[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2302 Reported in Senate (RS)]
<DOC>
Calendar No. 170
116th CONGRESS
1st Session
S. 2302
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
July 29, 2019
Mr. Barrasso (for himself, Mr. Carper, Mrs. Capito, and Mr. Cardin)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
August 1, 2019
Reported by Mr. Barrasso, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``America's
Transportation Infrastructure Act of 2019''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Effective date.
<DELETED>TITLE I--FEDERAL-AID HIGHWAYS
<DELETED>Subtitle A--Authorizations and Programs
<DELETED>Sec. 1101. Authorization of appropriations.
<DELETED>Sec. 1102. Obligation ceiling.
<DELETED>Sec. 1103. Definitions.
<DELETED>Sec. 1104. Apportionment.
<DELETED>Sec. 1105. National highway performance program.
<DELETED>Sec. 1106. Emergency relief.
<DELETED>Sec. 1107. Federal share payable.
<DELETED>Sec. 1108. Railway-highway grade crossings.
<DELETED>Sec. 1109. Surface transportation block grant program.
<DELETED>Sec. 1110. Nationally significant freight and highway
projects.
<DELETED>Sec. 1111. Highway safety improvement program.
<DELETED>Sec. 1112. Federal lands transportation program.
<DELETED>Sec. 1113. Federal lands access program.
<DELETED>Sec. 1114. National highway freight program.
<DELETED>Sec. 1115. Congestion mitigation and air quality improvement
program.
<DELETED>Sec. 1116. National scenic byways program.
<DELETED>Sec. 1117. Alaska Highway.
<DELETED>Sec. 1118. Toll roads, bridges, tunnels, and ferries.
<DELETED>Sec. 1119. Bridge investment program.
<DELETED>Sec. 1120. Safe routes to school program.
<DELETED>Sec. 1121. Highway use tax evasion projects.
<DELETED>Sec. 1122. Construction of ferry boats and ferry terminal
facilities.
<DELETED>Sec. 1123. Balance exchanges for infrastructure program.
<DELETED>Sec. 1124. Safety incentive programs.
<DELETED>Sec. 1125. Wildlife crossing safety.
<DELETED>Sec. 1126. Consolidation of programs.
<DELETED>Sec. 1127. State freight advisory committees.
<DELETED>Sec. 1128. Territorial and Puerto Rico highway program.
<DELETED>Subtitle B--Planning and Performance Management
<DELETED>Sec. 1201. Transportation planning.
<DELETED>Sec. 1202. Fiscal constraint on long-range transportation
plans.
<DELETED>Sec. 1203. State human capital plans.
<DELETED>Sec. 1204. Accessibility data pilot program.
<DELETED>Sec. 1205. Prioritization process pilot program.
<DELETED>Sec. 1206. Exemptions for low population density states.
<DELETED>Sec. 1207. Travel demand data and modeling.
<DELETED>Sec. 1208. Increasing safe and accessible transportation
options.
<DELETED>Subtitle C--Project Delivery and Process Improvement
<DELETED>Sec. 1301. Efficient environmental reviews for project
decisionmaking and One Federal Decision.
<DELETED>Sec. 1302. Work zone process reviews.
<DELETED>Sec. 1303. Transportation management plans.
<DELETED>Sec. 1304. Intelligent transportation systems.
<DELETED>Sec. 1305. Alternative contracting methods.
<DELETED>Sec. 1306. Flexibility for projects.
<DELETED>Sec. 1307. Improved Federal-State stewardship and oversight
agreements.
<DELETED>Sec. 1308. Geomatic data.
<DELETED>Sec. 1309. Evaluation of projects within an operational right-
of-way.
<DELETED>Sec. 1310. Department of Transportation reports.
<DELETED>Subtitle D--Climate Change
<DELETED>Sec. 1401. Grants for charging and fueling infrastructure to
modernize and reconnect America for the
21st century.
<DELETED>Sec. 1402. Reduction of truck emissions at port facilities.
<DELETED>Sec. 1403. Carbon reduction incentive programs.
<DELETED>Sec. 1404. Congestion relief program.
<DELETED>Sec. 1405. Freight plans.
<DELETED>Sec. 1406. Utilizing significant emissions with innovative
technologies.
<DELETED>Sec. 1407. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation
(PROTECT) grant program.
<DELETED>Sec. 1408. Diesel emissions reduction.
<DELETED>Subtitle E--Miscellaneous
<DELETED>Sec. 1501. Additional deposits into Highway Trust Fund.
<DELETED>Sec. 1502. Stopping threats on pedestrians.
<DELETED>Sec. 1503. Transfer and sale of toll credits.
<DELETED>Sec. 1504. Forest Service Legacy Roads and Trails Remediation
Program.
<DELETED>Sec. 1505. Disaster relief mobilization pilot program.
<DELETED>Sec. 1506. Appalachian regional development.
<DELETED>Sec. 1507. Requirements for transportation projects carried
out through public-private partnerships.
<DELETED>Sec. 1508. Community connectivity pilot program.
<DELETED>Sec. 1509. Repeal of rescission.
<DELETED>Sec. 1510. Federal interagency working group for conversion of
federal fleet to hybrid-electric vehicles,
electric vehicles, and alternative fueled
vehicles.
<DELETED>Sec. 1511. Cybersecurity tool; cyber coordinator.
<DELETED>Sec. 1512. Study on most effective upgrades to roadway
infrastructure.
<DELETED>Sec. 1513. Study on vehicle-to-infrastructure communication
technology.
<DELETED>Sec. 1514. Nonhighway recreational fuel study.
<DELETED>Sec. 1515. Buy America.
<DELETED>Sec. 1516. Report on data-driven infrastructure traffic safety
improvements.
<DELETED>Sec. 1517. High priority corridors on the National Highway
System.
<DELETED>Sec. 1518. Interstate weight limits.
<DELETED>Sec. 1519. Interstate exemption.
<DELETED>Sec. 1520. Report on air quality improvements.
<DELETED>Sec. 1521. Roadside highway safety hardware.
<DELETED>Sec. 1522. Permeable pavements study.
<DELETED>Sec. 1523. Emergency relief projects.
<DELETED>Sec. 1524. Certain gathering lines located on Federal land and
Indian land.
<DELETED>Sec. 1525. Technical corrections.
<DELETED>TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
<DELETED>Sec. 2001. Transportation Infrastructure Finance and
Innovation Act of 1998 amendments.
<DELETED>TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION
<DELETED>Sec. 3001. Surface transportation system funding alternatives.
<DELETED>Sec. 3002. Performance management data support program.
<DELETED>Sec. 3003. Data integration pilot program.
<DELETED>Sec. 3004. Emerging technology research pilot program.
<DELETED>Sec. 3005. Research and technology development and deployment.
<DELETED>Sec. 3006. Workforce development, training, and education.
<DELETED>Sec. 3007. Wildlife-vehicle collision research.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Department.--The term ``Department'' means the
Department of Transportation.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.</DELETED>
<DELETED>SEC. 3. EFFECTIVE DATE.</DELETED>
<DELETED> This Act and the amendments made by this Act take effect
on October 1, 2020.</DELETED>
<DELETED>TITLE I--FEDERAL-AID HIGHWAYS</DELETED>
<DELETED>Subtitle A--Authorizations and Programs</DELETED>
<DELETED>SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) In General.--The following amounts are authorized to
be appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):</DELETED>
<DELETED> (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, and to carry out section 134
of that title--</DELETED>
<DELETED> (A) $47,855,749,000 for fiscal year
2021;</DELETED>
<DELETED> (B) $48,829,248,000 for fiscal year
2022;</DELETED>
<DELETED> (C) $49,849,443,000 for fiscal year
2023;</DELETED>
<DELETED> (D) $50,914,302,000 for fiscal year 2024;
and</DELETED>
<DELETED> (E) $51,979,162,000 for fiscal year
2025.</DELETED>
<DELETED> (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, $300,000,000
for each of fiscal years 2021 through 2025.</DELETED>
<DELETED> (3) Federal lands and tribal transportation
programs.--</DELETED>
<DELETED> (A) Tribal transportation program.--For
the tribal transportation program under section 202 of
title 23, United States Code--</DELETED>
<DELETED> (i) $565,000,000 for fiscal year
2021;</DELETED>
<DELETED> (ii) $580,000,000 for fiscal year
2022;</DELETED>
<DELETED> (iii) $595,000,000 for fiscal year
2023;</DELETED>
<DELETED> (iv) $610,000,000 for fiscal year
2024; and</DELETED>
<DELETED> (v) $625,000,000 for fiscal year
2025.</DELETED>
<DELETED> (B) Federal lands transportation
program.--</DELETED>
<DELETED> (i) In general.--For the Federal
lands transportation program under section 203
of title 23, United States Code--</DELETED>
<DELETED> (I) $413,000,000 for
fiscal year 2021;</DELETED>
<DELETED> (II) $423,000,000 for
fiscal year 2022;</DELETED>
<DELETED> (III) $433,000,000 for
fiscal year 2023;</DELETED>
<DELETED> (IV) $443,000,000 for
fiscal year 2024; and</DELETED>
<DELETED> (V) $453,000,000 for
fiscal year 2025.</DELETED>
<DELETED> (ii) Allocation.--Of the amount
made available for a fiscal year under clause
(i)--</DELETED>
<DELETED> (I) the amount for the
National Park Service is--</DELETED>
<DELETED> (aa) $330,000,000
for fiscal year 2021;</DELETED>
<DELETED> (bb) $338,000,000
for fiscal year 2022;</DELETED>
<DELETED> (cc) $346,000,000
for fiscal year 2023;</DELETED>
<DELETED> (dd) $354,000,000
for fiscal year 2024;
and</DELETED>
<DELETED> (ee) $362,000,000
for fiscal year 2025;</DELETED>
<DELETED> (II) the amount for the
United States Fish and Wildlife Service
is $33,000,000 for each of fiscal years
2021 through 2025; and</DELETED>
<DELETED> (III) the amount for the
Forest Service is--</DELETED>
<DELETED> (aa) $22,000,000
for fiscal year 2021;</DELETED>
<DELETED> (bb) $23,000,000
for fiscal year 2022;</DELETED>
<DELETED> (cc) $24,000,000
for fiscal year 2023;</DELETED>
<DELETED> (dd) $25,000,000
for fiscal year 2024;
and</DELETED>
<DELETED> (ee) $26,000,000
for fiscal year 2025.</DELETED>
<DELETED> (C) Federal lands access program.--For the
Federal lands access program under section 204 of title
23, United States Code--</DELETED>
<DELETED> (i) $280,000,000 for fiscal year
2021;</DELETED>
<DELETED> (ii) $285,000,000 for fiscal year
2022;</DELETED>
<DELETED> (iii) $290,000,000 for fiscal year
2023;</DELETED>
<DELETED> (iv) $295,000,000 for fiscal year
2024; and</DELETED>
<DELETED> (v) $300,000,000 for fiscal year
2025.</DELETED>
<DELETED> (4) Territorial and puerto rico highway program.--
For the territorial and Puerto Rico highway program under
section 165 of title 23, United States Code--</DELETED>
<DELETED> (A) $204,500,000 for fiscal year
2021;</DELETED>
<DELETED> (B) $208,000,000 for fiscal year
2022;</DELETED>
<DELETED> (C) $212,000,000 for fiscal year
2023;</DELETED>
<DELETED> (D) $216,000,000 for fiscal year 2024;
and</DELETED>
<DELETED> (E) $221,500,000 for fiscal year
2025.</DELETED>
<DELETED> (5) Nationally significant freight and highway
projects.--For nationally significant freight and highway
projects under section 117 of title 23, United States Code--
</DELETED>
<DELETED> (A) $1,050,000,000 for fiscal year
2021;</DELETED>
<DELETED> (B) $1,075,000,000 for fiscal year
2022;</DELETED>
<DELETED> (C) $1,100,000,000 for fiscal year
2023;</DELETED>
<DELETED> (D) $1,125,000,000 for fiscal year 2024;
and</DELETED>
<DELETED> (E) $1,150,000,000 for fiscal year
2025.</DELETED>
<DELETED> (b) Other Programs.--</DELETED>
<DELETED> (1) In general.--The following amounts are
authorized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account):</DELETED>
<DELETED> (A) Bridge investment program.--To carry
out the bridge investment program under section 124 of
title 23, United States Code--</DELETED>
<DELETED> (i) $600,000,000 for fiscal year
2021;</DELETED>
<DELETED> (ii) $640,000,000 for fiscal year
2022;</DELETED>
<DELETED> (iii) $650,000,000 for fiscal year
2023;</DELETED>
<DELETED> (iv) $675,000,000 for fiscal year
2024; and</DELETED>
<DELETED> (v) $700,000,000 for fiscal year
2025.</DELETED>
<DELETED> (B) Congestion relief program.--To carry
out the congestion relief program under section 129(d)
of title 23, United States Code, $40,000,000 for each
of fiscal years 2021 through 2025.</DELETED>
<DELETED> (C) Charging and fueling infrastructure
grants.--To carry out section 151(f) of title 23,
United States Code--</DELETED>
<DELETED> (i) $100,000,000 for fiscal year
2021;</DELETED>
<DELETED> (ii) $100,000,000 for fiscal year
2022;</DELETED>
<DELETED> (iii) $200,000,000 for fiscal year
2023;</DELETED>
<DELETED> (iv) $300,000,000 for fiscal year
2024; and</DELETED>
<DELETED> (v) $300,000,000 for fiscal year
2025.</DELETED>
<DELETED> (D) Formula safety incentive program.--To
carry out the formula safety incentive program under
section 172 of title 23, United States Code,
$500,000,000 for each of fiscal years 2021 through
2025.</DELETED>
<DELETED> (E) Fatality reduction performance
program.--To carry out the fatality reduction
performance program under section 173 of title 23,
United States Code, $100,000,000 for each of fiscal
years 2021 through 2025.</DELETED>
<DELETED> (F) Formula carbon reduction incentive
program.--To carry out the formula carbon reduction
incentive program under section 177 of title 23, United
States Code, $600,000,000 for each of fiscal years 2021
through 2025.</DELETED>
<DELETED> (G) Carbon reduction performance
program.--To carry out the carbon reduction performance
program under section 178 of title 23, United States
Code, $100,000,000 for each of fiscal years 2021
through 2025.</DELETED>
<DELETED> (H) PROTECT grants.--To carry out the
PROTECT grant program under section 179 of title 23,
United States Code, for each of fiscal years 2021
through 2025--</DELETED>
<DELETED> (i) $786,000,000 for formula
awards to States under subsection (c) of that
section; and</DELETED>
<DELETED> (ii) $200,000,000 for competitive
grants under subsection (d) of that section, of
which not less than $20,000,000 shall be for
planning grants under paragraph (3) of that
subsection.</DELETED>
<DELETED> (I) Reduction of truck emissions at port
facilities.--</DELETED>
<DELETED> (i) In general.--To carry out the
reduction of truck emissions at port facilities
under section 1402--</DELETED>
<DELETED> (I) $60,000,000 for fiscal
year 2021;</DELETED>
<DELETED> (II) $70,000,000 for
fiscal year 2022;</DELETED>
<DELETED> (III) $70,000,000 for
fiscal year 2023;</DELETED>
<DELETED> (IV) $80,000,000 for
fiscal year 2024; and</DELETED>
<DELETED> (V) $90,000,000 for fiscal
year 2025.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (J) Nationally significant federal lands
and tribal projects.--</DELETED>
<DELETED> (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),
$50,000,000 for each of fiscal years 2021
through 2025.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) General fund.--</DELETED>
<DELETED> (A) Bridge investment program.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (I) $600,000,000 for
fiscal year 2021;</DELETED>
<DELETED> (II) $640,000,000 for
fiscal year 2022;</DELETED>
<DELETED> (III) $650,000,000 for
fiscal year 2023;</DELETED>
<DELETED> (IV) $675,000,000 for
fiscal year 2024; and</DELETED>
<DELETED> (V) $700,000,000 for
fiscal year 2025.</DELETED>
<DELETED> (ii) Allocation.--Amounts made
available under clause (i) shall be allocated
in the same manner as if made available under
paragraph (1)(A).</DELETED>
<DELETED> (B) Nationally significant federal lands
and tribal projects program.--</DELETED>
<DELETED> (i) In general.--In addition to
amounts made available under paragraph (1)(J),
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) $100,000,000 for each
of fiscal years 2021 through 2025, to remain
available for a period of 3 fiscal years
following the fiscal year for which the amounts
are appropriated.</DELETED>
<DELETED> (ii) Conforming amendment.--
Section 1123 of the FAST Act (23 U.S.C. 201
note; Public Law 114-94) is amended by striking
subsection (h).</DELETED>
<DELETED> (c) Research, Technology, and Education Authorizations.--
</DELETED>
<DELETED> (1) In general.--The following amounts are
authorized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account):</DELETED>
<DELETED> (A) Highway research and development
program.--To carry out section 503(b) of title 23,
United States Code, $153,431,378 for each of fiscal
years 2021 through 2025.</DELETED>
<DELETED> (B) Technology and innovation deployment
program.--To carry out section 503(c) of title 23,
United States Code, $135,000,000 for each of fiscal
years 2021 through 2025.</DELETED>
<DELETED> (C) Training and education.--To carry out
section 504 of title 23, United States Code--</DELETED>
<DELETED> (i) $25,000,000 for fiscal year
2021;</DELETED>
<DELETED> (ii) $26,000,000 for fiscal year
2022;</DELETED>
<DELETED> (iii) $27,000,000 for fiscal year
2023;</DELETED>
<DELETED> (iv) $27,000,000 for fiscal year
2024; and</DELETED>
<DELETED> (v) $27,000,000 for fiscal year
2025.</DELETED>
<DELETED> (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 2021 through 2025.</DELETED>
<DELETED> (E) University transportation centers
program.--To carry out section 5505 of title 49, United
States Code--</DELETED>
<DELETED> (i) $82,500,000 for fiscal year
2021;</DELETED>
<DELETED> (ii) $84,000,000 for fiscal year
2022;</DELETED>
<DELETED> (iii) $85,500,000 for fiscal year
2023;</DELETED>
<DELETED> (iv) $87,000,000 for fiscal year
2024; and</DELETED>
<DELETED> (v) $88,500,000 for fiscal year
2025.</DELETED>
<DELETED> (F) Bureau of transportation statistics.--
To carry out chapter 63 of title 49, United States
Code, $26,000,000 for each of fiscal years 2021 through
2025.</DELETED>
<DELETED> (2) Administration.--The Federal Highway
Administration shall--</DELETED>
<DELETED> (A) administer the programs described in
subparagraphs (A), (B), and (C) of paragraph (1);
and</DELETED>
<DELETED> (B) in consultation with relevant modal
administrations, administer the programs described in
paragraph (1)(D).</DELETED>
<DELETED> (3) Applicability of title 23, united states
code.--Amounts authorized to be appropriated by paragraph (1)
shall--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) remain available until expended and
not be transferable, except as otherwise provided by
this Act.</DELETED>
<DELETED> (d) Pilot Programs.--The following amounts are authorized
to be appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):</DELETED>
<DELETED> (1) Wildlife crossings pilot program.--For the
wildlife crossings pilot program under section 174 of title 23,
United States Code--</DELETED>
<DELETED> (A) $55,000,000 for fiscal year
2021;</DELETED>
<DELETED> (B) $60,000,000 for fiscal year
2022;</DELETED>
<DELETED> (C) $45,000,000 for fiscal year
2023;</DELETED>
<DELETED> (D) $45,000,000 for fiscal year 2024;
and</DELETED>
<DELETED> (E) $45,000,000 for fiscal year
2025.</DELETED>
<DELETED> (2) Prioritization process pilot program.--
</DELETED>
<DELETED> (A) In general.--For the prioritization
process pilot program under section 1205, $10,000,000
for each of fiscal years 2021 through 2025.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Disaster relief mobilization pilot program.--
</DELETED>
<DELETED> (A) In general.--For the disaster relief
mobilization pilot program under section 1505,
$1,000,000 for each of fiscal years 2021 through
2025.</DELETED>
<DELETED> (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, except that those amounts shall remain available
until expended.</DELETED>
<DELETED> (4) Community connectivity pilot program.--
</DELETED>
<DELETED> (A) Planning grants.--For planning grants
under the community connectivity pilot program under
section 1508(c)--</DELETED>
<DELETED> (i) $20,000,000 for fiscal year
2021;</DELETED>
<DELETED> (ii) $15,000,000 for fiscal year
2022;</DELETED>
<DELETED> (iii) $10,000,000 for fiscal year
2023;</DELETED>
<DELETED> (iv) $2,500,000 for fiscal year
2024; and</DELETED>
<DELETED> (v) $2,500,000 for fiscal year
2025.</DELETED>
<DELETED> (B) Capital construction grants.--For
capital construction grants under the community
connectivity pilot program under section 1508(d),
$14,000,000 for each of fiscal years 2021 through
2025.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Open challenge and research initiative pilot
program.--</DELETED>
<DELETED> (A) In general.--For the open challenge
and research proposal pilot program under section
3005(e), $15,000,000 for each of fiscal years 2021
through 2025.</DELETED>
<DELETED> (B) Treatment.--Amounts made available
under subparagraph (A) shall be available for
obligation and administered as if apportioned under
chapter 1 of title 23, United States Code.</DELETED>
<DELETED> (e) Disadvantaged Business Enterprises.--</DELETED>
<DELETED> (1) Findings.--Congress finds that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) the continuing barriers described in
subparagraph (A) merit the continuation of the
disadvantaged business enterprise program;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Definitions.--In this subsection:</DELETED>
<DELETED> (A) Small business concern.--</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (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 $25,790,000, as
adjusted annually by the Secretary for
inflation.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 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.</DELETED>
<DELETED> (4) Annual listing of disadvantaged business
enterprises.--Each State shall annually--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) notify the Secretary, in writing, of
the percentage of the small business concerns that are
controlled by--</DELETED>
<DELETED> (i) women;</DELETED>
<DELETED> (ii) socially and economically
disadvantaged individuals (other than women);
and</DELETED>
<DELETED> (iii) individuals who are women
and are otherwise socially and economically
disadvantaged individuals.</DELETED>
<DELETED> (5) Uniform certification.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Inclusions.--The minimum uniform
criteria established under subparagraph (A) shall
include, with respect to a potential small business
concern--</DELETED>
<DELETED> (i) on-site visits;</DELETED>
<DELETED> (ii) personal interviews with
personnel;</DELETED>
<DELETED> (iii) issuance or inspection of
licenses;</DELETED>
<DELETED> (iv) analyses of stock
ownership;</DELETED>
<DELETED> (v) listings of
equipment;</DELETED>
<DELETED> (vi) analyses of bonding
capacity;</DELETED>
<DELETED> (vii) listings of work
completed;</DELETED>
<DELETED> (viii) examination of the resumes
of principal owners;</DELETED>
<DELETED> (ix) analyses of financial
capacity; and</DELETED>
<DELETED> (x) analyses of the type of work
preferred.</DELETED>
<DELETED> (6) Reporting.--The Secretary shall establish
minimum requirements for use by State governments in reporting
to the Secretary--</DELETED>
<DELETED> (A) information concerning disadvantaged
business enterprise awards, commitments, and
achievements; and</DELETED>
<DELETED> (B) such other information as the
Secretary determines to be appropriate for the proper
monitoring of the disadvantaged business enterprise
program.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (8) Sense of congress on prompt payment of dbe
subcontractors.--It is the sense of Congress that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1102. OBLIGATION CEILING.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) $54,388,462,378 for fiscal year
2021;</DELETED>
<DELETED> (2) $55,483,447,378 for fiscal year
2022;</DELETED>
<DELETED> (3) $56,666,082,378 for fiscal year
2023;</DELETED>
<DELETED> (4) $57,930,317,378 for fiscal year 2024;
and</DELETED>
<DELETED> (5) $59,103,552,378 for fiscal year
2025.</DELETED>
<DELETED> (b) Exceptions.--The limitations under subsection (a)
shall not apply to obligations under or for--</DELETED>
<DELETED> (1) section 125 of title 23, United States
Code;</DELETED>
<DELETED> (2) section 147 of the Surface Transportation
Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat.
2714);</DELETED>
<DELETED> (3) section 9 of the Federal-Aid Highway Act of
1981 (95 Stat. 1701);</DELETED>
<DELETED> (4) subsections (b) and (j) of section 131 of the
Surface Transportation Assistance Act of 1982 (96 Stat.
2119);</DELETED>
<DELETED> (5) subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 198);</DELETED>
<DELETED> (6) sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2027);</DELETED>
<DELETED> (7) section 157 of title 23, United States Code
(as in effect on June 8, 1998);</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (13) section 119 of title 23, United States Code
(as in effect for fiscal years 2016 through 2020, but only in
an amount equal to $639,000,000 for each of those fiscal
years); and</DELETED>
<DELETED> (14) section 119 of title 23, United States Code
(but, for fiscal years 2021 through 2025, only in an amount
equal to $639,000,000 for each of those fiscal
years).</DELETED>
<DELETED> (c) Distribution of Obligation Authority.--For each of
fiscal years 2021 through 2025, the Secretary--</DELETED>
<DELETED> (1) shall not distribute obligation authority
provided by subsection (a) for the fiscal year for--</DELETED>
<DELETED> (A) amounts authorized for administrative
expenses and programs by section 104(a) of title 23,
United States Code; and</DELETED>
<DELETED> (B) amounts authorized for the Bureau of
Transportation Statistics;</DELETED>
<DELETED> (2) shall not distribute an amount of obligation
authority provided by subsection (a) that is equal to the
unobligated balance of amounts--</DELETED>
<DELETED> (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 202 or 204 of title 23, United
States Code); and</DELETED>
<DELETED> (B) for which obligation authority was
provided in a previous fiscal year;</DELETED>
<DELETED> (3) shall determine the proportion that--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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
sections 202 or 204 of that title, by multiplying--</DELETED>
<DELETED> (A) the proportion determined under
paragraph (3); by</DELETED>
<DELETED> (B) the amounts authorized to be
appropriated for each such program for the fiscal year;
and</DELETED>
<DELETED> (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 202 and 204 of that title)
in the proportion that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall, after August 1 of
each of fiscal years 2021 through 2025--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Applicability of Obligation Limitations to
Transportation Research Programs.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Exception.--Obligation authority made
available under paragraph (1) shall--</DELETED>
<DELETED> (A) remain available for a period of 4
fiscal years; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Redistribution of Certain Authorized Funds.--
</DELETED>
<DELETED> (1) In general.--Not later than 30 days after the
date of distribution of obligation authority under subsection
(c) for each of fiscal years 2021 through 2025, 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--</DELETED>
<DELETED> (A) are authorized to be appropriated for
the fiscal year for Federal-aid highway programs;
and</DELETED>
<DELETED> (B) the Secretary determines will not be
allocated to the States (or will not be apportioned to
the States under section 204 of title 23, United States
Code), and will not be available for obligation, for
the fiscal year because of the imposition of any
obligation limitation for the fiscal year.</DELETED>
<DELETED> (2) Ratio.--Funds shall be distributed under
paragraph (1) in the same proportion as the distribution of
obligation authority under subsection (c)(5).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1103. DEFINITIONS.</DELETED>
<DELETED> Section 101(a) of title 23, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (4)--</DELETED>
<DELETED> (A) in subparagraph (A), by inserting
``assessing resilience,'' after
``surveying,'';</DELETED>
<DELETED> (B) in subparagraph (G), by striking
``and'' at the end;</DELETED>
<DELETED> (C) by redesignating subparagraph (H) as
subparagraph (I); and</DELETED>
<DELETED> (D) by inserting after subparagraph (G)
the following:</DELETED>
<DELETED> ``(H) improvements that reduce the number
of wildlife-vehicle collisions, such as wildlife
crossing structures; and'';</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) by inserting after paragraph (16) the
following:</DELETED>
<DELETED> ``(17) Natural infrastructure.--The term `natural
infrastructure' means infrastructure that uses, restores, or
emulates natural ecological processes and--</DELETED>
<DELETED> ``(A) is created through the action of
natural physical, geological, biological, and chemical
processes over time;</DELETED>
<DELETED> ``(B) is created by human design,
engineering, and construction to emulate or act in
concert with natural processes; or</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (4) by inserting after paragraph (23) (as so
redesignated) the following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A)(i) to resist hazards or withstand
impacts from weather events and natural disasters;
or</DELETED>
<DELETED> ``(ii) to reduce the magnitude, duration,
or impact of a disruptive weather event or natural
disaster to a project; and</DELETED>
<DELETED> ``(B) to have the absorptive capacity,
adaptive capacity, and recoverability to decrease
project vulnerability to weather events or other
natural disasters.''; and</DELETED>
<DELETED> (5) in subparagraph (A) of paragraph (32) (as so
redesignated)--</DELETED>
<DELETED> (A) by striking the period at the end and
inserting ``; and'';</DELETED>
<DELETED> (B) by striking ``through the
implementation'' and inserting the following:
``through--</DELETED>
<DELETED> ``(i) the implementation'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(ii) the consideration of
incorporating natural
infrastructure.''.</DELETED>
<DELETED>SEC. 1104. APPORTIONMENT.</DELETED>
<DELETED> (a) Administrative Expenses.--Section 104(a) of title 23,
United States Code, is amended by striking paragraph (1) and inserting
the following:</DELETED>
<DELETED> ``(1) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) to be made available to the Secretary for
administrative expenses of the Federal Highway Administration--
</DELETED>
<DELETED> ``(A) $490,282,000 for fiscal year
2021;</DELETED>
<DELETED> ``(B) $499,768,000 for fiscal year
2022;</DELETED>
<DELETED> ``(C) $509,708,000 for fiscal year
2023;</DELETED>
<DELETED> ``(D) $520,084,000 for fiscal year 2024;
and</DELETED>
<DELETED> ``(E) $530,459,000 for fiscal year
2025.''.</DELETED>
<DELETED> (b) National Highway Freight Program.--Section 104(b)(5)
of title 23, United States Code, is amended by striking subparagraph
(B) and inserting the following:</DELETED>
<DELETED> ``(B) Total amount.--The total amount set
aside for the national highway freight program for all
States shall be--</DELETED>
<DELETED> ``(i) $1,625,000,000 for fiscal
year 2021;</DELETED>
<DELETED> ``(ii) $1,660,000,000 for fiscal
year 2022;</DELETED>
<DELETED> ``(iii) $1,700,000,000 for fiscal
year 2023;</DELETED>
<DELETED> ``(iv) $1,740,000,000 for fiscal
year 2024; and</DELETED>
<DELETED> ``(v) $1,775,000,000 for fiscal
year 2025.''.</DELETED>
<DELETED> (c) Calculation of Amounts.--Section 104(c) of title 23,
United States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) in the matter preceding subparagraph
(A), by striking ``each of fiscal years 2016 through
2020'' and inserting ``fiscal year 2021 and each fiscal
year thereafter'';</DELETED>
<DELETED> (B) in subparagraph (A)(ii)(I), by
striking ``fiscal year 2015'' and inserting ``fiscal
year 2020''; and</DELETED>
<DELETED> (C) by striking subparagraph (B) and
inserting the following:</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) attributable to
highway users in the State;
and</DELETED>
<DELETED> ``(II) associated with
taxes in effect on July 1, 2019, and
only up to the rate those taxes were in
effect on that date;</DELETED>
<DELETED> ``(ii) at least 2 percent greater
than the apportionment that the State received
for fiscal year 2020; and</DELETED>
<DELETED> ``(iii) at least 1 percent greater
than the apportionment that the State received
for the previous fiscal year.''; and</DELETED>
<DELETED> (2) in paragraph (2), by striking ``fiscal years
2016 through 2020'' and inserting ``fiscal year 2021 and each
fiscal year thereafter''.</DELETED>
<DELETED> (d) Supplemental Funds.--Section 104(h) of title 23,
United States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking subparagraph (A)
and inserting the following:</DELETED>
<DELETED> ``(A) Amount.--Before making an
apportionment for a fiscal year under subsection (c),
the Secretary shall reserve for the national highway
performance program under section 119 for that fiscal
year an amount equal to--</DELETED>
<DELETED> ``(i) $1,160,000,000 for fiscal
year 2021;</DELETED>
<DELETED> ``(ii) $1,184,000,000 for fiscal
year 2022;</DELETED>
<DELETED> ``(iii) $1,208,000,000 for fiscal
year 2023;</DELETED>
<DELETED> ``(iv) $1,233,000,000 for fiscal
year 2024; and</DELETED>
<DELETED> ``(v) $1,259,000,000 for fiscal
year 2025.''; and</DELETED>
<DELETED> (2) in paragraph (2), by striking subparagraph (A)
and inserting the following:</DELETED>
<DELETED> ``(A) Amount.--Before making an
apportionment for a fiscal year under subsection (c),
the Secretary shall reserve for the surface
transportation block grant program under section 133
for that fiscal year, pursuant to section 133(h)--
</DELETED>
<DELETED> ``(i) $1,200,000,000 for fiscal
year 2021;</DELETED>
<DELETED> ``(ii) $1,224,000,000 for fiscal
year 2022;</DELETED>
<DELETED> ``(iii) $1,248,000,000 for fiscal
year 2023;</DELETED>
<DELETED> ``(iv) $1,273,000,000 for fiscal
year 2024; and</DELETED>
<DELETED> ``(v) $1,299,000,000 for fiscal
year 2025.''.</DELETED>
<DELETED>SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.</DELETED>
<DELETED> Section 119 of title 23, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (2), by striking ``and''
at the end;</DELETED>
<DELETED> (B) in paragraph (3), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(4) to provide support for measures to increase
the resiliency of Federal-aid highways and bridges on and off
the National Highway System to mitigate the impacts of sea
level rise, extreme weather events, flooding, or other natural
disasters.''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(k) Protective Features.--</DELETED>
<DELETED> ``(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 off 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.</DELETED>
<DELETED> ``(2) Protective features described.--A protective
feature referred to in paragraph (1) may include--</DELETED>
<DELETED> ``(A) raising roadway grades;</DELETED>
<DELETED> ``(B) relocating roadways in a base
floodplain to higher ground above projected flood
elevation levels or away from slide prone
areas;</DELETED>
<DELETED> ``(C) stabilizing slide areas;</DELETED>
<DELETED> ``(D) stabilizing slopes;</DELETED>
<DELETED> ``(E) installing riprap;</DELETED>
<DELETED> ``(F) lengthening or raising bridges to
increase waterway openings;</DELETED>
<DELETED> ``(G) deepening channels to prevent
flooding;</DELETED>
<DELETED> ``(H) increasing the size or number of
drainage structures;</DELETED>
<DELETED> ``(I) replacing culverts with bridges or
upsizing culverts;</DELETED>
<DELETED> ``(J) repairing or maintaining tide
gates;</DELETED>
<DELETED> ``(K) installing seismic retrofits on
bridges;</DELETED>
<DELETED> ``(L) adding scour protection at
bridges;</DELETED>
<DELETED> ``(M) adding scour, stream stability,
coastal, or other hydraulic countermeasures, including
spur dikes;</DELETED>
<DELETED> ``(N) 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; and</DELETED>
<DELETED> ``(O) any other features that mitigate the
risk of recurring damage or the cost of future repair
as a result of extreme weather events, flooding, or
other natural disasters, as determined by the
Secretary.</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>SEC. 1106. EMERGENCY RELIEF.</DELETED>
<DELETED> Section 125 of title 23, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (a)(1), by inserting ``wildfire,
sea level rise,'' after ``severe storm'';</DELETED>
<DELETED> (2) by striking subsection (b) and inserting the
following:</DELETED>
<DELETED> ``(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
Federal, State, Tribal, or responsible local official because of
imminent danger of collapse due to a structural deficiency or physical
deterioration.''; and</DELETED>
<DELETED> (3) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (2)(A)--</DELETED>
<DELETED> (i) by striking the period at the
end and inserting ``; and''</DELETED>
<DELETED> (ii) by striking ``a facility that
meets the current'' and inserting the
following: ``a facility that--</DELETED>
<DELETED> ``(i) meets the current'';
and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(ii) incorporates economically
justifiable improvements designed to mitigate
the risk of recurring damage from extreme
weather events, flooding, or other natural
disasters.'';</DELETED>
<DELETED> (B) by redesignating paragraphs (3)
through (5) as paragraphs (4) through (6),
respectively; and</DELETED>
<DELETED> (C) by inserting after paragraph (2) the
following:</DELETED>
<DELETED> ``(3) Protective features.--</DELETED>
<DELETED> ``(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 is
designed to mitigate the risk of recurring damage, or
the cost of future repair, from extreme weather events,
flooding, or other natural disasters.</DELETED>
<DELETED> ``(B) Protective features described.--A
protective feature referred to in subparagraph (A) may
include--</DELETED>
<DELETED> ``(i) raising roadway
grades;</DELETED>
<DELETED> ``(ii) relocating roadways in a
base floodplain to higher ground above
projected flood elevation levels or away from
slide prone areas;</DELETED>
<DELETED> ``(iii) stabilizing slide
areas;</DELETED>
<DELETED> ``(iv) stabilizing
slopes;</DELETED>
<DELETED> ``(v) installing riprap;</DELETED>
<DELETED> ``(vi) lengthening or raising
bridges to increase waterway
openings;</DELETED>
<DELETED> ``(vii) deepening channels to
prevent flooding;</DELETED>
<DELETED> ``(viii) increasing the size or
number of drainage structures;</DELETED>
<DELETED> ``(ix) replacing culverts with
bridges or upsizing culverts;</DELETED>
<DELETED> ``(x) repairing or maintaining
tide gates;</DELETED>
<DELETED> ``(xi) installing seismic
retrofits on bridges;</DELETED>
<DELETED> ``(xii) adding scour protection at
bridges;</DELETED>
<DELETED> ``(xiii) adding scour, stream
stability, coastal, and other hydraulic
countermeasures, including spur
dikes;</DELETED>
<DELETED> ``(xiv) 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; and</DELETED>
<DELETED> ``(xv) any other features that
mitigate the risk of recurring damage or the
cost of future repair as a result of extreme
weather events, flooding, or other natural
disasters, as determined by the
Secretary.''.</DELETED>
<DELETED>SEC. 1107. FEDERAL SHARE PAYABLE.</DELETED>
<DELETED> Section 120(c) of title 23, United States Code, is amended
by adding at the end the following:</DELETED>
<DELETED> ``(4) Protective features.--</DELETED>
<DELETED> ``(A) In general.--Notwithstanding any
other provision of law, the Federal share payable for
the cost of a protective feature on a Federal-aid
highway or bridge project under this title may be up to
100 percent, at the discretion of the State, if the
protective feature is an improvement designed to
mitigate the risk of recurring damage, or the cost of
future repair, from extreme weather events, flooding,
or other natural disasters.</DELETED>
<DELETED> ``(B) Protective features described.--A
protective feature referred to in subparagraph (A) may
include--</DELETED>
<DELETED> ``(i) raising roadway
grades;</DELETED>
<DELETED> ``(ii) relocating roadways in a
base floodplain to higher ground above
projected flood elevation levels or away from
slide prone areas;</DELETED>
<DELETED> ``(iii) stabilizing slide
areas;</DELETED>
<DELETED> ``(iv) stabilizing
slopes;</DELETED>
<DELETED> ``(v) installing riprap;</DELETED>
<DELETED> ``(vi) lengthening or raising
bridges to increase waterway
openings;</DELETED>
<DELETED> ``(vii) deepening channels to
prevent flooding;</DELETED>
<DELETED> ``(viii) increasing the size or
number of drainage structures;</DELETED>
<DELETED> ``(ix) replacing culverts with
bridges or upsizing culverts;</DELETED>
<DELETED> ``(x) repairing or maintaining
tide gates;</DELETED>
<DELETED> ``(xi) installing seismic
retrofits on bridges;</DELETED>
<DELETED> ``(xii) adding scour protection at
bridges;</DELETED>
<DELETED> ``(xiii) adding scour, stream
stability, coastal, and other hydraulic
countermeasures, including spur
dikes;</DELETED>
<DELETED> ``(xiv) 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; and</DELETED>
<DELETED> ``(xv) any other features that
mitigate the risk of recurring damage or the
cost of future repair as a result of extreme
weather events, flooding, or other natural
disasters, as determined by the
Secretary.''.</DELETED>
<DELETED>SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS.</DELETED>
<DELETED> (a) In General.--Section 130(e) of title 23, United States
Code, is amended--</DELETED>
<DELETED> (1) in the heading, by striking ``Protective
Devices'' and inserting ``Railway-Highway Grade Crossings'';
and</DELETED>
<DELETED> (2) in paragraph (1)--</DELETED>
<DELETED> (A) in subparagraph (A), by striking
``crossings'' in the matter preceding clause (i) and
all that follows through ``2020.'' in clause (v) and
inserting the following: ``crossings and as described
in subparagraph (B), not less than $245,000,000 for
each of fiscal years 2021 through 2025.'';
and</DELETED>
<DELETED> (B) by striking subparagraph (B) and
inserting the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Federal Share.--Section 130(f)(3) of title 23, United
States Code, is amended by striking ``90 percent'' and inserting ``100
percent''.</DELETED>
<DELETED> (c) 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.</DELETED>
<DELETED> (d) 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.</DELETED>
<DELETED>SEC. 1109. SURFACE TRANSPORTATION BLOCK GRANT
PROGRAM.</DELETED>
<DELETED> (a) In General.--Section 133 of title 23, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (B)--
</DELETED>
<DELETED> (I) by adding ``or'' at
the end;</DELETED>
<DELETED> (II) by striking
``facilities eligible'' and inserting
the following: ``facilities--</DELETED>
<DELETED> ``(i) that are eligible'';
and</DELETED>
<DELETED> (III) by adding at the end
the following:</DELETED>
<DELETED> ``(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);'';</DELETED>
<DELETED> (ii) in subparagraph (E), by
striking ``and'' at the end;</DELETED>
<DELETED> (iii) in subparagraph (F), by
striking the period at the end and inserting
``; and''; and</DELETED>
<DELETED> (iv) by adding at the end the
following:</DELETED>
<DELETED> ``(G) wildlife crossing
structures.'';</DELETED>
<DELETED> (B) in paragraph (3), by inserting
``148(a)(4)(B)(xvii),'' after ``119(g),'';</DELETED>
<DELETED> (C) by redesignating paragraphs (4)
through (15) as paragraphs (5), (6), (7), (8), (9),
(10), (11), (12), (13), (15), (16), and (17),
respectively;</DELETED>
<DELETED> (D) by inserting after paragraph (3) the
following:</DELETED>
<DELETED> ``(4) Projects that use natural infrastructure
alone or in combination with other eligible projects to enhance
resilience of a transportation facility otherwise eligible for
assistance under this section.'';</DELETED>
<DELETED> (E) by inserting after paragraph (13) (as
so redesignated) the following:</DELETED>
<DELETED> ``(14) Projects and strategies designed to reduce
the number of wildlife-vehicle collisions, including project-
related planning, design, construction, monitoring, and
preventative maintenance.''; and</DELETED>
<DELETED> (F) by adding at the end the
following:</DELETED>
<DELETED> ``(18) Rural barge landing, dock, and waterfront
infrastructure projects in accordance with subsection
(j).'';</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (2), by striking
``paragraphs (4) through (11)'' and inserting
``paragraphs (5) through (12) and paragraph
(18)'';</DELETED>
<DELETED> (B) in paragraph (3), by striking ``and''
at the end;</DELETED>
<DELETED> (C) by redesignating paragraph (4) as
paragraph (5); and</DELETED>
<DELETED> (D) by inserting after paragraph (3) the
following:</DELETED>
<DELETED> ``(4) for a bridge project for the replacement of
a low water crossing (as defined by the Secretary) with a
bridge; and'';</DELETED>
<DELETED> (3) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (1)(A), 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 2021
through 2025''; and</DELETED>
<DELETED> (B) by striking paragraph (6);</DELETED>
<DELETED> (4) in subsection (e)(1), in the matter preceding
subparagraph (A), by striking ``fiscal years 2016 through
2020'' and inserting ``fiscal years 2021 through
2025'';</DELETED>
<DELETED> (5) in subsection (f)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by inserting ``or low water
crossing (as defined by the Secretary)'' after
``a highway bridge''; and</DELETED>
<DELETED> (ii) by inserting ``or low water
crossing (as defined by the Secretary)'' after
``other than a bridge'';</DELETED>
<DELETED> (B) in paragraph (2)(A), 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</DELETED>
<DELETED> (C) in paragraph (3), in the matter
preceding subparagraph (A)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (6) in subsection (g)(1), by striking ``fiscal
years 2016 through 2020'' and inserting ``fiscal years 2021
through 2025'';</DELETED>
<DELETED> (7) by adding at the end the following:</DELETED>
<DELETED> ``(j) Rural Barge Landing, Dock, and Waterfront
