public transportation buses'' and inserting 
                ``public transportation vehicles''; and
                    (C) by adding at the end the following:
                    ``(B) Reports.--
                            ``(i) In general.--Not later than 90 days 
                        after the date of enactment of this 
                        subparagraph, a public authority that operates 
                        a toll facility shall report to the Secretary 
                        any rates, terms, or conditions for access to 
                        the toll facility by public transportation 
                        vehicles that differ from the rates, terms, or 
                        conditions applicable to over-the-road buses.
                            ``(ii) Updates.--A public authority that 
                        operates a toll facility shall report to the 
                        Secretary any change to the rates, terms, or 
                        conditions for access to the toll facility by 
                        public transportation vehicles that differ from 
                        the rates, terms, or conditions applicable to 
                        over-the-road buses by not later than 30 days 
                        after the date on which the change takes 
                        effect.
                            ``(iii) Publication.--The Secretary shall 
                        publish information reported to the Secretary 
                        under clauses (i) and (ii) on a publicly 
                        accessible internet website.
                    ``(C) Annual audit.--
                            ``(i) In general.--A public authority (as 
                        defined in section 101(a)) with jurisdiction 
                        over a toll facility shall--
                                    ``(I) conduct or have an 
                                independent auditor conduct an annual 
                                audit of toll facility records to 
                                verify compliance with this paragraph; 
                                and
                                    ``(II) report the results of the 
                                audit, together with the results of the 
                                audit under paragraph (3)(B), to the 
                                Secretary.
                            ``(ii) Records.--After providing reasonable 
                        notice, a public authority described in clause 
                        (i) shall make all records of the public 
                        authority pertaining to the toll facility 
                        available for audit by the Secretary.
                            ``(iii) Noncompliance.--If the Secretary 
                        determines that a public authority described in 
                        clause (i) has not complied with this 
                        paragraph, the Secretary may require the public 
                        authority to discontinue collecting tolls until 
                        an agreement with the Secretary is reached to 
                        achieve compliance.''.

SEC. 1524. BRIDGE TERMINOLOGY.

    (a) Condition of NHS Bridges.--Section 119(f)(2) of title 23, 
United States Code, is amended by striking ``structurally deficient'' 
each place it appears and inserting ``in poor condition''.
    (b) National Bridge and Tunnel Inventories.--Section 144(b)(5) of 
title 23, United States Code, is amended by striking ``structurally 
deficient bridge'' and inserting ``bridge classified as in poor 
condition''.
    (c) Tribal Transportation Facility Bridges.--Section 202(d) of 
title 23, United States Code, is amended--
            (1) in paragraph (1), by striking ``deficient bridges 
        eligible for the tribal transportation program'' and inserting 
        ``bridges eligible for the tribal transportation program 
        classified as in poor condition, having low load capacity, or 
        needing geometric improvements''; and
            (2) in paragraph (3)(C), by striking ``structurally 
        deficient or functionally obsolete'' and inserting ``classified 
        as in poor condition, having a low load capacity, or needing 
        geometric improvements''.

SEC. 1525. TECHNICAL CORRECTIONS.

    (a) Section 101(b)(1) of title 23, United States Code, is amended 
by inserting ``Highways'' after ``and Defense''.
    (b) Section 104(f)(3) of title 23, United States Code, is amended--
            (1) in the paragraph heading, by striking ``federal highway 
        administration'' and inserting ``an operating administration of 
        the department of transportation''; and
            (2) in subparagraph (A), by striking ``the Federal Highway 
        Administration'' and inserting ``an operating administration of 
        the Department of Transportation''.
    (c) Section 108(c)(3)(F) of title 23, United States Code, is 
amended--
            (1) by inserting ``of 1969 (42 U.S.C. 4321 et seq.)'' after 
        ``Policy Act''; and
            (2) by striking ``this Act'' and inserting ``this title''.
    (d) Section 112(b)(2) of title 23, United States Code, is amended 
by striking ``(F) (F) Subparagraphs'' and inserting the following:
                    ``(F) Exclusion.--Subparagraphs''.
    (e) Section 115(c) of title 23, United States Code, is amended by 
striking ``section 135(f)'' and inserting ``section 135(g)''.
    (f) Section 130(g) of title 23, United States Code, is amended--
            (1) in the third sentence--
                    (A) by striking ``and Transportation,'' and 
                inserting ``and Transportation''; and
                    (B) by striking ``thereafter,,'' and inserting 
                ``thereafter,''; and
            (2) in the fifth sentence, by striking ``railroad highway'' 
        and inserting ``railway-highway''.
    (g) Section 135(g) of title 23, United States Code, is amended--
            (1) in paragraph (3), by striking ``operators),,'' and 
        inserting ``operators),''; and
            (2) in paragraph (6)(B), by striking ``5310, 5311, 5316, 
        and 5317'' and inserting ``5310 and 5311''.
    (h) Section 139 of title 23, United States Code (as amended by 
section 1301), is amended--
            (1) in subsection (b)(1), by inserting ``(42 U.S.C. 4321 et 
        seq.)'' after ``of 1969'';
            (2) in subsection (c), by inserting ``(42 U.S.C. 4321 et 
        seq.)'' after ``of 1969'' each place it appears; and
            (3) in subsection (k)(2), by inserting ``(42 U.S.C. 4321 et 
        seq.)'' after ``of 1969''.
    (i) Section 140(a) of title 23, United States Code, is amended, in 
the third sentence, by inserting a comma after ``Secretary''.
    (j) Section 148(i)(2)(D) of title 23, United States Code, is 
amended by striking ``safety safety'' and inserting ``safety''.
    (k) Section 166(a)(1) of title 23, United States Code, is amended 
by striking the paragraph designation and heading and all that follows 
through ``A public authority'' and inserting the following:
            ``(1) Authority of public authorities.--A public 
        authority''.
    (l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is 
amended by striking ``(25 U.S.C. 450 et seq.)'' and inserting ``(25 
U.S.C. 5301 et seq.)''.
    (m) Section 202 of title 23, United States Code, is amended--
            (1) by striking ``(25 U.S.C. 450 et seq.)'' each place it 
        appears and inserting ``(25 U.S.C. 5301 et seq.)'';
            (2) in subsection (a)(10)(B), by striking ``(25 U.S.C. 
        450e(b))'' and inserting ``(25 U.S.C. 5307(b))''; and
            (3) in subsection (b)(5), in the matter preceding 
        subparagraph (A), by inserting ``the'' after ``agreement 
        under''.
    (n) Section 206(d)(2)(G) of title 23, United States Code, is 
amended by striking ``use of recreational trails'' and inserting ``uses 
of recreational trails''.
    (o) Section 207 of title 23, United States Code, is amended--
            (1) in subsection (g)--
                    (A) by striking ``(25 U.S.C. 450j-1)'' and 
                inserting ``(25 U.S.C. 5325)''; and
                    (B) by striking ``(25 U.S.C. 450j-1(f))'' and 
                inserting ``(25 U.S.C. 5325(f))'';
            (2) in subsection (l)--
                    (A) in paragraph (1), by striking ``(25 U.S.C. 
                458aaa-5)'' and inserting ``(25 U.S.C. 5386)'';
                    (B) in paragraph (2), by striking ``(25 U.S.C. 
                458aaa-6)'' and inserting ``(25 U.S.C. 5387)'';
                    (C) in paragraph (3), by striking ``(25 U.S.C. 
                458aaa-7)'' and inserting ``(25 U.S.C. 5388)'';
                    (D) in paragraph (4), by striking ``(25 U.S.C. 
                458aaa-9)'' and inserting ``(25 U.S.C. 5390)'';
                    (E) in paragraph (5), by striking ``(25 U.S.C. 
                458aaa-10)'' and inserting ``(25 U.S.C. 5391)'';
                    (F) in paragraph (6), by striking ``(25 U.S.C. 
                458aaa-11)'' and inserting ``(25 U.S.C. 5392)'';
                    (G) in paragraph (7), by striking ``(25 U.S.C. 
                458aaa-14)'' and inserting ``(25 U.S.C. 5395)'';
                    (H) in paragraph (8), by striking ``(25 U.S.C. 
                458aaa-15)'' and inserting ``(25 U.S.C. 5396)''; and
                    (I) in paragraph (9), by striking ``(25 U.S.C. 
                458aaa-17)'' and inserting ``(25 U.S.C. 5398)''; and
            (3) in subsection (m)(2)--
                    (A) by striking ``505'' and inserting ``501''; and
                    (B) by striking ``(25 U.S.C. 450b; 458aaa)'' and 
                inserting ``(25 U.S.C. 5304; 5381)''.
    (p) Section 217(d) of title 23, United States Code, is amended by 
striking ``104(b)(3)'' and inserting ``104(b)(4)''.
    (q) Section 323(d) of title 23, United States Code, is amended in 
the matter preceding paragraph (1), in the second sentence, by 
inserting ``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
    (r) Section 325 of title 23, United States Code, is repealed.
    (s) Section 504(g)(6) of title 23, United States Code, is amended 
by striking ``make grants or to'' and inserting ``make grants to''.
    (t) The analysis for chapter 3 of title 23, United States Code, is 
amended by striking the item relating to section 325.

SEC. 1526. WORKING GROUP ON COVERED RESOURCES.

    (a) Definitions.--In this section:
            (1) Covered resource.--The term ``covered resource'' means 
        a common variety material used in transportation infrastructure 
        construction and maintenance, including stone, sand, and 
        gravel.
            (2) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and each territory or 
        possession of the United States.
            (3) Working group.--The term ``Working Group'' means the 
        working group established under subsection (b).
    (b) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the Secretary shall establish a working group to 
conduct a study on access to covered resources for infrastructure 
projects.
    (c) Membership.--
            (1) Appointment.--The Secretary shall appoint to the 
        Working Group individuals with knowledge and expertise in the 
        production and transportation of covered resources.
            (2) Representation.--The Working Group shall include not 
        less than 1 representative of each of the following:
                    (A) State departments of transportation.
                    (B) State agencies associated with covered 
                resources protection.
                    (C) State planning and geologic survey and mapping 
                agencies.
                    (D) Commercial motor vehicle operators, including 
                small business operators and operators who transport 
                covered resources.
                    (E) Covered resources producers.
                    (F) Construction contractors.
                    (G) Labor organizations.
                    (H) Metropolitan planning organizations and 
                regional planning organizations.
                    (I) Indian Tribes, including Tribal elected 
                leadership or Tribal transportation officials.
                    (J) Any other stakeholders that the Secretary 
                determines appropriate.
            (3) Termination.--The Working Group shall terminate 180 
        days after the date on which the Secretary receives the report 
        under subsection (f)(1).
    (d) Duties.--In carrying out the study required under subsection 
(b), the Working Group shall analyze--
            (1) the use of covered resources in transportation projects 
        funded with Federal dollars;
            (2) how the proximity of covered resources to such projects 
        affects the cost and environmental impact of those projects;
            (3) whether and how State, Tribal, and local transportation 
        and planning agencies consider covered resources when 
        developing transportation projects; and
            (4) any challenges for transportation project sponsors 
        regarding access and proximity to covered resources.
    (e) Consultation.--In carrying out the study required under 
subsection (b), the Working Group shall consult with, as appropriate--
            (1) chief executive officers of States;
            (2) State, Tribal, and local transportation and planning 
        agencies;
            (3) other relevant State, Tribal, and local agencies, 
        including State agencies associated with covered resources 
        protection;
            (4) members of the public with industry experience with 
        respect to covered resources;
            (5) other Federal entities that provide funding for 
        transportation projects; and
            (6) any other stakeholder the Working Group determines 
        appropriate.
    (f) Reports.--
            (1) Working group report.--Not later than 2 years after the 
        date on which the Working Group is established, the Working 
        Group shall submit to the Secretary a report that includes--
                    (A) the findings of the study required under 
                subsection (b), including a summary of comments 
                received during the consultation process under 
                subsection (e); and
                    (B) any recommendations to preserve access to and 
                reduce the costs and environmental impacts of covered 
                resources for infrastructure projects.
            (2) Departmental report.--Not later than 90 days after the 
        date on which the Secretary receives the report under paragraph 
        (1), the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a summary of the findings under the report 
        and any recommendations, as appropriate.

SEC. 1527. BLOOD TRANSPORT VEHICLES.

    Section 166(b) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(6) Blood transport vehicles.--The public authority may 
        allow blood transport vehicles that are transporting blood 
        between a collection point and a hospital or storage center to 
        use the HOV facility if the public authority establishes 
        requirements for clearly identifying such vehicles.''.

SEC. 1528. POLLINATOR-FRIENDLY PRACTICES ON ROADSIDES AND HIGHWAY 
              RIGHTS-OF-WAY.