Infrastructure Projects.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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))--</DELETED>
<DELETED> ``(A) that is off the road system;
and</DELETED>
<DELETED> ``(B) for which the Secretary determines
there is a lack of adequate
infrastructure.''.</DELETED>
<DELETED> (b) Set-aside.--Section 133(h) of title 23, United States
Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1)(A), by striking clauses (i)
and (ii) and inserting the following:</DELETED>
<DELETED> ``(i) $1,200,000,000 for fiscal
year 2021;</DELETED>
<DELETED> ``(ii) $1,224,000,000 for fiscal
year 2022;</DELETED>
<DELETED> ``(iii) $1,248,000,000 for fiscal
year 2023;</DELETED>
<DELETED> ``(iv) $1,273,000,000 for fiscal
year 2024; and</DELETED>
<DELETED> ``(v) $1,299,000,000 for fiscal
year 2025; and'';</DELETED>
<DELETED> (2) by striking paragraph (2) and inserting the
following:</DELETED>
<DELETED> ``(2) Allocation within a state.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), funds reserved 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))--</DELETED>
<DELETED> ``(i) for each fiscal year, the
percentage specified in subsection (d)(1)(A)
shall be deemed to be 57.5 percent;
and</DELETED>
<DELETED> ``(ii) paragraph (3) of that
subsection shall not apply.</DELETED>
<DELETED> ``(B) Local control.--</DELETED>
<DELETED> ``(i) In general.--On approval of
a plan submitted to the Secretary that
describes the manner in which the plan will
maximize local control and the means by which
the State plans to comply with paragraph (8),
the State may allocate up to 100 percent of the
funds referred to in subparagraph (A)(i) to
counties and other local transportation
entities.</DELETED>
<DELETED> ``(ii) Requirement.--A State that
allocates funding under clause (i) to counties
and other local transportation entities shall
make available an equivalent amount of
obligation limitation to those counties and
other local transportation
entities.'';</DELETED>
<DELETED> (3) in paragraph (4)(B)--</DELETED>
<DELETED> (A) in clause (vii), by striking
``responsible'' and all that follows through
``programs'';</DELETED>
<DELETED> (B) in clause (viii), by inserting ``that
serves an urbanized population of over 200,000'' after
``metropolitan planning organization'';</DELETED>
<DELETED> (C) by redesignating clauses (vii) and
(viii) as clauses (viii) and (ix), respectively;
and</DELETED>
<DELETED> (D) by inserting after clause (vi) the
following:</DELETED>
<DELETED> ``(vii) a metropolitan planning
organization that serves an urbanized
population of 200,000 or fewer;'';</DELETED>
<DELETED> (4) in paragraph (6), by adding at the end the
following:</DELETED>
<DELETED> ``(C) Improving accessibility and
efficiency.--</DELETED>
<DELETED> ``(i) In general.--A State may
elect to use an amount equal to not more than 7
percent of the funds reserved 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--</DELETED>
<DELETED> ``(I) providing 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</DELETED>
<DELETED> ``(II) providing funding
for 1 or more full-time State employee
positions to administer this
subsection.</DELETED>
<DELETED> ``(ii) Use of funds.--Amounts used
under clause (i) may be expended--</DELETED>
<DELETED> ``(I) directly by the
State; or</DELETED>
<DELETED> ``(II) through contracts
with State agencies, private entities,
or nonprofit entities.'';</DELETED>
<DELETED> (5) by redesignating paragraph (7) as paragraph
(8); and</DELETED>
<DELETED> (6) by inserting after paragraph (6) the
following:</DELETED>
<DELETED> ``(7) Federal share.--</DELETED>
<DELETED> ``(A) Required aggregate non-federal
share.--</DELETED>
<DELETED> ``(i) In general.--The average
annual non-Federal share of the total cost of
all projects carried out under this subsection
in a State for a fiscal year shall be not less
than the non-Federal share authorized for the
State under section 120(b).</DELETED>
<DELETED> ``(ii) Single projects.--Subject
to clause (i), the Federal share of the total
cost of a single project carried out under this
subsection may be up to 100 percent.</DELETED>
<DELETED> ``(B) Flexible financing.--Subject to
subparagraph (A), notwithstanding section 120--
</DELETED>
<DELETED> ``(i) funds made available to
carry out section 148 may be credited toward
the non-Federal share of the costs of a project
type under this subsection that the Secretary
determines to have an expected safety benefit;
and</DELETED>
<DELETED> ``(ii) the non-Federal share for a
project under this subsection may be calculated
on a project, multiple-project, or program
basis.''.</DELETED>
<DELETED>SEC. 1110. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY
PROJECTS.</DELETED>
<DELETED> (a) In General.--Section 117 of title 23, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)(2)--</DELETED>
<DELETED> (A) in subparagraph (A), by inserting ``in
and across rural and urban areas'' after ``people'';
and</DELETED>
<DELETED> (B) in subparagraph (F), by inserting ``,
including highways that support movement of energy
equipment'' after ``security'';</DELETED>
<DELETED> (2) in subsection (b), by adding at the end the
following:</DELETED>
<DELETED> ``(3) Grant administration.--The Secretary may--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (3) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (1)(A)--</DELETED>
<DELETED> (i) in clause (iii)(II), by
striking ``or'' at the end;</DELETED>
<DELETED> (ii) in clause (iv), by striking
``and'' at the end and inserting ``or'';
and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(v) a wildlife crossing project;
and'';</DELETED>
<DELETED> (B) in paragraph (2)(A), in the matter
preceding clause (i)--</DELETED>
<DELETED> (i) by striking ``$500,000,000''
and inserting ``30 percent''; and</DELETED>
<DELETED> (ii) by striking ``fiscal years
2016 through 2020, in the aggregate,'' and
inserting ``each of fiscal years 2021 through
2025''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(3) Critical rural state interstate projects.--
</DELETED>
<DELETED> ``(A) Requirement.--Not less than
$500,000,000 of the amounts made available for grants
under this section for fiscal years 2021 through 2025,
in the aggregate, shall be used to make grants for
Interstate interchange projects between 2 routes on the
Interstate System that--</DELETED>
<DELETED> ``(i) are located in a State--
</DELETED>
<DELETED> ``(I) with a population
density of not more than 80 persons per
square mile of land area, based on the
2010 census; and</DELETED>
<DELETED> ``(II) that has 3 or fewer
Interstate interchanges between 2
routes on the Interstate System;
and</DELETED>
<DELETED> ``(ii) are projects that--
</DELETED>
<DELETED> ``(I) address a freight
system need identified in a State
freight plan under section 70202 of
title 49 (referred to in this paragraph
as a `State freight plan');</DELETED>
<DELETED> ``(II) address a freight
mobility issue identified in a State
freight plan; or</DELETED>
<DELETED> ``(III) are identified in
a State freight plan.</DELETED>
<DELETED> ``(B) Inclusion in state freight plan.--A
project described in subparagraph (A)(ii)(III) may
include a project listed in the freight investment plan
required under section 70202(b)(9) of title
49.</DELETED>
<DELETED> ``(C) Unutilized amounts.--If, in fiscal
year 2025, the Secretary determines that grants under
this paragraph will not allow for the amount reserved
under subparagraph (A) to be fully utilized, the
Secretary shall use the unutilized amounts to make
other grants under this section during that fiscal
year.</DELETED>
<DELETED> ``(4) Critical urban state projects.--</DELETED>
<DELETED> ``(A) Requirement.--Not less than
$500,000,000 of the amounts made available for grants
under this section for fiscal years 2021 through 2025,
in the aggregate, shall be used to make grants to
eligible projects that are located in a State with a
population density of not less than 400 persons per
square mile of land area, based on the 2010
census.</DELETED>
<DELETED> ``(B) Inclusion in state freight plan.--A
project described in subparagraph (A) may include a
project listed in the freight investment plan required
under section 70202(b)(9) of title 49.</DELETED>
<DELETED> ``(C) Unutilized amounts.--If, in fiscal
year 2025, the Secretary determines that grants under
this paragraph will not allow for the amount reserved
under subparagraph (A) to be fully utilized, the
Secretary shall use the unutilized amounts to make
other grants under this section during that fiscal
year.'';</DELETED>
<DELETED> (4) in subsection (e)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``10
percent'' and inserting ``not less than 15
percent'';</DELETED>
<DELETED> (B) in paragraph (3)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``and'' at the end;</DELETED>
<DELETED> (ii) in subparagraph (B), by
striking the period at the end and inserting
``; and''; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(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)).'';</DELETED>
<DELETED> (5) in subsection (h)--</DELETED>
<DELETED> (A) in paragraph (2), by striking ``and''
at the end;</DELETED>
<DELETED> (B) in paragraph (3), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (6) in subsection (i)(2), by striking ``other
grants under this section'' and inserting ``grants under
subsection (e)'';</DELETED>
<DELETED> (7) in subsection (j)--</DELETED>
<DELETED> (A) by striking the subsection designation
and heading and all that follows through ``The Federal
share'' in paragraph (1) and inserting the
following:</DELETED>
<DELETED> ``(j) Federal Assistance.--</DELETED>
<DELETED> ``(1) Federal share.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B) or for a grant under subsection (q),
the Federal share'';</DELETED>
<DELETED> (B) in paragraph (1), by adding at the end
the following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (C) in paragraph (2)--</DELETED>
<DELETED> (i) by striking ``Federal
assistance other'' and inserting ``Except for
grants under subsection (q), Federal assistance
other''; and</DELETED>
<DELETED> (ii) by striking ``except that the
total Federal'' and inserting the following:
``except that--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) for a State not described in
subparagraph (A), the total Federal'';</DELETED>
<DELETED> (8) by redesignating subsections (k) through (n)
as subsections (l), (m), (n), and (p), respectively;</DELETED>
<DELETED> (9) by inserting after subsection (j) the
following:</DELETED>
<DELETED> ``(k) Efficient Use of Non-federal Funds.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the grant recipient may obligate and
expend non-Federal funds with respect to the project
for which the grant is provided; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Requirements.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) a description of the
activities the grant recipient intends to
fund;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(iii) the level of risk of the
activities described in clause (i).</DELETED>
<DELETED> ``(B) Approval.--The Secretary shall
approve or disapprove each request submitted under
subparagraph (A).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Effect.--The obligation or expenditure of
any non-Federal funds in accordance with this subsection shall
not--</DELETED>
<DELETED> ``(A) affect the signing of a grant
agreement or other applicable grant procedures with
respect to the applicable grant;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) affect the ability of 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).'';</DELETED>
<DELETED> (10) by inserting after subsection (n) (as so
redesignated) the following:</DELETED>
<DELETED> ``(o) Applicant Notification.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Inclusion.--A written notification under
paragraph (1) shall include an offer for a written or
telephonic debrief by the Secretary that will provide--
</DELETED>
<DELETED> ``(A) detail on the evaluation of the
application of the eligible applicant; and</DELETED>
<DELETED> ``(B) an explanation of and guidance on
the reasons the application was not selected for a
grant under this section.</DELETED>
<DELETED> ``(3) Response.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (11) by striking subsection (p) (as so
redesignated) and inserting the following:</DELETED>
<DELETED> ``(p) Reports.--</DELETED>
<DELETED> ``(1) Annual report.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Inclusions.--The report submitted
under subparagraph (A) shall specify each criterion
established by the Secretary that the project
meets.</DELETED>
<DELETED> ``(C) Availability.--The Secretary shall
make available on the website of the Department of
Transportation the report submitted under subparagraph
(A).</DELETED>
<DELETED> ``(D) Applicability.--This paragraph
applies to all projects described in subparagraph (A)
that the Secretary selects on or after January 1,
2019.</DELETED>
<DELETED> ``(2) Comptroller general.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Report.--Not later than 1 year after
the date of enactment of the America's Transportation
Infrastructure Act of 2019 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--</DELETED>
<DELETED> ``(i) the process by which each
project was selected;</DELETED>
<DELETED> ``(ii) the factors that went into
the selection of each project; and</DELETED>
<DELETED> ``(iii) the justification for the
selection of each project based on any criteria
established by the Secretary in accordance with
this section.</DELETED>
<DELETED> ``(3) Inspector general.--Not later than 1 year
after the date of enactment of the America's Transportation
Infrastructure Act of 2019 and annually thereafter, the
Inspector General of the Department of Transportation shall--
</DELETED>
<DELETED> ``(A) conduct an assessment of the
establishment, solicitation, selection, and
justification process with respect to the funding of
projects under this section; and</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(q) State Incentives Pilot Program.--</DELETED>
<DELETED> ``(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').</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Federal share.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) No federal involvement.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Reservation.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Set-asides.--</DELETED>
<DELETED> ``(A) Small projects.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(ii) Requirement.--For a grant
awarded from the amount reserved under clause
(i)--</DELETED>
<DELETED> ``(I) the requirements of
subsection (e) shall apply;
and</DELETED>
<DELETED> ``(II) the requirements of
subsection (g) shall not
apply.</DELETED>
<DELETED> ``(B) Rural projects.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(ii) Requirement.--For a grant
awarded from the amount reserved under clause
(i), the requirements of subsection (i) shall
apply.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) the number, types, and locations of
eligible applicants that have applied for grants under
the pilot program;</DELETED>
<DELETED> ``(B) the number, types, and locations of
grant recipients under the pilot program;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) any recommendations for
modifications to the pilot program.''.</DELETED>
<DELETED> (b) Efficient Use of Non-Federal Funds.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Grant described.--A grant referred to in
paragraph (1) is a grant that is--</DELETED>
<DELETED> (A) provided under a competitive
discretionary grant program administered by the Federal
Highway Administration;</DELETED>
<DELETED> (B) for a project eligible under title 23,
United States Code; and</DELETED>
<DELETED> (C) in an amount greater than
$5,000,000.</DELETED>
<DELETED>SEC. 1111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.</DELETED>
<DELETED> Section 148 of title 23, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (4)(B)--</DELETED>
<DELETED> (i) in clause (xxviii), by
striking ``through (xxvii)'' and inserting
``through (xxviii)'';</DELETED>
<DELETED> (ii) by redesignating clause
(xxviii) as clause (xxix); and</DELETED>
<DELETED> (iii) by inserting after clause
(xxvii) the following:</DELETED>
<DELETED> ``(xxviii) Leading pedestrian
intervals.'';</DELETED>
<DELETED> (B) by redesignating paragraphs (10)
through (12) as paragraphs (11) through (13),
respectively; and</DELETED>
<DELETED> (C) by inserting after paragraph (9) the
following:</DELETED>
<DELETED> ``(10) Safety project under any other section.--
</DELETED>
<DELETED> ``(A) In general.--The term `safety
project under any other section' means a project
carried out for the purpose of safety under any other
section of this title.</DELETED>
<DELETED> ``(B) Inclusion.--The term `safety project
under any other section' includes a project, consistent
with the State strategic highway safety plan, that--
</DELETED>
<DELETED> ``(i) promotes public awareness
and informs the public regarding highway safety
matters (including motorcycle
safety);</DELETED>
<DELETED> ``(ii) facilitates enforcement of
traffic safety laws;</DELETED>
<DELETED> ``(iii) provides infrastructure
and infrastructure-related equipment to support
emergency services; or</DELETED>
<DELETED> ``(iv) conducts safety-related
research to evaluate experimental safety
countermeasures or equipment.'';</DELETED>
<DELETED> (2) in subsection (c)(1)(A), by striking
``subsections (a)(11)'' and inserting ``subsections
(a)(12)'';</DELETED>
<DELETED> (3) in subsection (d)(2)(B)(i), by striking
``subsection (a)(11)'' and inserting ``subsection (a)(12)'';
and</DELETED>
<DELETED> (4) in subsection (e), by adding at the end the
following:</DELETED>
<DELETED> ``(3) Flexible funding for safety projects under
any other section.--</DELETED>
<DELETED> ``(A) In general.--To advance the
implementation of a State strategic highway safety
plan, a State may use not more than 25 percent of the
amounts apportioned to the State under section
104(b)(3) for a fiscal year to carry out safety
projects under any other section.</DELETED>
<DELETED> ``(B) Other transportation and highway
safety plans.--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.''.</DELETED>
<DELETED>SEC. 1112. FEDERAL LANDS TRANSPORTATION PROGRAM.</DELETED>
<DELETED> Section 203(a) of title 23, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) in subparagraph (B), by adding ``and''
at the end;</DELETED>
<DELETED> (B) in subparagraph (C), by striking ``;
and'' and inserting a period; and</DELETED>
<DELETED> (C) in subparagraph (D), by striking
``$10,000,000'' and inserting ``$20,000,000'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(6) Native plant materials.--In carrying out an
activity described in paragraph (1), the entity carrying out
the activity shall consider--</DELETED>
<DELETED> ``(A) the use of locally adapted native
plant materials; and</DELETED>
<DELETED> ``(B) designs that minimize runoff and
heat generation.''.</DELETED>
<DELETED>SEC. 1113. FEDERAL LANDS ACCESS PROGRAM.</DELETED>
<DELETED> Section 204(a) of title 23, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (1)(A)--</DELETED>
<DELETED> (A) in the matter preceding clause (i), by
inserting ``context-sensitive solutions,'' after
``restoration,'';</DELETED>
<DELETED> (B) in clause (i), by inserting ``,
including interpretive panels in or adjacent to those
areas'' after ``areas'';</DELETED>
<DELETED> (C) in clause (v), by striking ``and'' at
the end;</DELETED>
<DELETED> (D) by redesignating clause (vi) as clause
(ix); and</DELETED>
<DELETED> (E) by inserting after clause (v) the
following:</DELETED>
<DELETED> ``(vi) contextual wayfinding
markers;</DELETED>
<DELETED> ``(vii) landscaping;</DELETED>
<DELETED> ``(viii) cooperative mitigation of
visual blight, including screening or removal;
and''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the use of locally adapted native
plant materials; and</DELETED>
<DELETED> ``(B) designs that minimize runoff and
heat generation.''.</DELETED>
<DELETED>SEC. 1114. NATIONAL HIGHWAY FREIGHT PROGRAM.</DELETED>
<DELETED> Section 167 of title 23, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (e)--</DELETED>
<DELETED> (A) in paragraph (2), by striking ``150
miles'' and inserting ``300 miles''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (2) in subsection (f)(4), by striking ``75 miles''
and inserting ``150 miles''; and</DELETED>
<DELETED> (3) in subsection (i)(5)(B)--</DELETED>
<DELETED> (A) in the matter preceding clause (i), by
striking ``10 percent'' and inserting ``30
percent'';</DELETED>
<DELETED> (B) in clause (i), by striking ``and'' at
the end;</DELETED>
<DELETED> (C) in clause (ii), by striking the period
at the end and inserting a semicolon; and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(iii) for the modernization or
rehabilitation of a lock and dam, if the
Secretary determines that the project--
</DELETED>
<DELETED> ``(I) is functionally
connected to the National Highway
Freight Network; and</DELETED>
<DELETED> ``(II) is likely to reduce
on-road mobile source emissions;
and</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) is functionally
connected to the National Highway
Freight Network; and</DELETED>
<DELETED> ``(II) is likely to reduce
on-road mobile source
emissions.''.</DELETED>
<DELETED>SEC. 1115. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.</DELETED>
<DELETED> Section 149 of title 23, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``subsection (d)'' and inserting
``subsections (d) and (m)(1)(B)(ii)''</DELETED>
<DELETED> (B) in paragraph (8)(B), by striking
``or'' at the end;</DELETED>
<DELETED> (C) in paragraph (9), by striking the
period at the end and inserting a semicolon;
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(10) if the project is for the modernization or
rehabilitation of a lock and dam that--</DELETED>
<DELETED> ``(A) is functionally connected to the
Federal-aid highway system; and</DELETED>
<DELETED> ``(B) the Secretary determines is likely
to contribute to the attainment or maintenance of a
national ambient air quality standard; or</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) is functionally connected to the
Federal-aid highway system; and</DELETED>
<DELETED> ``(B) the Secretary determines is likely
to contribute to the attainment or maintenance of a
national ambient air quality standard.'';</DELETED>
<DELETED> (2) in subsection (c), by adding at the end the
following:</DELETED>
<DELETED> ``(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).''; and</DELETED>
<DELETED> (3) by striking subsection (m) and inserting the
following:</DELETED>
<DELETED> ``(m) Operating Assistance.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) under chapter 53 of title 49;
or</DELETED>
<DELETED> ``(B) on--</DELETED>
<DELETED> ``(i) a system for which CMAQ
funding was eligible, made available,
obligated, or expended in fiscal year 2012;
or</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(2) No time limitation.--Operating assistance
provided under paragraph (1) shall have no imposed time
limitation if the operating assistance is for--</DELETED>
<DELETED> ``(A) a route described in subparagraph
(B)(ii) of that paragraph; or</DELETED>
<DELETED> ``(B) a transit system that is located
in--</DELETED>
<DELETED> ``(i) a non-urbanized area;
or</DELETED>
<DELETED> ``(ii) an urbanized area with a
population of 200,000 or fewer.''.</DELETED>
<DELETED>SEC. 1116. NATIONAL SCENIC BYWAYS PROGRAM.</DELETED>
<DELETED> (a) Request for Nominations.--Not later than 90 days after
the date of enactment of this Act, the Secretary shall issue a request
for nominations with respect to roads to be designated under the
national scenic byways program, as described in section 162(a) of title
23, United States Code. The Secretary shall make the request for
nominations available on the appropriate website of the
Department.</DELETED>
<DELETED> (b) Designation Determinations.--Not later than 1 year
after the date on which the request for nominations required under
subsection (a) is issued, the Secretary shall make publicly available
on the appropriate website of the Department a list specifying the
roads, nominated pursuant to such request, to be designated under the
national scenic byways program.</DELETED>
<DELETED>SEC. 1117. ALASKA HIGHWAY.</DELETED>
<DELETED> Section 218 of title 23, United States Code, is amended to
read as follows:</DELETED>
<DELETED>``Sec. 218. Alaska Highway</DELETED>
<DELETED> ``(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 America's Transportation
Infrastructure Act of 2019) that provides, in part, that the Canadian
Government--</DELETED>
<DELETED> ``(1) will provide, without participation of funds
authorized under this title, all necessary right-of-way for the
reconstruction of such highways;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(5) will maintain such highways after their
completion in proper condition adequately to serve the needs of
present and future traffic.</DELETED>
<DELETED> ``(b) The survey and construction work undertaken in
Canada pursuant to this section shall be under the general supervision
of the Secretary.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 1118. TOLL ROADS, BRIDGES, TUNNELS, AND
FERRIES.</DELETED>
<DELETED> 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,''.</DELETED>
<DELETED>SEC. 1119. BRIDGE INVESTMENT PROGRAM.</DELETED>
<DELETED> (a) In General.--Chapter 1 of title 23, United States
Code, is amended by inserting after section 123 the
following:</DELETED>
<DELETED>``Sec. 124. Bridge investment program</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Eligible project.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(B) Inclusions.--The term `eligible
project' includes--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) a project to replace or
rehabilitate culverts for the purpose of
improving flood control and improved habitat
connectivity for aquatic species.</DELETED>
<DELETED> ``(2) Large project.--The term `large project'
means an eligible project with total eligible project costs of
greater than $100,000,000.</DELETED>
<DELETED> ``(3) Program.--The term `program' means the
bridge investment program established by subsection
(b)(1).</DELETED>
<DELETED> ``(b) Establishment of Bridge Investment Program.--
</DELETED>
<DELETED> ``(1) In general.--There is established a bridge
investment program to provide financial assistance for eligible
projects under this section.</DELETED>
<DELETED> ``(2) Goals.--The goals of the program shall be--
</DELETED>
<DELETED> ``(A) to improve the safety, efficiency,
and reliability of the movement of people and freight
over bridges;</DELETED>
<DELETED> ``(B) to improve the condition of bridges
in the United States by reducing--</DELETED>
<DELETED> ``(i) the number of bridges--
</DELETED>
<DELETED> ``(I) in poor condition;
or</DELETED>
<DELETED> ``(II) in fair condition
and at risk of falling into poor
condition within the next 3
years;</DELETED>
<DELETED> ``(ii) the total person miles
traveled over bridges--</DELETED>
<DELETED> ``(I) in poor condition;
or</DELETED>
<DELETED> ``(II) in fair condition
and at risk of falling into poor
condition within the next 3
years;</DELETED>
<DELETED> ``(iii) the number of bridges
that--</DELETED>
<DELETED> ``(I) do not meet current
geometric design standards;
or</DELETED>
<DELETED> ``(II) cannot meet the
load and traffic requirements typical
of the regional transportation network;
and</DELETED>
<DELETED> ``(iv) the total person miles
traveled over bridges that--</DELETED>
<DELETED> ``(I) do not meet current
geometric design standards;
or</DELETED>
<DELETED> ``(II) cannot meet the
load and traffic requirements typical
of the regional transportation network;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Grant Authority.--</DELETED>
<DELETED> ``(1) In general.--In carrying out the program,
the Secretary may award grants, on a competitive basis, in
accordance with this section.</DELETED>
<DELETED> ``(2) Grant amounts.--Except as otherwise
provided, a grant under the program shall be--</DELETED>
<DELETED> ``(A) in the case of a large project, in
an amount that is--</DELETED>
<DELETED> ``(i) adequate to fully fund the
project (in combination with other financial
resources identified in the application);
and</DELETED>
<DELETED> ``(ii) not less than $50,000,000;
and</DELETED>
<DELETED> ``(B) in the case of any other eligible
project, in an amount that is--</DELETED>
<DELETED> ``(i) adequate to fully fund the
project (in combination with other financial
resources identified in the application);
and</DELETED>
<DELETED> ``(ii) not less than
$2,500,000.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) in the case of a large project, not
more than 50 percent; and</DELETED>
<DELETED> ``(B) in the case of any other eligible
project, not more than 80 percent.</DELETED>
<DELETED> ``(4) Federal share.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Off-system bridges.--In the case of
an eligible project for an off-system bridge (as
defined in section 133(f)(1))--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) notwithstanding
subparagraph (A), the total Federal assistance
provided for the project shall not exceed 90
percent of the total eligible project
costs.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Considerations.--</DELETED>
<DELETED> ``(A) In general.--In awarding grants
under the program, the Secretary shall consider--
</DELETED>
<DELETED> ``(i) in the case of a large
project, the ratings assigned under subsection
(g)(5)(A);</DELETED>
<DELETED> ``(ii) in the case of an eligible
project other than a large project, the quality
rating assigned under subsection
(f)(3)(A)(ii);</DELETED>
<DELETED> ``(iii) the average daily person
and freight throughput supported by the
eligible project;</DELETED>
<DELETED> ``(iv) the number and percentage
of bridges within the same State as the
eligible project that are in poor
condition;</DELETED>
<DELETED> ``(v) the extent to which the
eligible project demonstrates cost savings by
bundling multiple bridge projects;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(vii) geographic diversity among
grant recipients, including the need for a
balance between the needs of rural and urban
communities; and</DELETED>
<DELETED> ``(viii) the extent to which a
bridge that would be assisted with a grant--
</DELETED>
<DELETED> ``(I) is, without that
assistance--</DELETED>
<DELETED> ``(aa) at risk of
falling into or remaining in
poor condition; or</DELETED>
<DELETED> ``(bb) in fair
condition and at risk of
falling into poor condition
within the next 3
years;</DELETED>
<DELETED> ``(II) does not meet
current geometric design standards
based on--</DELETED>
<DELETED> ``(aa) the current
use of the bridge; or</DELETED>
<DELETED> ``(bb) load and
traffic requirements typical of
the regional corridor or local
network in which the bridge is
located; or</DELETED>
<DELETED> ``(III) does not meet
current seismic design
standards.</DELETED>
<DELETED> ``(B) Requirement.--The Secretary shall--
</DELETED>
<DELETED> ``(i) give priority to an
application for an eligible project that is
located within a State for which--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) fewer than 2 grants
have been awarded for eligible projects
within the State under the
program;</DELETED>
<DELETED> ``(ii) during the period of fiscal
years 2021 through 2025, for each State
described in clause (i), select--</DELETED>
<DELETED> ``(I) not fewer than 1
large project that the Secretary
determines is justified under the
evaluation under subsection (g)(4);
or</DELETED>
<DELETED> ``(II) 2 eligible projects
that are not large projects that the
Secretary determines are justified
under the evaluation under subsection
(f)(3); and</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Eligible Entity.--The Secretary may make a grant
under the program to any of the following:</DELETED>
<DELETED> ``(1) A State or a group of States.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) A unit of local government or a group of
local governments.</DELETED>
<DELETED> ``(4) A political subdivision of a State or local
government.</DELETED>
<DELETED> ``(5) A special purpose district or public
authority with a transportation function.</DELETED>
<DELETED> ``(6) A Federal land management agency.</DELETED>
<DELETED> ``(7) A Tribal government or a consortium of
Tribal governments.</DELETED>
<DELETED> ``(8) A multistate or multijurisdictional group of
entities described in paragraphs (1) through (7).</DELETED>
<DELETED> ``(e) Eligible Project Requirements.--The Secretary may
make a grant under the program only to an eligible entity for an
eligible project that--</DELETED>
<DELETED> ``(1) in the case of a large project, the
Secretary recommends for funding in the annual report on
funding recommendations under subsection (g)(6);</DELETED>
<DELETED> ``(2) is reasonably expected to begin construction
not later than 18 months after the date on which funds are
obligated for the project; and</DELETED>
<DELETED> ``(3) is based on the results of preliminary
engineering.</DELETED>
<DELETED> ``(f) Competitive Process and Evaluation of Eligible
Projects Other Than Large Projects.--</DELETED>
<DELETED> ``(1) Competitive process.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) not later than 120 days
after the date on which the solicitation under
clause (i) expires, conduct evaluations under
paragraph (3).</DELETED>
<DELETED> ``(B) Requirements.--In carrying out
subparagraph (A), the Secretary shall--</DELETED>
<DELETED> ``(i) develop a template for
applicants to use to summarize project needs
and benefits, including benefits described in
paragraph (3)(B)(i); and</DELETED>
<DELETED> ``(ii) enable applicants to use
data from the National Bridge Inventory under
section 144(b) to populate templates described
in clause (i), as applicable.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Evaluation.--</DELETED>
<DELETED> ``(A) In general.--Prior to providing a
grant under this subsection, the Secretary shall--
</DELETED>
<DELETED> ``(i) conduct an evaluation of
each eligible project for which an application
is received under this subsection;
and</DELETED>
<DELETED> ``(ii) assign a quality rating to
the eligible project on the basis of the
evaluation under clause (i).</DELETED>
<DELETED> ``(B) Requirements.--In carrying out an
evaluation under subparagraph (A), the Secretary
shall--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(I) costs avoided by the
prevention of closure or reduced use of
the bridge to be improved by the
project;</DELETED>
<DELETED> ``(II) in the case of a
bundle of projects, benefits from
executing the projects as a bundle
compared to as individual
projects;</DELETED>
<DELETED> ``(III) safety benefits,
including the reduction of accidents
and related costs;</DELETED>
<DELETED> ``(IV) person and freight
mobility benefits, including congestion
reduction and reliability
improvements;</DELETED>
<DELETED> ``(V) national or regional
economic benefits;</DELETED>
<DELETED> ``(VI) benefits from long-
term resiliency to extreme weather
events, flooding, or other natural
disasters;</DELETED>
<DELETED> ``(VII) benefits from
protection (as described in section
133(b)(10)), including improving
seismic or scour protection;</DELETED>
<DELETED> ``(VIII) environmental
benefits, including wildlife
connectivity;</DELETED>
<DELETED> ``(IX) benefits to
nonvehicular and public transportation
users;</DELETED>
<DELETED> ``(X) benefits of using--
</DELETED>
<DELETED> ``(aa) innovative
design and construction
techniques; or</DELETED>
<DELETED> ``(bb) innovative
technologies; or</DELETED>
<DELETED> ``(XI) reductions in
maintenance costs, including, in the
case of a federally-owned bridge, cost
savings to the Federal budget;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(g) Competitive Process, Evaluation, and Annual Report
for Large Projects.--</DELETED>
<DELETED> ``(1) In general.--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).</DELETED>
<DELETED> ``(2) Information required.--The information
referred to in paragraph (1) includes--</DELETED>
<DELETED> ``(A) all necessary information required
for the Secretary to evaluate the large project;
and</DELETED>
<DELETED> ``(B) information sufficient for the
Secretary to determine that--</DELETED>
<DELETED> ``(i) the large project meets the
applicable requirements under this section;
and</DELETED>
<DELETED> ``(ii) there is a reasonable
likelihood that the large project will continue
to meet the requirements under this
section.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the eligible entity that submitted
the application;</DELETED>
<DELETED> ``(B) the Committee on Environment and
Public Works of the Senate; and</DELETED>
<DELETED> ``(C) the Committee on Transportation and
Infrastructure of the House of
Representatives.</DELETED>
<DELETED> ``(4) Evaluation.--The Secretary may recommend a
large project for funding in the annual report under paragraph
(6) only if the Secretary evaluates the proposed project and
determines that the project is justified because the project--
</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(B) will generate, as determined by the
Secretary--</DELETED>
<DELETED> ``(i) costs avoided by the
prevention of closure or reduced use of the
bridge to be improved by the project;</DELETED>
<DELETED> ``(ii) in the case of a bundle of
projects, benefits from executing the projects
as a bundle compared to as individual
projects;</DELETED>
<DELETED> ``(iii) safety benefits, including
the reduction of accidents and related
costs;</DELETED>
<DELETED> ``(iv) person and freight mobility
benefits, including congestion reduction and
reliability improvements;</DELETED>
<DELETED> ``(v) national or regional
economic benefits;</DELETED>
<DELETED> ``(vi) benefits from long-term
resiliency to extreme weather events, flooding,
or other natural disasters;</DELETED>
<DELETED> ``(vii) benefits from protection
(as described in section 133(b)(10)), including
improving seismic or scour
protection;</DELETED>
<DELETED> ``(viii) environmental benefits,
including wildlife connectivity;</DELETED>
<DELETED> ``(ix) benefits to nonvehicular
and public transportation users;</DELETED>
<DELETED> ``(x) benefits of using--
</DELETED>
<DELETED> ``(I) innovative design
and construction techniques;
or</DELETED>
<DELETED> ``(II) innovative
technologies; or</DELETED>
<DELETED> ``(xi) reductions in maintenance
costs, including, in the case of a federally-
owned bridge, cost savings to the Federal
budget;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(D) is supported by other Federal or
non-Federal financial commitments or revenues adequate
to fund ongoing maintenance and preservation;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Ratings.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) paragraph (4)(B);</DELETED>
<DELETED> ``(ii) paragraph (4)(C);
and</DELETED>
<DELETED> ``(iii) paragraph
(4)(D).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(6) Annual report on funding recommendations for
large projects.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(ii) the evaluation under
paragraph (4) and ratings under paragraph (5)
for each project referred to in clause
(i);</DELETED>
<DELETED> ``(iii) the grant amounts that the
Secretary recommends providing to large
projects in the next fiscal year, including--
</DELETED>
<DELETED> ``(I) scheduled payments
under previously signed multiyear grant
agreements under subsection
(j);</DELETED>
<DELETED> ``(II) payments for new
grant agreements, including single-year
grant agreements and multiyear grant
agreements; and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(iv) for each project for which
the Secretary recommends a new multiyear grant
agreement under subsection (j), the proposed
payout schedule for the project.</DELETED>
<DELETED> ``(B) Limitations.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) General fund projects.--The
Secretary--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) shall not execute a
grant agreement for that project
unless--</DELETED>
<DELETED> ``(aa) funds other
than from the Highway Trust
Fund have been made available
for the project; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Considerations.--In selecting
projects to recommend for funding in the annual report
under this paragraph, the Secretary shall--</DELETED>
<DELETED> ``(i) consider the amount of funds
available in future fiscal years for multiyear
grant agreements as described in subparagraph
(B); and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(i) the amount of the grant
requested; and</DELETED>
<DELETED> ``(ii) grants for an eligible
project for 1 bridge compared to an eligible
project that is a bundle of projects.</DELETED>
<DELETED> ``(h) Eligible Project Costs.--A grant received for an
eligible project under the program may be used for--</DELETED>
<DELETED> ``(1) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, preliminary engineering and design work,
and other preconstruction activities;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(3) expenses related to the protection (as
described in section 133(b)(10)) of a bridge, including seismic
or scour protection.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(j) Multiyear Grant Agreements for Large Projects.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Requirements.--A multiyear grant agreement
for a large project described in paragraph (1) shall--
</DELETED>
<DELETED> ``(A) establish the terms of participation
by the Federal Government in the project;</DELETED>
<DELETED> ``(B) establish the maximum amount of
Federal financial assistance for the project in
accordance with paragraphs (3) and (4) of subsection
(c);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(D) determine the period of time for
completing the project, even if that period extends
beyond the period of an authorization; and</DELETED>
<DELETED> ``(E) attempt to improve timely and
efficient management of the project, consistent with
all applicable Federal laws (including
regulations).</DELETED>
<DELETED> ``(3) Special financial rules.--</DELETED>
<DELETED> ``(A) In general.--A multiyear grant
agreement under this subsection--</DELETED>
<DELETED> ``(i) shall obligate an amount of
available budget authority specified in law;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Statement of contingent
commitment.--The agreement shall state that the
contingent commitment is not an obligation of the
Federal Government.</DELETED>
<DELETED> ``(C) Interest and other financing
costs.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) Certification.--The
applicant shall certify to the Secretary that
the applicant has shown reasonable diligence in
seeking the most favorable financing
terms.</DELETED>
<DELETED> ``(4) Advance payment.--Notwithstanding any other
provision of law, an eligible entity carrying out a large
project under a multiyear grant agreement--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(k) Undertaking Parts of Projects in Advance Under
Letters of No Prejudice.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) the activity is carried out without
Federal assistance and in accordance with all
applicable procedures and requirements.</DELETED>
<DELETED> ``(2) Interest and other financing costs.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(3) No obligation or influence on
recommendations.--An approval by the Secretary under paragraph
(1)(A) shall not--</DELETED>
<DELETED> ``(A) constitute an obligation of the
Federal Government; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(l) Federally-owned Bridges.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) shall consider options to divest the
bridge to a State or local entity after completion of
the project; and</DELETED>
<DELETED> ``(B) may apply jointly with the State or
local entity to which the bridge may be
divested.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) an evaluation and justification for the
eligible project; and</DELETED>
<DELETED> ``(2) the amount of the proposed grant.</DELETED>
<DELETED> ``(n) Reports.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) GAO assessment and report.--Not later than 3
years after the date of enactment of the America's
Transportation Infrastructure Act of 2019, the Comptroller
General of the United States shall--</DELETED>
<DELETED> ``(A) conduct an assessment of the
administrative establishment, solicitation, selection,
and justification process with respect to the funding
of grants under the program; and</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(i) the adequacy and fairness of
the process under which each eligible project
that received a grant under the program was
selected; and</DELETED>
<DELETED> ``(ii) the justification and
criteria used for the selection of each
eligible project.</DELETED>
<DELETED> ``(o) Limitation.--</DELETED>
<DELETED> ``(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 2021 through 2025, not less than 50 percent, in
aggregate, shall be used for large projects.</DELETED>
<DELETED> ``(2) Unutilized amounts.--If, in fiscal year
2025, 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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``124. Bridge investment program''.
<DELETED>SEC. 1120. SAFE ROUTES TO SCHOOL PROGRAM.</DELETED>
<DELETED> Section 1404 of SAFETEA-LU (23 U.S.C. 402 note; Public Law
109-59) is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``primary and
middle'' and inserting ``primary, middle, and high'';
and</DELETED>
<DELETED> (2) in subsection (k)(2)--</DELETED>
<DELETED> (A) in the heading, by striking ``Primary
and middle'' and inserting ``Primary, middle, and
high'';</DELETED>
<DELETED> (B) by striking ``primary and middle'' and
inserting ``primary, middle, and high''; and</DELETED>
<DELETED> (C) by striking ``eighth grade'' and
inserting ``12th grade''.</DELETED>
<DELETED>SEC. 1121. HIGHWAY USE TAX EVASION PROJECTS.</DELETED>
<DELETED> Section 143(b)(2)(A) of title 23, United States Code, is
amended by striking ``fiscal years 2016 through 2020'' and inserting
``fiscal years 2021 through 2025''.</DELETED>
<DELETED>SEC. 1122. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.</DELETED>
<DELETED> Section 147 of title 23, United States Code, is amended by
striking subsection (h) and inserting the following:</DELETED>
<DELETED> ``(h) Authorization of Appropriations.--There is
authorized to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section--</DELETED>
<DELETED> ``(1) $86,000,000 for fiscal year 2021;</DELETED>
<DELETED> ``(2) $87,000,000 for fiscal year 2022;</DELETED>
<DELETED> ``(3) $88,000,000 for fiscal year 2023;</DELETED>
<DELETED> ``(4) $89,000,000 for fiscal year 2024;
and</DELETED>
<DELETED> ``(5) $90,000,000 for fiscal year
2025.''.</DELETED>
<DELETED>SEC. 1123. BALANCE EXCHANGES FOR INFRASTRUCTURE
PROGRAM.</DELETED>
<DELETED> (a) In General.--Chapter 1 of title 23, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 171. Balance exchanges for infrastructure
program</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Administratively allocated.--The term
`administratively allocated' means the allocation by the
Secretary of budget authority for a project under the TIFIA
program that occurs when--</DELETED>
<DELETED> ``(A) a potential applicant has been
invited into the creditworthiness phase for a project
under the TIFIA program; or</DELETED>
<DELETED> ``(B) the project is subject to a master
credit agreement (as defined in section 601(a)), in
accordance with section 602(b)(2).</DELETED>
<DELETED> ``(2) Appalachian state.--The term `Appalachian
State' means a State that contains 1 or more counties in the
Appalachian region (as defined in section 14102(a) of title
40).</DELETED>
<DELETED> ``(3) Program.--The term `program' means the
Balance Exchanges for Infrastructure Program established under
subsection (b).</DELETED>
<DELETED> ``(4) TIFIA carryover balance.--</DELETED>
<DELETED> ``(A) In general.--The term `TIFIA
carryover balance' means the amounts made available for
the TIFIA program for previous fiscal years that are
unobligated and have not been administratively
allocated.</DELETED>
<DELETED> ``(B) Inclusion.--The term `TIFIA
carryover balance' includes--</DELETED>
<DELETED> ``(i) the applicable amount of
contract authority for the amounts described in
subparagraph (A); and</DELETED>
<DELETED> ``(ii) the equivalent amount of
obligation limitation for the fiscal year in
which the Secretary makes a transfer under
subsection (f)(2).</DELETED>
<DELETED> ``(5) TIFIA program.--The term `TIFIA program' has
the meaning given the term in section 601(a).</DELETED>
<DELETED> ``(b) Establishment.--The Secretary shall establish a
program, to be known as the `Balance Exchanges for Infrastructure
Program', in accordance with this section to provide flexibility for
the Secretary and States to improve highway infrastructure.</DELETED>
<DELETED> ``(c) Offer to Fund Projects or Exchange Funds.--
</DELETED>
<DELETED> ``(1) Solicitation.--For each fiscal year for
which an amount is reserved under subsection (f)(1), the
Secretary shall--</DELETED>
<DELETED> ``(A) not later than December 1 of that
fiscal year--</DELETED>
<DELETED> ``(i) solicit requests from
Appalachian States to return amounts under
subsection (d)(1)(A); and</DELETED>
<DELETED> ``(ii) solicit applications from
Appalachian States for grants under subsection
(e); and</DELETED>
<DELETED> ``(B) require that, not later than 60 days
after the date of the solicitations under subparagraph
(A), each Appalachian State that elects to participate
in the program shall submit to the Secretary either--
</DELETED>
<DELETED> ``(i) a request that describes the
amount that the Appalachian State requests to
return under subsection (d)(1)(A); or</DELETED>
<DELETED> ``(ii) an application for a grant
under subsection (e).</DELETED>
<DELETED> ``(d) Exchange Agreements.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall enter into
an agreement with each Appalachian State that submits a request
under subsection (c)(1)(A)(i) under which--</DELETED>
<DELETED> ``(A) the Appalachian State shall return
to the Secretary all, or at the discretion of the
Appalachian State, a portion of, the unobligated
amounts from the Highway Trust Fund (including the
applicable amount of contract authority and an equal
amount of special no-year obligation limitation
associated with that contract authority) apportioned to
the Appalachian State for the Appalachian development
highway system under section 14501 of title 40 (but not
including any amounts made available by an
appropriations Act without an initial authorization);
and</DELETED>
<DELETED> ``(B) the Secretary shall transfer to the
Appalachian State, from amounts transferred to the
program under subsection (f)(2) for that fiscal year,
an amount (including the applicable amount of contract
authority and an equal amount of annual obligation
limitation) equal to the amount that the Appalachian
State returned under subparagraph (A) that shall be
used to carry out projects described in paragraph
(3).</DELETED>
<DELETED> ``(2) State limitation.--The amount of contract
authority returned by an Appalachian State under paragraph
(1)(A) may not exceed the amount of the special no-year
obligation limitation available to the Appalachian State prior
to the return of the special no-year obligation limitation
under that paragraph.</DELETED>
<DELETED> ``(3) Eligible projects.--</DELETED>
<DELETED> ``(A) In general.--A project eligible to
be carried out using funds transferred to an
Appalachian State under paragraph (1)(B) is a project
described in section 133(b).</DELETED>
<DELETED> ``(B) Federal share.--The Federal share of
the cost of a project carried out using funds
transferred to an Appalachian State under paragraph
(1)(B) shall be up to 100 percent, at the discretion of
the Appalachian State.</DELETED>
<DELETED> ``(C) Application of section 133.--Except
as otherwise provided in this paragraph, section 133
shall not apply to a project carried out using funds
transferred to an Appalachian State under paragraph
(1)(B).</DELETED>
<DELETED> ``(4) Total limitation.--For each fiscal year, the
total amount exchanged under paragraph (1) shall not exceed the
amount available to be transferred to the program under
subsection (f).</DELETED>
<DELETED> ``(5) Amounts exchanged.--For each fiscal year, if
the total amount requested by all Appalachian States to return
under paragraph (1)(A) is greater than the amount available to
be transferred to the program under subsection (f), the
Secretary shall exchange amounts under paragraph (1) based on
the proportion that--</DELETED>
<DELETED> ``(A) the amount requested to be returned
for the fiscal year by the Appalachian State; bears
to</DELETED>
<DELETED> ``(B) the amount requested to be returned
for the fiscal year by all Appalachian
States.</DELETED>
<DELETED> ``(e) Appalachian Development Highway System Corridor
Grants.--</DELETED>
<DELETED> ``(1) In general.--Using amounts returned to the
Secretary under subsection (d)(1)(A), the Secretary shall
provide grants of contract authority, to remain available until
expended, and subject to special no-year obligation limitation,
on a competitive basis to Appalachian States for eligible
projects described in paragraph (2).</DELETED>
<DELETED> ``(2) Eligible project.--A project eligible to be
carried out with a grant under this subsection is a project
that is--</DELETED>
<DELETED> ``(A) eligible under section 14501 of
title 40 as of the date of enactment of this section;
and</DELETED>
<DELETED> ``(B) reasonably expected to begin
construction by not later than 2 years after the date
of obligation of funds provided under this subsection
for the project.</DELETED>
<DELETED> ``(3) Application.--To be eligible to receive a
grant under this subsection, an Appalachian State shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may
require.</DELETED>
<DELETED> ``(4) Federal share.--The Federal share of the
cost of a project carried out using a grant provided under this
subsection shall be up to 100 percent, at the discretion of the
Appalachian State.</DELETED>
<DELETED> ``(5) Limitation.--An Appalachian State that
enters into an agreement to exchange funds under subsection (d)
for any fiscal year shall not be eligible to receive a grant
under this subsection.</DELETED>
<DELETED> ``(f) Transfer From TIFIA Program.--</DELETED>
<DELETED> ``(1) In general.--On October 1 of each fiscal
year, the Secretary shall reserve, for the purpose of funding
transfers under paragraph (2) until the transfers are
completed, the amount of TIFIA carryover balance that exceeds
the amount authorized to carry out the TIFIA program for that
fiscal year.</DELETED>
<DELETED> ``(2) Transfers.--For each fiscal year, not later
than 60 days after the date on which the Secretary receives the
responses to the solicitations under subsection (c)(1) or the
date on which the full appropriation for that fiscal year is
available, whichever is later, the Secretary shall transfer
from the TIFIA program to the program an amount of contract
authority and an equal amount of obligation limitation, to
remain available until expended, that is equal to the lesser
of--</DELETED>
<DELETED> ``(A) the total amount requested by all
Appalachian States for the fiscal year under subsection
(c)(1)(B)(i);</DELETED>
<DELETED> ``(B) the total amount requested by all
Appalachian States for grants under subsection
(c)(1)(B)(ii); and</DELETED>
<DELETED> ``(C) the amount reserved under paragraph
(1).''.</DELETED>
<DELETED> (b) 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:</DELETED>
<DELETED>``171. Balance exchanges for infrastructure program.''.
SEC. 1124. SAFETY INCENTIVE PROGRAMS.
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Formula safety incentive program.--Chapter 1
of title 23, United States Code (as amended by section
1123(a)), is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 172. Formula safety incentive program</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Metropolitan planning organization;
urbanized area.--The terms `metropolitan planning organization'
and `urbanized area' have the meaning given those terms in
section 134(b).</DELETED>
<DELETED> ``(2) Transportation management area.--The term
`transportation management area' means a transportation
management area identified or designated by the Secretary under
section 134(k)(1).</DELETED>
<DELETED> ``(3) Vulnerable road user.--The term `vulnerable
road user' means a nonmotorist (as that term is used in the
Fatality Analysis Reporting System of the National Highway
Traffic Safety Administration).</DELETED>
<DELETED> ``(4) Vulnerable road user safety focus area.--The
term `vulnerable road user safety focus area' means--</DELETED>
<DELETED> ``(A) an urbanized area with combined
fatality rate of vulnerable road users that is greater
than 1.5 per 100,000 individuals; or</DELETED>
<DELETED> ``(B) a State in which fatalities of
vulnerable road users combined represents not less than
15 percent of the total annual crash fatalities in the
State.</DELETED>
<DELETED> ``(b) Formula Funding Awards.--</DELETED>
<DELETED> ``(1) In general.--For each fiscal year, the
Secretary shall distribute among the States the amounts made
available to carry out this section for that fiscal year in
accordance with paragraph (2).</DELETED>
<DELETED> ``(2) Distribution.--The amount for each State
shall be determined by multiplying the total amount of funding
made available to carry out this section for the applicable
fiscal year by the ratio that--</DELETED>
<DELETED> ``(A) the total base apportionment for the
State under section 104(c); bears to</DELETED>
<DELETED> ``(B) the total base apportionments for
all States under section 104(c).</DELETED>
<DELETED> ``(c) Safety Supplemental.--</DELETED>
<DELETED> ``(1) In general.--A State shall use 50 percent of
the amount distributed to the State under subsection (b) for
each fiscal year to carry out the eligible activities under
paragraph (2).</DELETED>
<DELETED> ``(2) Eligible activities.--</DELETED>
<DELETED> ``(A) States.--Subject to paragraph
(4)(A), a State shall use the funds under paragraph (1)
for a highway safety improvement project or strategy
included on the State strategic highway safety plan (as
defined in section 148(a)) of the State.</DELETED>
<DELETED> ``(B) MPOs.--Subject to paragraph (4)(B),
a metropolitan planning organization that is required
to obligate funds under subsection (e) shall use the
funds under paragraph (1) for a highway safety
improvement project (as defined in section
148(a)).</DELETED>
<DELETED> ``(3) Federal share.--The Federal share of the
cost of a project carried out with funds under paragraph (1)
shall be determined in accordance with section 120.</DELETED>
<DELETED> ``(4) Limitation on flexibility.--</DELETED>
<DELETED> ``(A) States.--Notwithstanding paragraph
(2)(A), a State that is a vulnerable road user safety
focus area shall use the funds under paragraph (1) for
a highway safety improvement project (as defined in
section 148(a)) to improve the safety of vulnerable
road users, regardless of whether the project is
included on the State strategic highway safety plan (as
defined in section 148(a)) of the State.</DELETED>
<DELETED> ``(B) MPOs.--Notwithstanding paragraph
(2)(B), a metropolitan planning organization that is
required to obligate funds under subsection (e) that
contains an area designated as a vulnerable road user
safety focus area shall use the funds under paragraph
(1) for a highway safety improvement project (as
defined in section 148(a)) to improve the safety of
vulnerable road users.</DELETED>
<DELETED> ``(d) Safety Planning Incentive.--</DELETED>
<DELETED> ``(1) Vulnerable road user safety assessments.--
</DELETED>
<DELETED> ``(A) In general.--A State may, in
consultation with metropolitan planning organizations
within the State, develop and publish a State
vulnerable road user safety assessment described in
subparagraph (B).</DELETED>
<DELETED> ``(B) State vulnerable road user safety
assessment described.--A vulnerable road user safety
assessment referred to in subparagraph (A) is an
assessment of the safety performance of the State with
respect to vulnerable road users and the plan of the
State, developed in consultation with the metropolitan
planning organizations within the State, if any, to
improve the safety of vulnerable road users, which
shall--</DELETED>
<DELETED> ``(i) include the approximate
location within the State of each vulnerable
road user fatality during the most recently
reported 2-year period of final data from the
Fatality Analysis Reporting System of the
National Highway Traffic Safety Administration
and the operating speed of the roadway at that
location;</DELETED>
<DELETED> ``(ii) include the corridors
within the State on which a vulnerable road
user fatality has occurred during the most
recently reported 2-year period of final data
from the Fatality Analysis Reporting System of
the National Highway Traffic Safety
Administration and the operating speeds of
those corridors;</DELETED>
<DELETED> ``(iii) include a list of projects
within the State that primarily address the
safety of vulnerable road users that--
</DELETED>
<DELETED> ``(I) have been completed
during the 2 most recent fiscal years
prior to date of the publication of the
vulnerable road user safety assessment,
including the amount of funding that
has been dedicated to those projects,
described in total amounts and as a
percentage of total capital
expenditures;</DELETED>
<DELETED> ``(II) are planned to be
completed during the 2 fiscal years
following the date of the publication
of the vulnerable road user assessment,
including the amount of funding that
the State plans to be dedicated to
those projects, described in total
amounts and as a percentage of total
capital expenditures; and</DELETED>
<DELETED> ``(III) have the potential
to be included on the list described in
subclause (II) once the permitting and
approval processes for those projects
are complete, including the reason for
the delay in the completion of those
processes, if any; and</DELETED>
<DELETED> ``(iv) be reviewed and certified
by the Secretary to have met the requirements
of this subparagraph.</DELETED>
<DELETED> ``(2) Acceleration of safety project delivery.--
For each project identified by a State under paragraph
(1)(B)(iii)(III), to the maximum extent practicable, the
Secretary, in consultation with the State, shall use the
authority under section 1420 of the FAST Act (23 U.S.C. 101
note; Public Law 114-94) to accelerate delivery of the
project.</DELETED>
<DELETED> ``(3) Safety plan incentive.--A State shall use 50
percent of the amounts made available to the State under
subsection (b) for each fiscal year to carry out eligible
activities under paragraph (4).</DELETED>
<DELETED> ``(4) Eligible activities.--</DELETED>
<DELETED> ``(A) In general.--A State and any
metropolitan planning organization in the State that is
required to obligate funds under subsection (e) may use
funds under paragraph (3) for a project or strategy
described in subsection (b)(2).</DELETED>
<DELETED> ``(B) Additional eligibility incentive.--
In addition to the eligible activities under
subparagraph (A), a State and any metropolitan planning
organization in the State that is required to obligate
funds under subsection (e) may use the funds under
paragraph (3) for a project eligible under section
133(b) if--</DELETED>
<DELETED> ``(i) the State has, within the
fiscal year prior to the fiscal year in which
the Secretary is making the grant or by a
deadline established by the Secretary in the
fiscal year in which the Secretary is making
the grant, conducted and published a vulnerable
road user safety assessment described in
paragraph (1)(B) that has been approved by the
Secretary under clause (iv) of that paragraph;
or</DELETED>
<DELETED> ``(ii) for a State that has
previously published a vulnerable road user
safety assessment described in paragraph (1)(B)
that has been approved by the Secretary under
clause (iv) of that paragraph--</DELETED>
<DELETED> ``(I) the State has,
within the fiscal year prior to the
fiscal year in which the Secretary is
making the grant or by a deadline
established by the Secretary in the
fiscal year in which the Secretary is
making the grant, updated the estimates
described in clauses (i) and (ii) of
paragraph (1)(B); and</DELETED>
<DELETED> ``(II) the State and the
metropolitan planning organization
have, within the 4 fiscal years prior
to the fiscal year in which the
Secretary is making the grant or by a
deadline established by the Secretary
in the fiscal year in which the
Secretary is making the grant,
incorporated a vulnerable road user
safety assessment described in
paragraph (1)(B) into--</DELETED>
<DELETED> ``(aa) a long-
range transportation plan
developed by the metropolitan
planning organization under
section 134(c), if any;
and</DELETED>
<DELETED> ``(bb) the long-
range statewide transportation
plan developed by the State
under section
135(f)(1).</DELETED>
<DELETED> ``(5) Federal share.--The Federal share of the
cost of a project carried out using funds under paragraph (3)--
</DELETED>
<DELETED> ``(A) in the case of a State or
metropolitan planning organization within a State that
meets the requirements under paragraph (4)(B), may be
up to 100 percent, at the discretion of the State;
and</DELETED>
<DELETED> ``(B) in the case of a State or
metropolitan planning organization within a State that
is not described in subparagraph (A), shall be
determined in accordance with section 120.</DELETED>
<DELETED> ``(e) Suballocation Requirements.--</DELETED>
<DELETED> ``(1) In general.--For each fiscal year, of the
funds made available to a State under subsections (c) and (d)--
</DELETED>
<DELETED> ``(A) 65 percent of each amount shall be
obligated, in proportion to their relative shares of
the population of the State--</DELETED>
<DELETED> ``(i) in urbanized areas of the
State with an urbanized area population of over
200,000; and</DELETED>
<DELETED> ``(ii) in other areas of the
State; and</DELETED>
<DELETED> ``(B) the remainder may be obligated in
any area of the State.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Distribution among urbanized areas of over
200,000 population.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), the amount that a State is required
to obligate under paragraph (1)(A)(i) shall be
obligated in urbanized areas described in paragraph
(1)(A)(i) based on the relative population of the
areas.</DELETED>
<DELETED> ``(B) Other factors.--The State may
obligate the funds described in subparagraph (A) based
on other factors if--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) the Secretary grants the
request.</DELETED>
<DELETED> ``(4) Consultation in urbanized areas.--Before
obligating funds for an activity under subsections (c) or (d)
in an urbanized area that is not a transportation management
area, a State shall consult with any metropolitan planning
organization that represents the urbanized area prior to
determining which activities should be carried out.</DELETED>
<DELETED> ``(5) Consultation in rural areas.--Before
obligating funds for an eligible activity under subsections (c)
and (d) in a rural area, a State shall consult with any
regional transportation planning organization or metropolitan
planning organization that represents a rural area of the State
prior to determining which activities should be carried
out.</DELETED>
<DELETED>``Sec. 173. Fatality reduction performance program</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Metropolitan planning organization;
urbanized area.--The terms `metropolitan planning organization'
and `urbanized area' have the meaning given those terms in
section 134(b).</DELETED>
<DELETED> ``(2) Qualifying state.--The term `qualifying
State' means a State in which--</DELETED>
<DELETED> ``(A) the average fatality and serious
injury rates per 100,000,000 vehicle-miles-traveled
within the State during the 3-year period beginning on
January 1 of the fiscal year that was 3 years prior to
the fiscal year in which the Secretary is making the
grant under this section has grown more slowly or
declined, as compared to the average fatality and
serious injury rates per 100,000,000 vehicle-miles-
traveled within the State during the 3-year period
beginning on January 1 of the fiscal year that was 6
years prior to the fiscal year in which the Secretary
is making the grant under this section;</DELETED>
<DELETED> ``(B) the average annual number of serious
injuries and fatalities within the State, as measured
on a per capita basis, during the 3-year period
beginning on January 1 of the fiscal year that was 3
years prior to the fiscal year in which the Secretary
is making the grant under this section has grown more
slowly or declined, as compared to the average annual
number of serious injuries and fatalities within the
State, as measured on a per capita basis, during the 3-
year period beginning on January 1 of the fiscal year
that was 6 years prior to the fiscal year in which the
Secretary is making the grant under this
section;</DELETED>
<DELETED> ``(C) the average annual number of
fatalities within the State, as measured on a per
capita basis, during the 3-year period beginning on
January 1 of the fiscal year that was 3 years prior to
the fiscal year in which the Secretary is making the
grant under this section is less than \1/2\ of the
nationwide average annual per capita number of
fatalities during that period; or</DELETED>
<DELETED> ``(D)(i) the performance targets set by
the State under subsection (d)(1) of section 150, in
accordance with subsection (c)(4) of that section, in
the most recently completed performance cycle prior to
the year in which the Secretary is making the funds
available under this section demonstrate a reduction in
the number and rate of serious injuries and fatalities;
and</DELETED>
<DELETED> ``(ii) the State has met or exceeded the
performance targets described in clause (i).</DELETED>
<DELETED> ``(3) Qualifying unit of local government.--The
term `qualifying unit of local government' means a unit of
local government in an urbanized area served by a metropolitan
planning organization in which--</DELETED>
<DELETED> ``(A) the average fatality and serious
injury rates per 100,000,000 vehicle-miles-traveled
within the urbanized area during the 3-year period
beginning on January 1 of the fiscal year that was 3
years prior to the fiscal year in which the Secretary
is making the grant under this section has grown more
slowly or declined, as compared to the average fatality
and serious injury rates per 100,000,000 vehicle-miles-
traveled within the urbanized area during the 3-year
period beginning on January 1 of the fiscal year that
was 6 years prior to the fiscal year in which the
Secretary is making the grant under this
section;</DELETED>
<DELETED> ``(B) the average annual number of serious
injuries and fatalities within the urbanized area, as
measured on a per capita basis, during the 3-year
period beginning on January 1 of the fiscal year that
was 3 years prior to the fiscal year in which the
Secretary is making the grant under this section has
grown more slowly or declined, as compared to the
average annual per capita number of serious injuries
and fatalities within the urbanized area during the 3-
year period beginning on January 1 of the fiscal year
that was 6 years prior to the fiscal year in which the
Secretary is making the grant under this
section;</DELETED>
<DELETED> ``(C) the average annual number of
fatalities within the urbanized area, as measured on a
per capita basis, during the 3-year period beginning on
January 1 of the fiscal year that was 3 years prior to
the fiscal year in which the Secretary is making the
grant under this section is less than \1/2\ of the
nationwide average annual per capita number of
fatalities during that period; or</DELETED>
<DELETED> ``(D)(i) the performance targets set for
the urbanized area under section 150(c)(4), in
accordance with section 134(h)(2)(B)(i), in the most
recently completed performance cycle prior to the year
in which the Secretary is making the grant under this
section demonstrate a reduction in the number and rate
of serious injuries and fatalities; and</DELETED>
<DELETED> ``(ii) the urbanized area has met or
exceeded the performance targets described in clause
(i).</DELETED>
<DELETED> ``(4) Serious injuries and fatalities.--The term
`serious injuries and fatalities' means serious injuries and
fatalities, as measured in accordance with the measures
established under section 150(c)(4).</DELETED>
<DELETED> ``(b) Fatality Reduction Performance and Planning
Recognition Awards.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall establish a
competitive grant program to award grants to eligible entities
in recognition of the achievement of the eligible entity in
meeting the performance categories described in paragraph
(3)(A).</DELETED>
<DELETED> ``(2) Eligible entities.--The Secretary shall
distribute amounts under paragraph (1) to any of the
following:</DELETED>
<DELETED> ``(A) A qualifying State.</DELETED>
<DELETED> ``(B) A qualifying unit of local
government.</DELETED>
<DELETED> ``(3) Performance categories.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
select eligible entities to receive a grant under
paragraph (1) to recognize the achievement of the
eligible entity in meeting any of the following
performance categories:</DELETED>
<DELETED> ``(i) Significant progress in
reducing serious injuries and fatalities, as
measured on a per capita basis.</DELETED>
<DELETED> ``(ii) Significant progress in
reducing the rates of serious injuries and
fatalities per vehicle-mile traveled.</DELETED>
<DELETED> ``(iii) Having a per capita number
of serious injuries and fatalities that is
among the lowest of jurisdictions with
comparable population and surface
transportation system
characteristics.</DELETED>
<DELETED> ``(iv) Having a per vehicle-mile
traveled number of serious injuries and
fatalities that is among the lowest of
jurisdictions with comparable population and
surface transportation system
characteristics.</DELETED>
<DELETED> ``(v) Innovative safety planning
efforts and implementation of plans leading to
achievement with respect to the reduction of
serious injuries and fatalities.</DELETED>
<DELETED> ``(B) Merit based distribution.--In
selecting among eligible entities to receive grants
under paragraph (1) and the amounts of each of those
grants, the Secretary shall give priority to eligible
entities that have achieved the most significant levels
of reduction in serious injuries and fatalities, as
measured either on a per capita basis or per-vehicle
mile traveled basis.</DELETED>
<DELETED> ``(C) Multiple awards.--The Secretary
may--</DELETED>
<DELETED> ``(i) award a grant under
paragraph (1) to multiple eligible entities for
each performance category described in
subparagraph (A); and</DELETED>
<DELETED> ``(ii) recognize achievements in
each performance category described in
subparagraph (A)--</DELETED>
<DELETED> ``(I) in urban and rural
areas; and</DELETED>
<DELETED> ``(II) on the State and
local level.</DELETED>
<DELETED> ``(D) Repeat awards.--The Secretary may
not award a grant under this subsection to the same
eligible entity more than once during a 2-year
period.</DELETED>
<DELETED> ``(4) Award amount.--A grant under paragraph (1)
shall be in an amount--</DELETED>
<DELETED> ``(A) not less than $5,000,000;
and</DELETED>
<DELETED> ``(B) not more than $30,000,000.</DELETED>
<DELETED> ``(5) Eligible uses.--An eligible entity may use a
grant under paragraph (1) for--</DELETED>
<DELETED> ``(A) an activity eligible under this
title; or</DELETED>
<DELETED> ``(B) a project--</DELETED>
<DELETED> ``(i) to maintain the condition of
a Federal-aid highway, including routine
maintenance; or</DELETED>
<DELETED> ``(ii) that--</DELETED>
<DELETED> ``(I) responds to a
specific condition or event;
and</DELETED>
<DELETED> ``(II) restores a Federal-
aid highway to a functional state of
operations.</DELETED>
<DELETED> ``(6) Applications.--To be eligible to receive a
grant under paragraph (1), 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.</DELETED>
<DELETED> ``(7) Federal share.--The Federal share of the
cost of a project carried out using a grant under paragraph (1)
shall be, as determined at the discretion of the grant
recipient, up to 100 percent.''.</DELETED>
<DELETED> (2) Clerical amendment.--The analysis for chapter
1 of title 23, United States Code (as amended by section
1123(b)), is amended by inserting after the item relating to
section 171 the following:</DELETED>
<DELETED>``172. Formula safety incentive program.
<DELETED>``173. Fatality reduction performance program.''.
<DELETED> (b) Vulnerable Road User Research Plan.--</DELETED>
<DELETED> (1) Definitions.--In this subsection:</DELETED>
<DELETED> (A) Administrator.--The term
``Administrator'' means the Secretary of
Transportation, acting through the Administrator of the
Federal Highway Administration.</DELETED>
<DELETED> (B) Vulnerable road user.--The term
``vulnerable road user'' has the meaning given the term
in section 172(a) of title 23, United States
Code.</DELETED>
<DELETED> (2) 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--</DELETED>
<DELETED> (A) roadway safety improvements, including
traffic calming techniques and vulnerable road user
accommodations appropriate in a suburban arterial
context;</DELETED>
<DELETED> (B) the impacts of traffic speeds, and
access to low-traffic stress corridors, on safety and
rates of bicycling and walking;</DELETED>
<DELETED> (C) tools to evaluate the impact of
transportation improvements on projected rates and
safety of bicycling and walking; and</DELETED>
<DELETED> (D) other research areas to be determined
by the Administrator.</DELETED>
<DELETED> (3) Vulnerable road user assessments.--The
Administrator shall--</DELETED>
<DELETED> (A) review each vulnerable road user
safety assessment submitted by a State under section
172(c) 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</DELETED>
<DELETED> (B) in the first progress update under
paragraph (4)(B), provide--</DELETED>
<DELETED> (i) the results of the
determination described in subparagraph (A);
and</DELETED>
<DELETED> (ii) the recommendations of the
Secretary with respect to the collection and
reporting of data on the safety of vulnerable
road users.</DELETED>
<DELETED> (4) Submission; publication.--</DELETED>
<DELETED> (A) 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
paragraph (2).</DELETED>
<DELETED> (B) 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 subparagraph (A)--
</DELETED>
<DELETED> (i) updates on the progress and
findings of the research conducted pursuant to
the plan described in paragraph (2);
and</DELETED>
<DELETED> (ii) in the first submission under
this subparagraph, the results and
recommendations described in paragraph
(3)(B).</DELETED>
<DELETED>SEC. 1125. WILDLIFE CROSSING SAFETY.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (b) Wildlife Crossings Pilot Program.--</DELETED>
<DELETED> (1) In general.--Chapter 1 of title 23, United
States Code (as amended by section 1124(a)(1)), is amended by
adding at the end the following:</DELETED>
<DELETED>``Sec. 174. Wildlife crossings pilot program</DELETED>
<DELETED> ``(a) Finding.--Congress finds that greater adoption of
wildlife-vehicle collision safety countermeasures is in the public
interest because--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) wildlife-vehicle collisions--</DELETED>
<DELETED> ``(A) present a danger to--</DELETED>
<DELETED> ``(i) human safety; and</DELETED>
<DELETED> ``(ii) wildlife survival;
and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(3) the total annual cost associated with
wildlife-vehicle collisions has been estimated to be
$8,388,000,000; and</DELETED>
<DELETED> ``(4) wildlife-vehicle collisions are a major
threat to the survival of species, including birds, reptiles,
mammals, and amphibians.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) a reduction in the number of wildlife-
vehicle collisions; and</DELETED>
<DELETED> ``(2) in carrying out the purpose described in
paragraph (1), improved habitat connectivity for terrestrial
and aquatic species.</DELETED>
<DELETED> ``(c) Eligible Entities.--An entity eligible to apply for
a grant under the pilot program is--</DELETED>
<DELETED> ``(1) a State highway agency, or an equivalent of
that agency;</DELETED>
<DELETED> ``(2) a metropolitan planning organization (as
defined in section 134(b));</DELETED>
<DELETED> ``(3) a unit of local government;</DELETED>
<DELETED> ``(4) a regional transportation
authority;</DELETED>
<DELETED> ``(5) a special purpose district or public
authority with a transportation function, including a port
authority;</DELETED>
<DELETED> ``(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));</DELETED>
<DELETED> ``(7) a Federal land management agency;
or</DELETED>
<DELETED> ``(8) a group of any of the entities described in
paragraphs (1) through (7).</DELETED>
<DELETED> ``(d) Applications.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Considerations.--In selecting grant recipients under
the pilot program, the Secretary shall take into consideration the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Secondarily, the extent to which the
proposed project of an eligible entity is likely to accomplish
the following:</DELETED>
<DELETED> ``(A) Leveraging Federal investment by
encouraging non-Federal contributions to the project,
including projects from public-private
partnerships.</DELETED>
<DELETED> ``(B) Supporting local economic
development and improvement of visitation
opportunities.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(D) Provision of educational and
outreach opportunities.</DELETED>
<DELETED> ``(E) Monitoring and research to evaluate,
compare effectiveness of, and identify best practices
in, selected projects.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Use of Funds.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Grant administration.--</DELETED>
<DELETED> ``(A) In general.--A grant received under
the pilot program shall be administered by--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Partnerships.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) Eligible partners
described.--The eligible partners referred to
in clause (i) include--</DELETED>
<DELETED> ``(I) a metropolitan
planning organization (as defined in
section 134(b));</DELETED>
<DELETED> ``(II) a unit of local
government;</DELETED>
<DELETED> ``(III) a regional
transportation authority;</DELETED>
<DELETED> ``(IV) a special purpose
district or public authority with a
transportation function, including a
port authority;</DELETED>
<DELETED> ``(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));</DELETED>
<DELETED> ``(VI) a Federal land
management agency;</DELETED>
<DELETED> ``(VII) a foundation,
nongovernmental organization, or
institution of higher
education;</DELETED>
<DELETED> ``(VIII) a Federal,
Tribal, regional, or State government
entity; and</DELETED>
<DELETED> ``(IX) a group of any of
the entities described in subclauses
(I) through (VIII).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(h) Annual Report to Congress.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Contents.--The report under paragraph (1)
shall include--</DELETED>
<DELETED> ``(A) a detailed description of the
activities carried out under the pilot
program;</DELETED>
<DELETED> ``(B) an evaluation of the effectiveness
of the pilot program in meeting the purposes described
in subsection (b); and</DELETED>
<DELETED> ``(C) policy recommendations to improve
the effectiveness of the pilot program.''.</DELETED>
<DELETED> (2) Clerical amendment.--The analysis for chapter
1 of title 23, United States Code (as amended by section
1124(a)(2)) is amended by inserting after the item relating to
section 173 the following:</DELETED>
<DELETED>``174. Wildlife crossings pilot program.''.
<DELETED> (c) Wildlife Vehicle Collision Reduction and Habitat
Connectivity Improvement.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 175. Wildlife-vehicle collision reduction and habitat
connectivity improvement</DELETED>
<DELETED> ``(a) Study.--</DELETED>
<DELETED> ``(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').</DELETED>
<DELETED> ``(2) Contents.--</DELETED>
<DELETED> ``(A) Areas of study.--The study shall--
</DELETED>
<DELETED> ``(i) update and expand on, as
appropriate--</DELETED>
<DELETED> ``(I) the report entitled
`Wildlife Vehicle Collision Reduction
Study: 2008 Report to Congress';
and</DELETED>
<DELETED> ``(II) the document
entitled `Wildlife Vehicle Collision
Reduction Study: Best Practices Manual'
and dated October 2008; and</DELETED>
<DELETED> ``(ii) include--</DELETED>
<DELETED> ``(I) an assessment, as of
the date of the study, of--</DELETED>
<DELETED> ``(aa) the causes
of wildlife-vehicle
collisions;</DELETED>
<DELETED> ``(bb) the impact
of wildlife-vehicle collisions
on motorists and wildlife;
and</DELETED>
<DELETED> ``(cc) the impacts
of roads and traffic on habitat
connectivity for terrestrial
and aquatic species;
and</DELETED>
<DELETED> ``(II) solutions and best
practices for--</DELETED>
<DELETED> ``(aa) reducing
wildlife-vehicle collisions;
and</DELETED>
<DELETED> ``(bb) improving
habitat connectivity for
terrestrial and aquatic
species.</DELETED>
<DELETED> ``(B) Methods.--In carrying out the study,
the Secretary shall--</DELETED>
<DELETED> ``(i) conduct a thorough review of
research and data relating to--</DELETED>
<DELETED> ``(I) wildlife-vehicle
collisions; and</DELETED>
<DELETED> ``(II) habitat
fragmentation that results from
transportation
infrastructure;</DELETED>
<DELETED> ``(ii) survey current practices of
the Department of Transportation and State
departments of transportation to reduce
wildlife-vehicle collisions; and</DELETED>
<DELETED> ``(iii) consult with--</DELETED>
<DELETED> ``(I) appropriate experts
in the field of wildlife-vehicle
collisions; and</DELETED>
<DELETED> ``(II) appropriate experts
on the effects of roads and traffic on
habitat connectivity for terrestrial
and aquatic species.</DELETED>
<DELETED> ``(3) Report.--</DELETED>
<DELETED> ``(A) In general.--Not later than 18
months after the date of enactment of the America's
Transportation Infrastructure Act of 2019, the
Secretary shall submit to Congress a report on the
results of the study.</DELETED>
<DELETED> ``(B) Contents.--The report under
subparagraph (A) shall include--</DELETED>
<DELETED> ``(i) a description of--</DELETED>
<DELETED> ``(I) the causes of
wildlife-vehicle collisions;</DELETED>
<DELETED> ``(II) the impacts of
wildlife-vehicle collisions;</DELETED>
<DELETED> ``(III) the impacts of
roads and traffic on--</DELETED>
<DELETED> ``(aa) species
listed as threatened species or
endangered species under the
Endangered Species Act of 1973
(16 U.S.C. 1531 et
seq.);</DELETED>
<DELETED> ``(bb) species
identified by States as species
of greatest conservation
need;</DELETED>
<DELETED> ``(cc) species
identified in State wildlife
plans; and</DELETED>
<DELETED> ``(dd) medium and
small terrestrial and aquatic
species;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(iii) recommendations for
preventing wildlife-vehicle collisions,
including recommended best practices, funding
resources, or other recommendations for
addressing wildlife-vehicle collisions;
and</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) to address wildlife-
vehicle collisions; and</DELETED>
<DELETED> ``(II) to improve habitat
connectivity for terrestrial and
aquatic species.</DELETED>
<DELETED> ``(b) Workforce Development and Technical Training.--
</DELETED>
<DELETED> ``(1) In general.--Not later than 3 years after
the date of enactment of the America's Transportation
Infrastructure Act of 2019, 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--</DELETED>
<DELETED> ``(A) to reduce wildlife-vehicle
collisions; and</DELETED>
<DELETED> ``(B) to improve habitat connectivity for
terrestrial and aquatic species.</DELETED>
<DELETED> ``(2) Availability.--The Secretary shall--
</DELETED>
<DELETED> ``(A) make the series of courses developed
under paragraph (1) available for transportation and
fish and wildlife professionals; and</DELETED>
<DELETED> ``(B) update the series of courses not
less frequently than once every 2 years.</DELETED>
<DELETED> ``(c) Standardization of Wildlife Collision and Carcass
Data.--</DELETED>
<DELETED> ``(1) Standardized methodology.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Methodology.--In developing the
standardized methodology under subparagraph (A), the
Secretary shall--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) to the extent practicable,
identify and correct limitations of those
existing methodologies and sources of data
collection.</DELETED>
<DELETED> ``(C) Consultation.--In developing the
standardized methodology under subparagraph (A), the
Secretary shall consult with--</DELETED>
<DELETED> ``(i) the Secretary of the
Interior;</DELETED>
<DELETED> ``(ii) the Secretary of
Agriculture, acting through the Chief of the
Forest Service;</DELETED>
<DELETED> ``(iii) Tribal, State, and local
transportation and wildlife
authorities;</DELETED>
<DELETED> ``(iv) metropolitan planning
organizations (as defined in section
134(b));</DELETED>
<DELETED> ``(v) members of the American
Association of State Highway Transportation
Officials;</DELETED>
<DELETED> ``(vi) members of the Association
of Fish and Wildlife Agencies;</DELETED>
<DELETED> ``(vii) experts in the field of
wildlife-vehicle collisions;</DELETED>
<DELETED> ``(viii) nongovernmental
organizations; and</DELETED>
<DELETED> ``(ix) other interested
stakeholders, as appropriate.</DELETED>
<DELETED> ``(2) Standardized national data system with
voluntary template implementation.--The Secretary shall--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) encourage the voluntary
implementation of the template developed under
subparagraph (A).</DELETED>
<DELETED> ``(3) Reports.--</DELETED>
<DELETED> ``(A) Methodology.--The Secretary shall
submit to Congress a report describing the standardized
methodology developed under paragraph (1) not later
than the later of--</DELETED>
<DELETED> ``(i) the date that is 18 months
after the date of enactment of the America's
Transportation Infrastructure Act of 2019;
and</DELETED>
<DELETED> ``(ii) the date that is 180 days
after the date on which the Secretary completes
the development of the standardized
methodology.</DELETED>
<DELETED> ``(B) Implementation.--Not later than 4
years after the date of enactment of the America's
Transportation Infrastructure Act of 2019, the
Secretary shall submit to Congress a report
describing--</DELETED>
<DELETED> ``(i) the status of the voluntary
implementation of the standardized methodology
developed under paragraph (1) and the template
developed under paragraph (2)(A);</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) to reduce the number
of wildlife-vehicle collisions;
and</DELETED>
<DELETED> ``(II) to improve habitat
connectivity;</DELETED>
<DELETED> ``(iii) the degree of the impact
described in clause (ii); and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) National Threshold Guidance.--The Secretary shall--
</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the number of wildlife-vehicle
collisions on the highway that pose a human safety
risk;</DELETED>
<DELETED> ``(B) highway-related mortality and the
effects of traffic on the highway on--</DELETED>
<DELETED> ``(i) species listed as endangered
species or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.);</DELETED>
<DELETED> ``(ii) species identified by a
State as species of greatest conservation
need;</DELETED>
<DELETED> ``(iii) species identified in
State wildlife plans; and</DELETED>
<DELETED> ``(iv) medium and small
terrestrial and aquatic species; and</DELETED>
<DELETED> ``(C) habitat connectivity values for
terrestrial and aquatic species and the barrier effect
of the highway on the movements and migrations of those
species.''.</DELETED>
<DELETED> (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 174 the following:</DELETED>
<DELETED>``175. Wildlife-vehicle collision reduction and habitat
connectivity improvement.''.