    (a) In General.--Chapter 3 of title 23, United States Code (as 
amended by section 1309(a)), is amended by adding at the end the 
following:
``Sec. 332. Pollinator-friendly practices on roadsides and highway 
              rights-of-way
    ``(a) In General.--The Secretary shall establish a program to 
provide grants to eligible entities to carry out activities to benefit 
pollinators on roadsides and highway rights-of-way, including the 
planting and seeding of native, locally-appropriate grasses and 
wildflowers, including milkweed.
    ``(b) Eligible Entities.--An entity eligible to receive a grant 
under this section is--
            ``(1) a State department of transportation;
            ``(2) an Indian tribe; or
            ``(3) a Federal land management agency.
    ``(c) Application.--To be eligible to receive a grant under this 
section, an eligible entity shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including a pollinator-
friendly practices plan described in subsection (d).
    ``(d) Pollinator-friendly Practices Plan.--
            ``(1) In general.--An eligible entity shall include in the 
        application under subsection (c) a plan that describes the 
        pollinator-friendly practices that the eligible entity has 
        implemented or plans to implement, including--
                    ``(A) practices relating to mowing strategies that 
                promote early successional vegetation and limit 
                disturbance during periods of highest use by target 
                pollinator species on roadsides and highway rights-of-
                way, such as--
                            ``(i) reducing the mowing swath outside of 
                        the State-designated safety zone;
                            ``(ii) increasing the mowing height;
                            ``(iii) reducing the mowing frequency;
                            ``(iv) refraining from mowing monarch and 
                        other pollinator habitat during periods in 
                        which monarchs or other pollinators are 
                        present;
                            ``(v) use of a flushing bar and cutting at 
                        reduced speeds to reduce pollinator deaths due 
                        to mowing; or
                            ``(vi) reducing raking along roadsides and 
                        highway rights-of-way;
                    ``(B) implementation of an integrated vegetation 
                management plan that includes approaches such as 
                mechanical tree and brush removal, targeted and 
                judicious use of herbicides, and mowing, to address 
                weed issues on roadsides and highway rights-of-way;
                    ``(C) planting or seeding of native, locally-
                appropriate grasses and wildflowers, including 
                milkweed, on roadsides and highway rights-of-way to 
                enhance pollinator habitat, including larval host 
                plants;
                    ``(D) removing nonnative grasses from planting and 
                seeding mixes, except for use as nurse or cover crops;
                    ``(E) obtaining expert training or assistance on 
                pollinator-friendly practices, including--
                            ``(i) native plant identification;
                            ``(ii) establishment and management of 
                        locally-appropriate native plants that benefit 
                        pollinators;
                            ``(iii) land management practices that 
                        benefit pollinators; and
                            ``(iv) pollinator-focused integrated 
                        vegetation management; or
                    ``(F) any other pollinator-friendly practices the 
                Secretary determines to be appropriate.
            ``(2) Coordination.--In developing a plan under paragraph 
        (1), an eligible entity that is a State department of 
        transportation or a Federal land management agency shall 
        coordinate with applicable State agencies, including State 
        agencies with jurisdiction over agriculture and fish and 
        wildlife.
            ``(3) Consultation.--In developing a plan under paragraph 
        (1)--
                    ``(A) an eligible entity that is a State department 
                of transportation or a Federal land management agency 
                shall consult with affected or interested Indian 
                tribes; and
                    ``(B) any eligible entity may consult with 
                nonprofit organizations, institutions of higher 
                education, metropolitan planning organizations, and any 
                other relevant entities.
    ``(e) Award of Grants.--
            ``(1) In general.--The Secretary shall provide a grant to 
        each eligible entity that submits an application under 
        subsection (c), including a plan under subsection (d), that the 
        Secretary determines to be satisfactory.
            ``(2) Amount of grants.--The amount of a grant under this 
        section--
                    ``(A) shall be based on the number of pollinator-
                friendly practices the eligible entity has implemented 
                or plans to implement; and
                    ``(B) shall not exceed $150,000.
    ``(f) Use of Funds.--An eligible entity that receives a grant under 
this section shall use the funds for the implementation, improvement, 
or further development of the plan under subsection (d).
    ``(g) Federal Share.--The Federal share of the cost of an activity 
carried out with a grant under this section shall be 100 percent.
    ``(h) Best Practices.--The Secretary shall develop and make 
available to eligible entities best practices for, and a priority 
ranking of, pollinator-friendly practices on roadsides and highway 
rights-of-way.
    ``(i) Technical Assistance.--On request of an eligible entity that 
receives a grant under this section, the Secretary shall provide 
technical assistance with the implementation, improvement, or further 
development of a plan under subsection (d).
    ``(j) Administrative Costs.--For each fiscal year, the Secretary 
may use not more than 2 percent of the amounts made available to carry 
out this section for the administrative costs of carrying out this 
section.
    ``(k) Report.--Not later than 1 year after the date on which the 
first grant is provided under this section, the Secretary shall submit 
to the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the implementation of the program under 
this section.
    ``(l) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $2,000,000 for each of fiscal years 
        2022 through 2026.
            ``(2) Availability.--Amounts made available under this 
        section shall remain available for a period of 3 years after 
        the last day of the fiscal year for which the funds are 
        authorized.''.
    (b) Clerical Amendment.--The analysis for chapter 3 of title 23, 
United States Code (as amended by section 1309(b)), is amended by 
adding at the end the following:

``332. Pollinator-friendly practices on roadsides and highway rights-
                            of-way.''.

SEC. 1529. ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT PROGRAM.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary shall carry out an active transportation infrastructure 
investment program to make grants, on a competitive basis, to eligible 
organizations to construct eligible projects to provide safe and 
connected active transportation facilities in an active transportation 
network or active transportation spine.
    (b) Application.--
            (1) In general.--To be eligible to receive a grant under 
        this section, an eligible organization shall submit to the 
        Secretary an application in such manner and containing such 
        information as the Secretary may require.
            (2) Eligible projects partially on federal land.--With 
        respect to an application for an eligible project that is 
        located in part on Federal land, an eligible organization shall 
        enter into a cooperative agreement with the appropriate Federal 
        agency with jurisdiction over such land to submit an 
        application described in paragraph (1).
    (c) Application Considerations.--In making a grant for construction 
of an active transportation network or active transportation spine 
under this section, the Secretary shall consider the following:
            (1) Whether the eligible organization submitted a plan for 
        an eligible project for the development of walking and 
        bicycling infrastructure that is likely to provide substantial 
        additional opportunities for walking and bicycling, including 
        effective plans--
                    (A) to create an active transportation network 
                connecting destinations within or between communities, 
                including schools, workplaces, residences, businesses, 
                recreation areas, and other community areas, or create 
                an active transportation spine connecting two or more 
                communities, metropolitan regions, or States; and
                    (B) to integrate active transportation facilities 
                with transit services, where available, to improve 
                access to public transportation.
            (2) Whether the eligible organization demonstrates broad 
        community support through--
                    (A) the use of public input in the development of 
                transportation plans; and
                    (B) the commitment of community leaders to the 
                success and timely implementation of an eligible 
                project.
            (3) Whether the eligible organization provides evidence of 
        commitment to traffic safety, regulations, financial 
        incentives, or community design policies that facilitate 
        significant increases in walking and bicycling.
            (4) The extent to which the eligible organization 
        demonstrates commitment of State, local, or eligible Federal 
        matching funds, and land or in-kind contributions, in addition 
        to the local match required under subsection (f)(1), unless the 
        applicant qualifies for an exception under subsection (f)(2).
            (5) The extent to which the eligible organization 
        demonstrates that the grant will address existing disparities 
        in bicyclist and pedestrian fatality rates based on race or 
        income level or provide access to jobs and services for low-
        income communities and communities of color.
            (6) Whether the eligible organization demonstrates how 
        investment in active transportation will advance safety for 
        pedestrians and cyclists, accessibility to jobs and key 
        destinations, economic competitiveness, environmental 
        protection, and quality of life.
    (d) Use of Funds.--
            (1) In general.--Of the amounts made available to carry out 
        this section and subject to paragraphs (2) and (3), the 
        Secretary shall obligate--
                    (A) not less than 30 percent to eligible projects 
                that construct active transportation networks that 
                connect people with public transportation, businesses, 
                workplaces, schools, residences, recreation areas, and 
                other community activity centers; and
                    (B) not less than 30 percent to eligible projects 
                that construct active transportation spines.
            (2) Planning and design grants.--Each fiscal year, the 
        Secretary shall set aside not less than $3,000,000 of the funds 
        made available to carry out this section to provide planning 
        grants for eligible organizations to develop plans for active 
        transportation networks and active transportation spines.
            (3) Administrative costs.--Each fiscal year, the Secretary 
        shall set aside not more than $2,000,000 of the funds made 
        available to carry out this section to cover the costs of 
        administration, research, technical assistance, communications, 
        and training activities under the program.
            (4) Limitation on statutory construction.--Nothing in this 
        subsection prohibits an eligible organization from receiving 
        research or other funds under title 23 or 49, United States 
        Code.
    (e) Grant Timing.--
            (1) Request for application.--Not later than 30 days after 
        funds are made available to carry out this section for a fiscal 
        year, the Secretary shall publish in the Federal Register a 
        request for applications for grants under this section for that 
        fiscal year.
            (2) Selection of grant recipients.--Not later than 150 days 
        after funds are made available to carry out this section for a 
        fiscal year, the Secretary shall select grant recipients of 
        grants under this section for that fiscal year.
    (f) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of an eligible project carried out 
        using a grant under this section shall not exceed 80 percent of 
        the total project cost.
            (2) Exception for disadvantaged communities.--For eligible 
        projects serving communities with a poverty rate of over 40 
        percent based on the majority of census tracts served by the 
        eligible project, the Secretary may increase the Federal share 
        of the cost of the eligible project up to 100 percent of the 
        total project cost.
    (g) Assistance to Indian Tribes.--In carrying out this section, the 
Secretary may enter into grant agreements, self-determination 
contracts, and self-governance compacts under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) 
with Indian tribes that are eligible organizations, and such 
agreements, contracts, and compacts shall be administered in accordance 
with that Act.
    (h) Reports.--
            (1) Interim report.--Not later than September 30, 2024, the 
        Secretary shall submit to Congress a report containing the 
        information described in paragraph (3).
            (2) Final report.--Not later than September 30, 2026, the 
        Secretary shall submit to Congress a report containing the 
        information described in paragraph (3).
            (3) Report information.--A report submitted under this 
        subsection shall contain the following, with respect to the 
        period covered by the applicable report:
                    (A) A list of grants made under this section.
                    (B) Best practices of eligible organizations that 
                receive grants under this section in implementing 
                eligible projects.
                    (C) Impediments experienced by eligible 
                organizations that receive grants under this section in 
                developing and shifting to active transportation.
    (i) Rule Required.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall issue a final rule that 
encourages the use of the programmatic categorical exclusion, expedited 
procurement techniques, and other best practices to facilitate 
productive and timely expenditures for eligible projects that are 
small, low-impact, and constructed within an existing built 
environment.
    (j) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out this section $200,000,000 for each 
        of fiscal years 2022 through 2026.
            (2) Availability.--The amounts made available to carry out 
        this section shall remain available until expended.
    (k) Definitions.--In this section:
            (1) Active transportation.--The term ``active 
        transportation'' means mobility options powered primarily by 
        human energy, including bicycling and walking.
            (2) Active transportation network.--The term ``active 
        transportation network'' means facilities built for active 
        transportation, including sidewalks, bikeways, and pedestrian 
        and bicycle trails, that connect between destinations within a 
        community or metropolitan region.
            (3) Active transportation spine.--The term ``active 
        transportation spine'' means facilities built for active 
        transportation, including sidewalks, bikeways, and pedestrian 
        and bicycle trails that connect between communities, 
        metropolitan regions, or States.
            (4) Community.--The term ``community'' means a geographic 
        area that is socioeconomically interdependent and may include 
        rural, suburban, and urban jurisdictions.
            (5) Eligible organization.--The term ``eligible 
        organization'' means--
                    (A) a local or regional governmental organization, 
                including a metropolitan planning organization or 
                regional planning organization or council;
                    (B) a multicounty special district;
                    (C) a State;
                    (D) a multistate group of governments; or
                    (E) an Indian tribe.
            (6) Eligible project.--The term ``eligible project'' means 
        an active transportation project or group of projects--
                    (A) within or between a community or group of 
                communities, at least one of which falls within the 
                jurisdiction of an eligible organization, which has 
                submitted an application under this section; and
                    (B) that has--
                            (i) a total cost of not less than 
                        $15,000,000; or
                            (ii) with respect to planning and design 
                        grants, planning and design costs of not less 
                        than $100,000.
            (7) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (8) Total project cost.--The term ``total project cost'' 
        means the sum total of all costs incurred in the development of 
        an eligible project that are approved by the Secretary as 
        reasonable and necessary, including--
                    (A) the cost of acquiring real property;
                    (B) the cost of site preparation, demolition, and 
                development;
                    (C) expenses related to the issuance of bonds or 
                notes;
                    (D) fees in connection with the planning, 
                execution, and financing of the eligible project;
                    (E) the cost of studies, surveys, plans, permits, 
                insurance, interest, financing, tax, and assessments;
                    (F) the cost of construction, rehabilitation, 
                reconstruction, and equipping the eligible project;
                    (G) the cost of land improvements;
                    (H) contractor fees;
                    (I) the cost of training and education related to 
                the safety of users of any bicycle or pedestrian 
                network or spine constructed as part of an eligible 
                project; and
                    (J) any other cost that the Secretary determines is 
                necessary and reasonable.

     TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 
              1998 AMENDMENTS.