<DELETED> (d) Wildlife Crossings Standards.--Section 109(c)(2) of
title 23, United States Code, is amended--</DELETED>
<DELETED> (1) in subparagraph (E), by striking ``and'' at
the end;</DELETED>
<DELETED> (2) by redesignating subparagraph (F) as
subparagraph (G); and</DELETED>
<DELETED> (3) by inserting after subparagraph (E) the
following:</DELETED>
<DELETED> ``(F) the publication of the Federal
Highway Administration entitled `Wildlife Crossing
Structure Handbook: Design and Evaluation in North
America' and dated March 2011; and''.</DELETED>
<DELETED> (e) Wildlife Habitat Connectivity and National Bridge and
Tunnel Inventory and Inspection Standards.--Section 144 of title 23,
United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)(2)--</DELETED>
<DELETED> (A) in subparagraph (B), by inserting ``,
resilience,'' after ``safety'';</DELETED>
<DELETED> (B) in subparagraph (D), by striking
``and'' at the end;</DELETED>
<DELETED> (C) in subparagraph (E), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(F) to ensure adequate passage of
aquatic and terrestrial species, where
appropriate.'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (4), by striking ``and''
at the end;</DELETED>
<DELETED> (B) in paragraph (5), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (3) in subsection (i), by adding at the end the
following:</DELETED>
<DELETED> ``(3) Requirement.--The first revision under
paragraph (2) after the date of enactment of the America's
Transportation Infrastructure Act of 2019 shall include
techniques to assess passage of aquatic and terrestrial species
and habitat restoration potential.''.</DELETED>
<DELETED>SEC. 1126. CONSOLIDATION OF PROGRAMS.</DELETED>
<DELETED> 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 2021 through 2025''.</DELETED>
<DELETED>SEC. 1127. STATE FREIGHT ADVISORY COMMITTEES.</DELETED>
<DELETED> Section 70201 of title 49, United States Code, is
amended--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> ``(1) ports;</DELETED>
<DELETED> ``(2) freight railroads;</DELETED>
<DELETED> ``(3) shippers;</DELETED>
<DELETED> ``(4) carriers;</DELETED>
<DELETED> ``(5) freight-related associations;</DELETED>
<DELETED> ``(6) third-party logistics providers;</DELETED>
<DELETED> ``(7) the freight industry workforce;</DELETED>
<DELETED> ``(8) the transportation department of the
State;</DELETED>
<DELETED> ``(9) metropolitan planning
organizations;</DELETED>
<DELETED> ``(10) local governments;</DELETED>
<DELETED> ``(11) the environmental protection department of
the State, if applicable;</DELETED>
<DELETED> ``(12) the air resources board of the State, if
applicable; and</DELETED>
<DELETED> ``(13) economic development agencies of the
State.'';</DELETED>
<DELETED> (2) in subsection (b)(5), by striking ``70202.''
and inserting ``70202, including by providing advice regarding
the development of the freight investment plan;
and'';</DELETED>
<DELETED> (3) by redesignating subsection (b) as subsection
(c); and</DELETED>
<DELETED> (4) by inserting after subsection (a) the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) general business and financial
experience;</DELETED>
<DELETED> ``(2) experience or qualifications in the areas of
freight transportation and logistics;</DELETED>
<DELETED> ``(3) experience in transportation
planning;</DELETED>
<DELETED> ``(4) experience representing employees of the
freight industry; or</DELETED>
<DELETED> ``(5) experience representing a State, local
government, or metropolitan planning organization.''.</DELETED>
<DELETED>SEC. 1128. TERRITORIAL AND PUERTO RICO HIGHWAY
PROGRAM.</DELETED>
<DELETED> Section 165 of title 23, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (a), by striking paragraphs (1)
and (2) and inserting the following:</DELETED>
<DELETED> ``(1) for the Puerto Rico highway program under
subsection (b)--</DELETED>
<DELETED> ``(A) $161,500,000 shall be for fiscal
year 2021;</DELETED>
<DELETED> ``(B) $165,000,000 shall be for fiscal
year 2022;</DELETED>
<DELETED> ``(C) $168,000,000 shall be for fiscal
year 2023;</DELETED>
<DELETED> ``(D) $171,000,000 shall be for fiscal
year 2024; and</DELETED>
<DELETED> ``(E) $175,500,000 shall be for fiscal
year 2025; and</DELETED>
<DELETED> ``(2) for the territorial highway program under
subsection (c)--</DELETED>
<DELETED> ``(A) $43,000,000 shall be for fiscal year
2021;</DELETED>
<DELETED> ``(B) $43,000,000 shall be for fiscal year
2022;</DELETED>
<DELETED> ``(C) $44,000,000 shall be for fiscal year
2023;</DELETED>
<DELETED> ``(D) $45,000,000 shall be for fiscal year
2024; and</DELETED>
<DELETED> ``(E) $46,000,000 shall be for fiscal year
2025.''; and</DELETED>
<DELETED> (2) 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)''.</DELETED>
<DELETED>Subtitle B--Planning and Performance Management</DELETED>
SEC. 1201. TRANSPORTATION PLANNING.
<DELETED> (a) Metropolitan Transportation Planning.--Section 134 of
title 23, United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (3), by adding at the end
the following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (B) in paragraph (7)--</DELETED>
<DELETED> (i) by striking ``an existing
metropolitan planning area'' and inserting ``an
urbanized area (as defined by the Bureau of the
Census)''; and</DELETED>
<DELETED> (ii) by striking ``the existing
metropolitan planning area'' and inserting
``the area'';</DELETED>
<DELETED> (2) in subsection (g)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``a
metropolitan area'' and inserting ``an urbanized area
(as defined by the Bureau of the Census)'';
and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(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)(A), 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.</DELETED>
<DELETED> ``(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.''; and</DELETED>
<DELETED> (3) in subsection (i)(6), by adding at the end the
following:</DELETED>
<DELETED> ``(D) Use of technology.--A State may use
social media and other web-based tools--</DELETED>
<DELETED> ``(i) to further encourage public
participation; and</DELETED>
<DELETED> ``(ii) to solicit public feedback
during the transportation planning
process.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(C) Use of technology.--A State may use
social media and other web-based tools--</DELETED>
<DELETED> ``(i) to further encourage public
participation; and</DELETED>
<DELETED> ``(ii) to solicit public feedback
during the transportation planning
process.''.</DELETED>
<DELETED>SEC. 1202. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION
PLANS.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 1203. STATE HUMAN CAPITAL PLANS.</DELETED>
<DELETED> (a) In General.--Chapter 1 of title 23, United States Code
(as amended by section 1125(c)(1)), is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 176. State human capital plans</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Plan Contents.--</DELETED>
<DELETED> ``(1) In general.--A human capital plan developed
by a State under subsection (a) shall, to the maximum extent
practicable, take into consideration--</DELETED>
<DELETED> ``(A) significant transportation workforce
trends, needs, issues, and challenges with respect to
the State;</DELETED>
<DELETED> ``(B) the human capital policies,
strategies, and performance measures that will guide
the transportation-related workforce investment
decisions of the State;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(E) a human capital management strategy
that is aligned with the transportation mission, goals,
and organizational objectives of the State;</DELETED>
<DELETED> ``(F) an implementation system for
workforce goals focused on addressing continuity of
leadership and knowledge sharing across the
State;</DELETED>
<DELETED> ``(G) an implementation system that
addresses workforce competency gaps, particularly in
mission-critical occupations;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) to ensure that the
transportation mission, goals, and
organizational objectives of the State are
fully carried out; and</DELETED>
<DELETED> ``(ii) to ensure that procurement
methods provide the best public
value;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Planning period.--If a State develops a
human capital plan under subsection (a), the plan shall address
a 5-year forecast period.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Relationship to Long-range Plan.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Savings Provision.--Nothing in this section prevents
a State from carrying out transportation workforce planning--</DELETED>
<DELETED> ``(1) not described in this section; or</DELETED>
<DELETED> ``(2) not in accordance with this
section.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code (as amended by section 1125(c)(2)), is
amended by inserting after the item relating to section 175 the
following:</DELETED>
<DELETED>``176. State human capital plans.''.
<DELETED>SEC. 1204. ACCESSIBILITY DATA PILOT PROGRAM.</DELETED>
<DELETED> (a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish an accessibility
data pilot program (referred to in this section as the ``pilot
program'').</DELETED>
<DELETED> (b) 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 to improve the transportation planning of those eligible
entities by--</DELETED>
<DELETED> (1) measuring the level of access by multiple
transportation modes to important destinations, which may
include--</DELETED>
<DELETED> (A) jobs, including areas with a
concentration of available jobs;</DELETED>
<DELETED> (B) health care facilities;</DELETED>
<DELETED> (C) child care services;</DELETED>
<DELETED> (D) educational and workforce training
facilities;</DELETED>
<DELETED> (E) affordable housing;</DELETED>
<DELETED> (F) food sources; and</DELETED>
<DELETED> (G) connections between modes, including
connections to--</DELETED>
<DELETED> (i) high-quality transit or rail
service;</DELETED>
<DELETED> (ii) safe bicycling corridors;
and</DELETED>
<DELETED> (iii) safe sidewalks that achieve
compliance with applicable requirements of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);</DELETED>
<DELETED> (2) disaggregating the level of access by multiple
transportation modes by a variety of population categories,
which may include--</DELETED>
<DELETED> (A) low-income populations;</DELETED>
<DELETED> (B) minority populations;</DELETED>
<DELETED> (C) age;</DELETED>
<DELETED> (D) disability; and</DELETED>
<DELETED> (E) geographical location; and</DELETED>
<DELETED> (3) assessing the change in accessibility that
would result from new transportation investments.</DELETED>
<DELETED> (c) Eligible Entities.--An entity eligible to participate
in the pilot program is--</DELETED>
<DELETED> (1) a State (as defined in section 101(a) of title
23, United States Code);</DELETED>
<DELETED> (2) a metropolitan planning organization;
or</DELETED>
<DELETED> (3) a rural transportation planning
organization.</DELETED>
<DELETED> (d) 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--</DELETED>
<DELETED> (1) previous experience of the eligible entity
measuring transportation access or other performance management
experience;</DELETED>
<DELETED> (2) the types of important destinations to which
the eligible entity intends to measure access;</DELETED>
<DELETED> (3) the types of data disaggregation the eligible
entity intends to pursue;</DELETED>
<DELETED> (4) a general description of the methodology the
eligible entity intends to apply; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Selection.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) States;</DELETED>
<DELETED> (B) metropolitan planning organizations
that serve an area with a population of 200,000 people
or fewer;</DELETED>
<DELETED> (C) metropolitan planning organizations
that serve an area with a population of over 200,000
people; and</DELETED>
<DELETED> (D) rural transportation planning
organizations.</DELETED>
<DELETED> (2) Inclusions.--The Secretary shall seek to
ensure that, among the eligible entities selected under
paragraph (1), there is--</DELETED>
<DELETED> (A) a range of capacity and previous
experience with measuring transportation access;
and</DELETED>
<DELETED> (B) a variety of proposed methodologies
and focus areas for measuring level of
access.</DELETED>
<DELETED> (f) Duties.--For each eligible entity participating in the
pilot program, the Secretary shall--</DELETED>
<DELETED> (1) develop or acquire an accessibility data set
described in subsection (b); and</DELETED>
<DELETED> (2) submit the data set to the eligible
entity.</DELETED>
<DELETED> (g) Methodology.--In calculating the measures for the data
set under the pilot program, the Secretary shall ensure that
methodology is open source.</DELETED>
<DELETED> (h) Availability.--The Secretary shall make an
accessibility data set under the pilot program available to--</DELETED>
<DELETED> (1) units of local government within the
jurisdiction of the eligible entity participating in the pilot
program; and</DELETED>
<DELETED> (2) researchers.</DELETED>
<DELETED> (i) Report.--Not later than 120 days after the last date
on which the Secretary submits data sets to the eligible entity under
subsection (f), the Secretary shall submit to Congress a report on the
results of the program, including the feasibility of developing and
providing periodic accessibility data sets for all States, regions, and
localities.</DELETED>
<DELETED> (j) 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.</DELETED>
<DELETED> (k) Sunset.--The pilot program shall terminate on the date
that is 8 years after the date on which the pilot program is
implemented.</DELETED>
<DELETED>SEC. 1205. PRIORITIZATION PROCESS PILOT PROGRAM.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Eligible entity.--The term ``eligible entity''
means--</DELETED>
<DELETED> (A) a metropolitan planning organization
that serves an area with a population of over 200,000;
and</DELETED>
<DELETED> (B) a State.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Prioritization process pilot program.--The
term ``prioritization process pilot program'' means the pilot
program established under subsection (b)(1).</DELETED>
<DELETED> (b) Establishment.--</DELETED>
<DELETED> (1) In general.--The Secretary shall establish,
and solicit applications for a prioritization process pilot
program.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Pilot Program Administration.--</DELETED>
<DELETED> (1) In general.--An eligible entity participating
in the prioritization process pilot program shall--</DELETED>
<DELETED> (A) use priority objectives that are
developed--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) through a public process
that provides an opportunity for public
input;</DELETED>
<DELETED> (B) assess and score projects and
strategies on the basis of--</DELETED>
<DELETED> (i) the contribution and benefits
of the project or strategy to each priority
objective developed under subparagraph
(A);</DELETED>
<DELETED> (ii) the cost of the project or
strategy relative to the contribution and
benefits assessed and scored under clause (i);
and</DELETED>
<DELETED> (iii) public support;</DELETED>
<DELETED> (C) use the scores assigned under
subparagraph (B) to guide project selection in the
development of the transportation plan and
transportation improvement program; and</DELETED>
<DELETED> (D) ensure that the public--</DELETED>
<DELETED> (i) has opportunities to provide
public comment on projects before decisions are
made on the transportation plan and the
transportation improvement program;
and</DELETED>
<DELETED> (ii) has access to clear reasons
why each project or strategy was selected or
not selected.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (aa) factors
described in section 134(h) of
title 23, United States Code,
and section 5303(h) of title
49, United States
Code;</DELETED>
<DELETED> (bb) targets for
national performance measures
under section 150(b) of title
23, United States
Code;</DELETED>
<DELETED> (cc) applicable
transportation goals in the
metropolitan planning area or
State set by the applicable
transportation agency;
and</DELETED>
<DELETED> (dd) priority
objectives developed under
paragraph (1)(A);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (III) use the evaluation
under subclause (II) to create a ranked
list of proposed projects;
and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (B) Statewide transportation planning.--In
the case of a State, the State shall--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) include criteria
identified by the State, which may be
weighted to reflect statewide
priorities, that the State has
determined support--</DELETED>
<DELETED> (aa) factors
described in section 135(d) of
title 23, United States Code,
and section 5304(d) of title
49, United States
Code;</DELETED>
<DELETED> (bb) national
transportation goals under
section 150(b) of title 23,
United States Code;</DELETED>
<DELETED> (cc) applicable
transportation goals in the
State; and</DELETED>
<DELETED> (dd) the priority
objectives developed under
paragraph (1)(A);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (III) use the evaluation
under subclause (II) to create a ranked
list of proposed projects;
and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) a review of public comments
regarding the project;</DELETED>
<DELETED> (ii) an evaluation of public
support for the project;</DELETED>
<DELETED> (iii) an assessment of geographic
balance of projects of the eligible entity;
and</DELETED>
<DELETED> (iv) the number of projects of the
eligible entity in economically distressed
areas.</DELETED>
<DELETED> (3) Maximum amount.--The maximum amount of a grant
under the prioritization process pilot program is
$2,000,000.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1206. EXEMPTIONS FOR LOW POPULATION DENSITY
STATES.</DELETED>
<DELETED> Section 150 of title 23, United States Code, is amended by
adding at the end the following:</DELETED>
<DELETED> ``(f) Exemptions for Low Population Density States.--
</DELETED>
<DELETED> ``(1) In general.--The Secretary shall grant, on
the election of and in consultation with a State, an exemption
from 1 or more of the requirements described in paragraph
(2)(A) if the State--</DELETED>
<DELETED> ``(A) is on the list of eligible States
under paragraph (5) for the applicable performance
period; and</DELETED>
<DELETED> ``(B) provides a written notice of the
election that includes an explanation under paragraph
(4)(A).</DELETED>
<DELETED> ``(2) Requirements described.--</DELETED>
<DELETED> ``(A) State requirements.--The
requirements from which a State described in paragraph
(1) may elect an exemption are--</DELETED>
<DELETED> ``(i) requirements established
under subclauses (IV) and (V) of subsection
(c)(3)(A)(ii);</DELETED>
<DELETED> ``(ii) requirements established
under subsection (c)(5)(A);</DELETED>
<DELETED> ``(iii) requirements established
under subsection (c)(6); and</DELETED>
<DELETED> ``(iv) targeting, data, reporting,
or administrative requirements established
under subsections (d) and (e) that are related
to a requirement described in clause (i), (ii),
or (iii) from which the State elects to receive
an exemption.</DELETED>
<DELETED> ``(B) Metropolitan planning organization
requirements.--A metropolitan planning organization
with a metropolitan planning area that is located
entirely within a State that is exempt shall be exempt
from the requirements under section 134(h)(2)(B) that
relate to each measure described in subparagraph (A)
from which the State of the metropolitan planning
organization is exempt.</DELETED>
<DELETED> ``(3) Term.--An exemption applied under paragraph
(1) --</DELETED>
<DELETED> ``(A) shall be in effect until the date
that is 4 years after the date on which the performance
period promulgated by the Secretary under subsection
(d) in effect at the time the exemption is applied
ends; and</DELETED>
<DELETED> ``(B) may be renewed by the State for an
additional 4-year term at the end of each performance
period if, in accordance with paragraph (4)--</DELETED>
<DELETED> ``(i) the State submits another
written explanation; and</DELETED>
<DELETED> ``(ii) the State continues to be
included on the list of eligible States under
paragraph (5).</DELETED>
<DELETED> ``(4) Notification of election of exemption.--
</DELETED>
<DELETED> ``(A) In general.--To be eligible to make
an election under paragraph (1), not later than
September 1 of the calendar year preceding the calendar
year in which the next performance period promulgated
by the Secretary under subsection (d) begins, a State
described in that paragraph--</DELETED>
<DELETED> ``(i) shall submit to the
Secretary--</DELETED>
<DELETED> ``(I) identification of
the 1 or more requirements described in
paragraph (2)(A) for which an exemption
is elected; and</DELETED>
<DELETED> ``(II) a written notice
that includes an explanation advising
the Secretary that the State is not
experiencing significant performance
issues on the surface transportation
system of the State with respect to
each requirement referred to in
subclause (I); and</DELETED>
<DELETED> ``(ii) may submit to the Secretary
any other information or material that the
State chooses to include in the
notice.</DELETED>
<DELETED> ``(B) Special rule.--Notwithstanding the
deadline described in subparagraph (A), a State
described in paragraph (1) may submit a notice under
subparagraph (A) at any time before September 1,
2021.</DELETED>
<DELETED> ``(5) Eligible states.--</DELETED>
<DELETED> ``(A) In general.--Not later than 60 days
after the date of enactment of this subsection and
thereafter, on each September 1 of the calendar year 2
years prior to the calendar year in which the next
performance period promulgated by the Secretary under
subsection (d) begins, the Secretary shall publish a
list of States that may elect to receive an exemption
from a requirement described in paragraph
(2)(A).</DELETED>
<DELETED> ``(B) Inclusions.--The Secretary shall
include on the list under subparagraph (A)--</DELETED>
<DELETED> ``(i) any State that--</DELETED>
<DELETED> ``(I) has a population per
square mile of area that is less than
the population per square mile of area
of the United States, based on the
latest available Bureau of the Census
data at the time the Secretary
publishes the list;</DELETED>
<DELETED> ``(II) does not include an
urbanized area with a population of
over 200,000 within the State;
and</DELETED>
<DELETED> ``(III) has no repeated
delays or other persistent impediments
to travel reliability on the portions
of the National Highway System in the
State that the Secretary determines to
be excessive; and</DELETED>
<DELETED> ``(ii) based on the latest
available Bureau of the Census data at the time
the Secretary publishes the list, any State
that--</DELETED>
<DELETED> ``(I) has a population
density of less than 15 persons per
square mile of area; and</DELETED>
<DELETED> ``(II) does not include an
urbanized area with a population of
over 200,000.</DELETED>
<DELETED> ``(6) National reporting.--</DELETED>
<DELETED> ``(A) Eligible states.--For each State
included on the list of eligible States under paragraph
(5), 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 status of
traffic congestion, travel reliability, truck travel
reliability, and any other relevant performance metrics
on the portions of the National Highway System in the
State, including any delays or impediments that the
Secretary determines to be excessive.</DELETED>
<DELETED> ``(B) Exempt states.--For each eligible
State under paragraph (5) that elects to receive an
exemption under paragraph (1), the Secretary shall--
</DELETED>
<DELETED> ``(i) 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 performance measures
for all exemptions applied to that State under
this subsection; and</DELETED>
<DELETED> ``(ii) make publicly available as
part of the State performance dashboard on the
Department of Transportation website
information on the performance of the State
with respect to any requirements from which the
State is exempt.''.</DELETED>
<DELETED>SEC. 1207. TRAVEL DEMAND DATA AND MODELING.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Study.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) gathers travel data and travel demand
forecasts from a representative sample of States and
metropolitan planning organizations;</DELETED>
<DELETED> (B) uses the data and forecasts gathered
under subparagraph (A) to compare travel demand
forecasts with the observed data, including--</DELETED>
<DELETED> (i) traffic counts;</DELETED>
<DELETED> (ii) travel mode share and public
transit ridership; and</DELETED>
<DELETED> (iii) vehicle occupancy measures;
and</DELETED>
<DELETED> (C) uses the information described in
subparagraphs (A) and (B)--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (iii) to support more accurate
travel demand forecasting by States and
metropolitan planning organizations;
and</DELETED>
<DELETED> (iv) to enhance the capacity of
States and metropolitan planning
organizations--</DELETED>
<DELETED> (I) to forecast travel
demand; and</DELETED>
<DELETED> (II) to track observed
travel behavior responses, including
induced travel, to changes in
transportation capacity, pricing, and
land use patterns.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1208. INCREASING SAFE AND ACCESSIBLE TRANSPORTATION
OPTIONS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) adoption of Complete Streets standards or
policies;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) development of transportation plans--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) to integrate active transportation
facilities with public transportation service or
improve access to public transportation;</DELETED>
<DELETED> (C) to create multiuse active
transportation infrastructure facilities, including
bikeways or pedestrian and bicycle trails, that make
connections within or between communities;</DELETED>
<DELETED> (D) to increase public transportation
ridership; and</DELETED>
<DELETED> (E) to improve the safety of bicyclists
and pedestrians;</DELETED>
<DELETED> (4) regional and megaregional planning to address
travel demand and capacity constraints through alternatives to
new highway capacity, including through intercity passenger
rail; and</DELETED>
<DELETED> (5) development of transportation plans and
policies that support transit-oriented development.</DELETED>
<DELETED> (d) Federal Share.--The Federal share of the cost of an
activity carried out under this section shall be 100 percent.</DELETED>
<DELETED>Subtitle C--Project Delivery and Process Improvement</DELETED>
<DELETED>SEC. 1301. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT
DECISIONMAKING AND ONE FEDERAL DECISION.</DELETED>
<DELETED> (a) In General.--Section 139 of title 23, United States
Code, is amended--</DELETED>
<DELETED> (1) in the section heading, by striking
``decisionmaking'' and inserting ``decisionmaking and One
Federal Decision'';</DELETED>
<DELETED> (2) in subsection (a)--</DELETED>
<DELETED> (A) by redesignating paragraphs (2)
through (8) as paragraphs (4), (5), (6), (8), (9),
(10), and (11), respectively;</DELETED>
<DELETED> (B) by inserting after paragraph (1) the
following:</DELETED>
<DELETED> ``(2) Authorization.--The term `authorization'
means any 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.</DELETED>
<DELETED> ``(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.).'';</DELETED>
<DELETED> (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
completion of any permit''; and</DELETED>
<DELETED> (D) by inserting after paragraph (6) (as
so redesignated) the following:</DELETED>
<DELETED> ``(7) Major infrastructure project.--The term
`major infrastructure project' means a project for which--
</DELETED>
<DELETED> ``(A) 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.);</DELETED>
<DELETED> ``(B) the head of the lead agency has
determined that an environmental impact statement is
required; and</DELETED>
<DELETED> ``(C) the project sponsor has identified
the reasonable availability of funds sufficient to
complete the project.'';</DELETED>
<DELETED> (3) in subsection (b)(1), by inserting ``,
including major infrastructure projects,'' after ``all
projects'';</DELETED>
<DELETED> (4) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (6)--</DELETED>
<DELETED> (i) in subparagraph (B), by
striking ``and'' at the end;</DELETED>
<DELETED> (ii) in subparagraph (C), by
striking the period at the end and inserting
``; and''; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(7) Process improvements for major
infrastructure projects.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
review--</DELETED>
<DELETED> ``(i) existing practices,
procedures, rules, regulations, and applicable
laws to identify impediments to meeting the
requirements applicable to major infrastructure
projects under this section; and</DELETED>
<DELETED> ``(ii) best practices,
programmatic agreements, and potential changes
to internal departmental procedures that would
facilitate an efficient environmental review
process for major infrastructure
projects.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Report.--Not later than 2 years
after the date of enactment of the America's
Transportation Infrastructure Act of 2019, 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--</DELETED>
<DELETED> ``(i) the results of the review
under subparagraph (A); and</DELETED>
<DELETED> ``(ii) an analysis of whether
additional funding would help the Secretary
meet the requirements applicable to major
infrastructure projects under this
section.'';</DELETED>
<DELETED> (5) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (8)--</DELETED>
<DELETED> (i) in the paragraph heading, by
striking ``nepa'' and inserting
``environmental'';</DELETED>
<DELETED> (ii) in subparagraph (A)--
</DELETED>
<DELETED> (I) by inserting ``and
except as provided in subparagraph
(D)'' after ``paragraph
(7)'';</DELETED>
<DELETED> (II) by striking
``permits'' and inserting
``authorizations''; and</DELETED>
<DELETED> (III) by striking ``single
environment document'' and inserting
``single environmental document for
each kind of environmental
document'';</DELETED>
<DELETED> (iii) in subparagraph (B)(i)--
</DELETED>
<DELETED> (I) by striking ``an
environmental document'' and inserting
``environmental documents'';
and</DELETED>
<DELETED> (II) by striking ``permits
issued'' and inserting
``authorizations''; and</DELETED>
<DELETED> (iv) by adding at the end the
following:</DELETED>
<DELETED> ``(D) Exceptions.--The lead agency may
waive the application of subparagraph (A) with respect
to a project if--</DELETED>
<DELETED> ``(i) the project sponsor requests
that agencies issue separate environmental
documents;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(10) Timely authorizations for major
infrastructure projects.--</DELETED>
<DELETED> ``(A) Deadline.--Except as provided in
subparagraph (C), all authorization decisions necessary
for the construction of a major infrastructure project
shall be completed by not later than 90 days after the
date of the issuance of a record of decision for the
major infrastructure project.</DELETED>
<DELETED> ``(B) Detail.--The final environmental
impact statement for a major infrastructure project
shall include an adequate level of detail to inform
decisions necessary for the role of the participating
agencies in the environmental review process.</DELETED>
<DELETED> ``(C) Extension of deadline.--The head of
the lead agency may extend the deadline under
subparagraph (A) if--</DELETED>
<DELETED> ``(i) Federal law prohibits the
lead agency or another agency from issuing an
approval or permit within the period described
in that subparagraph;</DELETED>
<DELETED> ``(ii) the project sponsor
requests that the permit or approval follow a
different timeline; or</DELETED>
<DELETED> ``(iii) an extension would
facilitate completion of the environmental
review and authorization process of the major
infrastructure project.'';</DELETED>
<DELETED> (6) in subsection (g)(1)--</DELETED>
<DELETED> (A) in subparagraph (B)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) by adding at the end the
following:</DELETED>
<DELETED> ``(iii) Major infrastructure
project schedule.--To the maximum extent
practicable and consistent with applicable
Federal law, in the case of a major
infrastructure project, the lead agency shall
develop a schedule for the major infrastructure
project that is consistent with an agency
average of not more than 2 years for the
completion of the environmental review process
for major infrastructure projects, as measured
from the date of publication of a notice of
intent to prepare an environmental impact
statement to the record of
decision.'';</DELETED>
<DELETED> (B) by striking subparagraph (D) and
inserting the following:</DELETED>
<DELETED> ``(D) Modification.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) Exceptions.--</DELETED>
<DELETED> ``(I) Major infrastructure
projects.--In the case of a major
infrastructure 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
infrastructure project by the lead
agency.</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (C) by redesignating subparagraph (E) as
subparagraph (F); and</DELETED>
<DELETED> (D) by inserting after subparagraph (D)
the following:</DELETED>
<DELETED> ``(E) Failure to meet deadline.--If a
cooperating Federal agency fails to meet a deadline
established under subparagraph (D)(ii)(I)--</DELETED>
<DELETED> ``(i) the cooperating Federal
agency shall submit to the Secretary a report
that describes the reasons why the deadline was
not met; and</DELETED>
<DELETED> ``(ii) the Secretary shall--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) make the report
under clause (i) publicly available on
the internet.''; and</DELETED>
<DELETED> (7) by adding at the end the following:</DELETED>
<DELETED> ``(p) Accountability and Reporting for Major
Infrastructure Projects.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall establish a
performance accountability system to track each major
infrastructure project.</DELETED>
<DELETED> ``(2) Requirements.--The performance
accountability system under paragraph (1) shall, for each major
infrastructure project, track, at a minimum--</DELETED>
<DELETED> ``(A) the environmental review process for
the major infrastructure project, including the project
schedule;</DELETED>
<DELETED> ``(B) whether the lead agency, cooperating
agencies, and participating agencies are meeting the
schedule established for the environmental review
process; and</DELETED>
<DELETED> ``(C) the time taken to complete the
environmental review process.</DELETED>
<DELETED> ``(q) Adoption of Categorical Exclusions.--</DELETED>
<DELETED> ``(1) In general.--Not later than 60 days after
the date of enactment of this subsection, the Secretary shall--
</DELETED>
<DELETED> ``(A) in consultation with the entities
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
entities;</DELETED>
<DELETED> ``(B) collect existing documentation and
substantiating information on the categorical
exclusions described in subparagraph (A); and</DELETED>
<DELETED> ``(C) provide to each entity described in
paragraph (2) a list of the categorical exclusions
identified under subparagraph (A) and the documentation
and substantiating information under subparagraph
(B).</DELETED>
<DELETED> ``(2) Entities described.--The entities referred
to in paragraph (1) are--</DELETED>
<DELETED> ``(A) the Secretary of the
Interior;</DELETED>
<DELETED> ``(B) the Secretary of the Army;</DELETED>
<DELETED> ``(C) the Secretary of Commerce;</DELETED>
<DELETED> ``(D) the Secretary of
Agriculture;</DELETED>
<DELETED> ``(E) the Secretary of Energy;</DELETED>
<DELETED> ``(F) the Secretary of Defense;
and</DELETED>
<DELETED> ``(G) the head of any other Federal agency
that has participated in an environmental review
process, as determined by the Secretary.</DELETED>
<DELETED> ``(3) Adoption of categorical exclusions.--If an
entity described in paragraph (2) determines that a categorical
exclusion identified under paragraph (1)(A) meets the criteria
for a categorical exclusion under section 1508.4 of title 40,
Code of Federal Regulations (or successor regulations), not
later than 2 years after the date on which the Secretary
provides the list under paragraph (1)(C), the entity shall
publish a notice of proposed rulemaking to propose a new
categorical exclusion.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``139. Efficient environmental reviews for project
decisionmaking and One Federal Decision.''.
<DELETED>SEC. 1302. WORK ZONE PROCESS REVIEWS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 1303. TRANSPORTATION MANAGEMENT PLANS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1304. INTELLIGENT TRANSPORTATION SYSTEMS.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (b) Implementation.--The Secretary shall ensure that any
guidance developed under subsection (a)--</DELETED>
<DELETED> (1) clearly identifies criteria for low-risk and
exempt intelligent transportation systems projects, with a goal
of minimizing unnecessary delay or paperwork burden;</DELETED>
<DELETED> (2) is consistently implemented by the Department
nationwide; and</DELETED>
<DELETED> (3) is disseminated to Federal-aid
recipients.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1305. ALTERNATIVE CONTRACTING METHODS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(f) Alternative Contracting Methods.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) a Federal land management agency, in
using any funds pursuant to sections 203, 204, or
308;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) a Tribal government, in using funds
pursuant to section 202(b)(7)(D).</DELETED>
<DELETED> ``(2) Methods described.--The contracting methods
referred to in paragraph (1) shall include, at a minimum--
</DELETED>
<DELETED> ``(A) project bundling;</DELETED>
<DELETED> ``(B) bridge bundling;</DELETED>
<DELETED> ``(C) design-build contracting;</DELETED>
<DELETED> ``(D) 2-phase contracting;</DELETED>
<DELETED> ``(E) long-term concession agreements;
and</DELETED>
<DELETED> ``(F) any method tested, or that could be
tested, under an experimental program relating to
contracting methods carried out by the
Secretary.</DELETED>
<DELETED> ``(3) Effect.--Nothing in this subsection--
</DELETED>
<DELETED> ``(A) affects the application of the
Federal share for the project carried out with a
contracting method under this subsection; or</DELETED>
<DELETED> ``(B) modifies the point of obligation of
Federal salaries and expenses.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(4) Alternative contracting methods.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Methods described.--The contracting
methods referred to in subparagraph (A) shall include,
at a minimum--</DELETED>
<DELETED> ``(i) project bundling;</DELETED>
<DELETED> ``(ii) bridge bundling;</DELETED>
<DELETED> ``(iii) design-build
contracting;</DELETED>
<DELETED> ``(iv) 2-phase
contracting;</DELETED>
<DELETED> ``(v) long-term concession
agreements; and</DELETED>
<DELETED> ``(vi) any method tested, or that
could be tested, under an experimental program
relating to contracting methods carried out by
the Secretary.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in consultation with the applicable Federal
land management agencies, establish clear procedures that are--
</DELETED>
<DELETED> (A) applicable to the alternative
contracting method; and</DELETED>
<DELETED> (B) to the maximum extent practicable,
consistent with the requirements applicable to Federal
procurement transactions;</DELETED>
<DELETED> (2) solicit input on the use of the alternative
contracting method from the affected industry prior to using
the method; and</DELETED>
<DELETED> (3) analyze and prepare an evaluation of the use
of the alternative contracting method.</DELETED>
<DELETED>SEC. 1306. FLEXIBILITY FOR PROJECTS.</DELETED>
<DELETED> Section 1420 of the FAST Act (23 U.S.C. 101 note; Public
Law 114-94) is amended--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> ``(1) the requirements of title 23, United States
Code; and</DELETED>
<DELETED> ``(2) other requirements administered by the
Secretary, in whole or in part.''; and</DELETED>
<DELETED> (2) in subsection (b)(2)(A), by inserting
``(including regulations)'' after ``environmental
law''.</DELETED>
<DELETED>SEC. 1307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVERSIGHT
AGREEMENTS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) includes all standard terms found in
stewardship and oversight agreements, including any terms in an
attachment to the agreement;</DELETED>
<DELETED> (2) is developed in accordance with section 106 of
title 23, United States Code, or any other applicable
authority; and</DELETED>
<DELETED> (3) may be developed with consideration of
relevant regulations, guidance, or policies.</DELETED>
<DELETED> (b) Request for Comment.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Comment period.--The Secretary shall provide a
period of not less than 60 days for public comment on the
notice under paragraph (1).</DELETED>
<DELETED> (3) Certain issues.--The notice under paragraph
(1) shall allow comment on any aspect of the template and shall
specifically request public comment on--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) any other matters that the Secretary
determines to be appropriate.</DELETED>
<DELETED> (c) Notice of Action; Updates.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) describes any proposed changes to be
made, and any alternatives to such changes, to the
template;</DELETED>
<DELETED> (B) addresses comments in response to
which changes were not made to the template;
and</DELETED>
<DELETED> (C) prescribes a schedule and a plan to
execute a process for implementing the changes referred
to in subparagraph (A).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Implementation.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) the changes described in the
notice under paragraph (1)(A); and</DELETED>
<DELETED> (ii) the schedule and plan
described in the notice under paragraph
(1)(C).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Compliance With Non-statutory Terms.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Frequency of Reviews.--Section 106(g)(3) of title 23,
United States Code, is amended--</DELETED>
<DELETED> (1) by striking ``annual'';</DELETED>
<DELETED> (2) by striking ``The Secretary'' and inserting
the following:</DELETED>
<DELETED> ``(A) In general.--The Secretary'';
and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(B) Frequency.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 1308. GEOMATIC DATA.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Public Comment.--Before issuing any final guidance
under subsection (a), the Secretary shall provide to the public--
</DELETED>
<DELETED> (1) notice of the proposed guidance; and</DELETED>
<DELETED> (2) an opportunity to comment on the proposed
guidance.</DELETED>
<DELETED> (d) Savings Clause.--Nothing in this section--</DELETED>
<DELETED> (1) requires the Secretary to accept or use
information that the Secretary determines does not meet the
guidance developed under this section; or</DELETED>
<DELETED> (2) changes the current statutory or regulatory
requirements of the Department.</DELETED>
<DELETED>SEC. 1309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL RIGHT-
OF-WAY.</DELETED>
<DELETED> (a) In General.--Chapter 3 of title 23, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 331. Evaluation of projects within an operational
right-of-way</DELETED>
<DELETED> ``(a) Definitions.--</DELETED>
<DELETED> ``(1) Eligible project or activity.--</DELETED>
<DELETED> ``(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))--
</DELETED>
<DELETED> ``(i)(I) eligible for assistance
under this title; or</DELETED>
<DELETED> ``(II) administered as if made
available under this title;</DELETED>
<DELETED> ``(ii) that is--</DELETED>
<DELETED> ``(I) a preventive
maintenance, preservation, or highway
safety improvement project (as defined
in section 148(a)); or</DELETED>
<DELETED> ``(II) a new turn lane
that the State advises in writing to
the Secretary would assist public
safety; and</DELETED>
<DELETED> ``(iii) that--</DELETED>
<DELETED> ``(I) is classified as a
categorical exclusion under section
771.117 of title 23, Code of Federal
Regulations (or successor regulations);
or</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(B) Exclusion.--The term `eligible
project or activity' does not include a project to
create a new travel lane.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Action Required.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) make at least a preliminary
evaluation of the application; and</DELETED>
<DELETED> ``(B) notify the State of the results of
the preliminary evaluation under subparagraph
(A).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 3 of
title 23, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``331. Evaluation of projects within an operational right-of-
way.''.
<DELETED>SEC. 1310. DEPARTMENT OF TRANSPORTATION REPORTS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 332. Department of Transportation reports</DELETED>
<DELETED> ``(a) Definition of Dashboard.--In this section, the term
`Dashboard' has the meaning given the term in section 41001 of the FAST
Act (42 U.S.C. 4370m).</DELETED>
<DELETED> ``(b) Reports.--Not later than January 31 of each year,
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 with respect to
any projects, programs, or authorities under this title (other than
chapter 4) that includes--</DELETED>
<DELETED> ``(1) for the preceding fiscal year--</DELETED>
<DELETED> ``(A) the median time described in
subsection (c)(1) posted on the Dashboard for projects
described in subsection (c)(2);</DELETED>
<DELETED> ``(B) a list of any new categorical
exclusions adopted by the Department and listed under
section 771.117 of title 23, Code of Federal
Regulations (or successor regulations); and</DELETED>
<DELETED> ``(C) a list of all regulatory
requirements that have been removed or reduced and, if
available, a summary of the cost savings resulting from
the removal or reduction to--</DELETED>
<DELETED> ``(i) States;</DELETED>
<DELETED> ``(ii) units of Tribal and local
government; and</DELETED>
<DELETED> ``(iii) the public; and</DELETED>
<DELETED> ``(2) for the current fiscal year--</DELETED>
<DELETED> ``(A) an estimate or documentation of the
median time elapsed between--</DELETED>
<DELETED> ``(i) the date of the publication
in the Federal Register of a notice of intent
to prepare an environmental impact statement;
and</DELETED>
<DELETED> ``(ii) the date of the record of
decision with respect to that environmental
impact statement by the Department;
and</DELETED>
<DELETED> ``(B) if available, a summary of the cost
savings, including cost savings to States, units of
Tribal and local government, and the public, resulting
from the removal or reduction of regulatory
requirements.</DELETED>
<DELETED> ``(c) Federal Permitting Dashboard.--</DELETED>
<DELETED> ``(1) In general.--Not later than January 31 of
each year, the Secretary shall provide to the Executive
Director of the Federal Permitting Improvement Steering Council
established under section 41002(a) of the FAST Act (42 U.S.C.
4370m-1(a)), to make available on the Dashboard, with respect
to projects described in paragraph (2), the median time elapsed
between--</DELETED>
<DELETED> ``(A) the publication in the Federal
Register of the notice of intent to prepare an
environmental impact statement; and</DELETED>
<DELETED> ``(B) the date of issuance of the record
of decision with respect to that environmental impact
statement by the Department of
Transportation.</DELETED>
<DELETED> ``(2) Projects described.--A project referred to
in paragraph (1) is a project for which--</DELETED>
<DELETED> ``(A) a record of decision for an
environmental impact statement was issued during the
preceding fiscal year; and</DELETED>
<DELETED> ``(B) the Department of Transportation is
a lead agency (as defined in section 139).''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``332. Department of Transportation reports.''.
<DELETED>Subtitle D--Climate Change</DELETED>
<DELETED>SEC. 1401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE TO
MODERNIZE AND RECONNECT AMERICA FOR THE 21ST
CENTURY.</DELETED>
<DELETED> (a) Purpose.--The purpose of this section is to establish
a grant program to strategically deploy electric vehicle charging
infrastructure, hydrogen fueling infrastructure, and natural gas
fueling infrastructure along designated alternative fuel corridors that
will be accessible to all drivers of electric vehicles, hydrogen
vehicles, and natural gas vehicles.</DELETED>
<DELETED> (b) Grant Program.--Section 151 of title 23, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (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'';</DELETED>
<DELETED> (2) in subsection (b)(2), by inserting
``previously designated by the Federal Highway Administration
or'' before ``designated by'';</DELETED>
<DELETED> (3) in subsection (d)--</DELETED>
<DELETED> (A) by striking ``5 years after the date
of establishment of the corridors under subsection (a),
and every 5 years thereafter,'' and inserting ``180
days after the date of enactment of the America's
Transportation Infrastructure Act of 2019,'';
and</DELETED>
<DELETED> (B) by inserting ``establish a recurring
process to regularly'' before ``update'';</DELETED>
<DELETED> (4) in subsection (e)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``and''
at the end;</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) by striking ``by the end of
fiscal year 2020.'' and inserting ``; and'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(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, and natural
gas fueling infrastructure at the State, Tribal, and local
level to allow for the predictable deployment of that
infrastructure.''; and</DELETED>
<DELETED> (5) by adding at the end the following:</DELETED>
<DELETED> ``(f) Grant Program.--</DELETED>
<DELETED> ``(1) Establishment.--Not later than 1 year after
the date of enactment of the America's Transportation
Infrastructure Act of 2019, the Secretary shall establish a
grant program to award grants to eligible entities to carry out
the activities described in paragraph (5).</DELETED>
<DELETED> ``(2) Eligible entities.--An entity eligible to
receive a grant under this subsection is--</DELETED>
<DELETED> ``(A) a State or political subdivision of
a State;</DELETED>
<DELETED> ``(B) a metropolitan planning
organization;</DELETED>
<DELETED> ``(C) a unit of local
government;</DELETED>
<DELETED> ``(D) a special purpose district or public
authority with a transportation function, including a
port authority;</DELETED>
<DELETED> ``(E) an Indian tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304));</DELETED>
<DELETED> ``(F) an authority, agency, or
instrumentality of, or an entity owned by, 1 or more
entities described in subparagraphs (A) through (E);
or</DELETED>
<DELETED> ``(G) a group of entities described in
subparagraphs (A) through (F).</DELETED>
<DELETED> ``(3) 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--</DELETED>
<DELETED> ``(A) a description of how the eligible
entity has considered--</DELETED>
<DELETED> ``(i) public accessibility of
charging or fueling infrastructure proposed to
be funded with a grant under this subsection,
including--</DELETED>
<DELETED> ``(I) charging or fueling
connector types and publicly available
information on real-time availability;
and</DELETED>
<DELETED> ``(II) payment methods to
ensure secure, convenient, fair, and
equal access;</DELETED>
<DELETED> ``(ii) collaborative engagement
with stakeholders (including automobile
manufacturers, utilities, infrastructure
providers, technology providers, electric
charging, hydrogen, 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)--</DELETED>
<DELETED> ``(I) to foster enhanced,
coordinated, public-private or private
investment in electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, or natural gas fueling
infrastructure;</DELETED>
<DELETED> ``(II) to expand
deployment of electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, or natural gas fueling
infrastructure;</DELETED>
<DELETED> ``(III) to protect
personal privacy and ensure
cybersecurity; and</DELETED>
<DELETED> ``(IV) to ensure that a
properly trained workforce is available
to construct and install electric
vehicle charging infrastructure,
hydrogen fueling infrastructure, or
natural gas fueling
infrastructure;</DELETED>
<DELETED> ``(iii) the location of the
station or fueling site, such as consideration
of--</DELETED>
<DELETED> ``(I) the availability of
onsite amenities for vehicle operators,
such as restrooms or food
facilities;</DELETED>
<DELETED> ``(II) access in
compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C.
12101 et seq.);</DELETED>
<DELETED> ``(III) height and fueling
capacity requirements for facilities
that charge or refuel large vehicles,
such as semi-trailer trucks;
and</DELETED>
<DELETED> ``(IV) appropriate
distribution to avoid redundancy and
fill charging or fueling
gaps;</DELETED>
<DELETED> ``(iv) infrastructure installation
that can be responsive to technology
advancements, such as accommodating autonomous
vehicles and future charging methods;
and</DELETED>
<DELETED> ``(v) the long-term operation and
maintenance of the electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, or natural gas fueling
infrastructure, to avoid stranded assets and
protect the investment of public funds in that
infrastructure; and</DELETED>
<DELETED> ``(B) an assessment of the estimated
emissions that will be reduced through the use of
electric vehicle charging infrastructure, hydrogen
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).</DELETED>
<DELETED> ``(4) Considerations.--In selecting eligible
entities to receive a grant under this subsection, the
Secretary shall--</DELETED>
<DELETED> ``(A) consider the extent to which the
application of the eligible entity would--</DELETED>
<DELETED> ``(i) improve alternative fueling
corridor networks by--</DELETED>
<DELETED> ``(I) converting corridor-
pending corridors to corridor-ready
corridors; or</DELETED>
<DELETED> ``(II) in the case of
corridor-ready corridors, providing
redundancy--</DELETED>
<DELETED> ``(aa) to meet
excess demand for charging or
fueling infrastructure;
or</DELETED>
<DELETED> ``(bb) to reduce
congestion at existing charging
or fueling infrastructure in
high-traffic
locations;</DELETED>
<DELETED> ``(ii) meet current or anticipated
market demands for charging or fueling
infrastructure;</DELETED>
<DELETED> ``(iii) enable or accelerate the
construction of charging or fueling
infrastructure that would be unlikely to be
completed without Federal assistance;
and</DELETED>
<DELETED> ``(iv) support a long-term
competitive market for electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, or natural gas fueling
infrastructure that does not significantly
impair existing electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, or natural gas fueling
infrastructure providers;</DELETED>
<DELETED> ``(B) ensure, to the maximum extent
practicable, geographic diversity among grant
recipients to ensure that electric vehicle charging
infrastructure, hydrogen fueling infrastructure, or
natural gas fueling infrastructure is available
throughout the United States;</DELETED>
<DELETED> ``(C) consider whether the private entity
that the eligible entity contracts with under paragraph
(5)--</DELETED>
<DELETED> ``(i) submits to the Secretary the
most recent year of audited financial
statements; and</DELETED>
<DELETED> ``(ii) has experience in
installing and operating electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, or natural gas fueling
infrastructure; and</DELETED>
<DELETED> ``(D) consider whether, to the maximum
extent practicable, the eligible entity and the private
entity that the eligible entity contracts with under
paragraph (5) enter into an agreement--</DELETED>
<DELETED> ``(i) to operate and maintain
publicly available electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, or natural gas infrastructure;
and</DELETED>
<DELETED> ``(ii) that provides a remedy and
an opportunity to cure if the requirements
described in clause (i) are not met.</DELETED>
<DELETED> ``(5) Use of funds.--</DELETED>
<DELETED> ``(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, or
natural gas fueling infrastructure that is directly
related to the charging or fueling of a
vehicle.</DELETED>
<DELETED> ``(B) Location of infrastructure.--Any
electric vehicle charging infrastructure, hydrogen
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--</DELETED>
<DELETED> ``(i) under this section, on the
condition that any affected Indian tribes are
consulted before the designation; or</DELETED>
<DELETED> ``(ii) by a State or group of
States, such as the Regional Electric Vehicle
West Plan of the States of Arizona, Colorado,
Idaho, Montana, Nevada, New Mexico, Utah, and
Wyoming, on the condition that any affected
Indian tribes are consulted before the
designation.</DELETED>
<DELETED> ``(C) Operating assistance.--</DELETED>
<DELETED> ``(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
electric vehicle charging infrastructure,
hydrogen fueling infrastructure, or natural gas
fueling infrastructure while the facility
transitions to independent system
operations.</DELETED>
<DELETED> ``(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, or natural gas fueling
infrastructure and service, including costs
associated with labor, marketing, and
administrative costs.</DELETED>
<DELETED> ``(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, or natural gas fueling
infrastructure.</DELETED>
<DELETED> ``(D) Signs.--</DELETED>
<DELETED> ``(i) In general.--Subject to this
paragraph and paragraph (6)(B), an eligible
entity that receives a grant under this
subsection may use a portion of the funds to
acquire and install--</DELETED>
<DELETED> ``(I) traffic control
devices located in the right-of-way to
provide directional information to
electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, or natural gas fueling
infrastructure acquired, installed, or
operated with the grant; and</DELETED>
<DELETED> ``(II) on-premises signs
to provide information about electric
vehicle charging infrastructure,
hydrogen fueling infrastructure, or
natural gas fueling infrastructure
acquired, installed, or operated with a
grant under this subsection.</DELETED>
<DELETED> ``(ii) Applicability.--Clause (i)
shall apply only to an eligible entity that--
</DELETED>
<DELETED> ``(I) receives a grant
under this subsection; and</DELETED>
<DELETED> ``(II) is using that grant
for the acquisition and installation of
publicly accessible electric vehicle
charging infrastructure, hydrogen
fueling infrastructure, or natural gas
fueling infrastructure.</DELETED>
<DELETED> ``(iii) Limitation on amount.--The
amount of funds used to acquire and install
traffic control devices and on-premises signs
under clause (i) may not exceed the amount of a
contract under subparagraph (A) to acquire and
install publicly accessible charging or fueling
infrastructure.</DELETED>
<DELETED> ``(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 or on-premises signs if the
entity is not otherwise authorized to do
so.</DELETED>
<DELETED> ``(E) Revenue.--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, or natural gas fueling
infrastructure.</DELETED>
<DELETED> ``(6) Project requirements.--</DELETED>
<DELETED> ``(A) In general.--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.</DELETED>
<DELETED> ``(B) Signs.--Any traffic control device
or on-premises sign acquired, installed, or operated
with a grant under this subsection shall comply with--
</DELETED>
<DELETED> ``(i) the Manual on Uniform
Traffic Control Devices, if located in the
right-of-way; and</DELETED>
<DELETED> ``(ii) other provisions of
Federal, State, and local law, as
applicable.</DELETED>
<DELETED> ``(7) Federal share.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Responsibility of private entity.--
As a condition of contracting with an eligible entity
under paragraph (5), 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).</DELETED>
<DELETED> ``(8) 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.''.</DELETED>
<DELETED>SEC. 1402. REDUCTION OF TRUCK EMISSIONS AT PORT
FACILITIES.</DELETED>
<DELETED> (a) Establishment of Program.--</DELETED>
<DELETED> (1) In general.--The Secretary shall establish a
program to reduce idling at port facilities, under which the
Secretary shall--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) study emerging technologies and
strategies that may help reduce port-related emissions
from idling trucks; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Grants.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Coordination.--In carrying out the grant
program under this subsection, the Secretary shall--</DELETED>
<DELETED> (A) to the maximum extent practicable,
leverage existing resources and programs of the
Department and other relevant Federal agencies;
and</DELETED>
<DELETED> (B) coordinate with other Federal
agencies, as the Secretary determines to be
appropriate.</DELETED>
<DELETED> (4) Application; selection.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the findings of the studies described in
subparagraphs (A) and (B) of subsection (a)(1);</DELETED>
<DELETED> (2) the results of the projects that received a
grant under subsection (b);</DELETED>
<DELETED> (3) any recommendations for workforce development
and training opportunities with respect to port
electrification; and</DELETED>
<DELETED> (4) any policy recommendations based on the
findings and results described in paragraphs (1) and
(2).</DELETED>
<DELETED>SEC. 1403. CARBON REDUCTION INCENTIVE PROGRAMS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 177. Formula carbon reduction incentive
program</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Metropolitan planning organization;
urbanized area.--The terms `metropolitan planning organization'
and `urbanized area' have the meaning given those terms in
section 134(b).</DELETED>
<DELETED> ``(2) Transportation emissions.--The term
`transportation emissions' means carbon dioxide emissions from
on-road highway sources of those emissions within a
State.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(b) Formula Carbon Reduction Awards.--</DELETED>
<DELETED> ``(1) In general.--For each fiscal year, the
Secretary shall distribute among the States the amounts made
available to carry out this section for that fiscal year in
accordance with paragraph (2).</DELETED>
<DELETED> ``(2) Distribution.--The amount for each State
shall be determined by multiplying the total amount made
available to carry out this section for the applicable fiscal
year by the ratio that--</DELETED>
<DELETED> ``(A) the total base apportionment for the
State under section 104(c); bears to</DELETED>
<DELETED> ``(B) the total base apportionments for
all States under section 104(c).</DELETED>
<DELETED> ``(c) Emissions Reduction Supplemental.--</DELETED>
<DELETED> ``(1) In general.--A State shall use 50 percent of
the amount distributed to the State under subsection (b) for
each fiscal year to carry out activities under paragraph
(2).</DELETED>
<DELETED> ``(2) Eligible activities.--Subject to paragraph
(3), a State and any metropolitan planning organization that is
required to obligate funds in accordance with subsection (e)
shall use the funds under paragraph (1) for activities designed
to reduce transportation emissions, including--</DELETED>
<DELETED> ``(A) a project described in paragraph
(4), (5), (7), or (8) of subsection (b) of section 149
or subsection (c)(2) of that section, regardless of
whether the project--</DELETED>
<DELETED> ``(i) is located in an area
designated as a nonattainment or maintenance
area, as described in section 149(b);
or</DELETED>
<DELETED> ``(ii) is likely to contribute to
the attainment or maintenance in the area of a
national ambient air quality
standard;</DELETED>
<DELETED> ``(B) a project that is eligible for
assistance under section 142;</DELETED>
<DELETED> ``(C) a project for the provision of
facilities for pedestrians and bicyclists (including
the conversion and use of rail corridors for pedestrian
and bike trails);</DELETED>
<DELETED> ``(D) a project that is described in
section 503(c)(4)(E);</DELETED>
<DELETED> ``(E) a project to reduce emissions from
port-related equipment and vehicles;</DELETED>
<DELETED> ``(F) a project to replace street lighting
and traffic control devices with energy efficient
alternatives; and</DELETED>
<DELETED> ``(G) the development of a carbon
reduction strategy under subsection
(d)(1)(A).</DELETED>
<DELETED> ``(3) Limitation.--No funds provided under
paragraph (1) may be used for a project that will result in the
construction of new capacity available to single-occupant
vehicles.</DELETED>
<DELETED> ``(4) Federal share.--The Federal share of the
cost of a project carried out with funds under paragraph (1)
shall be determined in accordance with section 120.</DELETED>
<DELETED> ``(d) Carbon Reduction Strategy Planning Incentive.--
</DELETED>
<DELETED> ``(1) Carbon reduction strategy.--</DELETED>
<DELETED> ``(A) In general.--A State may, in
consultation with a metropolitan planning organization
within the State, develop a carbon reduction
strategy.</DELETED>
<DELETED> ``(B) Requirements.--If a State develops a
carbon reduction strategy under subparagraph (A), the
carbon reduction strategy shall--</DELETED>
<DELETED> ``(i) identify projects and
strategies to reduce transportation emissions,
which may include projects and strategies for
safe, reliable, and cost-effective options--
</DELETED>
<DELETED> ``(I) to reduce traffic
congestion on Federal-aid highways
located within the State or the area
served by the metropolitan planning
organization, as applicable;</DELETED>
<DELETED> ``(II) to facilitate 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
metropolitan planning organization, if
any;</DELETED>
<DELETED> ``(III) to facilitate the
use of vehicles or modes of travel that
result in lower transportation
emissions per person-mile traveled;
and</DELETED>
<DELETED> ``(IV) to facilitate
approaches to transportation asset
construction and maintenance that
result in lower transportation
emissions;</DELETED>
<DELETED> ``(ii) set targets for the
reduction of transportation emissions and
implementation of the projects and strategies
identified under clause (i);</DELETED>
<DELETED> ``(iii) be appropriate to the
population density and context of the State,
including a metropolitan planning organization
within the State, if any;</DELETED>
<DELETED> ``(iv) provide a reasonable
opportunity for participation and review by
interested parties within the State;</DELETED>
<DELETED> ``(v) be updated not less
frequently than once every 3 years;
and</DELETED>
<DELETED> ``(vi) be reviewed and certified
by the Secretary to have met the requirements
of this subparagraph.</DELETED>
<DELETED> ``(2) Carbon reduction strategy planning
incentive.--</DELETED>
<DELETED> ``(A) In general.--A State shall use 50
percent of the amounts made available to the State
under subsection (b) for each fiscal year for the
eligible activities under subparagraph (B).</DELETED>
<DELETED> ``(B) Eligible activities.--</DELETED>
<DELETED> ``(i) In general.--A State and any
metropolitan planning organization in the State
that is required to obligate funds in
accordance with subsection (e) may use the
funds under subparagraph (A) for a project or
strategy described in subsection
(c)(2).</DELETED>
<DELETED> ``(ii) Additional eligibility
incentive.--In addition to the eligible
activities under clause (i), a State and any
metropolitan planning organization in the State
that is required to obligate funds in
accordance with subsection (e) may use the
funds under subparagraph (A) for a project
eligible under section 133(b) if--</DELETED>
<DELETED> ``(I) the State has,
within the fiscal year prior to the
fiscal year in which the Secretary is
making the grant or by a deadline
established by the Secretary in the
fiscal year in which the Secretary is
making the grant, developed a carbon
reduction strategy under paragraph
(1)(A) that has been approved by the
Secretary under clause (vi) of that
paragraph; or</DELETED>
<DELETED> ``(II) the State or
metropolitan planning organization has,
within the 4 fiscal years prior to the
fiscal year in which the Secretary is
making the grant or by a deadline
established by the Secretary in the
fiscal year in which the Secretary is
making the grant, incorporated a carbon
reduction strategy under paragraph
(1)(A) into--</DELETED>
<DELETED> ``(aa) a long-
range transportation plan
developed by the metropolitan
planning organization under
section 134(c), if any;
and</DELETED>
<DELETED> ``(bb) the long-
range statewide transportation
plan developed by the State
under section
135(f)(1).</DELETED>
<DELETED> ``(C) Federal share.--The Federal share of
the cost of a project carried out using funds under
subparagraph (A) shall be--</DELETED>
<DELETED> ``(i) in the case of a State or
metropolitan planning organization within a
State that meets the requirements under
subparagraph (B)(ii), up to 100 percent, at the
discretion of the State; and</DELETED>
<DELETED> ``(ii) in the case of a State or
metropolitan planning organization within a
State that is not described in clause (i),
determined in accordance with section
120.</DELETED>
<DELETED> ``(e) Suballocation Requirements.--</DELETED>
<DELETED> ``(1) In general.--For each fiscal year, of the
funds made available to a State under subsections (c) and (d)--
</DELETED>
<DELETED> ``(A) 65 percent of each amount shall be
obligated, in proportion to their relative shares of
the population of the State--</DELETED>
<DELETED> ``(i) in urbanized areas of the
State with an urbanized area population of over
200,000; and</DELETED>
<DELETED> ``(ii) in other areas of the
State; and</DELETED>
<DELETED> ``(B) the remainder may be obligated in
any area of the State.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Distribution among urbanized areas of over
200,000 population.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), the amount that a State is required
to obligate under paragraph (1)(A)(i) shall be
obligated in urbanized areas described in paragraph
(1)(A)(i) based on the relative population of the
areas.</DELETED>
<DELETED> ``(B) Other factors.--The State may
obligate the funds described in subparagraph (A) based
on other factors if--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) the Secretary grants the
request.</DELETED>
<DELETED> ``(4) Consultation in urbanized areas.--Before
obligating funds for an eligible activity under subsection (c)
or (d) in an urbanized area that is not a transportation
management area, a State shall consult with any metropolitan
planning organization that represents the urbanized area prior
to determining which activities should be carried
out.</DELETED>
<DELETED> ``(5) Consultation in rural areas.--Before
obligating funds for an eligible activity under subsection (c)
or (d) 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.</DELETED>
<DELETED>``Sec. 178. Carbon reduction performance program</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Metropolitan planning organization;
urbanized area.--The terms `metropolitan planning organization'
and `urbanized area' have the meaning given those terms in
section 134(b).</DELETED>
<DELETED> ``(2) Qualifying state.--The term `qualifying
State' means a State in which--</DELETED>
<DELETED> ``(A) the average annual transportation
emissions within the State has grown more slowly or
declined during the most recent 2-calendar year period
for which data are available for transportation
emissions at the time the Secretary is making the grant
under this section, as compared to the 2-calendar year
period that immediately precedes that period;
or</DELETED>
<DELETED> ``(B) the average annual transportation
emissions within the State, as estimated on a per
capita basis, has grown more slowly or declined during
the most recent 2-calendar year period for which data
are available for transportation emissions at the time
the Secretary is making the grant under this section,
as compared to the 2-calendar year period that
immediately precedes that period.</DELETED>
<DELETED> ``(3) Qualifying unit of local government.--The
term `qualifying unit of local government' means a unit of
local government in an urbanized area served by a metropolitan
planning organization, in which--</DELETED>
<DELETED> ``(A) the average annual transportation
emissions within the urbanized area has grown more
slowly or declined during the most recent 2-calendar
year period for which data are available for
transportation emissions at the time the Secretary is
making the grant under this section, as compared to the
2-calendar year period that immediately precedes that
period; or</DELETED>
<DELETED> ``(B) the average annual transportation
emissions within the urbanized area, as estimated on a
per capita basis, has grown more slowly or declined
during the most recent 2-calendar year period for which
data are available for transportation emissions at the
time the Secretary is making the grant under this
section, as compared to the 2-calendar year period that
immediately precedes that period.</DELETED>
<DELETED> ``(4) Transportation emissions.--The term
`transportation emissions' has the meaning given the term in
section 177(a).</DELETED>
<DELETED> ``(b) Carbon Reduction Performance and Planning
Recognition Awards.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall establish a
competitive grant program to award grants to eligible entities
in recognition of the achievement of the eligible entity in
meeting the performance categories described in paragraph
(3)(A).</DELETED>
<DELETED> ``(2) Eligible entities.--The Secretary shall
distribute amounts under paragraph (1) to any of the
following:</DELETED>
<DELETED> ``(A) A qualifying State.</DELETED>
<DELETED> ``(B) A qualifying unit of local
government.</DELETED>
<DELETED> ``(3) Performance categories.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
select eligible entities to receive a grant under
paragraph (1) to recognize the achievement of the
eligible entity in meeting any of the following
performance categories:</DELETED>
<DELETED> ``(i) A significant reduction in
transportation emissions, as estimated on a per
unit of economic output basis.</DELETED>
<DELETED> ``(ii) A significant reduction in
transportation emissions, as estimated on a per
capita basis.</DELETED>
<DELETED> ``(iii) Transportation emissions,
as estimated on a per unit of economic output
basis, that are among the lowest of
jurisdictions with comparable population and
surface transportation system
characteristics.</DELETED>
<DELETED> ``(iv) Transportation emissions,
as estimated on a per capita basis, that are
among the lowest of jurisdictions with
comparable population and surface
transportation system
characteristics.</DELETED>
<DELETED> ``(v) Innovative planning efforts
and the implementation of a carbon reduction
strategy under section 177(d)(1)(A) or plans
that lead to a reduction in transportation
emissions.</DELETED>
<DELETED> ``(B) Merit based distribution.--In
selecting among eligible entities to receive grants
under paragraph (1) and the amount of each of those
grants, the Secretary shall give priority to eligible
entities that have achieved the most significant levels
of reductions of transportation emissions, as estimated
on either a per unit of economic basis or on a per
capita basis.</DELETED>
<DELETED> ``(C) Multiple awards.--The Secretary
may--</DELETED>
<DELETED> ``(i) award a grant under
paragraph (1) to multiple eligible entities for
each performance category described in
subparagraph (A); and</DELETED>
<DELETED> ``(ii) recognize achievements in
each performance category described in
subparagraph (A)--</DELETED>
<DELETED> ``(I) in urban and rural
areas; and</DELETED>
<DELETED> ``(II) on the State and
local level.</DELETED>
<DELETED> ``(D) Repeat awards.--The Secretary may
not award a grant under this subsection to the same
eligible entity more than once in a 2-year
period.</DELETED>
<DELETED> ``(4) Award amount.--A grant under paragraph (1)
shall be in an amount--</DELETED>
<DELETED> ``(A) not less than $5,000,000;
and</DELETED>
<DELETED> ``(B) not more than $30,000,000.</DELETED>
<DELETED> ``(5) Eligible uses.--An eligible entity may use a
grant under paragraph (1) for--</DELETED>
<DELETED> ``(A) an activity eligible under this
title; and</DELETED>
<DELETED> ``(B) a project--</DELETED>
<DELETED> ``(i) to maintain the condition of
a Federal-aid highway, including routine
maintenance; or</DELETED>
<DELETED> ``(ii) that--</DELETED>
<DELETED> ``(I) responds to a
specific condition or event;
and</DELETED>
<DELETED> ``(II) restores a Federal-
aid highway to a functional state of
operations.</DELETED>
<DELETED> ``(6) Applications.--To be eligible to receive a
grant under paragraph (1), 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.</DELETED>
<DELETED> ``(7) Federal share.--The Federal share of the
cost of a project carried out using a grant under paragraph (1)
shall be, as determined at the discretion of the grant
recipient, up to 100 percent.''.</DELETED>
<DELETED> (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 176 the
following:</DELETED>
<DELETED>``177. Formula carbon reduction incentive program.
<DELETED>``178. Carbon reduction performance program.''.
<DELETED>SEC. 1404. CONGESTION RELIEF PROGRAM.</DELETED>
<DELETED> (a) In General.--Section 129 of title 23, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED> ``(d) Congestion Relief Program.--</DELETED>
<DELETED> ``(1) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) Eligible entity.--The term `eligible
entity' means--</DELETED>
<DELETED> ``(i) a State, for the purpose of
carrying out a project in an urbanized area
with a population of more than 1,000,000;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Program.--The term `program' means
the congestion relief program established under
paragraph (2).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) improving intermodal integration
with highways, highway operations, and highway
performance;</DELETED>
<DELETED> ``(B) reducing or shifting highway users
to off-peak travel times or to nonhighway travel modes
during peak travel times; and</DELETED>
<DELETED> ``(C) pricing of, or based on, as
applicable--</DELETED>
<DELETED> ``(i) parking;</DELETED>
<DELETED> ``(ii) use of roadways, including
in designated geographic zones; or</DELETED>
<DELETED> ``(iii) congestion.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) deployment and operation of an
integrated congestion management system;</DELETED>
<DELETED> ``(B) deployment and operation of a system
that implements or enforces high occupancy vehicle toll
lanes, cordon pricing, parking pricing, or congestion
pricing;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) incentive programs that encourage
travelers to carpool, use nonhighway travel modes
during peak period, or travel during nonpeak
periods.</DELETED>
<DELETED> ``(5) Application; selection.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(D) Minimum award.--A grant provided
under the program shall be not less than
$10,000,000.</DELETED>
<DELETED> ``(6) Use of tolling.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Requirements.--The Secretary may
only approve the use of tolls under subparagraph (A)
if--</DELETED>
<DELETED> ``(i) the eligible entity has
authority under State, and if applicable,
local, law to assess the applicable
toll;</DELETED>
<DELETED> ``(ii) the maximum toll rate for
any vehicle class is not greater than the
product obtained by multiplying--</DELETED>
<DELETED> ``(I) the toll rate for
any other vehicle class; and</DELETED>
<DELETED> ``(II) 5;</DELETED>
<DELETED> ``(iii) the toll rates are not
charged or varied on the basis of State
residency;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(v) the use of toll revenues
complies with subsection (a)(3).</DELETED>
<DELETED> ``(C) Limitation.--The Secretary may not
approve the use of tolls on the Interstate System under
the program in more than 10 urbanized areas.</DELETED>
<DELETED> ``(7) Financial effects on low-income drivers.--A
project under the program--</DELETED>
<DELETED> ``(A) shall include, if appropriate, an
analysis of the potential effects of the project on
low-income drivers; and</DELETED>
<DELETED> ``(B) may include mitigation measures to
deal with any potential adverse financial effects on
low-income drivers.''.</DELETED>
<DELETED> (b) High Occupancy Vehicle Use of Certain Toll
Facilities.--Section 129(a) of title 23, United States Code, is
amended--</DELETED>
<DELETED> (1) by redesignating paragraph (10) as paragraph
(11); and</DELETED>
<DELETED> (2) by inserting after paragraph (9) the
following:</DELETED>
<DELETED> ``(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
America's Transportation Infrastructure Act of 2019, 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.''.</DELETED>
<DELETED>SEC. 1405. FREIGHT PLANS.</DELETED>
<DELETED> (a) National and State Freight Plans.--</DELETED>
<DELETED> (1) National freight strategic plan.--Section
70102(b) of title 49, United States Code, is amended--
</DELETED>
<DELETED> (A) in paragraph (10), by striking ``and''
at the end;</DELETED>
<DELETED> (B) in paragraph (11), by striking the
period at the end and inserting a semicolon;
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(12) possible strategies to increase resiliency,
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;</DELETED>
<DELETED> ``(13) strategies to promote United States
economic growth and international competitiveness;
and</DELETED>
<DELETED> ``(14) strategies to reduce local air pollution,
water runoff, and wildlife habitat loss.''.</DELETED>
<DELETED> (2) State freight plans.--Section 70202 of title
49, United States Code, is amended--</DELETED>
<DELETED> (A) in subsection (b)--</DELETED>
<DELETED> (i) in paragraph (9), by striking
``and'' at the end;</DELETED>
<DELETED> (ii) by redesignating paragraph
(10) as paragraph (13); and</DELETED>
<DELETED> (iii) by inserting after paragraph
(9) the following:</DELETED>
<DELETED> ``(10) the most recent commercial motor vehicle
parking facilities assessment conducted under subsection
(f);</DELETED>
<DELETED> ``(11) strategies and goals to decrease--
</DELETED>
<DELETED> ``(A) the severity of impacts of extreme
weather and natural disasters;</DELETED>
<DELETED> ``(B) local air pollution;</DELETED>
<DELETED> ``(C) flooding, water runoff, and other
adverse water impacts; and</DELETED>
<DELETED> ``(D) wildlife habitat loss;</DELETED>
<DELETED> ``(12) strategies and goals to decrease the
adverse impact of freight transportation on communities
traversed by freight railroads; and'';</DELETED>
<DELETED> (B) by redesignating subsection (e) as
subsection (h); and</DELETED>
<DELETED> (C) by inserting after subsection (d) the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) enhance reliability or redundancy;
or</DELETED>
<DELETED> ``(2) incorporate the ability to rapidly restore
access and reliability.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) the volume of commercial motor vehicle
traffic in the State; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(g) Approval.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Savings provision.--Nothing in this
subsection establishes new procedural requirements for the
approval of a State freight plan described in subsection
(a).''.</DELETED>
<DELETED> (b) Studies.--For the purpose of facilitating the
integration of freight transportation into an intelligent
transportation system network powered by electricity, the Secretary,
acting through the Administrator of the Federal Highway Administration,
shall conduct 2 or more appropriate studies relating to--</DELETED>
<DELETED> (1) preparing to supply power to applicable
electrical freight infrastructure; and</DELETED>
<DELETED> (2) safely integrating freight into a smart
vehicle world.</DELETED>
<DELETED>SEC. 1406. UTILIZING SIGNIFICANT EMISSIONS WITH INNOVATIVE
TECHNOLOGIES.</DELETED>
<DELETED> (a) Research, Investigation, Training, and Other
Activities.--Section 103 of the Clean Air Act (42 U.S.C. 7403) is
amended--</DELETED>
<DELETED> (1) in subsection (c)(3), in the first sentence of
the matter preceding subparagraph (A), by striking
``percursors'' and inserting ``precursors''; and</DELETED>
<DELETED> (2) in subsection (g)--</DELETED>
<DELETED> (A) by redesignating paragraphs (1)
through (4) as subparagraphs (A) through (D),
respectively, and indenting appropriately;</DELETED>
<DELETED> (B) in the undesignated matter following
subparagraph (D) (as so redesignated)--</DELETED>
<DELETED> (i) in the second sentence, by
striking ``The Administrator'' and inserting
the following:</DELETED>
<DELETED> ``(5) Coordination and avoidance of duplication.--
The Administrator''; and</DELETED>
<DELETED> (ii) in the first sentence, by
striking ``Nothing'' and inserting the
following:</DELETED>
<DELETED> ``(4) Effect of subsection.--Nothing'';</DELETED>
<DELETED> (C) in the matter preceding subparagraph
(A) (as so redesignated)--</DELETED>
<DELETED> (i) in the third sentence, by
striking ``Such program'' and inserting the
following:</DELETED>
<DELETED> ``(3) Program inclusions.--The program under this
subsection'';</DELETED>
<DELETED> (ii) in the second sentence--
</DELETED>
<DELETED> (I) by inserting ``States,
institutions of higher education,''
after ``scientists,''; and</DELETED>
<DELETED> (II) by striking ``Such
strategies and technologies shall be
developed'' and inserting the
following:</DELETED>
<DELETED> ``(2) Participation requirement.--Such strategies
and technologies described in paragraph (1) shall be
developed''; and</DELETED>
<DELETED> (iii) in the first sentence, by
striking ``In carrying out'' and inserting the
following:</DELETED>
<DELETED> ``(1) In general.--In carrying out'';
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(6) Certain carbon dioxide activities.--
</DELETED>
<DELETED> ``(A) In general.--In carrying out
paragraph (3)(A) with respect to carbon dioxide, the
Administrator shall carry out the activities described
in each of subparagraphs (B), (C), (D), and
(E).</DELETED>
<DELETED> ``(B) Direct air capture research.--
</DELETED>
<DELETED> ``(i) Definitions.--In this
subparagraph:</DELETED>
<DELETED> ``(I) Board.--The term
`Board' means the Direct Air Capture
Technology Advisory Board established
by clause (iii)(I).</DELETED>
<DELETED> ``(II) Dilute.--The term
`dilute' means a concentration of less
than 1 percent by volume.</DELETED>
<DELETED> ``(III) Direct air
capture.--</DELETED>
<DELETED> ``(aa) In
general.--The term `direct air
capture', with respect to a
facility, technology, or
system, means that the
facility, technology, or system
uses carbon capture equipment
to capture carbon dioxide
directly from the
air.</DELETED>
<DELETED> ``(bb)
Exclusion.--The term `direct
air capture' does not include
any facility, technology, or
system that captures carbon
dioxide--</DELETED>
<DELETED> ``(AA)
that is deliberately
released from a
naturally occurring
subsurface spring;
or</DELETED>
<DELETED> ``(BB)
using natural
photosynthesis.</DELETED>
<DELETED> ``(IV) Intellectual
property.--The term `intellectual
property' means--</DELETED>
<DELETED> ``(aa) an
invention that is patentable
under title 35, United States
Code; and</DELETED>
<DELETED> ``(bb) any patent
on an invention described in
item (aa).</DELETED>
<DELETED> ``(ii) Technology prizes.--
</DELETED>
<DELETED> ``(I) In general.--Not
later than 1 year after the date of
enactment of the America's
Transportation Infrastructure Act of
2019, the Administrator, in
consultation with the Secretary of
Energy, shall establish a program to
provide, and shall provide, financial
awards on a competitive basis for
direct air capture from media in which
the concentration of carbon dioxide is
dilute.</DELETED>
<DELETED> ``(II) Duties.--In
carrying out this clause, the
Administrator shall--</DELETED>
<DELETED> ``(aa) subject to
subclause (III), develop
specific requirements for--
</DELETED>
<DELETED> ``(AA) the
competition process;
and</DELETED>
<DELETED> ``(BB) the
demonstration of
performance of approved
projects;</DELETED>
<DELETED> ``(bb) offer
financial awards for a project
designed--</DELETED>
<DELETED> ``(AA) to
the maximum extent
practicable, to capture
more than 10,000 tons
of carbon dioxide per
year; and</DELETED>
<DELETED> ``(BB) to
operate in a manner
that would be
commercially viable in
the foreseeable future
(as determined by the
Board); and</DELETED>
<DELETED> ``(cc) to the
maximum extent practicable,
make financial awards to
geographically diverse
projects, including at least--
</DELETED>
<DELETED> ``(AA) 1
project in a coastal
State; and</DELETED>
<DELETED> ``(BB) 1
project in a rural
State.</DELETED>
<DELETED> ``(III) Public
participation.--In carrying out
subclause (II)(aa), the Administrator
shall--</DELETED>
<DELETED> ``(aa) provide
notice of and, for a period of
not less than 60 days, an
opportunity for public comment
on, any draft or proposed
version of the requirements
described in subclause
(II)(aa); and</DELETED>
<DELETED> ``(bb) take into
account public comments
received in developing the
final version of those
requirements.</DELETED>
<DELETED> ``(iii) Direct air capture
technology advisory board.--</DELETED>
<DELETED> ``(I) Establishment.--
There is established an advisory board
to be known as the `Direct Air Capture
Technology Advisory Board'.</DELETED>
<DELETED> ``(II) Composition.--The
Board shall be composed of 9 members
appointed by the Administrator, who
shall provide expertise in--</DELETED>
<DELETED> ``(aa) climate
science;</DELETED>
<DELETED> ``(bb)
physics;</DELETED>
<DELETED> ``(cc)
chemistry;</DELETED>
<DELETED> ``(dd)
biology;</DELETED>
<DELETED> ``(ee)
engineering;</DELETED>
<DELETED> ``(ff)
economics;</DELETED>
<DELETED> ``(gg) business
management; and</DELETED>
<DELETED> ``(hh) such other
disciplines as the
Administrator determines to be
necessary to achieve the
purposes of this
subparagraph.</DELETED>
<DELETED> ``(III) Term; vacancies.--
</DELETED>
<DELETED> ``(aa) Term.--A
member of the Board shall serve
for a term of 6
years.</DELETED>
<DELETED> ``(bb)
Vacancies.--A vacancy on the
Board--</DELETED>
<DELETED> ``(AA)
shall not affect the
powers of the Board;
and</DELETED>
<DELETED> ``(BB)
shall be filled in the
same manner as the
original appointment
was made.</DELETED>
<DELETED> ``(IV) Initial meeting.--
Not later than 30 days after the date
on which all members of the Board have
been appointed, the Board shall hold
the initial meeting of the
Board.</DELETED>
<DELETED> ``(V) Meetings.--The Board
shall meet at the call of the
Chairperson or on the request of the
Administrator.</DELETED>
<DELETED> ``(VI) Quorum.--A majority
of the members of the Board shall
constitute a quorum, but a lesser
number of members may hold
hearings.</DELETED>
<DELETED> ``(VII) Chairperson and
vice chairperson.--The Board shall
select a Chairperson and Vice
Chairperson from among the members of
the Board.</DELETED>
<DELETED> ``(VIII) Compensation.--
Each member of the Board may be
compensated at not to exceed the daily
equivalent of the annual rate of basic
pay in effect for a position at level V
of the Executive Schedule under section
5316 of title 5, United States Code,
for each day during which the member is
engaged in the actual performance of
the duties of the Board.</DELETED>
<DELETED> ``(IX) Duties.--The Board
shall advise the Administrator on
carrying out the duties of the
Administrator under this
subparagraph.</DELETED>
<DELETED> ``(X) FACA.--The Federal
Advisory Committee Act (5 U.S.C. App.)