    (a) Definitions.--Section 601(a) of title 23, United States Code, 
is amended--
            (1) in subparagraph (E) of paragraph (10), by striking ``3 
        years'' and inserting ``5 years''; and
            (2) in paragraph (12)--
                    (A) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) a project to improve or construct public 
                infrastructure--
                            ``(i) that--
                                    ``(I) is located within walking 
                                distance of, and accessible to, a fixed 
                                guideway transit facility, passenger 
                                rail station, intercity bus station, or 
                                intermodal facility, including a 
                                transportation, public utility, or 
                                capital project described in section 
                                5302(3)(G)(v) of title 49, and related 
                                infrastructure; or
                                    ``(II) is a project for economic 
                                development, including commercial and 
                                residential development, and related 
                                infrastructure and activities--
                                            ``(aa) that incorporates 
                                        private investment;
                                            ``(bb) that is physically 
                                        or functionally related to a 
                                        passenger rail station or 
                                        multimodal station that 
                                        includes rail service;
                                            ``(cc) for which the 
                                        project sponsor has a high 
                                        probability of commencing the 
                                        contracting process for 
                                        construction by not later than 
                                        90 days after the date on which 
                                        credit assistance under the 
                                        TIFIA program is provided for 
                                        the project; and
                                            ``(dd) that has a high 
                                        probability of reducing the 
                                        need for financial assistance 
                                        under any other Federal program 
                                        for the relevant passenger rail 
                                        station or service by 
                                        increasing ridership, tenant 
                                        lease payments, or other 
                                        activities that generate 
                                        revenue exceeding costs; and
                            ``(ii) for which, by not later than 
                        September 30, 2026, the Secretary has--
                                    ``(I) received a letter of 
                                interest; and
                                    ``(II) determined that the project 
                                is eligible for assistance;'';
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(G) an eligible airport-related project (as 
                defined in section 40117(a) of title 49) for which, not 
                later than September 30, 2025, the Secretary has--
                            ``(i) received a letter of interest; and
                            ``(ii) determined that the project is 
                        eligible for assistance; and
                    ``(H) a project for the acquisition of plant and 
                wildlife habitat pursuant to a conservation plan that--
                            ``(i) has been approved by the Secretary of 
                        the Interior pursuant to section 10 of the 
                        Endangered Species Act of 1973 (16 U.S.C. 
                        1539); and
                            ``(ii) in the judgment of the Secretary, 
                        would mitigate the environmental impacts of 
                        transportation infrastructure projects 
                        otherwise eligible for assistance under this 
                        title.''.
    (b) Eligibility.--Section 602(a)(2) of title 23, United States 
Code, is amended--
            (1) in subparagraph (A)(iv)--
                    (A) by striking ``a rating'' and inserting ``an 
                investment-grade rating''; and
                    (B) by striking ``$75,000,000'' and inserting 
                ``$150,000,000''; and
            (2) in subparagraph (B)--
                    (A) by striking ``the senior debt'' and inserting 
                ``senior debt''; and
                    (B) by striking ``credit instrument is for an 
                amount less than $75,000,000'' and inserting ``total 
                amount of other senior debt and the Federal credit 
                instrument is less than $150,000,000''.
    (c) Federal Requirements.--Section 602(c)(1) of title 23, United 
States Code, is amended in the matter preceding subparagraph (A) by 
striking ``and the requirements of section 5333(a) of title 49 for rail 
projects,'' and inserting ``the requirements of section 5333(a) of 
title 49 for rail projects, and the requirements of sections 47112(b) 
and 50101 of title 49 for airport-related projects,''.
    (d) Processing Timelines.--Section 602(d) of title 23, United 
States Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively;
            (2) in paragraph (3) (as so redesignated), by striking 
        ``paragraph (1)'' and inserting ``paragraph (2)''; and
            (3) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) Processing timelines.--Except in the case of an 
        application described in subsection (a)(8) and to the maximum 
        extent practicable, the Secretary shall provide an applicant 
        with a specific estimate of the timeline for the approval or 
        disapproval of the application of the applicant, which, to the 
        maximum extent practicable, the Secretary shall endeavor to 
        complete by not later than 150 days after the date on which the 
        applicant submits a letter of interest to the Secretary.''.
    (e) Maturity Date of Certain Secured Loans.--Section 603(b)(5) of 
title 23, United States Code, is amended--
            (1) in subparagraph (A), in the matter preceding clause 
        (i), by striking ``subparagraph (B)'' and inserting 
        ``subparagraphs (B) and (C)''; and
            (2) by adding at the end the following:
                    ``(C) Long lived assets.--In the case of a capital 
                asset with an estimated life of more than 50 years, the 
                final maturity date of the secured loan shall be the 
                lesser of--
                            ``(i) 75 years after the date of 
                        substantial completion of the project; or
                            ``(ii) 75 percent of the estimated useful 
                        life of the capital asset.''.
    (f) Secured Loans.--Section 603(c)(4)(A) of title 23, United States 
Code, is amended--
            (1) by striking ``Any excess'' and inserting the following:
                            ``(i) In general.--Except as provided in 
                        clause (ii), any excess''; and
            (2) by adding at the end the following:
                            ``(ii) Certain applicants.--In the case of 
                        a secured loan or other secured Federal credit 
                        instrument provided after the date of enactment 
                        of the Surface Transportation Reauthorization 
                        Act of 2021, if the obligor is a governmental 
                        entity, agency, or instrumentality, the obligor 
                        shall not be required to prepay the secured 
                        loan or other secured Federal credit instrument 
                        with any excess revenues described in clause 
                        (i) if the obligor enters into an agreement to 
                        use those excess revenues only for purposes 
                        authorized under this title or title 49.''.
    (g) Technical Amendment.--Section 602(e) of title 23, United States 
Code, is amended by striking ``section 601(a)(1)(A)'' and inserting 
``section 601(a)(2)(A)''.
    (h) Streamlined Application Process.--Section 603(f) of title 23, 
United States Code, is amended by adding at the end the following:
            ``(3) Additional terms for expedited decisions.--
                    ``(A) In general.--Not later than 120 days after 
                the date of enactment of this paragraph, the Secretary 
                shall implement an expedited decision timeline for 
                public agency borrowers seeking secured loans that 
                meet--
                            ``(i) the terms under paragraph (2); and
                            ``(ii) the additional criteria described in 
                        subparagraph (B).
                    ``(B) Additional criteria.--The additional criteria 
                referred to in subparagraph (A)(ii) are the following:
                            ``(i) The secured loan is made on terms and 
                        conditions that substantially conform to the 
                        conventional terms and conditions established 
                        by the National Surface Transportation 
                        Innovative Finance Bureau.
                            ``(ii) The secured loan is rated in the A 
                        category or higher.
                            ``(iii) The TIFIA program share of eligible 
                        project costs is 33 percent or less.
                            ``(iv) The applicant demonstrates a 
                        reasonable expectation that the contracting 
                        process for the project can commence by not 
                        later than 90 days after the date on which a 
                        Federal credit instrument is obligated for the 
                        project under the TIFIA program.
                            ``(v) The project has received a 
                        categorical exclusion, a finding of no 
                        significant impact, or a record of decision 
                        under the National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.).
                    ``(C) Written notice.--The Secretary shall provide 
                to an applicant seeking a secured loan under the 
                expedited decision process under this paragraph a 
                written notice informing the applicant whether the 
                Secretary has approved or disapproved the application 
                by not later than 180 days after the date on which the 
                Secretary submits to the applicant a letter indicating 
                that the National Surface Transportation Innovative 
                Finance Bureau has commenced the creditworthiness 
                review of the project.''.
    (i) Funding.--
            (1) In general.--Section 608(a) of title 23, United States 
        Code, is amended--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively;
                    (B) by inserting after paragraph (3) the following:
            ``(4) Limitation for certain projects.--
                    ``(A) Transit-oriented development projects.--For 
                each fiscal year, the Secretary may use to carry out 
                projects described in section 601(a)(12)(E) not more 
                than 15 percent of the amounts made available to carry 
                out the TIFIA program for that fiscal year.
                    ``(B) Airport-related projects.--The Secretary may 
                use to carry out projects described in section 
                601(a)(12)(G)--
                            ``(i) for each fiscal year, not more than 
                        15 percent of the amounts made available to 
                        carry out the TIFIA program under the Surface 
                        Transportation Reauthorization Act of 2021 for 
                        that fiscal year; and
                            ``(ii) for the period of fiscal years 2022 
                        through 2026, not more than 15 percent of the 
                        unobligated carryover balances (as of October 
                        1, 2021).''; and
                    (C) by striking paragraph (6) (as so redesignated) 
                and inserting the following:
            ``(6) Administrative costs.--Of the amounts made available 
        to carry out the TIFIA program, the Secretary may use not more 
        than $10,000,000 for each of fiscal years 2022 through 2026 for 
        the administration of the TIFIA program.''.
            (2) Conforming amendment.--Section 605(f)(1) of title 23, 
        United States Code, is amended by striking ``section 
        608(a)(5)'' and inserting ``section 608(a)(6)''.
    (j) Status Reports.--Section 609 of title 23, United States Code, 
is amended by adding at the end the following:
    ``(c) Status Reports.--
            ``(1) In general.--The Secretary shall publish on the 
        website for the TIFIA program--
                    ``(A) on a monthly basis, a current status report 
                on all submitted letters of interest and applications 
                received for assistance under the TIFIA program; and
                    ``(B) on a quarterly basis, a current status report 
                on all approved applications for assistance under the 
                TIFIA program.
            ``(2) Inclusions.--Each monthly and quarterly status report 
        under paragraph (1) shall include, at a minimum, with respect 
        to each project included in the status report--
                    ``(A) the name of the party submitting the letter 
                of interest or application;
                    ``(B) the name of the project;
                    ``(C) the date on which the letter of interest or 
                application was received;
                    ``(D) the estimated project eligible costs;
                    ``(E) the type of credit assistance sought; and
                    ``(F) the anticipated fiscal year and quarter for 
                closing of the credit assistance.''.
    (k) State Infrastructure Bank Program.--Section 610 of title 23, 
United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)(A), by striking ``fiscal years 
                2016 through 2020'' and inserting ``fiscal years 2022 
                through 2026'';
                    (B) in paragraph (2), by striking ``fiscal years 
                2016 through 2020'' and inserting ``fiscal years 2022 
                through 2026''; and
                    (C) in paragraph (3), by striking ``fiscal years 
                2016 through 2020'' and inserting ``fiscal years 2022 
                through 2026''; and
            (2) in subsection (k), by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2022 through 
        2026''.
    (l) Report.--Not later than September 30, 2025, the Secretary shall 
submit to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a report on the impact of the amendment relating to 
airport-related projects under subsection (a)(2)(C) and subsection 
(i)(1)(B), including--
            (1) information on the use of TIFIA program (as defined in 
        section 601(a) of title 23, United States Code) funds for 
        eligible airport-related projects (as defined in section 
        40117(a) of title 49, United States Code); and
            (2) recommendations for modifications to the TIFIA program.

             TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION

SEC. 3001. STRATEGIC INNOVATION FOR REVENUE COLLECTION.

    (a) In General.--The Secretary shall establish a program to test 
the feasibility of a road usage fee and other user-based alternative 
revenue mechanisms (referred to in this section as ``user-based 
alternative revenue mechanisms'') to help maintain the long-term 
solvency of the Highway Trust Fund, through pilot projects at the 
State, local, and regional level.
    (b) Grants.--
            (1) In general.--The Secretary shall provide grants to 
        eligible entities to carry out pilot projects under this 
        section.
            (2) Applications.--To be eligible for a grant under this 
        section, an eligible entity shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            (3) Objectives.--The Secretary shall ensure that, in the 
        aggregate, the pilot projects carried out using funds provided 
        under this section meet the following objectives:
                    (A) To test the design, acceptance, equity, and 
                implementation of user-based alternative revenue 
                mechanisms, including among--
                            (i) differing income groups; and
                            (ii) rural and urban drivers, as 
                        applicable.
                    (B) To provide recommendations regarding adoption 
                and implementation of user-based alternative revenue 
                mechanisms.
                    (C) To quantify and minimize the administrative 
                costs of any potential user-based alternative revenue 
                mechanisms.
                    (D) To test a variety of solutions, including the 
                use of independent and private third-party vendors, for 
                the collection of data and fees from user-based 
                alternative revenue mechanisms, including the 
                reliability and security of those solutions and 
                vendors.
                    (E) To test solutions to ensure the privacy and 
                security of data collected for the purpose of 
                implementing a user-based alternative revenue 
                mechanism.
                    (F) To conduct public education and outreach to 
                increase public awareness regarding the need for user-
                based alternative revenue mechanisms for surface 
                transportation programs.
                    (G) To evaluate the ease of compliance and 
                enforcement of a variety of implementation approaches 
                for different users of the surface transportation 
                system.
                    (H) To ensure, to the greatest extent practicable, 
                the use of innovation.
                    (I) To consider, to the greatest extent 
                practicable, the potential for revenue collection along 
                a network of alternative fueling stations.
                    (J) To evaluate the impacts of the imposition of a 
                user-based alternative revenue mechanism on--
                            (i) transportation revenues;
                            (ii) personal mobility, driving patterns, 
                        congestion, and transportation costs; and
                            (iii) freight movement and costs.
                    (K) To evaluate options for the integration of a 
                user-based alternative revenue mechanism with--
                            (i) nationwide transportation revenue 
                        collections and regulations;
                            (ii) toll revenue collection platforms;
                            (iii) transportation network company fees; 
                        and
                            (iv) any other relevant transportation 
                        revenue mechanisms.
            (4) Eligible entity.--An entity eligible to apply for a 
        grant under this section is--
                    (A) a State or a group of States;
                    (B) a local government or a group of local 
                governments; or
                    (C) a metropolitan planning organization (as 
                defined in section 134(b) of title 23, United States 
                Code) or a group of metropolitan planning 
                organizations.
            (5) Use of funds.--An eligible entity that receives a grant 
        under this section shall use the grant to carry out a pilot 
        project to address 1 or more of the objectives described in 
        paragraph (3).
            (6) Consideration.--The Secretary shall consider geographic 
        diversity in awarding grants under this subsection.
            (7) Federal share.--The Federal share of the cost of a 
        pilot project carried out under this section may not exceed--
                    (A) 80 percent of the total cost of a project 
                carried out by an eligible entity that has not 
                otherwise received a grant under this section; and
                    (B) 70 percent of the total cost of a project 
                carried out by an eligible entity that has received at 
                least 1 grant under this section.
    (c) Limitation on Revenue Collected.--Any revenue collected through 
a user-based alternative revenue mechanism established using funds 
provided under this section shall not be considered a toll under 
section 301 of title 23, United States Code.
    (d) Recommendations and Report.--Not later than 3 years after the 
date of enactment of this Act, the Secretary, in coordination with the 
Secretary of the Treasury and the Federal System Funding Alternative 
Advisory Board established under section 3002(g)(1), shall submit to 
the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that--
            (1) summarizes the results of the pilot projects under this 
        section and the national pilot program under section 3002; and
            (2) provides recommendations, if applicable, to enable 
        potential implementation of a nationwide user-based alternative 
        revenue mechanism.
    (e) Funding.--
            (1) In general.--Of the funds made available to carry out 
        section 503(b) of title 23, United States Code, for each of 
        fiscal years 2022 through 2026 $15,000,000 shall be used for 
        pilot projects under this section.
            (2) Flexibility.--If, by August 1 of each fiscal year, the 
        Secretary determines that there are not enough grant 
        applications to meet the requirements of this section for that 
        fiscal year, the Secretary shall transfer to the national pilot 
        program under section 3002 or to the highway research and 
        development program under section 503(b) of title 23, United 
        States Code--
                    (A) any funds reserved for a fiscal year under 
                paragraph (1) that the Secretary has not yet awarded 
                under this section; and
                    (B) an amount of obligation limitation equal to the 
                amount of funds that the Secretary transfers under 
                subparagraph (A).
    (f) Repeal.--
            (1) In general.--Section 6020 of the FAST Act (23 U.S.C. 
        503 note; Public Law 114-94) is repealed.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of the FAST Act (Public Law 114-94; 129 Stat. 1312) is 
        amended by striking the item relating to section 6020.

SEC. 3002. NATIONAL MOTOR VEHICLE PER-MILE USER FEE PILOT.

    (a) Definitions.--In this section:
            (1) Advisory board.--The term ``advisory board'' means the 
        Federal System Funding Alternative Advisory Board established 
        under subsection (g)(1).
            (2) Commercial vehicle.--The term ``commercial vehicle'' 
        has the meaning given the term commercial motor vehicle in 
        section 31101 of title 49, United States Code.
            (3) Highway trust fund.--The term ``Highway Trust Fund'' 
        means the Highway Trust Fund established under section 9503 of 
        the Internal Revenue Code of 1986.
            (4) Light truck.--The term ``light truck'' has the meaning 
        given the term in section 523.2 of title 49, Code of Federal 
        Regulations (or successor regulations).
            (5) Medium- and heavy-duty truck.--The term ``medium- and 
        heavy-duty truck'' has the meaning given the term ``commercial 
        medium- and heavy-duty on-highway vehicle'' in section 32901(a) 
        of title 49, United States Code.
            (6) Passenger motor vehicle.--The term ``passenger motor 
        vehicle'' has the meaning given the term in section 32101 of 
        title 49, United States Code.
            (7) Per-mile user fee.--The term ``per-mile user fee'' 
        means a revenue mechanism that--
                    (A) is applied to road users operating motor 
                vehicles on the surface transportation system; and
                    (B) is based on the number of vehicle miles 
                traveled by an individual road user.
            (8) Pilot program.--The term ``pilot program'' means the 
        pilot program established under subsection (b)(1).
            (9) Volunteer participant.--The term ``volunteer 
        participant'' means--
                    (A) an owner or lessee of a private, personal motor 
                vehicle who volunteers to participate in the pilot 
                program;
                    (B) a commercial vehicle operator who volunteers to 
                participate in the pilot program; or
                    (C) an owner of a motor vehicle fleet who 
                volunteers to participate in the pilot program.
    (b) Establishment.--
            (1) In general.--The Secretary, in coordination with the 
        Secretary of the Treasury, and consistent with the 
        recommendations of the advisory board, shall establish a pilot 
        program to demonstrate a national motor vehicle per-mile user 
        fee--
                    (A) to restore and maintain the long-term solvency 
                of the Highway Trust Fund; and
                    (B) to improve and maintain the surface 
                transportation system.
            (2) Objectives.--The objectives of the pilot program are--
                    (A) to test the design, acceptance, implementation, 
                and financial sustainability of a national motor 
                vehicle per-mile user fee;
                    (B) to address the need for additional revenue for 
                surface transportation infrastructure and a national 
                motor vehicle per-mile user fee; and
                    (C) to provide recommendations relating to the 
                adoption and implementation of a national motor vehicle 
                per-mile user fee.
    (c) Parameters.--In carrying out the pilot program, the Secretary, 
in coordination with the Secretary of the Treasury, shall--
            (1) provide different methods that volunteer participants 
        can choose from to track motor vehicle miles traveled;
            (2) solicit volunteer participants from all 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico;
            (3) ensure an equitable geographic distribution by 
        population among volunteer participants;
            (4) include commercial vehicles and passenger motor 
        vehicles; and
            (5) use components of and, where appropriate, coordinate 
        with--
                    (A) the States that received a grant under section 
                6020 of the FAST Act (23 U.S.C. 503 note; Public Law 
                114-94) (as in effect on the day before the date of 
                enactment of this Act); and
                    (B) eligible entities that received a grant under 
                section 3001.
    (d) Methods.--
            (1) Tools.--In selecting the methods described in 
        subsection (c)(1), the Secretary shall coordinate with entities 
        that voluntarily provide to the Secretary for use under the 
        pilot program any of the following vehicle-miles-traveled 
        collection tools:
                    (A) Third-party on-board diagnostic (OBD-II) 
                devices.
                    (B) Smart phone applications.
                    (C) Telemetric data collected by automakers.
                    (D) Motor vehicle data obtained by car insurance 
                companies.
                    (E) Data from the States that received a grant 
                under section 6020 of the FAST Act (23 U.S.C. 503 note; 
                Public Law 114-94) (as in effect on the day before the 
                date of enactment of this Act).
                    (F) Motor vehicle data obtained from fueling 
                stations.
                    (G) Any other method that the Secretary considers 
                appropriate.
            (2) Coordination.--
                    (A) Selection.--The Secretary shall determine which 
                collection tools under paragraph (1) are selected for 
                the pilot program.
                    (B) Volunteer participants.--In a manner that the 
                Secretary considers appropriate, the Secretary shall 
                enable each volunteer participant to choose 1 of the 
                selected collection tools under paragraph (1).
    (e) Motor Vehicle Per-mile User Fees.--For the purposes of the 
pilot program, the Secretary of the Treasury shall establish, on an 
annual basis, per-mile user fees for passenger motor vehicles, light 
trucks, and medium- and heavy-duty trucks, which amount may vary 
between vehicle types and weight classes to reflect estimated impacts 
on infrastructure, safety, congestion, the environment, or other 
related social impacts.
    (f) Volunteer Participants.--The Secretary, in coordination with 
the Secretary of the Treasury, shall--
            (1)(A) ensure, to the extent practicable, that the greatest 
        number of volunteer participants participate in the pilot 
        program; and
            (B) ensure that such volunteer participants represent 
        geographically diverse regions of the United States, including 
        from urban and rural areas; and
            (2) issue policies relating to the protection of volunteer 
        participants, including policies that--
                    (A) protect the privacy of volunteer participants; 
                and
                    (B) secure the data provided by volunteer 
                participants.
    (g) Federal System Funding Alternative Advisory Board.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall establish an 
        advisory board, to be known as the ``Federal System Funding 
        Alternative Advisory Board'', to assist with--
                    (A) providing the Secretary with recommendations 
                related to the structure, scope, and methodology for 
                developing and implementing the pilot program;
                    (B) carrying out the public awareness campaign 
                under subsection (h); and
                    (C) developing the report under subsection (n).
            (2) Membership.--The advisory board shall include, at a 
        minimum, the following representatives and entities, to be 
        appointed by the Secretary:
                    (A) State departments of transportation.
                    (B) Any public or nonprofit entity that led a 
                surface transportation system funding alternatives 
                pilot project under section 6020 of the FAST Act (23 
                U.S.C. 503 note; Public Law 114-94) (as in effect on 
                the day before the date of enactment of this Act).
                    (C) Representatives of the trucking industry, 
                including owner-operator independent drivers.
                    (D) Data security experts with expertise in 
                personal privacy.
                    (E) Academic experts on surface transportation 
                systems.
                    (F) Consumer advocates, including privacy experts.
                    (G) Advocacy groups focused on equity.
                    (H) Owners of motor vehicle fleets.
                    (I) Owners and operators of toll facilities.
                    (J) Tribal groups or representatives.
                    (K) Any other representatives or entities, as 
                determined appropriate by the Secretary.
            (3) Recommendations.--Not later than 1 year after the date 
        on which the advisory board is established under paragraph (1), 
        the advisory board shall provide the Secretary with the 
        recommendations described in subparagraph (A) of that 
        paragraph, which the Secretary shall use in implementing the 
        pilot program.
    (h) Public Awareness Campaign.--
            (1) In general.--The Secretary, with guidance from the 
        advisory board, may carry out a public awareness campaign to 
        increase public awareness regarding a national motor vehicle 
        per-mile user fee, including distributing information--
                    (A) related to the pilot program;
                    (B) from the State surface transportation system 
                funding alternatives pilot program under section 6020 
                of the FAST Act (23 U.S.C. 503 note; Public Law 114-94) 
                (as in effect on the day before the date of enactment 
                of this Act); and
                    (C) related to consumer privacy.
            (2) Considerations.--In carrying out the public awareness 
        campaign under this subsection, the Secretary shall consider 
        issues unique to each State.
    (i) Revenue Collection.--The Secretary of the Treasury, in 
coordination with the Secretary, shall establish a mechanism to collect 
motor vehicle per-mile user fees established under subsection (e) from 
volunteer participants, which--
            (1) may be adjusted as needed to address technical 
        challenges; and
            (2) may allow independent and private third-party vendors 
        to collect the motor vehicle per-mile user fees and forward 
        such fees to the Treasury.
    (j) Agreement.--The Secretary may enter into an agreement with a 
volunteer participant containing such terms and conditions as the 
Secretary considers necessary for participation in the pilot program.
    (k) Limitation.--Any revenue collected through the mechanism 
established under subsection (i) shall not be considered a toll under 
section 301 of title 23, United States Code.
    (l) Highway Trust Fund.--The Secretary of the Treasury shall ensure 
that any revenue collected under subsection (i) is deposited into the 
Highway Trust Fund.
    (m) Refund.--Not more than 45 days after the end of each calendar 
quarter in which a volunteer participant has participated in the pilot 
program, the Secretary of the Treasury shall calculate and issue an 
equivalent refund to such volunteer participant for applicable Federal 
motor fuel taxes under section 4041 and section 4081 of the Internal 
Revenue Code of 1986.
    (n) Report to Congress.--Not later than 1 year after the date on 
which volunteer participants begin participating in the pilot program, 
and each year thereafter for the duration of the pilot program, the 
Secretary and the Secretary of the Treasury shall submit to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that includes an analysis of--
            (1) whether the objectives described in subsection (b)(2) 
        were achieved;
            (2) how volunteer participant protections in subsection 
        (f)(2) were complied with;
            (3) whether motor vehicle per-mile user fees can maintain 
        the long-term solvency of the Highway Trust Fund and improve 
        and maintain the surface transportation system, which shall 
        include estimates of administrative costs related to collecting 
        such motor vehicle per mile user fees;
            (4) how the privacy of volunteers was maintained; and
            (5) equity impacts of the pilot program, including the 
        impacts of the pilot program on low-income commuters.
    (o) Funding.--
            (1) In general.--Of the funds made available to carry out 
        section 503(b) of title 23, United States Code, for each of 
        fiscal years 2022 through 2026 $10,000,000 shall be used to 
        carry out the pilot program under this section.
            (2) Excess funds.--Any excess funds remaining after 
        carrying out the pilot program under this section shall be 
        available to make grants for pilot projects under section 3001.