shall apply to the Board.</DELETED>
<DELETED> ``(iv) Intellectual property.--
</DELETED>
<DELETED> ``(I) In general.--As a
condition of receiving a financial
award under this subparagraph, an
applicant shall agree to vest the
intellectual property of the applicant
derived from the technology in 1 or
more entities that are incorporated in
the United States.</DELETED>
<DELETED> ``(II) Reservation of
license.--The United States--</DELETED>
<DELETED> ``(aa) may reserve
a nonexclusive,
nontransferable, irrevocable,
paid-up license, to have
practiced for or on behalf of
the United States, in
connection with any
intellectual property described
in subclause (I); but</DELETED>
<DELETED> ``(bb) shall not,
in the exercise of a license
reserved under item (aa),
publicly disclose proprietary
information relating to the
license.</DELETED>
<DELETED> ``(III) Transfer of
title.--Title to any intellectual
property described in subclause (I)
shall not be transferred or passed,
except to an entity that is
incorporated in the United States,
until the expiration of the first
patent obtained in connection with the
intellectual property.</DELETED>
<DELETED> ``(v) Authorization of
appropriations.--</DELETED>
<DELETED> ``(I) In general.--There
is authorized to be appropriated to
carry out this subparagraph
$35,000,000, to remain available until
expended.</DELETED>
<DELETED> ``(II) Requirement.--
Research carried out using amounts made
available under subclause (I) may not
duplicate research funded by the
Department of Energy.</DELETED>
<DELETED> ``(vi) Termination of authority.--
The Board and all authority provided under this
subparagraph shall terminate not later than 10
years after the date of enactment of the
America's Transportation Infrastructure Act of
2019.</DELETED>
<DELETED> ``(C) Carbon dioxide utilization
research.--</DELETED>
<DELETED> ``(i) Definition of carbon dioxide
utilization.--In this subparagraph, the term
`carbon dioxide utilization' refers to
technologies or approaches that lead to the use
of carbon dioxide--</DELETED>
<DELETED> ``(I) through the fixation
of carbon dioxide through
photosynthesis or chemosynthesis, such
as through the growing of algae or
bacteria;</DELETED>
<DELETED> ``(II) through the
chemical conversion of carbon dioxide
to a material or chemical compound in
which the carbon dioxide is securely
stored; or</DELETED>
<DELETED> ``(III) through the use of
carbon dioxide for any other purpose
for which a commercial market exists,
as determined by the
Administrator.</DELETED>
<DELETED> ``(ii) Program.--The
Administrator, in consultation with the
Secretary of Energy, shall carry out a research
and development program for carbon dioxide
utilization to promote existing and new
technologies that transform carbon dioxide
generated by industrial processes into a
product of commercial value, or as an input to
products of commercial value.</DELETED>
<DELETED> ``(iii) Technical and financial
assistance.--Not later than 2 years after the
date of enactment of the America's
Transportation Infrastructure Act of 2019, in
carrying out this subsection, the
Administrator, in consultation with the
Secretary of Energy, shall support research and
infrastructure activities relating to carbon
dioxide utilization by providing technical
assistance and financial assistance in
accordance with clause (iv).</DELETED>
<DELETED> ``(iv) Eligibility.--To be
eligible to receive technical assistance and
financial assistance under clause (iii), a
carbon dioxide utilization project shall--
</DELETED>
<DELETED> ``(I) have access to an
emissions stream generated by a
stationary source within the United
States that is capable of supplying not
less than 250 metric tons per day of
carbon dioxide for research;</DELETED>
<DELETED> ``(II) have access to
adequate space for a laboratory and
equipment for testing small-scale
carbon dioxide utilization
technologies, with onsite access to
larger test bays for scale-up;
and</DELETED>
<DELETED> ``(III) have existing
partnerships with institutions of
higher education, private companies,
States, or other government
entities.</DELETED>
<DELETED> ``(v) Coordination.--In supporting
carbon dioxide utilization projects under this
paragraph, the Administrator shall consult with
the Secretary of Energy, and, as appropriate,
with the head of any other relevant Federal
agency, States, the private sector, and
institutions of higher education to develop
methods and technologies to account for the
carbon dioxide emissions avoided by the carbon
dioxide utilization projects.</DELETED>
<DELETED> ``(vi) Authorization of
appropriations.--</DELETED>
<DELETED> ``(I) In general.--There
is authorized to be appropriated to
carry out this subparagraph
$50,000,000, to remain available until
expended.</DELETED>
<DELETED> ``(II) Requirement.--
Research carried out using amounts made
available under subclause (I) may not
duplicate research funded by the
Department of Energy.</DELETED>
<DELETED> ``(D) Deep saline formation report.--
</DELETED>
<DELETED> ``(i) Definition of deep saline
formation.--</DELETED>
<DELETED> ``(I) In general.--In this
subparagraph, the term `deep saline
formation' means a formation of
subsurface geographically extensive
sedimentary rock layers saturated with
waters or brines that have a high total
dissolved solids content and that are
below the depth where carbon dioxide
can exist in the formation as a
supercritical fluid.</DELETED>
<DELETED> ``(II) Clarification.--In
this subparagraph, the term `deep
saline formation' does not include oil
and gas reservoirs.</DELETED>
<DELETED> ``(ii) Report.--In consultation
with the Secretary of Energy, and, as
appropriate, with the head of any other
relevant Federal agency and relevant
stakeholders, not later than 1 year after the
date of enactment of the America's
Transportation Infrastructure Act of 2019, the
Administrator shall prepare, submit to
Congress, and make publicly available a report
that includes--</DELETED>
<DELETED> ``(I) a comprehensive
identification of potential risks and
benefits to project developers
associated with increased storage of
carbon dioxide captured from stationary
sources in deep saline formations,
using existing research;</DELETED>
<DELETED> ``(II) recommendations, if
any, for managing the potential risks
identified under subclause (I),
including potential risks unique to
public land; and</DELETED>
<DELETED> ``(III) recommendations,
if any, for Federal legislation or
other policy changes to mitigate any
potential risks identified under
subclause (I).</DELETED>
<DELETED> ``(E) Report on carbon dioxide
nonregulatory strategies and technologies.--</DELETED>
<DELETED> ``(i) In general.--Not less
frequently than once every 2 years, the
Administrator shall submit to the Committee on
Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the
House of Representatives a report that
describes--</DELETED>
<DELETED> ``(I) the recipients of
assistance under subparagraphs (B) and
(C); and</DELETED>
<DELETED> ``(II) a plan for
supporting additional nonregulatory
strategies and technologies that could
significantly prevent carbon dioxide
emissions or reduce carbon dioxide
levels in the air, in conjunction with
other Federal agencies.</DELETED>
<DELETED> ``(ii) Inclusions.--The plan
submitted under clause (i) shall include--
</DELETED>
<DELETED> ``(I) a methodology for
evaluating and ranking technologies
based on the ability of the
technologies to cost effectively reduce
carbon dioxide emissions or carbon
dioxide levels in the air;
and</DELETED>
<DELETED> ``(II) a description of
any nonair-related environmental or
energy considerations regarding the
technologies.</DELETED>
<DELETED> ``(F) GAO report.--The Comptroller General
of the United States shall submit to Congress a report
that--</DELETED>
<DELETED> ``(i) identifies all Federal grant
programs in which a purpose of a grant under
the program is to perform research on carbon
capture and utilization technologies, including
direct air capture technologies; and</DELETED>
<DELETED> ``(ii) examines the extent to
which the Federal grant programs identified
pursuant to clause (i) overlap or are
duplicative.''.</DELETED>
<DELETED> (b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this subsection as the
``Administrator'') shall submit to Congress a report describing how
funds appropriated to the Administrator during the 5 most recent fiscal
years have been used to carry out section 103 of the Clean Air Act (42
U.S.C. 7403), including a description of--</DELETED>
<DELETED> (1) the amount of funds used to carry out specific
provisions of that section; and</DELETED>
<DELETED> (2) the practices used by the Administrator to
differentiate funding used to carry out that section, as
compared to funding used to carry out other provisions of
law.</DELETED>
<DELETED> (c) Inclusion of Carbon Capture Infrastructure Projects.--
Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended--
</DELETED>
<DELETED> (1) in subparagraph (A)--</DELETED>
<DELETED> (A) in the matter preceding clause (i), by
inserting ``carbon capture,'' after
``manufacturing,'';</DELETED>
<DELETED> (B) in clause (i)(III), by striking ``or''
at the end;</DELETED>
<DELETED> (C) by redesignating clause (ii) as clause
(iii); and</DELETED>
<DELETED> (D) by inserting after clause (i) the
following:</DELETED>
<DELETED> ``(ii) is covered by a
programmatic plan or environmental review
developed for the primary purpose of
facilitating development of carbon dioxide
pipelines; or''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(C) Inclusion.--For purposes of
subparagraph (A), construction of infrastructure for
carbon capture includes construction of--</DELETED>
<DELETED> ``(i) any facility, technology, or
system that captures, utilizes, or sequesters
carbon dioxide emissions, including projects
for direct air capture (as defined in paragraph
(6)(B)(i) of section 103(g) of the Clean Air
Act (42 U.S.C. 7403(g)); and</DELETED>
<DELETED> ``(ii) carbon dioxide
pipelines.''.</DELETED>
<DELETED> (d) Development of Carbon Capture, Utilization, and
Sequestration Report, Permitting Guidance, and Regional Permitting Task
Force.--</DELETED>
<DELETED> (1) Definitions.--In this subsection:</DELETED>
<DELETED> (A) Carbon capture, utilization, and
sequestration projects.--The term ``carbon capture,
utilization, and sequestration projects'' includes
projects for direct air capture (as defined in
paragraph (6)(B)(i) of section 103(g) of the Clean Air
Act (42 U.S.C. 7403(g))).</DELETED>
<DELETED> (B) Efficient, orderly, and responsible.--
The term ``efficient, orderly, and responsible'' means,
with respect to development or the permitting process
for carbon capture, utilization, and sequestration
projects and carbon dioxide pipelines, a process that
is completed in an expeditious manner while maintaining
environmental, health, and safety
protections.</DELETED>
<DELETED> (2) Report.--</DELETED>
<DELETED> (A) In general.--Not later than 180 days
after the date of enactment of this Act, the Chair of
the Council on Environmental Quality (referred to in
this subsection as the ``Chair''), in consultation with
the Administrator of the Environmental Protection
Agency, the Secretary of Energy, the Secretary of the
Interior, the Executive Director of the Federal
Permitting Improvement Council, and the head of any
other relevant Federal agency (as determined by the
President), shall prepare a report that--</DELETED>
<DELETED> (i) compiles all existing relevant
Federal permitting and review information and
resources for project applicants, agencies, and
other stakeholders interested in the deployment
of carbon capture, utilization, and
sequestration projects and carbon dioxide
pipelines, including--</DELETED>
<DELETED> (I) the appropriate points
of interaction with Federal
agencies;</DELETED>
<DELETED> (II) clarification of the
permitting responsibilities and
authorities among Federal agencies;
and</DELETED>
<DELETED> (III) best practices and
templates for permitting;</DELETED>
<DELETED> (ii) inventories current or
emerging activities that transform captured
carbon dioxide into a product of commercial
value, or as an input to products of commercial
value;</DELETED>
<DELETED> (iii) inventories existing
initiatives and recent publications that
analyze or identify priority carbon dioxide
pipelines needed to enable efficient, orderly,
and responsible development of carbon capture,
utilization, and sequestration projects at
increased scale;</DELETED>
<DELETED> (iv) identifies gaps in the
current Federal regulatory framework for the
deployment of carbon capture, utilization, and
sequestration projects and carbon dioxide
pipelines; and</DELETED>
<DELETED> (v) identifies Federal financing
mechanisms available to project
developers.</DELETED>
<DELETED> (B) Submission; publication.--The Chair
shall--</DELETED>
<DELETED> (i) submit the report under
subparagraph (A) to the Committee on
Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the
House of Representatives; and</DELETED>
<DELETED> (ii) as soon as practicable, make
the report publicly available.</DELETED>
<DELETED> (3) Guidance.--</DELETED>
<DELETED> (A) In general.--After submission of the
report under paragraph (2)(B), but not later than 1
year after the date of enactment of this Act, the Chair
shall submit guidance consistent with that report to
all relevant Federal agencies that--</DELETED>
<DELETED> (i) facilitates reviews associated
with the deployment of carbon capture,
utilization, and sequestration projects and
carbon dioxide pipelines; and</DELETED>
<DELETED> (ii) supports the efficient,
orderly, and responsible development of carbon
capture, utilization, and sequestration
projects and carbon dioxide
pipelines.</DELETED>
<DELETED> (B) Requirements.--</DELETED>
<DELETED> (i) In general.--The guidance
under subparagraph (A) shall address
requirements under--</DELETED>
<DELETED> (I) the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);</DELETED>
<DELETED> (II) the Federal Water
Pollution Control Act (33 U.S.C. 1251
et seq.);</DELETED>
<DELETED> (III) the Clean Air Act
(42 U.S.C. 7401 et seq.);</DELETED>
<DELETED> (IV) the Safe Drinking
Water Act (42 U.S.C. 300f et
seq.);</DELETED>
<DELETED> (V) the Endangered Species
Act of 1973 (16 U.S.C. 1531 et
seq.);</DELETED>
<DELETED> (VI) division A of
subtitle III of title 54, United States
Code (formerly known as the ``National
Historic Preservation Act'');</DELETED>
<DELETED> (VII) the Migratory Bird
Treaty Act (16 U.S.C. 703 et
seq.);</DELETED>
<DELETED> (VIII) the Act of June 8,
1940 (16 U.S.C. 668 et seq.) (commonly
known as the ``Bald and Golden Eagle
Protection Act''); and</DELETED>
<DELETED> (IX) any other Federal law
that the Chair determines to be
appropriate.</DELETED>
<DELETED> (ii) Environmental reviews.--The
guidance under subparagraph (A) shall include
direction to States and other interested
parties for the development of programmatic
environmental reviews under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for carbon capture, utilization,
and sequestration projects and carbon dioxide
pipelines.</DELETED>
<DELETED> (iii) Public involvement.--The
guidance under subparagraph (A) shall be
subject to the public notice, comment, and
solicitation of information procedures under
section 1506.6 of title 40, Code of Federal
Regulations (or a successor
regulation).</DELETED>
<DELETED> (C) Submission; publication.--The Chair
shall--</DELETED>
<DELETED> (i) submit the guidance under
subparagraph (A) to the Committee on
Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the
House of Representatives; and</DELETED>
<DELETED> (ii) as soon as practicable, make
the guidance publicly available.</DELETED>
<DELETED> (D) Evaluation.--The Chair shall--
</DELETED>
<DELETED> (i) periodically evaluate the
reports of the task forces under paragraph
(4)(E) and, as necessary, revise the guidance
under subparagraph (A); and</DELETED>
<DELETED> (ii) each year, submit to the
Committee on Environment and Public Works of
the Senate, the Committee on Energy and
Commerce of the House of Representatives, and
relevant Federal agencies a report that
describes any recommendations for legislation,
rules, revisions to rules, or other policies
that would address the issues identified by the
task forces under paragraph (4)(E).</DELETED>
<DELETED> (4) Task force.--</DELETED>
<DELETED> (A) Establishment.--Not later than 18
months after the date of enactment of this Act, the
Chair shall establish not less than 2 task forces,
which shall each cover a different geographical area
with differing demographic, land use, or geological
issues--</DELETED>
<DELETED> (i) to identify permitting and
other challenges and successes that permitting
authorities and project developers and
operators face; and</DELETED>
<DELETED> (ii) to improve the performance of
the permitting process and regional
coordination for the purpose of promoting the
efficient, orderly, and responsible development
of carbon capture, utilization, and
sequestration projects and carbon dioxide
pipelines.</DELETED>
<DELETED> (B) Members and selection.--</DELETED>
<DELETED> (i) In general.--The Chair shall--
</DELETED>
<DELETED> (I) develop criteria for
the selection of members to each task
force; and</DELETED>
<DELETED> (II) select members for
each task force in accordance with
subclause (I) and clause
(ii).</DELETED>
<DELETED> (ii) Members.--Each task force--
</DELETED>
<DELETED> (I) shall include not less
than 1 representative of each of--
</DELETED>
<DELETED> (aa) the
Environmental Protection
Agency;</DELETED>
<DELETED> (bb) the
Department of Energy;</DELETED>
<DELETED> (cc) the
Department of the
Interior;</DELETED>
<DELETED> (dd) any other
Federal agency the Chair
determines to be
appropriate;</DELETED>
<DELETED> (ee) any State
that requests participation in
the geographical area covered
by the task force;</DELETED>
<DELETED> (ff) developers or
operators of carbon capture,
utilization, and sequestration
projects or carbon dioxide
pipelines; and</DELETED>
<DELETED> (gg)
nongovernmental membership
organizations, the primary
mission of which concerns
protection of the environment;
and</DELETED>
<DELETED> (II) at the request of a
Tribal or local government, may include
a representative of--</DELETED>
<DELETED> (aa) not less than
1 local government in the
geographical area covered by
the task force; and</DELETED>
<DELETED> (bb) not less than
1 Tribal government in the
geographical area covered by
the task force.</DELETED>
<DELETED> (C) Meetings.--</DELETED>
<DELETED> (i) In general.--Each task force
shall meet not less than twice each
year.</DELETED>
<DELETED> (ii) Joint meeting.--To the
maximum extent practicable, the task forces
shall meet collectively not less than once each
year.</DELETED>
<DELETED> (D) Duties.--Each task force shall--
</DELETED>
<DELETED> (i) inventory existing or
potential Federal and State approaches to
facilitate reviews associated with the
deployment of carbon capture, utilization, and
sequestration projects and carbon dioxide
pipelines, including best practices that--
</DELETED>
<DELETED> (I) avoid duplicative
reviews;</DELETED>
<DELETED> (II) engage stakeholders
early in the permitting process;
and</DELETED>
<DELETED> (III) make the permitting
process efficient, orderly, and
responsible;</DELETED>
<DELETED> (ii) develop common models for
State-level carbon dioxide pipeline regulation
and oversight guidelines that can be shared
with States in the geographical area covered by
the task force;</DELETED>
<DELETED> (iii) provide technical assistance
to States in the geographical area covered by
the task force in implementing regulatory
requirements and any models developed under
clause (ii);</DELETED>
<DELETED> (iv) inventory current or emerging
activities that transform captured carbon
dioxide into a product of commercial value, or
as an input to products of commercial
value;</DELETED>
<DELETED> (v) identify any priority carbon
dioxide pipelines needed to enable efficient,
orderly, and responsible development of carbon
capture, utilization, and sequestration
projects at increased scale;</DELETED>
<DELETED> (vi) identify gaps in the current
Federal and State regulatory framework and in
existing data for the deployment of carbon
capture, utilization, and sequestration
projects and carbon dioxide
pipelines;</DELETED>
<DELETED> (vii) identify Federal and State
financing mechanisms available to project
developers; and</DELETED>
<DELETED> (viii) develop recommendations for
relevant Federal agencies on how to develop and
research technologies that--</DELETED>
<DELETED> (I) can capture carbon
dioxide; and</DELETED>
<DELETED> (II) would be able to be
deployed within the region covered by
the task force, including any projects
that have received technical or
financial assistance for research under
paragraph (6) of section 103(g) of the
Clean Air Act (42 U.S.C.
7403(g)).</DELETED>
<DELETED> (E) Report.--Each year, each task force
shall prepare and submit to the Chair and to the other
task forces a report that includes--</DELETED>
<DELETED> (i) any recommendations for
improvements in efficient, orderly, and
responsible issuance or administration of
Federal permits and other Federal
authorizations required under a law described
in paragraph (3)(B)(i); and</DELETED>
<DELETED> (ii) any other nationally relevant
information that the task force has collected
in carrying out the duties under subparagraph
(D).</DELETED>
<DELETED> (F) Evaluation.--Not later than 5 years
after the date of enactment of this Act, the Chair
shall--</DELETED>
<DELETED> (i) reevaluate the need for the
task forces; and</DELETED>
<DELETED> (ii) submit to Congress a
recommendation as to whether the task forces
should continue.</DELETED>
<DELETED>SEC. 1407. PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE,
EFFICIENT, AND COST-SAVING TRANSPORTATION (PROTECT) GRANT
PROGRAM.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 179. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation (PROTECT) grant
program</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Emergency event.--The term `emergency event'
means a natural disaster or catastrophic failure resulting in--
</DELETED>
<DELETED> ``(A) an emergency declared by the
Governor of the State in which the disaster or failure
occurred; or</DELETED>
<DELETED> ``(B) an emergency or disaster declared by
the President.</DELETED>
<DELETED> ``(2) Evacuation route.--The term `evacuation
route' means a transportation route or system that--</DELETED>
<DELETED> ``(A) is owned, operated, or maintained by
a Federal, State, Tribal, or local government or a
private entity;</DELETED>
<DELETED> ``(B) is used--</DELETED>
<DELETED> ``(i) to transport the public away
from emergency events; or</DELETED>
<DELETED> ``(ii) to transport emergency
responders and recovery resources;
and</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(3) Program.--The term `program' means the grant
program established under subsection (b)(1).</DELETED>
<DELETED> ``(4) Resilience improvement.--The term
`resilience improvement' means the use of materials or
structural or nonstructural techniques, including natural
infrastructure--</DELETED>
<DELETED> ``(A) that allow a project--</DELETED>
<DELETED> ``(i) to better anticipate,
prepare for, and adapt to changing conditions
and to withstand and respond to disruptions;
and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) that--</DELETED>
<DELETED> ``(i) reduce the magnitude and
duration of impacts of current and future
weather events and natural disasters to a
project; or</DELETED>
<DELETED> ``(ii) have the absorptive
capacity, adaptive capacity, and recoverability
to decrease project vulnerability to current
and future weather events or natural
disasters.</DELETED>
<DELETED> ``(b) Establishment.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall establish a
grant program, to be known as the `Promoting Resilient
Operations for Transformative, Efficient, and Cost-saving
Transportation grant program' or the `PROTECT grant
program'.</DELETED>
<DELETED> ``(2) Purpose.--The purpose of the program is to
provide grants for resilience improvements through--</DELETED>
<DELETED> ``(A) formula funding distributed to
States;</DELETED>
<DELETED> ``(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
infrastructure improvements and emergency response
strategies to address those vulnerabilities;
and</DELETED>
<DELETED> ``(C) competitive resilience improvement
grants to protect--</DELETED>
<DELETED> ``(i) infrastructure 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;</DELETED>
<DELETED> ``(ii) communities through
resilience improvements and strategies that
allow for the continued operation or rapid
recovery of surface transportation systems
that--</DELETED>
<DELETED> ``(I) serve critical
local, regional, and national needs,
including evacuation routes;
and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(iii) coastal infrastructure,
such as a tide gate, that is at long-term risk
to sea level rise; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Formula Awards.--</DELETED>
<DELETED> ``(1) Distribution of funds to states.--</DELETED>
<DELETED> ``(A) In general.--For each fiscal year,
the Secretary shall distribute among the States the
amounts made available to carry out this subsection for
that fiscal year in accordance with subparagraph
(B).</DELETED>
<DELETED> ``(B) Distribution.--The amount for each
State shall be determined by multiplying the total
amount made available to carry out this subsection for
the applicable fiscal year by the ratio that--
</DELETED>
<DELETED> ``(i) the total base apportionment
for the State under section 104(c); bears
to</DELETED>
<DELETED> ``(ii) the total base
apportionments for all States under section
104(c).</DELETED>
<DELETED> ``(2) Eligible activities.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), a State shall use funds made
available under paragraph (1) to carry out activities
eligible under subparagraph (A), (B), or (C) of
subsection (d)(4).</DELETED>
<DELETED> ``(B) Planning set-aside.--Of the amounts
made available to each State under paragraph (1) for
each fiscal year, not less than 2 percent shall be for
activities described in subsection (d)(3).</DELETED>
<DELETED> ``(3) Requirements.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(i) identify the base floodplain
in which the project is to be located and
disclose that information to the Secretary;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Eligibilities.--A State shall use
funds made available under paragraph (1) for--
</DELETED>
<DELETED> ``(i) a highway project eligible
for assistance under this title;</DELETED>
<DELETED> ``(ii) a public transportation
facility or service eligible for assistance
under chapter 53 of title 49;</DELETED>
<DELETED> ``(iii) a facility or service for
intercity rail passenger transportation (as
defined in section 24102 of title 49);
or</DELETED>
<DELETED> ``(iv) a port facility, including
a facility that--</DELETED>
<DELETED> ``(I) connects a port to
other modes of
transportation;</DELETED>
<DELETED> ``(II) improves the
efficiency of evacuations and disaster
relief; or</DELETED>
<DELETED> ``(III) aids
transportation.</DELETED>
<DELETED> ``(C) System resilience.--A project
carried out by a State with funds made available under
this subsection 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--</DELETED>
<DELETED> ``(i) increasing marsh health and
total area adjacent to a highway right-of-way
to promote additional flood storage;</DELETED>
<DELETED> ``(ii) upgrades to and installing
of culverts designed to withstand 100-year
flood events;</DELETED>
<DELETED> ``(iii) upgrades to and
installation of tide gates to protect highways;
and</DELETED>
<DELETED> ``(iv) upgrades to and
installation of flood gates to protect tunnel
entrances.</DELETED>
<DELETED> ``(D) Federal cost share.--</DELETED>
<DELETED> ``(i) In general.--Except as
provided in subsection (f)(1), the Federal
share of the cost of a project carried out
using funds made available under paragraph (1)
shall not exceed 80 percent of the total
project cost.</DELETED>
<DELETED> ``(ii) Non-federal share.--A State
may use Federal funds other than Federal funds
made available under this subsection to meet
the non-Federal cost share requirement for a
project under this subsection.</DELETED>
<DELETED> ``(E) Eligible project costs.--</DELETED>
<DELETED> ``(i) In general.--Except as
provided in clause (ii), eligible project costs
for activities carried out by a State with
funds made available under paragraph (1) may
include the costs of--</DELETED>
<DELETED> ``(I) development phase
activities, including planning,
feasibility analysis, revenue
forecasting, environmental review,
preliminary engineering and design
work, and other preconstruction
activities; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 made available under paragraph
(1), 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).</DELETED>
<DELETED> ``(F) Limitations.--In carrying out this
subsection, a State--</DELETED>
<DELETED> ``(i) may use not more than 25
percent of the amounts made available under
this subsection for the construction of new
capacity; and</DELETED>
<DELETED> ``(ii) may use not more than 10
percent of the amounts made available under
this subsection for activities described in
subparagraph (E)(i)(I).</DELETED>
<DELETED> ``(d) Competitive Awards.--</DELETED>
<DELETED> ``(1) In general.--In addition to funds
distributed to States under subsection (c)(1), the Secretary
shall provide grants on a competitive basis under this
subsection to eligible entities described in paragraph
(2).</DELETED>
<DELETED> ``(2) Eligible entities.--The Secretary may make a
grant under this subsection to any of the following:</DELETED>
<DELETED> ``(A) A State or political subdivision of
a State.</DELETED>
<DELETED> ``(B) A metropolitan planning
organization.</DELETED>
<DELETED> ``(C) A unit of local
government.</DELETED>
<DELETED> ``(D) A special purpose district or public
authority with a transportation function, including a
port authority.</DELETED>
<DELETED> ``(E) An Indian tribe (as defined in
section 207(m)(1)).</DELETED>
<DELETED> ``(F) A Federal land management agency
that applies jointly with a State or group of
States.</DELETED>
<DELETED> ``(G) A multi-State or multijurisdictional
group of entities described in subparagraphs (A)
through (F).</DELETED>
<DELETED> ``(3) Planning grants.--Using funds made available
under this subsection, the Secretary shall provide planning
grants to eligible entities for the purpose of--</DELETED>
<DELETED> ``(A) in the case of a State or
metropolitan planning organization, developing a
resilience improvement plan under subsection
(f)(2);</DELETED>
<DELETED> ``(B) resilience planning, predesign,
design, or the development of data tools to simulate
transportation disruption scenarios, including
vulnerability assessments;</DELETED>
<DELETED> ``(C) technical capacity building by the
eligible entity to facilitate the ability of the
eligible entity to assess the vulnerabilities of the
infrastructure assets and community response strategies
of the eligible entity under current conditions and a
range of potential future conditions; or</DELETED>
<DELETED> ``(D) evacuation planning and
preparation.</DELETED>
<DELETED> ``(4) Resilience grants.--</DELETED>
<DELETED> ``(A) Resilience improvement grants.--
</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(ii) Eligible activities.--
</DELETED>
<DELETED> ``(I) In general.--An
eligible entity may use a resilience
improvement grant under this
subparagraph for 1 or more construction
activities to enable an existing
surface transportation infrastructure
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, extreme weather events, and
other natural disasters.</DELETED>
<DELETED> ``(II) Inclusions.--An
activity eligible to be carried out
under this subparagraph includes--
</DELETED>
<DELETED> ``(aa)
resurfacing, restoration,
rehabilitation, reconstruction,
replacement, improvement, or
realignment of an existing
surface transportation facility
eligible for assistance under
this title;</DELETED>
<DELETED> ``(bb) the
incorporation of natural
infrastructure;</DELETED>
<DELETED> ``(cc) the upgrade
of an existing surface
transportation facility to meet
or exceed Federal Highway
Administration approved design
standards;</DELETED>
<DELETED> ``(dd) the
installation of mitigation
measures that prevent the
intrusion of floodwaters into
surface transportation
systems;</DELETED>
<DELETED> ``(ee)
strengthening systems that
remove rainwater from surface
transportation
facilities;</DELETED>
<DELETED> ``(ff) a
resilience project that
addresses identified
vulnerabilities described in
the resilience improvement plan
of the eligible entity, if
applicable;</DELETED>
<DELETED> ``(gg) relocating
roadways in a base floodplain
to higher ground above
projected flood elevation
levels, or away from slide
prone areas;</DELETED>
<DELETED> ``(hh) stabilizing
slide areas or
slopes;</DELETED>
<DELETED> ``(ii) installing
riprap;</DELETED>
<DELETED> ``(jj) lengthening
or raising bridges to increase
waterway openings, including to
respond to extreme
weather;</DELETED>
<DELETED> ``(kk) deepening
channels to prevent
flooding;</DELETED>
<DELETED> ``(ll) increasing
the size or number of drainage
structures;</DELETED>
<DELETED> ``(mm) installing
seismic retrofits on
bridges;</DELETED>
<DELETED> ``(nn) adding
scour protection at
bridges;</DELETED>
<DELETED> ``(oo) adding
scour, stream stability,
coastal, and other hydraulic
countermeasures, including spur
dikes; and</DELETED>
<DELETED> ``(pp) any other
protective features, including
natural infrastructure, as
determined by the
Secretary.</DELETED>
<DELETED> ``(iii) Priority.--The Secretary
shall prioritize a resilience improvement grant
to an eligible entity if--</DELETED>
<DELETED> ``(I) the Secretary
determines--</DELETED>
<DELETED> ``(aa) the
benefits of the eligible
activity proposed to be carried
out by the eligible entity
exceed the costs of the
activity; and</DELETED>
<DELETED> ``(bb) there is a
need to address the
vulnerabilities of
infrastructure 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 and increased flood risk;
or</DELETED>
<DELETED> ``(II) the eligible
activity proposed to be carried out by
the eligible entity is included in the
applicable resilience improvement plan
under subsection (f)(2).</DELETED>
<DELETED> ``(B) Community resilience and evacuation
route grants.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) is an eligible
activity under subparagraph (A)(ii), if
that eligible activity will improve an
evacuation route;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(III) if the Secretary
determines 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--</DELETED>
<DELETED> ``(aa)
communications and intelligent
transportation system equipment
and infrastructure;</DELETED>
<DELETED> ``(bb) counterflow
measures; or</DELETED>
<DELETED> ``(cc)
shoulders;</DELETED>
<DELETED> ``(IV) is for the
construction of--</DELETED>
<DELETED> ``(aa) new or
redundant evacuation routes, if
the Secretary determines that
existing evacuation routes are
not sufficient to adequately
facilitate evacuations,
including the transportation of
emergency responders and
recovery resources;
or</DELETED>
<DELETED> ``(bb) sheltering
facilities that are
functionally connected to an
eligible project;</DELETED>
<DELETED> ``(V) is for the
acquisition of evacuation route or
traffic incident management equipment,
vehicles, or signage; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) projected changes
in development patterns, demographics,
and extreme weather events based on the
best available evidence and
analysis.</DELETED>
<DELETED> ``(iv) Consultation.--In providing
grants for community resilience and evacuation
routes under this subparagraph, the Secretary
shall consult with the Administrator of the
Federal Emergency Management Agency, who shall
provide technical assistance to the Secretary
and to eligible entities.</DELETED>
<DELETED> ``(C) At-risk coastal infrastructure
grants.--</DELETED>
<DELETED> ``(i) Definition of coastal
state.--In this subparagraph, the term `coastal
State' means--</DELETED>
<DELETED> ``(I) a State 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;</DELETED>
<DELETED> ``(II) the United States
Virgin Islands;</DELETED>
<DELETED> ``(III) Guam;</DELETED>
<DELETED> ``(IV) American Samoa;
and</DELETED>
<DELETED> ``(V) the Commonwealth of
the Northern Mariana Islands.</DELETED>
<DELETED> ``(ii) Grants.--Using funds made
available under this subsection, the Secretary
shall provide at-risk coastal infrastructure
grants to eligible entities in coastal States
to carry out 1 or more eligible activities
under clause (iii).</DELETED>
<DELETED> ``(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, 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.</DELETED>
<DELETED> ``(iv) Criteria.--The Secretary
shall provide at-risk coastal infrastructure
grants under this subparagraph for a project--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) that reduces long-
term infrastructure costs by avoiding
larger future maintenance or rebuilding
costs.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) access to coastal
homes, businesses, communities, and
other critical infrastructure,
including access by first responders
and other emergency personnel;
or</DELETED>
<DELETED> ``(II) access to a
designated evacuation route.</DELETED>
<DELETED> ``(5) Grant requirements.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(B) Applications.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Eligibilities.--The Secretary may
make a grant under paragraph (3) or subparagraph (A),
(B), or (C) of paragraph (4) only for--</DELETED>
<DELETED> ``(i) a highway project eligible
for assistance under this title;</DELETED>
<DELETED> ``(ii) a public transportation
facility or service eligible for assistance
under chapter 53 of title 49;</DELETED>
<DELETED> ``(iii) a facility or service for
intercity rail passenger transportation (as
defined in section 24102 of title 49);
or</DELETED>
<DELETED> ``(iv) a port facility, including
a facility that--</DELETED>
<DELETED> ``(I) connects a port to
other modes of
transportation;</DELETED>
<DELETED> ``(II) improves the
efficiency of evacuations and disaster
relief; or</DELETED>
<DELETED> ``(III) aids
transportation.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(i) increasing marsh health and
total area adjacent to a highway right-of-way
to promote additional flood storage;</DELETED>
<DELETED> ``(ii) upgrades to and installing
of culverts designed to withstand 100-year
flood events;</DELETED>
<DELETED> ``(iii) upgrades to and
installation of tide gates to protect highways;
and</DELETED>
<DELETED> ``(iv) upgrades to and
installation of flood gates to protect tunnel
entrances.</DELETED>
<DELETED> ``(E) Federal cost share.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) Resilience grants.--
</DELETED>
<DELETED> ``(I) In general.--Except
as provided in subclause (II) and
subsection (f)(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(F) Eligible project costs.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(I) development phase
activities, including planning,
feasibility analysis, revenue
forecasting, environmental review,
preliminary engineering and design
work, and other preconstruction
activities; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(G) Limitations.--An eligible entity
that receives a grant under subparagraph (A), (B), or
(C) of paragraph (4)--</DELETED>
<DELETED> ``(i) may use not more than 25
percent of the amount of the grant for the
construction of new capacity; and</DELETED>
<DELETED> ``(ii) may use not more than 10
percent of the amount of the grant for
activities described in subparagraph
(F)(i)(I).</DELETED>
<DELETED> ``(H) Distribution of grants.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Consultation.--In carrying out the program, the
Secretary shall--</DELETED>
<DELETED> ``(1) 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</DELETED>
<DELETED> ``(2) solicit technical support from the
Administrator of the Federal Emergency Management
Agency.</DELETED>
<DELETED> ``(f) Resilience Improvement Plan and Lower Non-Federal
Share.--</DELETED>
<DELETED> ``(1) Federal share reductions.--</DELETED>
<DELETED> ``(A) In general.--A State that receives
funds under subsection (c) 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.</DELETED>
<DELETED> ``(B) Amount of reductions.--</DELETED>
<DELETED> ``(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 under subsection (c) or
a grant under subsection (d) shall be reduced
by 7 percentage points if--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(aa) developed a
resilience improvement plan in
accordance with this
subsection; and</DELETED>
<DELETED> ``(bb) prioritized
the project on that resilience
improvement plan; and</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(aa) developed a
resilience improvement plan in
accordance with this
subsection; and</DELETED>
<DELETED> ``(bb) prioritized
the project on that resilience
improvement plan.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(iii) Limitations.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Plan contents.--A resilience improvement
plan referred to in paragraph (1)--</DELETED>
<DELETED> ``(A) shall be for the immediate and long-
range planning activities and investments of the State
or metropolitan planning organization with respect to
resilience;</DELETED>
<DELETED> ``(B) shall demonstrate a systemic
approach to 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);</DELETED>
<DELETED> ``(C) shall--</DELETED>
<DELETED> ``(i) 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;</DELETED>
<DELETED> ``(ii) designate evacuation routes
and strategies, including multimodal
facilities, designated with consideration for
individuals without access to personal
vehicles;</DELETED>
<DELETED> ``(iii) plan for response to
anticipated emergencies, including plans for
the mobility of--</DELETED>
<DELETED> ``(I) emergency response
personnel and equipment; and</DELETED>
<DELETED> ``(II) access to emergency
services, including for vulnerable or
disadvantaged populations;</DELETED>
<DELETED> ``(iv) 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;</DELETED>
<DELETED> ``(v) include an investment plan
that--</DELETED>
<DELETED> ``(I) includes a list of
priority projects; and</DELETED>
<DELETED> ``(II) describes how funds
provided by a grant under the program
would be invested and matched, which
shall not be subject to fiscal
constraint requirements; and</DELETED>
<DELETED> ``(vi) use science and data and
indicate the source of data and methodologies;
and</DELETED>
<DELETED> ``(D) shall, as appropriate--</DELETED>
<DELETED> ``(i) include a description of how
the plan will improve the ability of the State
or metropolitan planning organization--
</DELETED>
<DELETED> ``(I) to respond promptly
to the impacts of weather events and
natural disasters; and</DELETED>
<DELETED> ``(II) to be prepared for
changing conditions, such as sea level
rise and increased flood
risk;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(iii) consider the benefits of
combining hard infrastructure assets, and
natural infrastructure, through coordinated
efforts by the Federal Government and the
States;</DELETED>
<DELETED> ``(iv) assess the resilience of
other community assets, including buildings and
housing, emergency management assets, and
energy, water, and communication
infrastructure;</DELETED>
<DELETED> ``(v) use a long-term planning
period; and</DELETED>
<DELETED> ``(vi) include such other
information as the eligible entity considers
appropriate.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(g) Monitoring.--</DELETED>
<DELETED> ``(1) In general.--Not later than 18 months after
the date of enactment of this section, the Secretary, in
consultation with the officials described in subsection (e),
shall--</DELETED>
<DELETED> ``(A) establish, for the purpose of
evaluating the effectiveness and impacts of projects
carried out under the program--</DELETED>
<DELETED> ``(i) subject to paragraph (2),
transportation and any other metrics as the
Secretary determines to be necessary;
and</DELETED>
<DELETED> ``(ii) procedures for monitoring
and evaluating projects based on those metrics;
and</DELETED>
<DELETED> ``(B) select a representative sample of
projects to evaluate based on the metrics and
procedures established under subparagraph
(A).</DELETED>
<DELETED> ``(2) Notice.--Before adopting any metrics
described in paragraph (1), the Secretary shall--</DELETED>
<DELETED> ``(A) publish the proposed metrics in the
Federal Register; and</DELETED>
<DELETED> ``(B) provide to the public an opportunity
for comment on the proposed metrics.</DELETED>
<DELETED> ``(h) Reports.--</DELETED>
<DELETED> ``(1) Reports from eligible entities.--Not later
than 1 year after the date on which a project carried out under
the program is completed, the 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 received under the
program.</DELETED>
<DELETED> ``(2) Reports to congress.--</DELETED>
<DELETED> ``(A) Annual reports.--The Secretary shall
submit to Congress, 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--</DELETED>
<DELETED> ``(i) each project for which a
grant was provided under the program;</DELETED>
<DELETED> ``(ii) information relating to
project applications received;</DELETED>
<DELETED> ``(iii) the manner in which the
consultation requirements were implemented
under this section;</DELETED>
<DELETED> ``(iv) recommendations to improve
the administration of the program, including
whether assistance from additional or fewer
agencies to carry out the program is
appropriate;</DELETED>
<DELETED> ``(v) the period required to
disburse grant funds to recipients based on
applicable Federal coordination requirements;
and</DELETED>
<DELETED> ``(vi) a list of facilities that
repeatedly require repair or reconstruction due
to emergency events.</DELETED>
<DELETED> ``(B) Final report.--Not later than 5
years after the date of enactment of the America's
Transportation Infrastructure Act of 2019, the
Secretary shall submit to Congress a report that
includes the results of the reports submitted under
subparagraph (A).</DELETED>
<DELETED> ``(i) Administrative Expenses.--The Secretary shall use
not more than 5 percent of the amounts made available to carry out the
program for each fiscal year for the costs of administering the
program, including monitoring and evaluation under subsection
(g).''.</DELETED>
<DELETED> (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 178 the
following:</DELETED>
<DELETED>``179. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation
(PROTECT) grant program''.
<DELETED>SEC. 1408. DIESEL EMISSIONS REDUCTION.</DELETED>
<DELETED> (a) Reauthorization of Diesel Emissions Reduction
Program.--Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C.
16137(a)) is amended by striking ``2016'' and inserting
``2024''.</DELETED>
<DELETED> (b) Recognizing Differences in Diesel Vehicle, Engine,
Equipment, and Fleet Use.--</DELETED>
<DELETED> (1) National grant, rebate, and loan programs.--
Section 792(c)(4)(D) of the Energy Policy Act of 2005 (42
U.S.C. 16132(c)(4)(D)) is amended by inserting ``, recognizing
differences in typical vehicle, engine, equipment, and fleet
use throughout the United States'' before the
semicolon.</DELETED>
<DELETED> (2) State grant, rebate, and loan programs.--
Section 793(b)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16133(b)(1)) is amended--</DELETED>
<DELETED> (A) in subparagraph (B), by striking ``;
and'' and inserting a semicolon; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(D) the recognition, for purposes of
implementing this section, of differences in typical
vehicle, engine, equipment, and fleet use throughout
the United States, including expected useful life;
and''.</DELETED>
<DELETED> (c) Reallocation of Unused State Funds.--Section
793(c)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C.