SEC. 3003. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.

    Section 6028(c) of the FAST Act (23 U.S.C. 150 note; Public Law 
114-94) is amended by striking ``fiscal years 2016 through 2020'' and 
inserting ``fiscal years 2022 through 2026''.

SEC. 3004. DATA INTEGRATION PILOT PROGRAM.

    (a) Establishment.--The Secretary shall establish a pilot program--
            (1) to provide research and develop models that integrate, 
        in near-real-time, data from multiple sources, including 
        geolocated--
                    (A) weather conditions;
                    (B) roadway conditions;
                    (C) incidents, work zones, and other nonrecurring 
                events related to emergency planning; and
                    (D) information from emergency responders; and
            (2) to facilitate data integration between the Department, 
        the National Weather Service, and other sources of data that 
        provide real-time data with respect to roadway conditions 
        during or as a result of severe weather events, including, at a 
        minimum--
                    (A) winter weather;
                    (B) heavy rainfall; and
                    (C) tropical weather events.
    (b) Requirements.--In carrying out subsection (a)(1), the Secretary 
shall--
            (1) address the safety, resiliency, and vulnerability of 
        the transportation system to disasters; and
            (2) develop tools for decisionmakers and other end-users 
        who could use or benefit from the integrated data described in 
        that subsection to improve public safety and mobility.
    (c) Treatment.--Except as otherwise provided in this section, the 
Secretary shall carry out activities under the pilot program under this 
section as if--
            (1) those activities were authorized under chapter 5 of 
        title 23, United States Code; and
            (2) the funds made available to carry out the pilot program 
        were made available under that chapter.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,500,000 for each of fiscal 
years 2022 through 2026, to remain available until expended.

SEC. 3005. EMERGING TECHNOLOGY RESEARCH PILOT PROGRAM.

    (a) Establishment.--The Secretary shall establish a pilot program 
to conduct emerging technology research in accordance with this 
section.
    (b) Activities.--The pilot program under this section shall 
include--
            (1) research and development activities relating to 
        leveraging advanced and additive manufacturing technologies to 
        increase the structural integrity and cost-effectiveness of 
        surface transportation infrastructure; and
            (2) research and development activities (including 
        laboratory and test track supported accelerated pavement 
        testing research regarding the impacts of connected, 
        autonomous, and platooned vehicles on pavement and 
        infrastructure performance)--
                    (A) to reduce the impact of automated and connected 
                driving systems and advanced driver-assistance systems 
                on pavement and infrastructure performance; and
                    (B) to improve transportation infrastructure design 
                in anticipation of increased usage of automated driving 
                systems and advanced driver-assistance systems.
    (c) Treatment.--Except as otherwise provided in this section, the 
Secretary shall carry out activities under the pilot program under this 
section as if--
            (1) those activities were authorized under chapter 5 of 
        title 23, United States Code; and
            (2) the funds made available to carry out the pilot program 
        were made available under that chapter.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2022 through 2026, to remain available until expended.

SEC. 3006. RESEARCH AND TECHNOLOGY DEVELOPMENT AND DEPLOYMENT.