16133(c)(2)(C)) is amended beginning in the matter preceding clause (i)
by striking ``to each remaining'' and all that follows through ``this
paragraph'' in clause (ii) and inserting ``to carry out section
792''.</DELETED>
<DELETED>Subtitle E--Miscellaneous</DELETED>
<DELETED>SEC. 1501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST
FUND.</DELETED>
<DELETED> (a) In General.--Section 105 of title 23, United States
Code, is repealed.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item relating
to section 105.</DELETED>
<DELETED>SEC. 1502. STOPPING THREATS ON PEDESTRIANS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 local
government entities for bollard installation projects designed to
prevent pedestrian injuries and acts of terrorism in areas used by
large numbers of pedestrians.</DELETED>
<DELETED> (c) Application.--To be eligible to receive a grant under
this section, a 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--</DELETED>
<DELETED> (1) a description of the proposed bollard
installation project to be carried out;</DELETED>
<DELETED> (2) a description of the pedestrian injury or
terrorism risks with respect to the proposed installation area;
and</DELETED>
<DELETED> (3) an analysis of how the proposed bollard
installation project will mitigate those risks.</DELETED>
<DELETED> (d) Use of Funds.--A recipient of a grant under this
section may only use the grant funds for a bollard installation
project.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 2021 through 2025.</DELETED>
<DELETED>SEC. 1503. TRANSFER AND SALE OF TOLL CREDITS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Originating state.--The term ``originating
State'' means a State that--</DELETED>
<DELETED> (A) is eligible to use a credit under
section 120(i) of title 23, United States Code;
and</DELETED>
<DELETED> (B) has been selected by the Secretary
under subsection (d)(2).</DELETED>
<DELETED> (2) Pilot program.--The term ``pilot program''
means the pilot program established under subsection
(b).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) State.--The term ``State'' has the meaning
given the term in section 101(a) of title 23, United States
Code.</DELETED>
<DELETED> (b) Establishment of Pilot Program.--The Secretary shall
establish and implement a toll credit exchange pilot program in
accordance with this section.</DELETED>
<DELETED> (c) Purposes.--The purposes of the pilot program are--
</DELETED>
<DELETED> (1) to identify the extent of the demand to
purchase toll credits;</DELETED>
<DELETED> (2) to identify the cash price of toll credits
through bilateral transactions between States;</DELETED>
<DELETED> (3) to analyze the impact of the purchase or sale
of toll credits on transportation expenditures;</DELETED>
<DELETED> (4) to test the feasibility of expanding the pilot
program to allow all States to participate on a permanent
basis; and</DELETED>
<DELETED> (5) to identify any other repercussions of the
toll credit exchange.</DELETED>
<DELETED> (d) Selection of Originating States.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) toll revenue generated and the
sources of that revenue;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) the documentation of maintenance of
effort for toll credits earned by the originating
State; and</DELETED>
<DELETED> (C) the accuracy of the accounting system
of the State to earn and track toll credits.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Transfer or Sale of Credits.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Bilateral transactions.--An originating State
and a recipient State may enter into a bilateral transaction to
sell or transfer verified toll credits.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the amount of toll credits that have
been sold or transferred;</DELETED>
<DELETED> (B) the price paid or other value
transferred in exchange for the toll credits;</DELETED>
<DELETED> (C) the intended use by the recipient
State of the toll credits, if known;</DELETED>
<DELETED> (D) the intended use by the originating
State of the cash or other value transferred;</DELETED>
<DELETED> (E) an update on the toll credit balance
of the originating State and the recipient State;
and</DELETED>
<DELETED> (F) any other information about the
transaction that the Secretary may require.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Reporting Requirements.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Final report.--Not later than 3 years after
the date on which the pilot program is established, the
Secretary shall--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) determines whether a toll
credit marketplace is viable and cost-
effective;</DELETED>
<DELETED> (ii) describes the buying and
selling activities under the pilot
program;</DELETED>
<DELETED> (iii) describes the average sale
price of toll credits;</DELETED>
<DELETED> (iv) determines whether the pilot
program could be expanded to more States or all
States or to non-State operators of toll
facilities;</DELETED>
<DELETED> (v) provides updated information
on the toll credit balance accumulated by each
State; and</DELETED>
<DELETED> (vi) describes the list of
projects that were assisted by the pilot
program; and</DELETED>
<DELETED> (B) make the report under subparagraph (A)
publicly available on the website of the
Department.</DELETED>
<DELETED> (g) Termination.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the pilot program is not serving a
public benefit; or</DELETED>
<DELETED> (B) it is not cost effective to carry out
the pilot program.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1504. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION
PROGRAM.</DELETED>
<DELETED> Public Law 88-657 (16 U.S.C. 532 et seq.) (commonly known
as the ``Forest Roads and Trails Act'') is amended by adding at the end
the following:</DELETED>
<DELETED>``SEC. 8. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION
PROGRAM.</DELETED>
<DELETED> ``(a) In General.--Not later than 180 days after the date
of enactment of this section, the Secretary, acting through the Chief
of the Forest Service, shall establish, and develop a national strategy
to carry out, a program, to be known as the `Forest Service Legacy
Roads and Trails Remediation Program', within the National Forest
System, to carry out critical maintenance and urgent repairs and
improvements on National Forest System roads, trails, and
bridges.</DELETED>
<DELETED> ``(b) Priority.--In implementing the program under this
section, the Secretary may give priority to any project that protects
or restores--</DELETED>
<DELETED> ``(1) water quality;</DELETED>
<DELETED> ``(2) a watershed that feeds a public drinking
water system;</DELETED>
<DELETED> ``(3) important wildlife habitat, as determined by
the Secretary, in consultation with each affected State,
including habitat of threatened, endangered, or sensitive fish
or wildlife species; or</DELETED>
<DELETED> ``(4) historic public access for authorized
multiple uses of National Forest System land in accordance with
the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et
seq.), including grazing, recreation, hunting, fishing, forest
management, wildfire mitigation, and ecosystem
restoration.</DELETED>
<DELETED> ``(c) National Forest System.--Except as authorized under
section 323 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 1011a), each project carried out
under this section shall be on a National Forest System road or
trail.</DELETED>
<DELETED> ``(d) Authorization of Appropriations.--There is
authorized to be appropriated to the Secretary to carry out this
section $50,000,000 for each of fiscal years 2021 through 2025, to
remain available until expended.''.</DELETED>
<DELETED>SEC. 1505. DISASTER RELIEF MOBILIZATION PILOT
PROGRAM.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Local community.--The term ``local community''
means--</DELETED>
<DELETED> (A) a unit of local government;</DELETED>
<DELETED> (B) a political subdivision of a State or
local government;</DELETED>
<DELETED> (C) a metropolitan planning organization
(as defined in section 134(b) of title 23, United
States Code);</DELETED>
<DELETED> (D) a rural planning organization;
or</DELETED>
<DELETED> (E) a Tribal government.</DELETED>
<DELETED> (2) Pilot program.--The term ``pilot program''
means the pilot program established by the Secretary under
subsection (b).</DELETED>
<DELETED> (b) Establishment.--The Secretary shall establish and
carry out a pilot program under which the Secretary shall provide
grants to local communities to develop disaster preparedness and
disaster response plans that include the use of bicycles.</DELETED>
<DELETED> (c) Application and Selection Requirements.--</DELETED>
<DELETED> (1) Partnerships.--To be eligible to receive a
grant under the pilot program, a local community shall
demonstrate plans to enter into a partnership with--</DELETED>
<DELETED> (A) 1 or more nonprofit community
organizations; or</DELETED>
<DELETED> (B) 1 or more bicycle or pedestrian
advocacy organizations.</DELETED>
<DELETED> (2) Application.--To be eligible to receive a
grant under the pilot program, a local community shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require,
including an identification of each nonprofit community
organization and bicycle or pedestrian advocacy organization
with which the local community plans to establish a partnership
under paragraph (1).</DELETED>
<DELETED> (3) Selection.--For each fiscal year, the
Secretary shall select not fewer than 4, and not more than 10,
local communities that meet the eligibility requirements to
receive a grant under the pilot program.</DELETED>
<DELETED> (d) Maximum Amount.--The maximum amount of a grant under
the pilot program shall be $125,000.</DELETED>
<DELETED> (e) Use of Funds.--</DELETED>
<DELETED> (1) Vulnerability assessment.--</DELETED>
<DELETED> (A) In general.--Each recipient of a grant
under the pilot program shall carry out a vulnerability
assessment of active transportation infrastructure in
the applicable community, with a particular focus on
areas in the local community that--</DELETED>
<DELETED> (i) have low levels of vehicle
ownership; and</DELETED>
<DELETED> (ii) lack sufficient active
transportation infrastructure routes to public
transportation.</DELETED>
<DELETED> (B) Public participation.--In carrying out
the vulnerability assessment under subparagraph (A), a
grant recipient shall--</DELETED>
<DELETED> (i) provide an opportunity for
public participation and feedback;
and</DELETED>
<DELETED> (ii) consider public feedback in
developing or modifying response plans under
paragraph (2).</DELETED>
<DELETED> (2) Disaster preparedness and disaster response
plans.--</DELETED>
<DELETED> (A) In general.--Each recipient of a grant
under the pilot program shall develop or modify, as
applicable, disaster preparedness and disaster response
plans to include the use of bicycles by first
responders, emergency workers, and community
organization representatives--</DELETED>
<DELETED> (i) during an evacuation--
</DELETED>
<DELETED> (I) to notify residents of
the need to evacuate;</DELETED>
<DELETED> (II) to evacuate
individuals and goods; and</DELETED>
<DELETED> (III) to reach individuals
who are in need of first aid and
medical assistance; and</DELETED>
<DELETED> (ii) after a disaster--</DELETED>
<DELETED> (I) to assist in searching
for and locating individuals in the
disaster area;</DELETED>
<DELETED> (II) to carry--</DELETED>
<DELETED> (aa)
water;</DELETED>
<DELETED> (bb)
food;</DELETED>
<DELETED> (cc) first aid and
other medical supplies;
and</DELETED>
<DELETED> (dd) power sources
and electric supplies, such as
cell phones, radios, lights,
and batteries;</DELETED>
<DELETED> (III) to reach individuals
who are in need of the items described
in subclause (II); and</DELETED>
<DELETED> (IV) to assist with other
disaster relief tasks, as
appropriate.</DELETED>
<DELETED> (B) Training and practice.--As part of the
plans under subparagraph (A), a grant recipient shall--
</DELETED>
<DELETED> (i) provide training for first
responders, emergency workers, and community
organization representatives regarding--
</DELETED>
<DELETED> (I) competent bicycle
skills, including the use of cargo
bicycles and electric bicycles, as
applicable;</DELETED>
<DELETED> (II) basic bicycle
maintenance; and</DELETED>
<DELETED> (III) methods to use
bicycles to carry out the activities
described in clauses (i) and (ii) of
subparagraph (A); and</DELETED>
<DELETED> (ii) include in the plans a plan
for--</DELETED>
<DELETED> (I) practicing the skills
described in clause (i); and</DELETED>
<DELETED> (II) maintaining bicycles
and related equipment.</DELETED>
<DELETED> (C) Bike supply.--As part of the plans
under subparagraph (A), a grant recipient shall provide
bicycles, as necessary and appropriate, to each
community organization acting in partnership with the
recipient to allow representatives of the organization
to assist in disaster preparedness and disaster
response efforts.</DELETED>
<DELETED> (f) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a report
that--</DELETED>
<DELETED> (1) describes the activities carried out under the
pilot program;</DELETED>
<DELETED> (2) analyzes the effectiveness of the pilot
program; and</DELETED>
<DELETED> (3) includes recommendations, if any, regarding
methods by which to incorporate bicycles into disaster
preparedness and disaster response plans in other
communities.</DELETED>
<DELETED>SEC. 1506. APPALACHIAN REGIONAL DEVELOPMENT.</DELETED>
<DELETED> (a) Definition of Appalachian Region, North Carolina.--
Section 14102(a)(1)(G) of title 40, United States Code, is amended--
</DELETED>
<DELETED> (1) by inserting ``Catawba,'' after ``Caldwell,'';
and</DELETED>
<DELETED> (2) by inserting ``Cleveland,'' after
``Clay,''.</DELETED>
<DELETED> (b) Appalachian Regional Energy Hub Initiative.--
</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 14511. Appalachian regional energy hub
initiative</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) with the potential to significantly
contribute to the economic resilience of the area in which the
project is located; and</DELETED>
<DELETED> ``(3) that will help establish a regional energy
hub in the Appalachian region for natural gas and natural gas
liquids, including storage and associated pipelines.</DELETED>
<DELETED> ``(b) Limitation on Available Amounts.--Of the cost of any
activity eligible for a grant under this section--</DELETED>
<DELETED> ``(1) not more than 50 percent may be provided
from amounts made available to carry out this
section;</DELETED>
<DELETED> ``(2) in the case of a project 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</DELETED>
<DELETED> ``(3) in the case of a project 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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) under any other Federal program;
or</DELETED>
<DELETED> ``(2) from any other source.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) Clerical amendment.--The analysis for
subchapter I of chapter 145 of title 40, United States Code, is
amended by inserting after the item relating to section 14510
the following:</DELETED>
<DELETED>``14511. Appalachian regional energy hub initiative.''.
<DELETED> (c) Authorizations.--Section 14703 of title 40, United
States Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (4), by striking ``and''
at the end;</DELETED>
<DELETED> (B) in paragraph (5), by striking
``through 2020.'' and inserting ``through 2020; and'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(6) $180,000,000 for each of fiscal years 2021
through 2025.'';</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) by striking ``$10,000,000'' and
inserting ``$20,000,000''; and</DELETED>
<DELETED> (B) by striking ``2020'' and inserting
``2025'';</DELETED>
<DELETED> (3) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and</DELETED>
<DELETED> (4) by inserting after subsection (c) the
following:</DELETED>
<DELETED> ``(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 2021 through
2025.''.</DELETED>
<DELETED> (d) Termination.--Section 14704 of title 40, United States
Code, is amended by striking ``2020'' and inserting ``2025''.</DELETED>
<DELETED>SEC. 1507. REQUIREMENTS FOR TRANSPORTATION PROJECTS CARRIED
OUT THROUGH PUBLIC-PRIVATE PARTNERSHIPS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Project.--The term ``project'' means a project
(as defined in section 101 of title 23, United States Code)
that--</DELETED>
<DELETED> (A) is carried out, in whole or in part,
using Federal financial assistance; and</DELETED>
<DELETED> (B) has an estimated total cost of
$100,000,000 or more.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Value for Money Analysis.--</DELETED>
<DELETED> (1) Project approval and oversight.--Section
106(h)(3) of title 23, United States Code, is amended--
</DELETED>
<DELETED> (A) in subparagraph (C), by striking
``and'' at the end;</DELETED>
<DELETED> (B) by redesignating subparagraph (D) as
subparagraph (E); and</DELETED>
<DELETED> (C) by inserting after subparagraph (C)
the following:</DELETED>
<DELETED> ``(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''.</DELETED>
<DELETED> (2) Surface transportation block grant program.--
Paragraph (16) 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''.</DELETED>
<DELETED> (3) TIFIA.--Section 602(a) of title 23, United
States Code, is amended by adding at the end the
following:</DELETED>
<DELETED> ``(11) Public-private partnerships.--In the case
of a project to be carried out through a public-private
partnership, the public partner shall have--</DELETED>
<DELETED> ``(A) conducted a value for money analysis
or similar comparative analysis; and</DELETED>
<DELETED> ``(B) determined the appropriateness of
the public-private partnership agreement.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1508. COMMUNITY CONNECTIVITY PILOT PROGRAM.</DELETED>
<DELETED> (a) Definition of Eligible Facility.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Inclusions.--In this section, the term
``eligible facility'' may include--</DELETED>
<DELETED> (A) a limited access highway;</DELETED>
<DELETED> (B) a viaduct; and</DELETED>
<DELETED> (C) any other principal arterial
facility.</DELETED>
<DELETED> (b) Establishment.--The Secretary shall establish a pilot
program through which an eligible entity may apply for funding--
</DELETED>
<DELETED> (1) to study the feasibility and impacts of
removing an existing eligible facility;</DELETED>
<DELETED> (2) to conduct planning activities necessary to
design a project to remove an existing eligible facility;
and</DELETED>
<DELETED> (3) to conduct construction activities necessary
to carry out a project to remove an existing eligible
facility.</DELETED>
<DELETED> (c) Planning Grants.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) a State;</DELETED>
<DELETED> (B) a unit of local government;</DELETED>
<DELETED> (C) a Tribal government;</DELETED>
<DELETED> (D) a metropolitan planning organization;
and</DELETED>
<DELETED> (E) a nonprofit organization.</DELETED>
<DELETED> (2) Eligible activities described.--The planning
activities referred to in paragraph (1) are--</DELETED>
<DELETED> (A) planning studies to evaluate the
feasibility of removing an eligible facility, including
evaluations of--</DELETED>
<DELETED> (i) current traffic patterns on
the eligible facility proposed for removal and
the surrounding street network;</DELETED>
<DELETED> (ii) the capacity of existing
transportation networks to maintain mobility
needs;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (iv) the effect of the removal of
the eligible facility on the mobility of
freight and people;</DELETED>
<DELETED> (v) the effect of the removal of
the eligible facility on the safety of the
traveling public;</DELETED>
<DELETED> (vi) the cost to remove the
eligible facility and 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;</DELETED>
<DELETED> (vii) the anticipated economic
impact of removing and converting the eligible
facility and any economic development
opportunities that would be created by removing
and converting the eligible facility;
and</DELETED>
<DELETED> (viii) the environmental impacts
of retaining or reconstructing the eligible
facility and the anticipated effect of the
proposed alternative use or roadway
design;</DELETED>
<DELETED> (B) public engagement activities to
provide opportunities for public input into a plan to
remove and convert an eligible facility; and</DELETED>
<DELETED> (C) other transportation planning
activities required in advance of a project to remove
an existing eligible facility, as determined by the
Secretary.</DELETED>
<DELETED> (3) Technical assistance program.--</DELETED>
<DELETED> (A) In general.--The Secretary may provide
technical assistance described in subparagraph (B) to
an eligible entity.</DELETED>
<DELETED> (B) Technical assistance described.--The
technical assistance referred to in subparagraph (A) is
technical assistance in building organizational or
community capacity--</DELETED>
<DELETED> (i) to engage in transportation
planning; and</DELETED>
<DELETED> (ii) to identify innovative
solutions to infrastructure challenges,
including reconnecting communities that--
</DELETED>
<DELETED> (I) are bifurcated by
eligible facilities; or</DELETED>
<DELETED> (II) lack safe, reliable,
and affordable transportation
choices.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Selection.--The Secretary shall--</DELETED>
<DELETED> (A) solicit applications for--</DELETED>
<DELETED> (i) planning grants; and</DELETED>
<DELETED> (ii) technical assistance under
paragraph (3); and</DELETED>
<DELETED> (B) evaluate applications for a planning
grant on the basis of the demonstration by the
applicant that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (ii) the eligible facility--
</DELETED>
<DELETED> (I) creates barriers to
mobility, access, or economic
development; or</DELETED>
<DELETED> (II) is not justified by
current and forecast future travel
demand; and</DELETED>
<DELETED> (iii) on the basis of preliminary
investigations into the feasibility of removing
the eligible facility, further investigation is
necessary and likely to be
productive.</DELETED>
<DELETED> (5) Award amounts.--A planning grant may not
exceed $2,000,000 per recipient.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Capital Construction Grants.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) a State;</DELETED>
<DELETED> (B) a unit of local government;</DELETED>
<DELETED> (C) a Tribal government;</DELETED>
<DELETED> (D) a metropolitan planning organization;
or</DELETED>
<DELETED> (E) a nonprofit organization.</DELETED>
<DELETED> (3) Eligible projects.--A project eligible to be
carried out with a capital construction grant includes--
</DELETED>
<DELETED> (A) the removal of an eligible facility;
and</DELETED>
<DELETED> (B) the replacement of an eligible
facility with a new facility that is--</DELETED>
<DELETED> (i) sensitive to the context of
the surrounding community; and</DELETED>
<DELETED> (ii) otherwise eligible for
funding under title 23, United States
Code.</DELETED>
<DELETED> (4) Selection.--The Secretary shall--</DELETED>
<DELETED> (A) solicit applications for capital
construction grants; and</DELETED>
<DELETED> (B) evaluate applications on the basis
of--</DELETED>
<DELETED> (i) the degree to which the
project will improve mobility and access
through the removal of barriers;</DELETED>
<DELETED> (ii) the appropriateness of
removing 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;</DELETED>
<DELETED> (iii) the impact of the project on
freight movement;</DELETED>
<DELETED> (iv) the results of a cost-benefit
analysis of the project;</DELETED>
<DELETED> (v) the opportunities for
inclusive economic development;</DELETED>
<DELETED> (vi) the degree to which the
eligible facility is out of context with the
current or planned land use;</DELETED>
<DELETED> (vii) the results of any
feasibility study completed for the project;
and</DELETED>
<DELETED> (viii) the plan of the applicant
for--</DELETED>
<DELETED> (I) employing residents in
the area impacted by the project
through targeted hiring programs, in
partnership with registered
apprenticeship programs, if applicable;
and</DELETED>
<DELETED> (II) contracting and
subcontracting with disadvantaged
business enterprises.</DELETED>
<DELETED> (5) Minimum award amounts.--A capital construction
grant shall be in an amount not less than $5,000,000 per
recipient.</DELETED>
<DELETED> (6) Federal share.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (7) Community advisory board.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) facilitate community
engagement with respect to the project;
and</DELETED>
<DELETED> (ii) track progress with respect
to commitments of the grant recipient to
inclusive employment, contracting, and economic
development under the project.</DELETED>
<DELETED> (B) Membership.--If a grant recipient
forms a community advisory board under subparagraph
(A), the community advisory board shall be composed of
representatives of--</DELETED>
<DELETED> (i) the community;</DELETED>
<DELETED> (ii) owners of businesses that
serve the community;</DELETED>
<DELETED> (iii) labor organizations that
represent workers that serve the community;
and</DELETED>
<DELETED> (iv) State and local
government.</DELETED>
<DELETED> (e) Reports.--</DELETED>
<DELETED> (1) USDOT report on pilot program.--Not later than
January 1, 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 that evaluates the pilot program under
this section, including--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) for recipients of capital construction
grants, the outcomes and impacts of the highway removal
project, including--</DELETED>
<DELETED> (i) any changes in the overall
level of mobility, congestion, access, and
safety in the project area; and</DELETED>
<DELETED> (ii) environmental impacts and
economic development opportunities in the
project area.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) identifies examples of projects to
remove highways using Federal highway funds;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (C) evaluates the existing Federal-aid
program eligibility under title 23, United States Code,
for highway removal projects;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (E) provides recommendations for
integrating those assessments into transportation
planning and decision-making processes.</DELETED>
<DELETED> (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 2021 through
2025 to provide technical assistance under subsection (c)(3).</DELETED>
<DELETED>SEC. 1509. REPEAL OF RESCISSION.</DELETED>
<DELETED> (a) In General.--Section 1438 of the FAST Act (Public Law
114-94; 129 Stat. 1432) is repealed.</DELETED>
<DELETED> (b) 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 1438.</DELETED>
<DELETED>SEC. 1510. FEDERAL INTERAGENCY WORKING GROUP FOR CONVERSION OF
FEDERAL FLEET TO HYBRID-ELECTRIC VEHICLES, ELECTRIC
VEHICLES, AND ALTERNATIVE FUELED VEHICLES.</DELETED>
<DELETED> (a) In General.--Not later than 1 year after the date of
enactment of this Act, the Chair of the Council on Environmental
Quality shall coordinate and chair a Federal interagency working group
to develop a strategy to transition the vehicle fleets of the
respective Federal agencies to hybrid-electric vehicles, plug-in
electric drive vehicles, and alternative fueled vehicles (as defined in
section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211)), to the
maximum extent practicable.</DELETED>
<DELETED> (b) Goals.--The goals of the interagency working group
established under subsection (a) are--</DELETED>
<DELETED> (1) to ensure that the Federal vehicle fleet is at
the leading edge of transitioning to clean energy sources;
and</DELETED>
<DELETED> (2) to develop targets for each year such that the
total number of vehicles purchased for the Federal fleet in the
applicable year includes a percentage of hybrid-electric
vehicles, plug-in electric drive vehicles, and alternative
fueled vehicles that is not less than the percentage of hybrid-
electric vehicles, plug-in electric drive vehicles, and
alternative fueled vehicles purchased in the United States in
the previous year.</DELETED>
<DELETED> (c) Requirement.--In developing the strategy under
subsection (a), the interagency working group established under that
subsection shall consider--</DELETED>
<DELETED> (1) cost-effectiveness; and</DELETED>
<DELETED> (2) the types of vehicles that are appropriate to
the mission of each Federal agency.</DELETED>
<DELETED> (d) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Federal interagency
working group 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 progress made toward implementing the strategy developed under
subsection (a).</DELETED>
<DELETED>SEC. 1511. CYBERSECURITY TOOL; CYBER COORDINATOR.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Administrator.--The term ``Administrator''
means the Administrator of the Federal Highway
Administration.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (3) Transportation authority.--The term
``transportation authority'' means--</DELETED>
<DELETED> (A) a public authority (as defined in
section 101(a) of title 23, United States
Code);</DELETED>
<DELETED> (B) an owner or operator of a highway (as
defined in section 101(a) of title 23, United States
Code);</DELETED>
<DELETED> (C) a manufacturer that manufactures a
product related to transportation; and</DELETED>
<DELETED> (D) a division office of the Federal
Highway Administration.</DELETED>
<DELETED> (b) Cybersecurity Tool.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Requirements.--In developing the tool under
paragraph (1), the Administrator shall--</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (B) establish a structured cybersecurity
assessment and development program;</DELETED>
<DELETED> (C) consult with appropriate
transportation authorities, operating agencies,
industry stakeholders, and cybersecurity experts;
and</DELETED>
<DELETED> (D) provide for a period of public comment
and review on the tool.</DELETED>
<DELETED> (c) Designation of Cyber Coordinator.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Requirements.--The office designated under
paragraph (1) shall--</DELETED>
<DELETED> (A) provide to transportation authorities
a secure method of notifying a single Federal entity of
cyber incidents;</DELETED>
<DELETED> (B) monitor cyber incidents that affect
transportation authorities;</DELETED>
<DELETED> (C) alert transportation authorities to
cyber incidents that affect those transportation
authorities;</DELETED>
<DELETED> (D) investigate unaddressed cyber
incidents that affect transportation authorities;
and</DELETED>
<DELETED> (E) provide to transportation authorities
educational resources, outreach, and awareness on
fundamental principles and best practices in
cybersecurity for transportation systems.</DELETED>
<DELETED>SEC. 1512. STUDY ON MOST EFFECTIVE UPGRADES TO ROADWAY
INFRASTRUCTURE.</DELETED>
<DELETED> (a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall offer to enter into an
agreement with the Transportation Research Board of the National
Academies of Sciences, Engineering, and Medicine to conduct a study--
</DELETED>
<DELETED> (1) to identify specific immediate and specific
long-term types of improvements to roadway infrastructure that
would benefit the largest segment of road users, autonomous
vehicles, and automated driving systems; and</DELETED>
<DELETED> (2) to examine how best to achieve uniformity in
roadway infrastructure to facilitate the safe deployment of
autonomous vehicles and automated driving systems.</DELETED>
<DELETED> (b) Recommendations.--The study conducted under subsection
(a) shall include recommendations to Congress relating to the matters
studied under paragraphs (1) and (2) of that subsection.</DELETED>
<DELETED> (c) Public Comment.--Before entering into an agreement
under subsection (a), the Secretary shall provide an opportunity for
public comment on the study proposal.</DELETED>
<DELETED> (d) Report.--If the Transportation Research Board enters
into the agreement under subsection (a), to the maximum extent
practicable, not later than 2 years after the date of enactment of this
Act, the Secretary shall submit to Congress the study conducted under
that subsection.</DELETED>
<DELETED>SEC. 1513. STUDY ON VEHICLE-TO-INFRASTRUCTURE COMMUNICATION
TECHNOLOGY.</DELETED>
<DELETED> (a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall offer to enter into an
agreement with the Transportation Research Board of the National
Academy of Sciences, Engineering, and Medicine to conduct a study to
identify immediate and long-term safety benefits of--</DELETED>
<DELETED> (1) vehicle-to-infrastructure connectivity
technologies; and</DELETED>
<DELETED> (2) technologies that would allow motor vehicles
and roadway infrastructure to communicate using dedicated
short-range communications and related safety
applications.</DELETED>
<DELETED> (b) Contents.--The study conducted under subsection (a)
shall include--</DELETED>
<DELETED> (1) recommendations to Congress on specific
improvements to roadway infrastructure that would be needed to
facilitate the implementation of--</DELETED>
<DELETED> (A) technologies that would allow motor
vehicles and roadway infrastructure to communicate
using dedicated short-range communications;
and</DELETED>
<DELETED> (B) other vehicle-to-infrastructure
connectivity technologies; and</DELETED>
<DELETED> (2) an evaluation of the safety, mobility, and
environmental impacts resulting from a delay of the adoption of
proven dedicated short-range communication technologies for
vehicle-to-infrastructure communication.</DELETED>
<DELETED> (c) Public Comment.--Before entering into an agreement
under subsection (a), the Secretary shall provide an opportunity for
public comment on the study proposal.</DELETED>
<DELETED> (d) Report.--If the Transportation Research Board enters
into the agreement under subsection (a), to the maximum extent
practicable, not later than 2 years after the date of enactment of this
Act, the Secretary shall submit to Congress the study conducted under
this section.</DELETED>
<DELETED>SEC. 1514. NONHIGHWAY RECREATIONAL FUEL STUDY.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (3) Recreational trails program.--The term
``recreational trails program'' means the recreational trails
program under section 206 of title 23, United States
Code.</DELETED>
<DELETED> (b) Assessment; Report.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) to assist Congress in determining an
appropriate funding level for the recreational trails
program--</DELETED>
<DELETED> (i) a description of the results
of the assessment; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Consultation.--In carrying out an assessment under
subsection (b)(1), the Secretary may consult with, as the Secretary
determines to be appropriate--</DELETED>
<DELETED> (1) the heads of--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) division offices of the
Department;</DELETED>
<DELETED> (2) the Secretary of the Treasury;</DELETED>
<DELETED> (3) the Administrator of the Federal Highway
Administration; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1515. BUY AMERICA.</DELETED>
<DELETED> Section 313 of title 23, United States Code, is amended--
</DELETED>
<DELETED> (1) by redesignating subsection (g) as subsection
(h); and</DELETED>
<DELETED> (2) by inserting after subsection (f) the
following:</DELETED>
<DELETED> ``(g) Waivers.--</DELETED>
<DELETED> ``(1) In general.--Not less than 15 days before
issuing a waiver under this section, the Secretary shall
provide to the public--</DELETED>
<DELETED> ``(A) notice of the proposed
waiver;</DELETED>
<DELETED> ``(B) an opportunity for comment on the
proposed waiver; and</DELETED>
<DELETED> ``(C) the reasons for the proposed
waiver.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 1516. REPORT ON DATA-DRIVEN INFRASTRUCTURE TRAFFIC SAFETY
IMPROVEMENTS.</DELETED>
<DELETED> The Administrator of the Federal Highway Administration
shall--</DELETED>
<DELETED> (1) conduct a study to identify data-driven
infrastructure traffic safety improvements for priority focus
areas identified by the Administrator, including improvements
that would benefit older drivers, teenage drivers, commercial
drivers, and other vulnerable drivers;</DELETED>
<DELETED> (2) on completion of the study under paragraph
(1), 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--
</DELETED>
<DELETED> (A) describes the results of the study;
and</DELETED>
<DELETED> (B) includes recommendations for data-
driven infrastructure traffic safety improvements that
could be implemented; and</DELETED>
<DELETED> (3) based on the results of the study, promote the
use of the data-driven infrastructure traffic safety
improvements recommended under paragraph (2)(B).</DELETED>
<DELETED>SEC. 1517. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY
SYSTEM.</DELETED>
<DELETED> (a) High Priority Corridors.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 105 Stat. 2032; 131 Stat. 797) is amended by adding at the end
the following:</DELETED>
<DELETED> ``(91) 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.</DELETED>
<DELETED> ``(92) The Wendell H. Ford (Western Kentucky)
Parkway from the interchange with the William H. Natcher
Parkway in Ohio County, Kentucky, west to the interchange of
the Western Kentucky Parkway with the Edward T. Breathitt
(Pennyrile) Parkway.''.</DELETED>
<DELETED> (b) Designation as Future Interstate.--Section
1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act
of 1991 (Public Law 102-240; 109 Stat. 597; 131 Stat. 797) is amended
in the first sentence by striking ``and subsection (c)(90)'' and
inserting ``subsection (c)(90), subsection (c)(91), and subsection
(c)(92)''.</DELETED>
<DELETED> (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; 126 Stat. 426; 131 Stat. 797) is amended by
adding at the end the following: ``The route referred to in subsection
(c)(92) is designated as Interstate Route I-569.''.</DELETED>
<DELETED> (d) GAO Report on Designation of Segments as Part of
Interstate System.--</DELETED>
<DELETED> (1) Definition of applicable segment.--In this
subsection, the term ``applicable segment'' means a route
described in paragraph (91) or (92) of section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240; 105 Stat. 2032).</DELETED>
<DELETED> (2) Report.--</DELETED>
<DELETED> (A) In general.--Not later than 2 years
after the date on which the applicable segments are
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.</DELETED>
<DELETED> (B) Requirements.--The report under
subparagraph (A) shall--</DELETED>
<DELETED> (i) be informed by the views and
documentation provided by the State highway
agency (or equivalent agency) in each State in
which an applicable segment is
located;</DELETED>
<DELETED> (ii) describe any impacts on
safety and infrastructure on the applicable
segments;</DELETED>
<DELETED> (iii) describe any view of the
State highway agency (or equivalent agency) in
each State in which an applicable segment is
located on the impact of the applicable
segment; and</DELETED>
<DELETED> (iv) focus only on the applicable
segments.</DELETED>
<DELETED>SEC. 1518. INTERSTATE WEIGHT LIMITS.</DELETED>
<DELETED> Section 127 of title 23, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (l)(3)(A)--</DELETED>
<DELETED> (A) in the matter preceding clause (i), in
the first sentence, by striking ``clause (i) or (ii)''
and inserting ``clauses (i) through (iv)'';
and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(iii) The Wendell H. Ford
(Western Kentucky) Parkway (to be designated as
a spur of Interstate Route 69) from the
interchange with the William H. Natcher Parkway
in Ohio County, Kentucky, west to the
interchange of the Western Kentucky Parkway
with the Edward T. Breathitt (Pennyrile)
Parkway.</DELETED>
<DELETED> ``(iv) The Edward T. Breathitt
Parkway (to be designated as a spur of
Interstate Route 69) from Interstate 24 to
Interstate 69.''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>SEC. 1519. INTERSTATE EXEMPTION.</DELETED>
<DELETED> Notwithstanding section 111 of title 23, United States
Code, if the segment of highway described in paragraph (92) 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, any commercial establishment operating legally in a
rest area on that segment before the date of that designation may
continue to operate in the Interstate right-of-way, subject to the
Interstate access standards established under section 111 of that
title.</DELETED>
<DELETED>SEC. 1520. REPORT ON AIR QUALITY IMPROVEMENTS.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) the Committee on Environment and Public Works
of the Senate; and</DELETED>
<DELETED> (2) the Committee on Transportation and
Infrastructure of the House of Representatives.</DELETED>
<DELETED> (b) Contents.--The evaluation under subsection (a) shall
include an evaluation of--</DELETED>
<DELETED> (1) the reductions of ozone, carbon monoxide, and
particulate matter that result from projects under the
program;</DELETED>
<DELETED> (2) the cost-effectiveness of the reductions
described in paragraph (1);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (6) the extent to which projects under the program
reduce sulfur dioxide, nitrogen dioxide, and lead.</DELETED>
<DELETED>SEC. 1521. ROADSIDE HIGHWAY SAFETY HARDWARE.</DELETED>
<DELETED> (a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall implement 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:</DELETED>
<DELETED> (1) Develop a process for third party verification
of full-scale crash testing results from crash test labs to
include a process for--</DELETED>
<DELETED> (A) formally verifying the testing
outcomes; and</DELETED>
<DELETED> (B) providing for an independent pass/fail
determination.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1522. PERMEABLE PAVEMENTS STUDY.</DELETED>
<DELETED> (a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall carry out a study--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) to perform research to fill gaps in the
existing information gathered under paragraph (1);
and</DELETED>
<DELETED> (3) to develop--</DELETED>
<DELETED> (A) models for the performance of
permeable pavements in flood control; and</DELETED>
<DELETED> (B) best practices for designing permeable
pavement to meet flood control requirements.</DELETED>
<DELETED> (b) Data Survey.--In carrying out the study under
subsection (a), the Secretary shall develop--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) best practices for the design of localized
flood control using permeable pavement that considers long-term
performance and cost information.</DELETED>
<DELETED> (c) Publication.--The Secretary shall make a report
describing the results of the study under subsection (a) available to
States and units of local government.</DELETED>
<DELETED>SEC. 1523. EMERGENCY RELIEF PROJECTS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Improving the Emergency Relief Program.--Not later
than 90 days after the date of enactment of this Act, the Secretary
shall--</DELETED>
<DELETED> (1) revise the emergency relief manual of the
Federal Highway Administration--</DELETED>
<DELETED> (A) to include and reflect the definition
of the term ``resilience'' (as defined in section
101(a) of title 23, United States Code);</DELETED>
<DELETED> (B) to identify procedures that States may
use to incorporate resilience into emergency relief
projects; and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) develop best practices for improving the use
of resilience in--</DELETED>
<DELETED> (A) the emergency relief program under
section 125 of title 23, United States Code;
and</DELETED>
<DELETED> (B) emergency relief efforts;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) develop and implement a process to track--
</DELETED>
<DELETED> (A) the consideration of resilience as
part of the emergency relief program under section 125
of title 23, United States Code; and</DELETED>
<DELETED> (B) the costs of emergency relief
projects.</DELETED>
<DELETED>SEC. 1524. CERTAIN GATHERING LINES LOCATED ON FEDERAL LAND AND
INDIAN LAND.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Federal land.--</DELETED>
<DELETED> (A) In general.--The term ``Federal land''
means land the title to which is held by the United
States.</DELETED>
<DELETED> (B) Exclusions.--The term ``Federal land''
does not include--</DELETED>
<DELETED> (i) a unit of the National Park
System;</DELETED>
<DELETED> (ii) a unit of the National
Wildlife Refuge System;</DELETED>
<DELETED> (iii) a component of the National
Wilderness Preservation System;</DELETED>
<DELETED> (iv) a wilderness study area
within the National Forest System; or</DELETED>
<DELETED> (v) Indian land.</DELETED>
<DELETED> (2) Gathering line and associated field
compression or pumping unit.--</DELETED>
<DELETED> (A) In general.--The term ``gathering line
and associated field compression or pumping unit''
means--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Exclusions.--The term ``gathering line
and associated field compression or pumping unit'' does
not include a common carrier pipeline.</DELETED>
<DELETED> (3) Indian land.--The term ``Indian land'' means
land the title to which is held by--</DELETED>
<DELETED> (A) the United States in trust for an
Indian Tribe or an individual Indian; or</DELETED>
<DELETED> (B) an Indian Tribe or an individual
Indian subject to a restriction by the United States
against alienation.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (b) Certain Gathering Lines.--</DELETED>
<DELETED> (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
1508.4 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) are located adjacent to or within--
</DELETED>
<DELETED> (i) any existing disturbed area;
or</DELETED>
<DELETED> (ii) an existing corridor for a
right-of-way; and</DELETED>
<DELETED> (C) would reduce--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Applicability.--Paragraph (1) shall apply to
Indian land, or a portion of Indian land--</DELETED>
<DELETED> (A) to which the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) applies;
and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (c) Effect on Other Law.--Nothing in this section--
</DELETED>
<DELETED> (1) affects or alters any requirement--</DELETED>
<DELETED> (A) relating to prior consent under--
</DELETED>
<DELETED> (i) section 2 of the Act of
February 5, 1948 (62 Stat. 18, chapter 45; 25
U.S.C. 324); or</DELETED>
<DELETED> (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'');</DELETED>
<DELETED> (B) under section 306108 of title 54,
United States Code; or</DELETED>
<DELETED> (C) under any other Federal law (including
regulations) relating to Tribal consent for rights-of-
way across Indian land; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1525. TECHNICAL CORRECTIONS.</DELETED>
<DELETED> (a) Section 101(b)(1) of title 23, United States Code, is
amended by inserting ``Highways'' after ``and Defense''.</DELETED>
<DELETED> (b) Section 108(c)(3)(F) of title 23, United States Code,
is amended--</DELETED>
<DELETED> (1) by inserting ``of 1969 (42 U.S.C. 4321 et
seq.)'' after ``Policy Act''; and</DELETED>
<DELETED> (2) by striking ``this Act'' and inserting ``this
title''.</DELETED>
<DELETED> (c) Section 112(b)(2) of title 23, United States Code, is
amended by striking ``(F) (F) Subparagraphs'' and inserting the
following:</DELETED>
<DELETED> ``(F) Exclusion.--
Subparagraphs''.</DELETED>
<DELETED> (d) Section 130(g) of title 23, United States Code, is
amended--</DELETED>
<DELETED> (1) in the third sentence--</DELETED>
<DELETED> (A) by striking ``and Transportation,''
and inserting ``and Transportation''; and</DELETED>
<DELETED> (B) by striking ``thereafter,,'' and
inserting ``thereafter,''; and</DELETED>
<DELETED> (2) in the fifth sentence, by striking ``railroad
highway'' and inserting ``railway-highway''.</DELETED>
<DELETED> (e) Section 135(g) of title 23, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (3), by striking ``operators),,''
and inserting ``operators),''; and</DELETED>
<DELETED> (2) in paragraph (6)(B), by striking ``5310, 5311,
5316, and 5317'' and inserting ``5310 and 5311''.</DELETED>
<DELETED> (f) Section 140(a) of title 23, United States Code, is
amended, in the third sentence, by inserting a comma after
``Secretary''.</DELETED>
<DELETED> (g) Section 142 of title 23, United States Code, is
amended by striking subsection (i).</DELETED>
<DELETED> (h) Section 148(i)(2)(D) of title 23, United States Code,
is amended by striking ``safety safety'' and inserting
``safety''.</DELETED>
<DELETED> (i) 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:</DELETED>
<DELETED> ``(1) Authority of public authorities.--A public
authority''.</DELETED>
<DELETED> (j) Section 202 of title 23, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking ``(25 U.S.C. 450 et seq.)'' each
place it appears and inserting ``(25 U.S.C. 5301 et
seq.)'';</DELETED>
<DELETED> (2) in subsection (a)(10)(B), by striking ``(25
U.S.C. 450e(b))'' and inserting ``(25 U.S.C. 5307(b))'';
and</DELETED>
<DELETED> (3) in subsection (b)(5), in the matter preceding
subparagraph (A), by inserting ``the'' after ``agreement
under''.</DELETED>
<DELETED> (k) Section 207 of title 23, United States Code, is
amended--</DELETED>
<DELETED> (1) in subsection (g), by striking ``25 U.S.C.