    (a) In General.--Section 503 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(2), by striking ``section 508'' and 
        inserting ``section 6503 of title 49'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (D), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following:
                    ``(E) engage with public and private entities to 
                spur advancement of emerging transformative innovations 
                through accelerated market readiness; and
                    ``(F) consult frequently with public and private 
                entities on new transportation technologies.'';
                    (B) in paragraph (2)(C)--
                            (i) by redesignating clauses (x) through 
                        (xv) as clauses (xi) through (xvi), 
                        respectively; and
                            (ii) by inserting after clause (ix) the 
                        following:
                            ``(x) safety measures to reduce the number 
                        of wildlife-vehicle collisions;'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (B)(viii), by inserting 
                        ``weather'' after ``extreme''; and
                            (ii) in subparagraph (C)--
                                    (I) in clause (xv), by inserting 
                                ``extreme weather events and'' after 
                                ``withstand'';
                                    (II) in clause (xviii), by striking 
                                ``and'' at the end;
                                    (III) in clause (xix), by striking 
                                the period at the end and inserting ``; 
                                and''; and
                                    (IV) by adding at the end the 
                                following:
                            ``(xx) studies on the deployment and 
                        revenue potential of the deployment of energy 
                        and broadband infrastructure in highway rights-
                        of-way, including potential adverse impacts of 
                        the use or nonuse of those rights-of-way.'';
                    (D) in paragraph (6)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(C) to support research on non-market-ready 
                technologies in consultation with public and private 
                entities.'';
                    (E) in paragraph (7)(B)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``innovations by leading'' after 
                        ``support'';
                            (ii) in clause (iii), by striking ``and'' 
                        at the end;
                            (iii) in clause (iv), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                            ``(v) the evaluation of information from 
                        accelerated market readiness efforts, including 
                        non-market-ready technologies, in consultation 
                        with other offices of the Federal Highway 
                        Administration and key partners.'';
                    (F) in paragraph (8)(A), by striking ``future 
                highway'' and all that follows through ``needs.'' and 
                inserting the following: ``current conditions and 
                future needs of highways, bridges, and tunnels of the 
                United States, including--
                            ``(i) the conditions and performance of the 
                        highway network for freight movement;
                            ``(ii) intelligent transportation systems;
                            ``(iii) resilience needs; and
                            ``(iv) the backlog of current highway, 
                        bridge, and tunnel needs.''; and
                    (G) by adding at the end the following:
            ``(9) Analysis tools.--The Secretary may develop 
        interactive modeling tools and databases that--
                    ``(A) track the full condition of highway assets, 
                including interchanges, and the reconstruction history 
                of those assets;
                    ``(B) can be used to assess transportation options;
                    ``(C) allow for the monitoring and modeling of 
                network-level traffic flows on highways; and
                    ``(D) further Federal and State understanding of 
                the importance of national and regional connectivity 
                and the need for long-distance and interregional 
                passenger and freight travel by highway and other 
                surface transportation modes.''; and
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``use of rights-of-way 
                        permissible under applicable law,'' after 
                        ``structures,'';
                            (ii) in subparagraph (D), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (E), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(F) disseminating and evaluating information from 
                accelerated market readiness efforts, including non-
                market-ready technologies, to public and private 
                entities.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (B)(iii), by striking 
                        ``improved tools and methods to accelerate the 
                        adoption'' and inserting ``and deploy improved 
                        tools and methods to accelerate the adoption of 
                        early-stage and proven innovative practices and 
                        technologies and, as the Secretary determines 
                        to be appropriate, support continued 
                        implementation''; and
                            (ii) by adding at the end the following:
                    ``(D) Report.--Not later than 2 years after the 
                date of enactment of this subparagraph and every 2 
                years thereafter, the Secretary shall submit to the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives and make publicly 
                available on an internet website a report that 
                describes--
                            ``(i) the activities the Secretary has 
                        undertaken to carry out the program established 
                        under paragraph (1); and
                            ``(ii) how and to what extent the Secretary 
                        has worked to disseminate non-market-ready 
                        technologies to public and private entities.'';
                    (C) in paragraph (3)--
                            (i) by redesignating subparagraphs (C) and 
                        (D) as subparagraphs (D) and (E), respectively;
                            (ii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) High-friction surface treatment application 
                study.--
                            ``(i) Definition of institution.--In this 
                        subparagraph, the term `institution' means a 
                        private sector entity, public agency, research 
                        university or other research institution, or 
                        organization representing transportation and 
                        technology leaders or other transportation 
                        stakeholders that, as determined by the 
                        Secretary, is capable of working with State 
                        highway agencies, the Federal Highway 
                        Administration, and the highway construction 
                        industry to develop and evaluate new products, 
                        design technologies, and construction methods 
                        that quickly lead to pavement improvements.
                            ``(ii) Study.--The Secretary shall seek to 
                        enter into an agreement with an institution to 
                        carry out a study on the use of natural and 
                        synthetic calcined bauxite as a high-friction 
                        surface treatment application on pavement.
                            ``(iii) Report.--Not later than 18 months 
                        after the date of enactment of the Surface 
                        Transportation Reauthorization Act of 2021, the 
                        Secretary shall submit a report on the results 
                        of the study under clause (ii) to--
                                    ``(I) the Committee on Environment 
                                and Public Works of the Senate;
                                    ``(II) the Committee on 
                                Transportation and Infrastructure of 
                                the House of Representatives;
                                    ``(III) the Federal Highway 
                                Administration; and
                                    ``(IV) the American Association of 
                                State Highway and Transportation 
                                Officials.'';
                            (iii) in subparagraph (D) (as so 
                        redesignated), by striking ``fiscal years 2016 
                        through 2020'' and inserting ``fiscal years 
                        2022 through 2026''; and
                            (iv) in subparagraph (E) (as so 
                        redesignated)--
                                    (I) in clause (i), by striking 
                                ``annually'' and inserting ``once every 
                                3 years''; and
                                    (II) in clause (ii)--
                                            (aa) in subclause (III), by 
                                        striking ``and'' at the end;
                                            (bb) in subclause (IV), by 
                                        striking the period at the end 
                                        and inserting a semicolon; and
                                            (cc) by adding at the end 
                                        the following:
                                    ``(V) pavement monitoring and data 
                                collection practices;
                                    ``(VI) pavement durability and 
                                resilience;
                                    ``(VII) stormwater management;
                                    ``(VIII) impacts on vehicle 
                                efficiency;
                                    ``(IX) the energy efficiency of the 
                                production of paving materials and the 
                                ability of paving materials to enhance 
                                the environment and promote 
                                sustainability; and
                                    ``(X) integration of renewable 
                                energy in pavement designs.''; and
                    (D) by adding at the end the following:
            ``(5) Accelerated implementation and deployment of advanced 
        digital construction management systems.--
                    ``(A) In general.--The Secretary shall establish 
                and implement a program under the technology and 
                innovation deployment program established under 
                paragraph (1) to promote, implement, deploy, 
                demonstrate, showcase, support, and document the 
                application of advanced digital construction management 
                systems, practices, performance, and benefits.
                    ``(B) Goals.--The goals of the accelerated 
                implementation and deployment of advanced digital 
                construction management systems program established 
                under subparagraph (A) shall include--
                            ``(i) accelerated State adoption of 
                        advanced digital construction management 
                        systems applied throughout the construction 
                        lifecycle (including through the design and 
                        engineering, construction, and operations 
                        phases) that--
                                    ``(I) maximize interoperability 
                                with other systems, products, tools, or 
                                applications;
                                    ``(II) boost productivity;
                                    ``(III) manage complexity;
                                    ``(IV) reduce project delays and 
                                cost overruns; and
                                    ``(V) enhance safety and quality;
                            ``(ii) more timely and productive 
                        information-sharing among stakeholders through 
                        reduced reliance on paper to manage 
                        construction processes and deliverables such as 
                        blueprints, design drawings, procurement and 
                        supply-chain orders, equipment logs, daily 
                        progress reports, and punch lists;
                            ``(iii) deployment of digital management 
                        systems that enable and leverage the use of 
                        digital technologies on construction sites by 
                        contractors, such as state-of-the-art automated 
                        and connected machinery and optimized routing 
                        software that allows construction workers to 
                        perform tasks faster, safer, more accurately, 
                        and with minimal supervision;
                            ``(iv) the development and deployment of 
                        best practices for use in digital construction 
                        management;
                            ``(v) increased technology adoption and 
                        deployment by States and units of local 
                        government that enables project sponsors--
                                    ``(I) to integrate the adoption of 
                                digital management systems and 
                                technologies in contracts; and
                                    ``(II) to weigh the cost of 
                                digitization and technology in setting 
                                project budgets;
                            ``(vi) technology training and workforce 
                        development to build the capabilities of 
                        project managers and sponsors that enables 
                        States and units of local government--
                                    ``(I) to better manage projects 
                                using advanced construction management 
                                technologies; and
                                    ``(II) to properly measure and 
                                reward technology adoption across 
                                projects of the State or unit of local 
                                government;
                            ``(vii) development of guidance to assist 
                        States in updating regulations of the State to 
                        allow project sponsors and contractors--
                                    ``(I) to report data relating to 
                                the project in digital formats; and
                                    ``(II) to fully capture the 
                                efficiencies and benefits of advanced 
                                digital construction management systems 
                                and related technologies;
                            ``(viii) reduction in the environmental 
                        footprint of construction projects using 
                        advanced digital construction management 
                        systems resulting from elimination of 
                        congestion through more efficient projects; and
                            ``(ix) enhanced worker and pedestrian 
                        safety resulting from increased transparency.
                    ``(C) Funding.--For each of fiscal years 2022 
                through 2026, the Secretary shall obligate from funds 
                made available to carry out this subsection $20,000,000 
                to accelerate the deployment and implementation of 
                advanced digital construction management systems.
                    ``(D) Publication.--
                            ``(i) In general.--Not less frequently than 
                        annually, the Secretary shall issue and make 
                        available to the public on a website a report 
                        on--
                                    ``(I) progress made in the 
                                implementation of advanced digital 
                                management systems by States; and
                                    ``(II) the costs and benefits of 
                                the deployment of new technology and 
                                innovations that substantially and 
                                directly resulted from the program 
                                established under this paragraph.
                            ``(ii) Inclusions.--The report under clause 
                        (i) may include an analysis of--
                                    ``(I) Federal, State, and local 
                                cost savings;
                                    ``(II) project delivery time 
                                improvements;
                                    ``(III) congestion impacts; and
                                    ``(IV) safety improvements for 
                                roadway users and construction 
                                workers.''.
    (b) Advanced Transportation Technologies and Innovative Mobility 
Deployment.--Section 503(c)(4) of title 23, United States Code, is 
amended--
            (1) in the heading, by inserting ``and innovative 
        mobility'' before ``deployment'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) In general.--The Secretary shall provide 
                grants to eligible entities to deploy, install, and 
                operate advanced transportation technologies to improve 
                safety, mobility, efficiency, system performance, 
                intermodal connectivity, and infrastructure return on 
                investment.'';
            (3) in subparagraph (B)--
                    (A) in clause (i), by striking ``the enhanced use'' 
                and inserting ``optimization'';
                    (B) in clause (v)--
                            (i) by striking ``transit,'' and inserting 
                        ``work zone, weather, transit, paratransit,''; 
                        and
                            (ii) by striking ``and accessible 
                        transportation'' and inserting ``, accessible, 
                        and integrated transportation and 
                        transportation services'';
                    (C) by redesignating clauses (vi) through (viii) as 
                clauses (vii), (viii), and (x), respectively;
                    (D) by inserting after clause (v) the following:
                            ``(vi) facilitate account-based payments 
                        for transportation access and services and 
                        integrate payment systems across modes;'';
                    (E) in clause (viii) (as so redesignated), by 
                striking ``or'' at the end; and
                    (F) by inserting after clause (viii) (as so 
                redesignated) the following:
                            ``(ix) incentivize travelers--
                                    ``(I) to share trips during periods 
                                in which travel demand exceeds system 
                                capacity; or
                                    ``(II) to shift trips to periods in 
                                which travel demand does not exceed 
                                system capacity; or'';
            (4) in subparagraph (C)--
                    (A) in clause (i), by striking ``Not later'' and 
                all that follows through ``thereafter'' and inserting 
                ``Each fiscal year for which funding is made available 
                for activities under this paragraph''; and
                    (B) in clause (ii)--
                            (i) in subclause (I), by inserting 
                        ``mobility,'' after ``safety,''; and
                            (ii) in subclause (II)--
                                    (I) in item (bb), by striking 
                                ``and'' at the end;
                                    (II) in item (cc), by striking the 
                                period at the end and inserting ``; 
                                and''; and
                                    (III) by adding at the end the 
                                following:
                                            ``(dd) facilitating payment 
                                        for transportation services.'';
            (5) in subparagraph (D)--
                    (A) in clause (i), by striking ``Not later'' and 
                all that follows through ``thereafter'' and inserting 
                ``Each fiscal year for which funding is made available 
                for activities under this paragraph''; and
                    (B) in clause (ii)--
                            (i) by striking ``In awarding'' and 
                        inserting the following:
                                    ``(I) In general.--Subject to 
                                subclause (II), in awarding''; and
                            (ii) by adding at the end the following:
                                    ``(II) Rural set-aside.--Not less 
                                than 20 percent of the amounts made 
                                available to carry out this paragraph 
                                shall be reserved for projects serving 
                                rural areas.'';
            (6) in subparagraph (E)--
                    (A) by redesignating clauses (iii) through (ix) as 
                clauses (iv), (v), (vi), (vii), (viii), (xi), and 
                (xiv), respectively;
                    (B) by inserting after clause (ii) the following:
                            ``(iii) advanced transportation 
                        technologies to improve emergency evacuation 
                        and response by Federal, State, and local 
                        authorities;'';
                    (C) by inserting after clause (viii) (as so 
                redesignated) the following:
                            ``(ix) integrated corridor management 
                        systems;
                            ``(x) advanced parking reservation or 
                        variable pricing systems;'';
                    (D) in clause (xi) (as so redesignated)--
                            (i) by inserting ``, toll collection,'' 
                        after ``pricing''; and
                            (ii) by striking ``or'' at the end;
                    (E) by inserting after clause (xi) (as so 
                redesignated) the following:
                            ``(xii) technology that enhances high 
                        occupancy vehicle toll lanes, cordon pricing, 
                        or congestion pricing;
                            ``(xiii) integration of transportation 
                        service payment systems;'';
                    (F) in clause (xiv) (as so redesignated)--
                            (i) by striking ``and access'' and 
                        inserting ``, access, and on-demand 
                        transportation service'';
                            (ii) by inserting ``and other shared-use 
                        mobility applications'' after ``ridesharing''; 
                        and
                            (iii) by striking the period at the end and 
                        inserting ``; or''; and
                    (G) by adding at the end the following:
                            ``(xv) retrofitting dedicated short-range 
                        communications (DSRC) technology deployed as 
                        part of an existing pilot program to cellular 
                        vehicle-to-everything (C-V2X) technology.'';
            (7) in subparagraph (F)(ii)(IV), by striking ``efficiency 
        and multimodal system performance'' and inserting ``mobility, 
        efficiency, multimodal system performance, and payment system 
        performance'';
            (8) in subparagraph (G)--
                    (A) by redesignating clauses (vi) through (viii) as 
                clauses (vii) through (ix), respectively; and
                    (B) by inserting after clause (v) the following:
                            ``(vi) improved integration of payment 
                        systems;'';
            (9) in subparagraph (I)(i), by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2022 through 
        2026'';
            (10) by striking subparagraph (J) and inserting the 
        following:
                    ``(J) Federal share.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Federal share of the cost of a 
                        project for which a grant is awarded under this 
                        subsection shall not exceed 50 percent.
                            ``(ii) Certain projects.--The Federal share 
                        of the cost of a project for which a grant is 
                        awarded under this subsection for activities 
                        described in subparagraph (E)(xv) shall not 
                        exceed 80 percent.''; and
            (11) in subparagraph (N)--
                    (A) in clause (i), by striking ``representing a 
                population of over 200,000''; and
                    (B) in clause (iii), in the matter preceding 
                subclause (I), by striking ``a any'' and inserting 
                ``any''.
    (c) Center of Excellence on New Mobility and Automated Vehicles.--
Section 503(c) of title 23, United States Code (as amended by 
subsection (a)(3)(D)), is amended by adding at the end the following:
            ``(6) Center of excellence.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Automated vehicle.--The term 
                        `automated vehicle' means a motor vehicle 
                        that--
                                    ``(I) has a taxable gross weight 
                                (as defined in section 41.4482(b)-1 of 
                                title 26, Code of Federal Regulations 
                                (or successor regulations)) of 10,000 
                                pounds or less; and
                                    ``(II) is capable of performing the 
                                entire task of driving (including 
                                steering, accelerating and 
                                decelerating, and reacting to external 
                                stimulus) without human intervention.
                            ``(ii) New mobility.--The term `new 
                        mobility' includes shared services such as--
                                    ``(I) docked and dockless bicycles;
                                    ``(II) docked and dockless electric 
                                scooters; and
                                    ``(III) transportation network 
                                companies.
                    ``(B) Establishment.--Not later than 1 year after 
                the date of enactment of the Surface Transportation 
                Reauthorization Act of 2021, the Secretary shall 
                establish a Center of Excellence to collect, conduct, 
                and fund research on the impacts of new mobility and 
                automated vehicles on land use, urban design, 
                transportation, real estate, equity, and municipal 
                budgets.
                    ``(C) Partnerships.--In establishing the Center of 
                Excellence under subparagraph (B), the Secretary shall 
                enter into appropriate partnerships with any 
                institution of higher education (as defined in section 
                101 of the Higher Education Act of 1965 (20 U.S.C. 
                1001)) or public or private research entity.''.
    (d) Accelerated Implementation and Deployment of Advanced Digital 
Construction Management Systems.--Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit to the Committee 
on Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report that includes--
            (1) a description of--
                    (A) the current status of the use of advanced 
                digital construction management systems in each State; 
                and
                    (B) the progress of each State toward accelerating 
                the adoption of advanced digital construction 
                management systems; and
            (2) an analysis of the savings in project delivery time and 
        project costs that can be achieved through the use of advanced 
        digital construction management systems.
    (e) Open Challenge and Research Proposal Pilot Program.--
            (1) In general.--The Secretary shall establish an open 
        challenge and research proposal pilot program under which 
        eligible entities may propose open highway challenges and 
        research proposals that are linked to identified or potential 
        research needs.
            (2) Requirements.--A research proposal submitted to the 
        Secretary by an eligible entity shall address--
                    (A) a research need identified by the Secretary or 
                the Administrator of the Federal Highway 
                Administration; or
                    (B) an issue or challenge that the Secretary 
                determines to be important.
            (3) Eligible entities.--An entity eligible to submit a 
        research proposal under the pilot program under paragraph (1) 
        is--
                    (A) a State;
                    (B) a unit of local government;
                    (C) a university transportation center under 
                section 5505 of title 49, United States Code;
                    (D) a private nonprofit organization;
                    (E) a private sector organization working in 
                collaboration with an entity described in subparagraphs 
                (A) through (D); and
                    (F) any other individual or entity that the 
                Secretary determines to be appropriate.
            (4) Project review.--The Secretary shall--
                    (A) review each research proposal submitted under 
                the pilot program under paragraph (1); and
                    (B) provide to the eligible entity a written notice 
                that--
                            (i) if the research proposal is not 
                        selected--
                                    (I) notifies the eligible entity 
                                that the research proposal has not been 
                                selected for funding;
                                    (II) provides an explanation as to 
                                why the research proposal was not 
                                selected, including if the research 
                                proposal does not cover an area of 
                                need; and
                                    (III) if applicable, recommend that 
                                the research proposal be submitted to 
                                another research program and provide 
                                guidance and direction to the eligible 
                                entity and the proposed research 
                                program office; and
                            (ii) if the research proposal is selected, 
                        notifies the eligible entity that the research 
                        proposal has been selected for funding.
            (5) Federal share.--
                    (A) In general.--The Federal share of the cost of 
                an activity carried out under this subsection shall not 
                exceed 80 percent.
                    (B) Non-federal share.--All costs directly incurred 
                by the non-Federal partners, including personnel, 
                travel, facility, and hardware development costs, shall 
                be credited toward the non-Federal share of the cost of 
                an activity carried out under this subsection.
    (f) Conforming Amendment.--Section 167 of title 23, United States 
Code, is amended--
            (1) by striking subsection (h); and
            (2) by redesignating subsections (i) through (l) as 
        subsections (h) through (k), respectively.

SEC. 3007. WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.

    (a) Surface Transportation Workforce Development, Training, and 
Education.--Section 504(e) of title 23, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraphs (D) through (G) 
                as subparagraphs (E), (F), (H), and (I), respectively;
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) pre-apprenticeships, apprenticeships, and 
                career opportunities for on-the-job training;'';
                    (C) in subparagraph (E) (as so redesignated), by 
                striking ``or community college'' and inserting ``, 
                college, community college, or vocational school''; and
                    (D) by inserting after subparagraph (F) (as so 
                redesignated) the following:
                    ``(G) activities associated with workforce training 
                and employment services, such as targeted outreach and 
                partnerships with industry, economic development 
                organizations, workforce development boards, and labor 
                organizations;'';
            (2) in paragraph (2), by striking ``paragraph (1)(G)'' and 
        inserting ``paragraph (1)(I)''; and
            (3) in paragraph (3)--
                    (A) by striking the period at the end and inserting 
                a semicolon;
                    (B) by striking ``including activities'' and 
                inserting the following: ``including--
                    ``(A) activities''; and
                    (C) by adding at the end the following:
                    ``(B) activities that address current workforce 
                gaps, such as work on construction projects, of State 
                and local transportation agencies;
                    ``(C) activities to develop a robust surface 
                transportation workforce with new skills resulting from 
                emerging transportation technologies; and
                    ``(D) activities to attract new sources of job-
                creating investment.''.
    (b) Transportation Education and Training Development and 
Deployment Program.--Section 504(f) of title 23, United States Code, is 
amended--
            (1) in the subsection heading, by striking ``Development'' 
        and inserting ``and Training Development and Deployment'';
            (2) by striking paragraph (1) and inserting the following:
            ``(1) Establishment.--The Secretary shall establish a 
        program to make grants to educational institutions or State 
        departments of transportation, in partnership with industry and 
        relevant Federal departments and agencies--
                    ``(A) to develop, test, and review new curricula 
                and education programs to train individuals at all 
                levels of the transportation workforce; or
                    ``(B) to implement the new curricula and education 
                programs to provide for hands-on career opportunities 
                to meet current and future needs.'';
            (3) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``shall'' and inserting ``may'';
                    (B) in subparagraph (A), by inserting ``current or 
                future'' after ``specific''; and
                    (C) in subparagraph (E)--
                            (i) by striking ``in nontraditional 
                        departments'';
                            (ii) by inserting ``construction,'' after 
                        ``such as''; and
                            (iii) by inserting ``or emerging'' after 
                        ``industrial'';
            (4) by redesignating paragraph (3) as paragraph (4); and
            (5) by inserting after paragraph (2) the following:
            ``(3) Reporting.--The Secretary shall establish minimum 
        reporting requirements for grant recipients under this 
        subsection, which may include, with respect to a program 
        carried out with a grant under this subsection--
                    ``(A) the percentage or number of program 
                participants that are employed during the second 
                quarter after exiting the program;
                    ``(B) the percentage or number of program 
                participants that are employed during the fourth 
                quarter after exiting the program;
                    ``(C) the median earnings of program participants 
                that are employed during the second quarter after 
                exiting the program;
                    ``(D) the percentage or number of program 
                participants that obtain a recognized postsecondary 
                credential or a secondary school diploma (or a 
                recognized equivalent) during participation in the 
                program or by not later than 1 year after exiting the 
                program; and
                    ``(E) the percentage or number of program 
                participants that, during a program year--
                            ``(i) are in an education or training 
                        program that leads to a recognized 
                        postsecondary credential or employment; and
                            ``(ii) are achieving measurable skill gains 
                        toward such a credential or employment.''.
    (c) Use of Funds.--Section 504 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(i) Use of Funds.--The Secretary may use funds made available to 
carry out this section to carry out activities related to workforce 
development and technical assistance and training if--
            ``(1) the activities are authorized by another provision of 
        this title; and
            ``(2) the activities are for entities other than employees 
        of the Secretary, such as States, units of local government, 
        Federal land management agencies, and Tribal governments.''.

SEC. 3008. WILDLIFE-VEHICLE COLLISION RESEARCH.

    (a) General Authorities and Requirements Regarding Wildlife and 
Habitat.--Section 515(h)(2) of title 23, United States Code, is 
amended--
            (1) in subparagraph (K), by striking ``and'' at the end;
            (2) by redesignating subparagraphs (D), (E), (F), (G), (H), 
        (I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), 
        (I), (K), (L), (M), and (O), respectively;
            (3) by inserting after subparagraph (C) the following:
                    ``(D) a representative from a State, local, or 
                regional wildlife, land use, or resource management 
                agency;'';
            (4) by inserting after subparagraph (I) (as so 
        redesignated) the following:
                    ``(J) an academic researcher who is a biological or 
                ecological scientist with expertise in transportation 
                issues;''; and
            (5) by inserting after subparagraph (M) (as so 
        redesignated) the following:
                    ``(N) a representative from a public interest group 
                concerned with the impact of the transportation system 
                on terrestrial and aquatic species and the habitat of 
                those species; and''.
    (b) Animal Detection Systems Research and Development.--Section 
516(b)(6) of title 23, United States Code, is amended by inserting ``, 
including animal detection systems to reduce the number of wildlife-
vehicle collisions'' after ``systems''.

SEC. 3009. TRANSPORTATION RESILIENCE AND ADAPTATION CENTERS OF 
              EXCELLENCE.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 520. Transportation Resilience and Adaptation Centers of 
              Excellence
    ``(a) Definition of Center of Excellence.--In this section, the 
term `Center of Excellence' means a Center of Excellence for Resilience 
and Adaptation designated under subsection (b).
    ``(b) Designation.--The Secretary shall designate 10 regional 
Centers of Excellence for Resilience and Adaptation and 1 national 
Center of Excellence for Resilience and Adaptation, which shall serve 
as a coordinator for the regional Centers, to receive grants to advance 
research and development that improves the resilience of regions of the 
United States to natural disasters and extreme weather by promoting the 
resilience of surface transportation infrastructure and infrastructure 
dependent on surface transportation.
    ``(c) Eligibility.--An entity eligible to be designated as a Center 
of Excellence is--
            ``(1) an institution of higher education (as defined in 
        section 102 of the Higher Education Act of 1965 (20 U.S.C. 
        1002)); or
            ``(2) a consortium of nonprofit organizations led by an 
        institution of higher education.
    ``(d) Application.--To be eligible to be designated as a Center of 
Excellence, an eligible entity shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including a proposal that 
includes a description of the activities to be carried out with a grant 
under this section.
    ``(e) Selection.--
            ``(1) Regional centers of excellence.--The Secretary shall 
        designate 1 regional Center of Excellence in each of the 10 
        Federal regions that comprise the Standard Federal Regions 
        established by the Office of Management and Budget in the 
        document entitled `Standard Federal Regions' and dated April 
        1974 (circular A-105).
            ``(2) National center of excellence.--The Secretary shall 
        designate 1 national Center of Excellence to coordinate the 
        activities of all 10 regional Centers of Excellence to minimize 
        duplication and promote coordination and dissemination of 
        research among the Centers.
            ``(3) Criteria.--In selecting eligible entities to 
        designate as a Center of Excellence, the Secretary shall 
        consider--
                    ``(A) the past experience and performance of the 
                eligible entity in carrying out activities described in 
                subsection (g);
                    ``(B) the merits of the proposal of an eligible 
                entity and the extent to which the proposal would--
                            ``(i) advance the state of practice in 
                        resilience planning and identify innovative 
                        resilience solutions for transportation assets 
                        and systems;
                            ``(ii) support activities carried out under 
                        the PROTECT program under section 176;
                            ``(iii) support and build on work being 
                        carried out by another Federal agency relating 
                        to resilience;
                            ``(iv) inform transportation decisionmaking 
                        at all levels of government;
                            ``(v) engage local, regional, Tribal, 
                        State, and national stakeholders, including, if 
                        applicable, stakeholders representing 
                        transportation, transit, urban, and land use 
                        planning, natural resources, environmental 
                        protection, hazard mitigation, and emergency 
                        management; and
                            ``(vi) engage community groups and other 
                        stakeholders that will be affected by 
                        transportation decisions, including 
                        underserved, economically disadvantaged, rural, 
                        and predominantly minority communities; and
                    ``(C) the local, regional, Tribal, State, and 
                national impacts of the proposal of the eligible 
                entity.
    ``(f) Grants.--Subject to the availability of appropriations, the 
Secretary shall provide to each Center of Excellence a grant of not 
less than $5,000,000 for each of fiscal years 2022 through 2031 to 
carry out the activities described in subsection (g).
    ``(g) Activities.--In carrying out this section, the Secretary 
shall ensure that a Center of Excellence uses the funds from a grant 
under subsection (f) to promote resilient transportation 
infrastructure, including through--
            ``(1) supporting climate vulnerability assessments informed 
        by climate change science, including national climate 
        assessments produced by the United States Global Change 
        Research Program under section 106 of the Global Change 
        Research Act of 1990 (15 U.S.C. 2936), relevant feasibility 
        analyses of resilient transportation improvements, and 
        transportation resilience planning;
            ``(2) development of new design, operations, and 
        maintenance standards for transportation infrastructure that 
        can inform Federal and State decisionmaking;
            ``(3) research and development of new materials and 
        technologies that could be integrated into existing and new 
        transportation infrastructure;
            ``(4) development, refinement, and piloting of new and 
        emerging resilience improvements and strategies, including 
        natural infrastructure approaches and relocation;
            ``(5) development of and investment in new approaches for 
        facilitating meaningful engagement in transportation 
        decisionmaking by local, Tribal, regional, or national 
        stakeholders and communities;
            ``(6) technical capacity building to facilitate the ability 
        of local, regional, Tribal, State, and national stakeholders--
                    ``(A) to assess the vulnerability of transportation 
                infrastructure assets and systems;
                    ``(B) to develop community response strategies;
                    ``(C) to meaningfully engage with community 
                stakeholders; and
                    ``(D) to develop strategies and improvements for 
                enhancing transportation infrastructure resilience 
                under current conditions and a range of potential 
                future conditions;
            ``(7) workforce development and training;
            ``(8) development and dissemination of data, tools, 
        techniques, assessments, and information that informs Federal, 
        State, Tribal, and local government decisionmaking, policies, 
        planning, and investments;
            ``(9) education and outreach regarding transportation 
        infrastructure resilience; and
            ``(10) technology transfer and commercialization.
    ``(h) Federal Share.--The Federal share of the cost of an activity 
under this section, including the costs of establishing and operating a 
Center of Excellence, shall be 50 percent.''.
    (b) Clerical Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding at the end the following:

``520. Transportation Resilience and Adaptation Centers of 
                            Excellence.''.

SEC. 3010. TRANSPORTATION ACCESS PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning given 
        the term in section 134(b) of title 23, United States Code.
            (2) State.--The term ``State'' has the meaning given the 
        term in section 101(a) of title 23, United States Code.
            (3) Surface transportation modes.--The term ``surface 
        transportation modes'' means--
                    (A) driving;
                    (B) public transportation;
                    (C) walking;
                    (D) cycling; and
                    (E) a combination of any of the modes of 
                transportation described in subparagraphs (A) through 
                (D).
            (4) Pilot program.--The term ``pilot program'' means the 
        transportation pilot program established under subsection (b).
            (5) Regional transportation planning organization.--The 
        term ``regional transportation planning organization'' has the 
        meaning given the term in section 134(b) of title 23, United 
        States Code.
    (b) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall establish a transportation 
pilot program.
    (c) Purpose.--The purpose of the pilot program is to develop or 
procure an accessibility data set and make that data set available to 
each eligible entity selected to participate in the pilot program--
            (1) to improve the transportation planning of those 
        eligible entities by--
                    (A) measuring the level of access by surface 
                transportation modes to important destinations, which 
                may include--
                            (i) jobs;
                            (ii) health care facilities;
                            (iii) child care services;
                            (iv) educational and workforce training 
                        facilities;
                            (v) housing;
                            (vi) food sources;
                            (vii) points within the supply chain for 
                        freight commodities;
                            (viii) domestic or international markets; 
                        and
                            (ix) connections between surface 
                        transportation modes; and
                    (B) disaggregating the level of access by surface 
                transportation modes by a variety of--
                            (i) population categories, which may 
                        include--
                                    (I) low-income populations;
                                    (II) minority populations;
                                    (III) age;
                                    (IV) disability; and
                                    (V) geographical location; or
                            (ii) freight commodities, which may 
                        include--
                                    (I) agricultural commodities;
                                    (II) raw materials;
                                    (III) finished products; and
                                    (IV) energy commodities; and
            (2) to assess the change in accessibility that would result 
        from new transportation investments.
    (d) Eligible Entities.--An entity eligible to participate in the 
pilot program is--
            (1) a State;
            (2) a metropolitan planning organization; or
            (3) a regional transportation planning organization.
    (e) Application.--To be eligible to participate in the pilot 
program, an eligible entity shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including information 
relating to--
            (1) previous experience of the eligible entity measuring 
        transportation access or other performance management 
        experience, if applicable;
            (2) the types of important destinations to which the 
        eligible entity intends to measure access;
            (3) the types of data disaggregation the eligible entity 
        intends to pursue;
            (4) a general description of the methodology the eligible 
        entity intends to apply; and
            (5) if the applicant does not intend the pilot program to 
        apply to the full area under the jurisdiction of the applicant, 
        a description of the geographic area in which the applicant 
        intends the pilot program to apply.
    (f) Selection.--
            (1) In general.--The Secretary shall seek to achieve 
        diversity of participants in the pilot program by selecting a 
        range of eligible entities that shall include--
                    (A) States;
                    (B) metropolitan planning organizations that serve 
                an area with a population of 200,000 people or fewer;
                    (C) metropolitan planning organizations that serve 
                an area with a population of over 200,000 people; and
                    (D) regional transportation planning organizations.
            (2) Inclusions.--The Secretary shall seek to ensure that, 
        among the eligible entities selected under paragraph (1), there 
        is--
                    (A) a range of capacity and previous experience 
                with measuring transportation access; and
                    (B) a variety of proposed methodologies and focus 
                areas for measuring level of access.
    (g) Duties.--For each eligible entity participating in the pilot 
program, the Secretary shall--
            (1) develop or acquire an accessibility data set described 
        in subsection (c); and
            (2) submit the data set to the eligible entity.
    (h) Methodology.--In calculating the measures for the data set 
under the pilot program, the Secretary shall ensure that methodology is 
open source.
    (i) Availability.--The Secretary shall make an accessibility data 
set under the pilot program available to--
            (1) units of local government within the jurisdiction of 
        the eligible entity participating in the pilot program; and
            (2) researchers.
    (j) Report.--Not later than 2 years after the date of enactment of 
this Act, and every 2 years thereafter, the Secretary shall submit to 
the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the results of the pilot program, including 
the feasibility of developing and providing periodic accessibility data 
sets for all States, regions, and localities.
    (k) Transportation System Access.--
            (1) In general.--The Secretary shall establish consistent 
        measures that States, metropolitan planning organizations, and 
        regional transportation planning organizations may choose to 
        adopt to assess the level of safe and convenient access by 
        surface transportation modes to important destinations as 
        described in subsection (c)(1)(A).
            (2) Savings provision.--Nothing in this section provides 
        the Secretary the authority--
                    (A) to establish a performance measure or require 
                States or metropolitan planning organizations to set a 
                performance target for access as described in paragraph 
                (1); or
                    (B) to establish any other Federal requirement.
    (l) Funding.--The Secretary shall carry out the pilot program using 
amounts made available to the Secretary for administrative expenses to 
carry out programs under the authority of the Secretary.
    (m) Sunset.--The pilot program shall terminate on the date that is 
8 years after the date on which the pilot program is implemented.

                        TITLE IV--INDIAN AFFAIRS

SEC. 4001. DEFINITION OF SECRETARY.

    In this title, the term ``Secretary'' means the Secretary of the 
Interior.

SEC. 4002. ENVIRONMENTAL REVIEWS FOR CERTAIN TRIBAL TRANSPORTATION 
              FACILITIES.

    (a) Definition of Tribal Transportation Safety Project.--
            (1) In general.--In this section, the term ``tribal 
        transportation safety project'' means a project described in 
        paragraph (2) that is eligible for funding under section 202 of 
        title 23, United States Code.
            (2) Project described.--A project described in this 
        paragraph is a project that corrects or improves a hazardous 
        road location or feature or addresses a highway safety problem 
        through 1 or more of the activities described in any of the 
        clauses under section 148(a)(4)(B) of title 23, United States 
        Code.
    (b) Reviews of Tribal Transportation Safety Projects.--
            (1) In general.--The Secretary or the Secretary of 
        Transportation, as applicable, or the head of another Federal 
        agency responsible for a decision related to a tribal 
        transportation safety project shall complete any approval or 
        decision for the review of the tribal transportation safety 
        project required under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal 
        law on an expeditious basis using the shortest existing 
        applicable process.
            (2) Review of applications.--Not later than 45 days after 
        the date of receipt of a complete application by an Indian 
        tribe for approval of a tribal transportation safety project, 
        the Secretary or the Secretary of Transportation, as 
        applicable, shall--
                    (A) take final action on the application; or
                    (B) provide the Indian tribe a schedule for 
                completion of the review described in paragraph (1), 
                including the identification of any other Federal 
                agency that has jurisdiction with respect to the 
                project.
            (3) Decisions under other federal laws.--In any case in 
        which a decision under any other Federal law relating to a 
        tribal transportation safety project (including the issuance or 
        denial of a permit or license) is required, not later than 45 
        days after the Secretary or the Secretary of Transportation, as 
        applicable, has made all decisions of the lead agency under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) with respect to the project, the head of the Federal 
        agency responsible for the decision shall--
                    (A) make the applicable decision; or
                    (B) provide the Indian tribe a schedule for making 
                the decision.
            (4) Extensions.--The Secretary or the Secretary of 
        Transportation, as applicable, or the head of the Federal 
        agency may extend the period under paragraph (2) or (3), as 
        applicable, by an additional 30 days by providing the Indian 
        tribe notice of the extension, including a statement of the 
        need for the extension.
            (5) Notification and explanation.--In any case in which a 
        required action is not completed by the deadline under 
        paragraph (2), (3), or (4), as applicable, the Secretary, the 
        Secretary of Transportation, or the head of a Federal agency, 
        as applicable, shall--
                    (A) notify the Committees on Indian Affairs and 
                Environment and Public Works of the Senate and the 
                Committee on Natural Resources of the House of 
                Representatives of the failure to comply with the 
                deadline; and
                    (B) provide to the Committees described in 
                subparagraph (A) a detailed explanation of the reasons 
                for the failure to comply with the deadline.

SEC. 4003. PROGRAMMATIC AGREEMENTS FOR TRIBAL CATEGORICAL EXCLUSIONS.

    (a) In General.--The Secretary and the Secretary of Transportation 
shall enter into programmatic agreements with Indian tribes that 
establish efficient administrative procedures for carrying out 
environmental reviews for projects eligible for assistance under 
section 202 of title 23, United States Code.
    (b) Inclusions.--A programmatic agreement under subsection (a)--
            (1) may include an agreement that allows an Indian tribe to 
        determine, on behalf of the Secretary and the Secretary of 
        Transportation, whether a project is categorically excluded 
        from the preparation of an environmental assessment or 
        environmental impact statement under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
            (2) shall--
                    (A) require that the Indian tribe maintain adequate 
                capability in terms of personnel and other resources to 
                carry out applicable agency responsibilities pursuant 
                to section 1507.2 of title 40, Code of Federal 
                Regulations (or successor regulations);
                    (B) set forth the responsibilities of the Indian 
                tribe for making categorical exclusion determinations, 
                documenting the determinations, and achieving 
                acceptable quality control and quality assurance;
                    (C) allow--
                            (i) the Secretary and the Secretary of 
                        Transportation to monitor compliance of the 
                        Indian tribe with the terms of the agreement; 
                        and
                            (ii) the Indian tribe to execute any needed 
                        corrective action;
                    (D) contain stipulations for amendments, 
                termination, and public availability of the agreement 
                once the agreement has been executed; and
                    (E) have a term of not more than 5 years, with an 
                option for renewal based on a review by the Secretary 
                and the Secretary of Transportation of the performance 
                of the Indian tribe.

SEC. 4004. USE OF CERTAIN TRIBAL TRANSPORTATION FUNDS.

    Section 202(d) of title 23, United States Code, is amended by 
striking paragraph (2) and inserting the following:
            ``(2) Use of funds.--Funds made available to carry out this 
        subsection shall be used--
                    ``(A) to carry out any planning, design, 
                engineering, preconstruction, construction, and 
                inspection of new or replacement tribal transportation 
                facility bridges;
                    ``(B) to replace, rehabilitate, seismically 
                retrofit, paint, apply calcium magnesium acetate, 
                sodium acetate/formate, or other environmentally 
                acceptable, minimally corrosive anti-icing and deicing 
                composition; or
                    ``(C) to implement any countermeasure for tribal 
                transportation facility bridges classified as in poor 
                condition, having a low load capacity, or needing 
                geometric improvements, including multiple-pipe 
                culverts.''.

SEC. 4005. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PROGRAM.

    There are authorized to be appropriated to the Director of the 
Bureau of Indian Affairs to carry out the road maintenance program of 
the Bureau--
            (1) $50,000,000 for fiscal year 2022;
            (2) $52,000,000 for fiscal year 2023;
            (3) $54,000,000 for fiscal year 2024;
            (4) $56,000,000 for fiscal year 2025; and
            (5) $58,000,000 for fiscal year 2026.

SEC. 4006. STUDY OF ROAD MAINTENANCE ON INDIAN LAND.

    (a) Definitions.--In this section:
            (1) Indian land.--The term ``Indian land'' has the meaning 
        given the term ``Indian lands'' in section 3 of the Native 
        American Business Development, Trade Promotion, and Tourism Act 
        of 2000 (25 U.S.C. 4302).
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (3) Road.--The term ``road'' means a road managed in whole 
        or in part by the Bureau of Indian Affairs.
            (4) Secretary.--The term ``Secretary'' means the Secretary, 
        acting through the Assistant Secretary for Indian Affairs.
    (b) Study.--Not later than 2 years after the date of enactment of 
this Act, the Secretary, in consultation with the Secretary of 
Transportation, shall carry out a study to evaluate--
            (1) the long-term viability and useful life of existing 
        roads on Indian land;
            (2) any steps necessary to achieve the goal of addressing 
        the deferred maintenance backlog of existing roads on Indian 
        land;
            (3) programmatic reforms and performance enhancements 
        necessary to achieve the goal of restructuring and streamlining 
        road maintenance programs on existing or future roads located 
        on Indian land; and
            (4) recommendations on how to implement efforts to 
        coordinate with States, counties, municipalities, and other 
        units of local government to maintain roads on Indian land.
    (c) Tribal Consultation and Input.--Before beginning the study 
under subsection (b), the Secretary shall--
            (1) consult with any Indian tribes that have jurisdiction 
        over roads eligible for funding under the road maintenance 
        program of the Bureau of Indian Affairs; and
            (2) solicit and consider the input, comments, and 
        recommendations of the Indian tribes described in paragraph 
        (1).
    (d) Report.--On completion of the study under subsection (b), the 
Secretary, in consultation with the Secretary of Transportation, shall 
submit to the Committees on Indian Affairs and Environment and Public 
Works of the Senate and the Committees on Natural Resources and 
Transportation and Infrastructure of the House of Representatives a 
report on the results and findings of the study.
    (e) Status Report.--Not later than 2 years after the date of 
enactment of this Act, and not less frequently than every 2 years 
thereafter, the Secretary, in consultation with the Secretary of 
Transportation, shall submit to the Committees on Indian Affairs and 
Environment and Public Works of the Senate and the Committees on 
Natural Resources and Transportation and Infrastructure of the House of 
Representatives a report that includes a description of--
            (1) the progress made toward addressing the deferred 
        maintenance needs of the roads on Indian land, including a list 
        of projects funded during the fiscal period covered by the 
        report;
            (2) the outstanding needs of the roads that have been 
        provided funding to address the deferred maintenance needs;
            (3) the remaining needs of any of the projects referred to 
        in paragraph (1);
            (4) how the goals described in subsection (b) have been 
        met, including--
                    (A) an identification and assessment of any 
                deficiencies or shortfalls in meeting the goals; and
                    (B) a plan to address the deficiencies or 
                shortfalls in meeting the goals; and
            (5) any other issues or recommendations provided by an 
        Indian tribe under the consultation and input process under 
        subsection (c) that the Secretary determines to be appropriate.

SEC. 4007. MAINTENANCE OF CERTAIN INDIAN RESERVATION ROADS.

    The Commissioner of U.S. Customs and Border Protection may transfer 
funds to the Director of the Bureau of Indian Affairs to maintain, 
repair, or reconstruct roads under the jurisdiction of the Director, 
subject to the condition that the Commissioner and the Director shall 
mutually agree that the primary user of the subject road is U.S. 
Customs and Border Protection.

SEC. 4008. TRIBAL TRANSPORTATION SAFETY NEEDS.

    (a) Definitions.--In this section:
            (1) Alaska native.--The term ``Alaska Native'' has the 
        meaning given the term ``Native'' in section 3 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1602).
            (2) Alaska native village.--The term ``Alaska Native 
        village'' has the meaning given the term ``Native village'' in 
        section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1602).
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
    (b) Best Practices, Standardized Crash Report Form.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation, in 
        consultation with the Secretary, Indian tribes, Alaska Native 
        villages, and State departments of transportation shall 
        develop--
                    (A) best practices for the compiling, analysis, and 
                sharing of motor vehicle crash data for crashes 
                occurring on Indian reservations and in Alaska Native 
                communities; and
                    (B) a standardized form for use by Indian tribes 
                and Alaska Native communities to carry out those best 
                practices.
            (2) Purpose.--The purpose of the best practices and 
        standardized form developed under paragraph (1) shall be to 
        improve the quality and quantity of crash data available to and 
        used by the Federal Highway Administration, State departments 
        of transportation, Indian tribes, and Alaska Native villages.
            (3) Report.--On completion of the development of the best 
        practices and standardized form under paragraph (1), the 
        Secretary of Transportation shall submit to the Committees on 
        Indian Affairs and Environment and Public Works of the Senate 
        and the Committees on Natural Resources and Transportation and 
        Infrastructure of the House of Representatives a report 
        describing the best practices and standardized form.
    (c) Use of IMARS.--The Director of the Bureau of Indian Affairs 
shall require all law enforcement offices of the Bureau, for the 
purpose of reporting motor vehicle crash data for crashes occurring on 
Indian reservations and in Alaska Native communities--
            (1) to use the crash report form of the applicable State; 
        and
            (2) to upload the information on that form to the Incident 
        Management Analysis and Reporting System (IMARS) of the 
        Department of the Interior.
    (d) Tribal Transportation Program Safety Funding.--Section 
202(e)(1) of title 23, United States Code, is amended by striking ``2 
percent'' and inserting ``4 percent''.

SEC. 4009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.

    Section 102 of title 49, United States Code, is amended--
            (1) in subsection (e)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``6 Assistant'' and inserting ``7 Assistant'';
                    (B) in subparagraph (C), by striking ``and'' after 
                the semicolon;
                    (C) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (D) by inserting after subparagraph (C) the 
                following:
                    ``(D) an Assistant Secretary for Tribal Government 
                Affairs, who shall be appointed by the President; 
                and''; and
            (2) in subsection (f), by striking the subsection 
        designation and heading and all that follows through the end of 
        paragraph (1) and inserting the following:
    ``(f) Office of Tribal Government Affairs.--
            ``(1) Establishment.--There is established in the 
        Department an Office of Tribal Government Affairs, under the 
        Assistant Secretary for Tribal Government Affairs--
                    ``(A) to oversee the tribal self-governance program 
                under section 207 of title 23;
                    ``(B) to plan, coordinate, and implement policies 
                and programs serving Indian Tribes and Tribal 
                organizations;
                    ``(C) to coordinate Tribal transportation programs 
                and activities in all offices and administrations of 
                the Department; and
                    ``(D) to be a participant in any negotiated 
                rulemakings relating to, or having an impact on, 
                projects, programs, or funding associated with the 
                Tribal transportation program under section 202 of 
                title 23.''.
                                                        Calendar No. 64

117th CONGRESS

  1st Session

                                S. 1931

_______________________________________________________________________

                                 A BILL

 To amend title 23, United States Code, to authorize funds for Federal-
 aid highways and highway safety construction programs, and for other 
                               purposes.

_______________________________________________________________________

                              May 27, 2021

                 Read twice and placed on the calendar