450j-1'' each place it appears and inserting ``25 U.S.C.
5325'';</DELETED>
<DELETED> (2) in subsection (l)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``(25
U.S.C. 458aaa-5)'' and inserting ``(25 U.S.C.
5386)'';</DELETED>
<DELETED> (B) in paragraph (2), by striking ``(25
U.S.C. 458aaa-6)'' and inserting ``(25 U.S.C.
5387)'';</DELETED>
<DELETED> (C) in paragraph (3), by striking ``(25
U.S.C. 458aaa-7)'' and inserting ``(25 U.S.C.
5388)'';</DELETED>
<DELETED> (D) in paragraph (4), by striking ``(25
U.S.C. 458aaa-9)'' and inserting ``(25 U.S.C.
5390)'';</DELETED>
<DELETED> (E) in paragraph (5), by striking ``(25
U.S.C. 458aaa-10)'' and inserting ``(25 U.S.C.
5391)'';</DELETED>
<DELETED> (F) in paragraph (6), by striking ``(25
U.S.C. 458aaa-11)'' and inserting ``(25 U.S.C.
5392)'';</DELETED>
<DELETED> (G) in paragraph (7), by striking ``(25
U.S.C. 458aaa-14)'' and inserting ``(25 U.S.C.
5395)'';</DELETED>
<DELETED> (H) in paragraph (8), by striking ``(25
U.S.C. 458aaa-15)'' and inserting ``(25 U.S.C. 5396)'';
and</DELETED>
<DELETED> (I) in paragraph (9), by striking ``(25
U.S.C. 458aaa-17)'' and inserting ``(25 U.S.C. 5398)'';
and</DELETED>
<DELETED> (3) in subsection (m)(2)--</DELETED>
<DELETED> (A) by striking ``505'' and inserting
``501''; and</DELETED>
<DELETED> (B) by striking ``(25 U.S.C. 450b;
458aaa)'' and inserting ``(25 U.S.C. 5304;
5381)''.</DELETED>
<DELETED> (l) Section 325(a)(2) of title 23, United States Code, is
amended by striking subparagraphs (A) and (B) and inserting the
following:</DELETED>
<DELETED> ``(A) Projects described in section 104(h)
(as in effect on the day before the date of enactment
of MAP-21).</DELETED>
<DELETED> ``(B) 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).''.</DELETED>
<DELETED> (m) Section 504(g)(6) of title 23, United States Code, is
amended by striking ``make grants or to'' and inserting ``make grants
to''.</DELETED>
<DELETED>TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION</DELETED>
<DELETED>SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION ACT OF 1998 AMENDMENTS.</DELETED>
<DELETED> (a) Definitions.--Section 601(a) of title 23, United
States Code, is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (1) through (22)
as paragraphs (2) through (23), respectively;</DELETED>
<DELETED> (2) by inserting before paragraph (2) (as so
redesignated) the following:</DELETED>
<DELETED> ``(1) Administratively allocated.--The term
`administratively allocated' means the allocation by the
Secretary of budget authority for a project under the TIFIA
program that occurs when--</DELETED>
<DELETED> ``(A) a potential applicant has been
invited into the creditworthiness phase for a project
under the TIFIA program; or</DELETED>
<DELETED> ``(B) the project is subject to a master
credit agreement, in accordance with section
602(b)(2).'';</DELETED>
<DELETED> (3) in subparagraph (E) of paragraph (11) (as so
redesignated), by striking ``3 years'' and inserting ``5
years''; and</DELETED>
<DELETED> (4) in paragraph (13) (as so redesignated)--
</DELETED>
<DELETED> (A) by striking subparagraph (E) and
inserting the following:</DELETED>
<DELETED> ``(E) a project to improve or construct
public infrastructure--</DELETED>
<DELETED> ``(i) that--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) is a project for
economic development, including
commercial and residential development,
and related infrastructure and
activities--</DELETED>
<DELETED> ``(aa) that
incorporates private
investment;</DELETED>
<DELETED> ``(bb) that is
physically or functionally
related to a passenger rail
station or multimodal station
that includes rail
service;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) for which, by not later
than September 30, 2025, the Secretary has--
</DELETED>
<DELETED> ``(I) received a letter of
interest; and</DELETED>
<DELETED> ``(II) determined that the
project is eligible for
assistance;'';</DELETED>
<DELETED> (B) in subparagraph (F), by striking the
period at the end and inserting a semicolon;
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(G) an eligible airport-related project
(as defined in section 40117(a) of title 49) for which,
not later than September 30, 2024, the Secretary has--
</DELETED>
<DELETED> ``(i) received a letter of
interest; and</DELETED>
<DELETED> ``(ii) determined that the project
is eligible for assistance; and</DELETED>
<DELETED> ``(H) a project for the acquisition of
plant and wildlife habitat pursuant to a conservation
plan that--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) in the judgment of the
Secretary, would mitigate the environmental
impacts of transportation infrastructure
projects otherwise eligible for assistance
under this title.''.</DELETED>
<DELETED> (b) Eligibility.--Section 602(a) of title 23, United
States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (2)--</DELETED>
<DELETED> (A) in subparagraph (A)(iv)--</DELETED>
<DELETED> (i) by striking ``a rating'' and
inserting ``an investment-grade rating'';
and</DELETED>
<DELETED> (ii) by striking ``$75,000,000''
and inserting ``$150,000,000''; and</DELETED>
<DELETED> (B) in subparagraph (B)--</DELETED>
<DELETED> (i) by striking ``the senior
debt'' and inserting ``senior debt'';
and</DELETED>
<DELETED> (ii) 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'';
and</DELETED>
<DELETED> (2) in paragraph (5)(B)(ii), by striking ``section
601(a)(12)(E)'' and inserting ``section
601(a)(13)(E)''.</DELETED>
<DELETED> (c) Processing Timelines.--Section 602(d) of title 23,
United States Code, is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;</DELETED>
<DELETED> (2) in paragraph (3) (as so redesignated), by
striking ``paragraph (1)'' and inserting ``paragraph (2)'';
and</DELETED>
<DELETED> (3) by inserting before paragraph (2) (as so
redesignated) the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (d) Secured Loans.--Section 603(c)(4)(A) of title 23,
United States Code, is amended--</DELETED>
<DELETED> (1) by striking ``Any excess'' and inserting the
following:</DELETED>
<DELETED> ``(i) In general.--Except as
provided in clause (ii), any excess'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(ii) Certain applicants.--In the
case of a secured loan or other secured Federal
credit instrument provided after the date of
enactment of the America's Transportation
Infrastructure Act of 2019, 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.''.</DELETED>
<DELETED> (e) Streamlined Application Process.--Section 603(f) of
title 23, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED> ``(3) Additional terms for expedited decisions.--
</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the terms under paragraph
(2); and</DELETED>
<DELETED> ``(ii) the additional criteria
described in subparagraph (B).</DELETED>
<DELETED> ``(B) Additional criteria.--The additional
criteria referred to in subparagraph (A)(ii) are the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) The secured loan is rated
in the A category or higher.</DELETED>
<DELETED> ``(iii) The TIFIA program share of
eligible project costs is 33 percent or
less.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (f) Funding.--</DELETED>
<DELETED> (1) In general.--Section 608(a) of title 23,
United States Code, is amended--</DELETED>
<DELETED> (A) by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively;</DELETED>
<DELETED> (B) by inserting after paragraph (3) the
following:</DELETED>
<DELETED> ``(4) Limitation for certain projects.--</DELETED>
<DELETED> ``(A) Transit-oriented development
projects.--For each fiscal year, the Secretary may use
to carry out projects described in section
601(a)(13)(E) not more than 15 percent of the amounts
made available to carry out the TIFIA program for that
fiscal year.</DELETED>
<DELETED> ``(B) Airport-related projects.--The
Secretary may use to carry out projects described in
section 601(a)(13)(G)--</DELETED>
<DELETED> ``(i) for each fiscal year, not
more than 15 percent of the amounts made
available to carry out the TIFIA program under
the America's Transportation Infrastructure Act
of 2019 for that fiscal year; and</DELETED>
<DELETED> ``(ii) for the period of fiscal
years 2021 through 2025, not more than 15
percent of the unobligated carryover balances
(as of October 1, 2020) made available to carry
out the TIFIA program, less the total amount
administratively allocated by the Secretary as
of that date.''; and</DELETED>
<DELETED> (C) by striking paragraph (6) (as so
redesignated) and inserting the following:</DELETED>
<DELETED> ``(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 2021 through
2025 for the administration of the TIFIA program.''.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (g) Status Reports.--Section 609 of title 23, United
States Code, is amended by adding at the end the following:</DELETED>
<DELETED> ``(c) Status Reports.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall publish on
the website for the TIFIA program--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) on a quarterly basis, a current
status report on all approved applications for
assistance under the TIFIA program.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) the name of the party submitting the
letter of interest or application;</DELETED>
<DELETED> ``(B) the name of the project;</DELETED>
<DELETED> ``(C) the date on which the letter of
interest or application was received;</DELETED>
<DELETED> ``(D) the estimated project eligible
costs;</DELETED>
<DELETED> ``(E) the type of credit assistance
sought; and</DELETED>
<DELETED> ``(F) the anticipated fiscal year and
quarter for closing of the credit
assistance.''.</DELETED>
<DELETED> (h) State Infrastructure Bank Program.--Section 610 of
title 23, United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (1)(A), by striking
``fiscal years 2016 through 2020'' and inserting
``fiscal years 2021 through 2025'';</DELETED>
<DELETED> (B) in paragraph (2), by striking ``fiscal
years 2016 through 2020'' and inserting ``fiscal years
2021 through 2025''; and</DELETED>
<DELETED> (C) in paragraph (3), by striking ``fiscal
years 2016 through 2020'' and inserting ``fiscal years
2021 through 2025''; and</DELETED>
<DELETED> (2) in subsection (k), by striking ``fiscal years
2016 through 2020'' and inserting ``fiscal years 2021 through
2025''.</DELETED>
<DELETED> (i) Report.--Not later than September 30, 2024, 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)(4)(C) and
subsection (f)(1)(B), including--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) recommendations for modifications to the TIFIA
program.</DELETED>
<DELETED>TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION</DELETED>
<DELETED>SEC. 3001. SURFACE TRANSPORTATION SYSTEM FUNDING
ALTERNATIVES.</DELETED>
<DELETED> (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 to maintain the long-term solvency of
the Highway Trust Fund, through pilot projects at the State and
regional level.</DELETED>
<DELETED> (b) Grants.--The Secretary shall provide grants to States
and groups of States to carry out pilot projects under this
section.</DELETED>
<DELETED> (c) Applications.--To be eligible for a grant under this
section, a State or group of States shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.</DELETED>
<DELETED> (d) Objectives.--The Secretary shall ensure that the
activities carried out using funds provided under this section meet the
following objectives:</DELETED>
<DELETED> (1) To test the design, acceptance, equity, and
implementation of user-based alternative revenue mechanisms,
including among differing income groups and among rural and
urban drivers.</DELETED>
<DELETED> (2) To provide recommendations regarding adoption
and implementation of user-based alternative revenue
mechanisms.</DELETED>
<DELETED> (3) To quantify and minimize the administrative
costs of any potential user-based alternative revenue
mechanisms.</DELETED>
<DELETED> (4) To test a variety of solutions, including the
use of third-party vendors, for the collection of data and road
usage fees, including the reliability and security of those
solutions and vendors.</DELETED>
<DELETED> (5) To test solutions to ensure the privacy and
security of data collected for the purpose of implementing a
user-based alternative revenue mechanism.</DELETED>
<DELETED> (6) To conduct public education and outreach to
increase public awareness regarding the need for road usage
fees or other user-based alternative revenue mechanisms for
surface transportation programs.</DELETED>
<DELETED> (7) To evaluate the ease of compliance and
enforcement of a variety of implementation approaches for
different users of the transportation system.</DELETED>
<DELETED> (e) Use of Funds.--A State or group of States that
receives a grant under this section shall use the grant to carry out
activities to address the objectives described in subsection
(d).</DELETED>
<DELETED> (f) Consideration.--The Secretary shall consider
geographic diversity in awarding grants under this section.</DELETED>
<DELETED> (g) Limitations 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.</DELETED>
<DELETED> (h) Federal Share.--The Federal share of the cost of an
activity carried out under this section may not exceed 70 percent of
the total cost of the activity.</DELETED>
<DELETED> (i) Funding.--Of the funds made available to carry out
section 503(b) of title 23, United States Code, for each of fiscal
years 2021 through 2025, $12,500,000 shall be used for State pilot
projects under this section.</DELETED>
<DELETED> (j) Repeal.--</DELETED>
<DELETED> (1) In general.--Section 6020 of the FAST Act (23
U.S.C. 503 note; Public Law 114-94) is repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3002. PERFORMANCE MANAGEMENT DATA SUPPORT
PROGRAM.</DELETED>
<DELETED> 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 2021 through 2025''.</DELETED>
<DELETED>SEC. 3003. DATA INTEGRATION PILOT PROGRAM.</DELETED>
<DELETED> (a) Establishment.--The Secretary shall establish a pilot
program--</DELETED>
<DELETED> (1) to provide research and develop models that
integrate, in near-real-time, data from multiple sources,
including geolocated--</DELETED>
<DELETED> (A) weather conditions;</DELETED>
<DELETED> (B) roadway conditions;</DELETED>
<DELETED> (C) incidents, work zones, and other
nonrecurring events related to emergency planning;
and</DELETED>
<DELETED> (D) information from emergency responders;
and</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) winter weather;</DELETED>
<DELETED> (B) heavy rainfall; and</DELETED>
<DELETED> (C) tropical weather events.</DELETED>
<DELETED> (b) Requirements.--In carrying out subsection (a)(1), the
Secretary shall--</DELETED>
<DELETED> (1) address the safety, resiliency, and
vulnerability of the transportation system to disasters;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Treatment.--Except as otherwise provided in this
section, the Secretary shall carry out activities under the pilot
program under this section as if--</DELETED>
<DELETED> (1) those activities were authorized under chapter
5 of title 23, United States Code; and</DELETED>
<DELETED> (2) the funds made available to carry out the
pilot program were made available under that chapter.</DELETED>
<DELETED> (d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,500,000 for each of
fiscal years 2021 through 2025, to remain available until
expended.</DELETED>
<DELETED>SEC. 3004. EMERGING TECHNOLOGY RESEARCH PILOT
PROGRAM.</DELETED>
<DELETED> (a) Establishment.--The Secretary shall establish a pilot
program to conduct emerging technology research in accordance with this
section.</DELETED>
<DELETED> (b) Activities.--The pilot program under this section
shall include--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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)--</DELETED>
<DELETED> (A) to reduce the impact of automated and
connected driving systems and advanced driver-
assistance systems on pavement and infrastructure
performance; and</DELETED>
<DELETED> (B) to improve transportation
infrastructure design in anticipation of increased
usage of automated driving systems and advanced driver-
assistance systems.</DELETED>
<DELETED> (c) Treatment.--Except as otherwise provided in this
section, the Secretary shall carry out activities under the pilot
program under this section as if--</DELETED>
<DELETED> (1) those activities were authorized under chapter
5 of title 23, United States Code; and</DELETED>
<DELETED> (2) the funds made available to carry out the
pilot program were made available under that chapter.</DELETED>
<DELETED> (d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for each of
fiscal years 2021 through 2025, to remain available until
expended.</DELETED>
<DELETED>SEC. 3005. RESEARCH AND TECHNOLOGY DEVELOPMENT AND
DEPLOYMENT.</DELETED>
<DELETED> (a) In General.--Section 503 of title 23, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)(2), by striking ``section
508'' and inserting ``section 6503 of title 49'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (C), by
striking ``and'' at the end;</DELETED>
<DELETED> (ii) in subparagraph (D), by
striking the period at the end and inserting a
semicolon; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(E) engage with public and private
entities to spur advancement of emerging transformative
innovations through accelerated market readiness;
and</DELETED>
<DELETED> ``(F) consult frequently with public and
private entities on new transportation
technologies.'';</DELETED>
<DELETED> (B) in paragraph (2)(C)--</DELETED>
<DELETED> (i) by redesignating clauses (x)
through (xv) as clauses (xi) through (xvi),
respectively; and</DELETED>
<DELETED> (ii) by inserting after clause
(ix) the following:</DELETED>
<DELETED> ``(x) safety measures to reduce
the number of wildlife-vehicle
collisions;'';</DELETED>
<DELETED> (C) in paragraph (3)--</DELETED>
<DELETED> (i) in subparagraph (B)(viii), by
inserting ``, extreme weather events,'' after
``seismic activities''; and</DELETED>
<DELETED> (ii) in subparagraph (C)--
</DELETED>
<DELETED> (I) in clause (xv), by
inserting ``extreme weather events
and'' after ``withstand'';</DELETED>
<DELETED> (II) in clause (xviii), by
striking ``and'' at the end;</DELETED>
<DELETED> (III) in clause (xix), by
striking the period at the end and
inserting ``; and''; and</DELETED>
<DELETED> (IV) by adding at the end
the following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (D) in paragraph (6)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``and'' at the end;</DELETED>
<DELETED> (ii) in subparagraph (B), by
striking the period at the end and inserting
``; and''; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(C) to support research on non-market-
ready technologies in consultation with public and
private entities.'';</DELETED>
<DELETED> (E) in paragraph (7)(B)--</DELETED>
<DELETED> (i) in the matter preceding clause
(i), by inserting ``innovations by leading''
after ``support'';</DELETED>
<DELETED> (ii) in clause (iii), by striking
``and'' at the end;</DELETED>
<DELETED> (iii) in clause (iv), by striking
the period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (iv) by adding at the end the
following:</DELETED>
<DELETED> ``(v) the dissemination and
evaluation of information from accelerated
market readiness efforts, including non-market-
ready technologies, to public and private
entities in consultation with other offices of
the Federal Highway Administration and key
partners.'';</DELETED>
<DELETED> (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--</DELETED>
<DELETED> ``(i) the conditions and
performance of the highway network for freight
movement;</DELETED>
<DELETED> ``(ii) intelligent transportation
systems;</DELETED>
<DELETED> ``(iii) resilience needs;
and</DELETED>
<DELETED> ``(iv) the backlog of current
highway, bridge, and tunnel needs.'';
and</DELETED>
<DELETED> (G) by adding at the end the
following:</DELETED>
<DELETED> ``(9) Analysis tools.--The Secretary may develop
interactive modeling tools and databases that--</DELETED>
<DELETED> ``(A) track the full condition of highway
assets, including interchanges, and the reconstruction
history of those assets;</DELETED>
<DELETED> ``(B) can be used to assess transportation
options;</DELETED>
<DELETED> ``(C) allow for the monitoring and
modeling of network-level traffic flows on highways;
and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (3) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A), by inserting ``use of rights-
of-way permissible under applicable law,''
after ``structures,'';</DELETED>
<DELETED> (ii) in subparagraph (D), by
striking ``and'' at the end;</DELETED>
<DELETED> (iii) in subparagraph (E), by
striking the period at the end and inserting
``; and''; and</DELETED>
<DELETED> (iv) by adding at the end the
following:</DELETED>
<DELETED> ``(F) disseminating and evaluating
information from accelerated market readiness efforts,
including non-market-ready technologies, to public and
private entities.'';</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) in subparagraph (B)(iii), by
inserting ``and early stage'' before
``innovative''; and</DELETED>
<DELETED> (ii) by adding at the end the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the activities the Secretary
has undertaken to carry out the program
established under paragraph (1); and</DELETED>
<DELETED> ``(ii) how and to what extent the
Secretary has worked to disseminate non-market-
ready technologies to public and private
entities.'';</DELETED>
<DELETED> (C) in paragraph (3)--</DELETED>
<DELETED> (i) in subparagraph (C), by
striking ``fiscal years 2016 through 2020'' and
inserting ``fiscal years 2021 through 2025'';
and</DELETED>
<DELETED> (ii) in subparagraph (D)--
</DELETED>
<DELETED> (I) in clause (i), by
striking ``annually'' and inserting
``once every 3 years''; and</DELETED>
<DELETED> (II) in clause (ii)--
</DELETED>
<DELETED> (aa) in subclause
(III), by striking ``and'' at
the end;</DELETED>
<DELETED> (bb) in subclause
(IV), by striking the period at
the end and inserting a
semicolon; and</DELETED>
<DELETED> (cc) by adding at
the end the
following:</DELETED>
<DELETED> ``(V) pavement monitoring
and data collection;</DELETED>
<DELETED> ``(VI) pavement durability
and resilience;</DELETED>
<DELETED> ``(VII) stormwater
management;</DELETED>
<DELETED> ``(VIII) vehicle
efficiency;</DELETED>
<DELETED> ``(IX) the energy
efficiency of the production of paving
materials and the ability of paving
materials to enhance the environment
and promote sustainability;
and</DELETED>
<DELETED> ``(X) integration of
renewable energy in pavement
designs.''; and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(5) Accelerated implementation and deployment of
advanced digital construction management systems.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Goals.--The goals of the accelerated
implementation and deployment of advanced digital
construction management systems program established
under subparagraph (A) shall include--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) maximize
interoperability with other systems,
products, tools, or
applications;</DELETED>
<DELETED> ``(II) boost
productivity;</DELETED>
<DELETED> ``(III) manage
complexity;</DELETED>
<DELETED> ``(IV) reduce project
delays and cost overruns; and</DELETED>
<DELETED> ``(V) enhance safety and
quality;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(iv) the development and
deployment of best practices for use in digital
construction management;</DELETED>
<DELETED> ``(v) increased technology
adoption and deployment by States and units of
local government that enables project
sponsors--</DELETED>
<DELETED> ``(I) to integrate the
adoption of digital management systems
and technologies in contracts;
and</DELETED>
<DELETED> ``(II) to weigh the cost
of digitization and technology in
setting project budgets;</DELETED>
<DELETED> ``(vi) technology training and
workforce development to build the capabilities
of project managers and sponsors that enables
States and units of local government--
</DELETED>
<DELETED> ``(I) to better manage
projects using advanced construction
management technologies; and</DELETED>
<DELETED> ``(II) to properly measure
and reward technology adoption across
projects of the State or unit of local
government;</DELETED>
<DELETED> ``(vii) development of guidance to
assist States in updating regulations of the
State to allow project sponsors and
contractors--</DELETED>
<DELETED> ``(I) to report data
relating to the project in digital
formats; and</DELETED>
<DELETED> ``(II) to fully capture
the efficiencies and benefits of
advanced digital construction
management systems and related
technologies;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ix) enhanced worker and
pedestrian safety resulting from increased
transparency.</DELETED>
<DELETED> ``(C) Funding.--For each of fiscal years
2021 through 2025, 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.</DELETED>
<DELETED> ``(D) Publication.--</DELETED>
<DELETED> ``(i) In general.--Not less
frequently than annually, the Secretary shall
issue and make available to the public on a
website a report on--</DELETED>
<DELETED> ``(I) progress made in the
implementation of advanced digital
management systems by States;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) Inclusions.--The report
under clause (i) may include an analysis of--
</DELETED>
<DELETED> ``(I) Federal, State, and
local cost savings;</DELETED>
<DELETED> ``(II) project delivery
time improvements;</DELETED>
<DELETED> ``(III) congestion
impacts; and</DELETED>
<DELETED> ``(IV) safety improvements
for roadway users and construction
workers.''.</DELETED>
<DELETED> (b) Advanced Transportation Technologies and Innovative
Mobility Deployment.--Section 503(c)(4) of title 23, United States
Code, is amended--</DELETED>
<DELETED> (1) in the heading, by inserting ``and innovative
mobility'' before ``deployment'';</DELETED>
<DELETED> (2) by striking subparagraph (A) and inserting the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (3) in subparagraph (B)--</DELETED>
<DELETED> (A) in clause (i), by striking ``the
enhanced use'' and inserting
``optimization'';</DELETED>
<DELETED> (B) in clause (v)--</DELETED>
<DELETED> (i) by striking ``transit,'' and
inserting ``work zone, weather, transit,
paratransit,''; and</DELETED>
<DELETED> (ii) by striking ``and accessible
transportation'' and inserting ``, accessible,
and integrated transportation and
transportation services'';</DELETED>
<DELETED> (C) by redesignating clauses (vi) through
(viii) as clauses (vii), (viii), and (x),
respectively;</DELETED>
<DELETED> (D) by inserting after clause (v) the
following:</DELETED>
<DELETED> ``(vi) facilitate account-based
payments for transportation access and services
and integrate payment systems across
modes;'';</DELETED>
<DELETED> (E) in clause (viii) (as so redesignated),
by striking ``or'' at the end; and</DELETED>
<DELETED> (F) by inserting after clause (viii) (as
so redesignated) the following:</DELETED>
<DELETED> ``(ix) incentivize travelers--
</DELETED>
<DELETED> ``(I) to share trips
during periods in which travel demand
exceeds system capacity; or</DELETED>
<DELETED> ``(II) to shift trips to
periods in which travel demand does not
exceed system capacity; or'';</DELETED>
<DELETED> (4) in subparagraph (C)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) in clause (ii)--</DELETED>
<DELETED> (i) in subclause (I), by inserting
``mobility,'' after ``safety,''; and</DELETED>
<DELETED> (ii) in subclause (II)--</DELETED>
<DELETED> (I) in item (bb), by
striking ``and'' at the end;</DELETED>
<DELETED> (II) in item (cc), by
striking the period at the end and
inserting ``; and''; and</DELETED>
<DELETED> (III) by adding at the end
the following:</DELETED>
<DELETED> ``(dd)
facilitating payment for
transportation
services.'';</DELETED>
<DELETED> (5) in subparagraph (D)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) in clause (ii)--</DELETED>
<DELETED> (i) by striking ``In awarding''
and inserting the following:</DELETED>
<DELETED> ``(I) In general.--Subject
to subclause (II), in awarding'';
and</DELETED>
<DELETED> (ii) by adding at the end the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (6) in subparagraph (E)--</DELETED>
<DELETED> (A) by redesignating clauses (iii) through
(ix) as clauses (iv), (v), (vi), (vii), (viii), (xi),
and (xiv), respectively;</DELETED>
<DELETED> (B) by inserting after clause (ii) the
following:</DELETED>
<DELETED> ``(iii) advanced transportation
technologies to improve emergency evacuation
and response by Federal, State, and local
authorities;'';</DELETED>
<DELETED> (C) by inserting after clause (viii) (as
so redesignated) the following:</DELETED>
<DELETED> ``(ix) integrated corridor
management systems;</DELETED>
<DELETED> ``(x) advanced parking reservation
or variable pricing systems;'';</DELETED>
<DELETED> (D) in clause (xi) (as so redesignated)--
</DELETED>
<DELETED> (i) by inserting ``, toll
collection,'' after ``pricing''; and</DELETED>
<DELETED> (ii) by striking ``or'' at the
end;</DELETED>
<DELETED> (E) by inserting after clause (xi) (as so
redesignated) the following:</DELETED>
<DELETED> ``(xii) technology that enhances
high occupancy vehicle toll lanes, cordon
pricing, or congestion pricing;</DELETED>
<DELETED> ``(xiii) integration of
transportation service payment systems; or'';
and</DELETED>
<DELETED> (F) in clause (xiv) (as so redesignated)--
</DELETED>
<DELETED> (i) by striking ``and access'' and
inserting ``, access, and on-demand
transportation service''; and</DELETED>
<DELETED> (ii) by inserting ``and other
shared-use mobility applications'' after
``ridesharing'';</DELETED>
<DELETED> (7) in subparagraph (F)(ii)(IV), by striking
``efficiency and multimodal system performance'' and inserting
``mobility, efficiency, multimodal system performance, and
payment system performance'';</DELETED>
<DELETED> (8) in subparagraph (G)--</DELETED>
<DELETED> (A) by redesignating clauses (vi) through
(viii) as clauses (vii) through (ix), respectively;
and</DELETED>
<DELETED> (B) by inserting after clause (v) the
following:</DELETED>
<DELETED> ``(vi) improved integration of
payment systems;'';</DELETED>
<DELETED> (9) in subparagraph (I)(i), by striking ``fiscal
years 2016 through 2020'' and inserting ``fiscal years 2021
through 2025''; and</DELETED>
<DELETED> (10) in subparagraph (N)--</DELETED>
<DELETED> (A) in clause (i), by striking
``representing a population of over 200,000'';
and</DELETED>
<DELETED> (B) in clause (iii), in the matter
preceding subclause (I), by striking ``a any'' and
inserting ``any''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(6) Center of excellence.--</DELETED>
<DELETED> ``(A) Definitions.--In this
paragraph:</DELETED>
<DELETED> ``(i) Automated vehicle.--The term
`automated vehicle' means a motor vehicle
that--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) is capable of
performing the entire task of driving
(including steering, accelerating and
decelerating, and reacting to external
stimulus) without human
intervention.</DELETED>
<DELETED> ``(ii) New mobility.--The term
`new mobility' includes shared services such
as--</DELETED>
<DELETED> ``(I) docked and dockless
bicycles;</DELETED>
<DELETED> ``(II) docked and dockless
electric scooters; and</DELETED>
<DELETED> ``(III) transportation
network companies.</DELETED>
<DELETED> ``(B) Establishment.--Not later than 1
year after the date of enactment of the America's
Transportation Infrastructure Act of 2019, 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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) a description of--</DELETED>
<DELETED> (A) the current status of the use of
advanced digital construction management systems in
each State; and</DELETED>
<DELETED> (B) the progress of each State toward
accelerating the adoption of advanced digital
construction management systems; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Open Challenge and Research Initiative Pilot
Program.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Requirements.--A research proposal submitted
to the Secretary by an eligible entity shall address--
</DELETED>
<DELETED> (A) a research need identified by the
Secretary or the Administrator of the Federal Highway
Administration; or</DELETED>
<DELETED> (B) an issue or challenge that the
Secretary determines to be important.</DELETED>
<DELETED> (3) Eligible entities.--An entity eligible to
submit a research proposal under the pilot program under
paragraph (1) is--</DELETED>
<DELETED> (A) a State;</DELETED>
<DELETED> (B) a unit of local government;</DELETED>
<DELETED> (C) a university transportation center
under section 5505 of title 49, United States
Code;</DELETED>
<DELETED> (D) a private nonprofit
organization;</DELETED>
<DELETED> (E) a private sector organization working
in collaboration with an entity described in
subparagraphs (A) through (D); and</DELETED>
<DELETED> (F) any other individual or entity that
the Secretary determines to be appropriate.</DELETED>
<DELETED> (4) Project review.--The Secretary shall--
</DELETED>
<DELETED> (A) review each research proposal
submitted under the pilot program under paragraph (1);
and</DELETED>
<DELETED> (B) provide to the eligible entity a
written notice that--</DELETED>
<DELETED> (i) if the research proposal is
not selected--</DELETED>
<DELETED> (I) notifies the eligible
entity that the research proposal has
not been selected for
funding;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) if the research proposal is
selected, notifies the eligible entity that the
research proposal has been selected for
funding.</DELETED>
<DELETED> (5) Federal share.--</DELETED>
<DELETED> (A) In general.--The Federal share of the
cost of an activity carried out under this subsection
shall not exceed 80 percent.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Conforming Amendment.--Section 167 of title 23, United
States Code, is amended--</DELETED>
<DELETED> (1) by striking subsection (h); and</DELETED>
<DELETED> (2) by redesignating subsections (i) through (l)
as subsections (h) through (k), respectively.</DELETED>
<DELETED>SEC. 3006. WORKFORCE DEVELOPMENT, TRAINING, AND
EDUCATION.</DELETED>
<DELETED> (a) Surface Transportation Workforce Development,
Training, and Education.--Section 504(e) of title 23, United States
Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) by redesignating subparagraphs (D)
through (G) as subparagraphs (E), (F), (H), and (I),
respectively;</DELETED>
<DELETED> (B) by inserting after subparagraph (C)
the following:</DELETED>
<DELETED> ``(D) pre-apprenticeships,
apprenticeships, and career opportunities for on-the-
job training;'';</DELETED>
<DELETED> (C) in subparagraph (E) (as so
redesignated), by striking ``or community college'' and
inserting ``, college, community college, or vocational
school''; and</DELETED>
<DELETED> (D) by inserting after subparagraph (F)
(as so redesignated) the following:</DELETED>
<DELETED> ``(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;'';</DELETED>
<DELETED> (2) in paragraph (2), by striking ``paragraph
(1)(G)'' and inserting ``paragraph (1)(I)''; and</DELETED>
<DELETED> (3) in paragraph (3)--</DELETED>
<DELETED> (A) by striking the period at the end and
inserting a semicolon;</DELETED>
<DELETED> (B) by striking ``including activities''
and inserting the following: ``including--</DELETED>
<DELETED> ``(A) activities''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(B) activities that address current
workforce gaps, such as work on construction projects,
of State and local transportation agencies;</DELETED>
<DELETED> ``(C) activities to develop a robust
surface transportation workforce with new skills
resulting from emerging transportation technologies;
and</DELETED>
<DELETED> ``(D) activities to attract new sources of
job-creating investment.''.</DELETED>
<DELETED> (b) Transportation Education and Training Development and
Deployment Program.--Section 504(f) of title 23, United States Code, is
amended--</DELETED>
<DELETED> (1) in the subsection heading, by striking
``Development'' and inserting ``and Training Development and
Deployment'';</DELETED>
<DELETED> (2) by striking paragraph (1) and inserting the
following:</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) to develop, test, and review new
curricula and education programs to train individuals
at all levels of the transportation workforce;
or</DELETED>
<DELETED> ``(B) to implement the new curricula and
education programs to provide for hands-on career
opportunities to meet current and future
needs.'';</DELETED>
<DELETED> (3) in paragraph (2)--</DELETED>
<DELETED> (A) in the matter preceding subparagraph
(A), by striking ``shall'' and inserting
``may'';</DELETED>
<DELETED> (B) in subparagraph (A), by inserting
``current or future'' after ``specific''; and</DELETED>
<DELETED> (C) in subparagraph (E)--</DELETED>
<DELETED> (i) by striking ``in
nontraditional departments'';</DELETED>
<DELETED> (ii) by inserting
``construction,'' after ``such as'';
and</DELETED>
<DELETED> (iii) by inserting ``or emerging''
after ``industrial'';</DELETED>
<DELETED> (4) by redesignating paragraph (3) as paragraph
(4); and</DELETED>
<DELETED> (5) by inserting after paragraph (2) the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the percentage or number of program
participants that are employed during the second
quarter after exiting the program;</DELETED>
<DELETED> ``(B) the percentage or number of program
participants that are employed during the fourth
quarter after exiting the program;</DELETED>
<DELETED> ``(C) the median earnings of program
participants that are employed during the second
quarter after exiting the program;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(E) the percentage or number of program
participants that, during a program year--</DELETED>
<DELETED> ``(i) are in an education or
training program that leads to a recognized
postsecondary credential or employment;
and</DELETED>
<DELETED> ``(ii) are achieving measurable
skill gains toward such a credential or
employment.''.</DELETED>
<DELETED> (c) Use of Funds.--Section 504 of title 23, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(1) the activities are authorized by another
provision of this title; and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 3007. WILDLIFE-VEHICLE COLLISION RESEARCH.</DELETED>
<DELETED> (a) General Authorities and Requirements Regarding
Wildlife and Habitat.--Section 515(h)(2) of title 23, United States
Code, is amended--</DELETED>
<DELETED> (1) in subparagraph (K), by striking ``and'' at
the end;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) by inserting after subparagraph (C) the
following:</DELETED>
<DELETED> ``(D) a representative from a State,
local, or regional wildlife, land use, or resource
management agency;'';</DELETED>
<DELETED> (4) by inserting after subparagraph (I) (as so
redesignated) the following:</DELETED>
<DELETED> ``(J) an academic researcher who is a
biological or ecological scientist with expertise in
transportation issues;''; and</DELETED>
<DELETED> (5) by inserting after subparagraph (M) (as so
redesignated) the following:</DELETED>
<DELETED> ``(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''.</DELETED>
<DELETED> (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''.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America's
Transportation Infrastructure Act of 2019''.
(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. National scenic byways program.
Sec. 1117. Alaska Highway.
Sec. 1118. Toll roads, bridges, tunnels, and ferries.
Sec. 1119. Bridge investment program.
Sec. 1120. Safe routes to school program.
Sec. 1121. Highway use tax evasion projects.
Sec. 1122. Construction of ferry boats and ferry terminal facilities.
Sec. 1123. Balance exchanges for infrastructure program.
Sec. 1124. Safety incentive programs.
Sec. 1125. Wildlife crossing safety.
Sec. 1126. Consolidation of programs.
Sec. 1127. State freight advisory committees.
Sec. 1128. Territorial and Puerto Rico highway program.
Sec. 1129. Nationally significant Federal lands and Tribal projects
program.
Sec. 1130. Tribal high priority projects program.
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. Accessibility data pilot program.
Sec. 1205. Prioritization process pilot program.
Sec. 1206. Exemptions for low population density states.
Sec. 1207. Travel demand data and modeling.
Sec. 1208. Increasing safe and accessible transportation options.
Subtitle C--Project Delivery and Process Improvement
Sec. 1301. Efficient environmental reviews for project decisionmaking
and 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. Department of Transportation reports.
Sec. 1311. Preliminary engineering.
Subtitle D--Climate Change
Sec. 1401. Grants for charging and fueling infrastructure to modernize
and reconnect America for the 21st century.
Sec. 1402. Reduction of truck emissions at port facilities.
Sec. 1403. Carbon reduction incentive programs.
Sec. 1404. Congestion relief program.
Sec. 1405. Freight plans.
Sec. 1406. Utilizing significant emissions with innovative
technologies.
Sec. 1407. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation
(PROTECT) grant program.
Sec. 1408. Diesel emissions reduction.
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. Forest Service Legacy Roads and Trails Remediation Program.
Sec. 1505. Disaster relief mobilization pilot program.
Sec. 1506. Appalachian regional development.
Sec. 1507. Requirements for transportation projects carried out through
public-private partnerships.
Sec. 1508. Community connectivity pilot program.
Sec. 1509. Repeal of rescission.
Sec. 1510. Federal interagency working group for conversion of federal
fleet to hybrid-electric vehicles, electric
vehicles, and alternative fueled vehicles.
Sec. 1511. Cybersecurity tool; cyber coordinator.
Sec. 1512. Study on most effective upgrades to roadway infrastructure.
Sec. 1513. Study on vehicle-to-infrastructure communication technology.
Sec. 1514. Nonhighway recreational fuel study.
Sec. 1515. Buy America.
Sec. 1516. Report on data-driven infrastructure traffic safety
improvements.
Sec. 1517. High priority corridors on the National Highway System.
Sec. 1518. Interstate weight limits.
Sec. 1519. Interstate exemption.
Sec. 1520. Report on air quality improvements.
Sec. 1521. Roadside highway safety hardware.
Sec. 1522. Permeable pavements study.
Sec. 1523. Emergency relief projects.
Sec. 1524. Certain gathering lines located on Federal land and Indian
land.
Sec. 1525. Sense of Senate relating to offsets.
Sec. 1526. Study on stormwater best management practices.
Sec. 1527. Stormwater best management practices reports.
Sec. 1528. Invasive plant elimination program.
Sec. 1529. Over-the-road bus tolling equity.
Sec. 1530. Bridge terminology.
Sec. 1531. Technical corrections.
Sec. 1532. Study of impacts on roads from self-driving vehicles.
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. Surface transportation system funding alternatives.
Sec. 3002. Performance management data support program.
Sec. 3003. Data integration pilot program.
Sec. 3004. Emerging technology research pilot program.
Sec. 3005. Research and technology development and deployment.
Sec. 3006. Workforce development, training, and education.
Sec. 3007. Wildlife-vehicle collision research.
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, 2020.
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, and to carry out section 134 of that
title--
(A) $47,855,749,000 for fiscal year 2021;
(B) $48,829,248,000 for fiscal year 2022;
(C) $49,849,443,000 for fiscal year 2023;
(D) $50,914,302,000 for fiscal year 2024; and
(E) $51,979,162,000 for fiscal year 2025.
(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, $300,000,000 for each of
fiscal years 2021 through 2025.
(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) $565,000,000 for fiscal year 2021;
(ii) $580,000,000 for fiscal year 2022;
(iii) $595,000,000 for fiscal year 2023;
(iv) $610,000,000 for fiscal year 2024; and
(v) $625,000,000 for fiscal year 2025.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands
transportation program under section 203 of
title 23, United States Code--
(I) $413,000,000 for fiscal year
2021;
(II) $423,000,000 for fiscal year
2022;
(III) $433,000,000 for fiscal year
2023;
(IV) $443,000,000 for fiscal year
2024; and
(V) $453,000,000 for fiscal year
2025.
(ii) Allocation.--Of the amount made
available for a fiscal year under clause (i)--
(I) the amount for the National
Park Service is--
(aa) $330,000,000 for
fiscal year 2021;
(bb) $338,000,000 for
fiscal year 2022;
(cc) $346,000,000 for
fiscal year 2023;
(dd) $354,000,000 for
fiscal year 2024; and
(ee) $362,000,000 for
fiscal year 2025;
(II) the amount for the United
States Fish and Wildlife Service is
$33,000,000 for each of fiscal years
2021 through 2025; and
(III) the amount for the Forest
Service is--
(aa) $22,000,000 for fiscal
year 2021;
(bb) $23,000,000 for fiscal
year 2022;
(cc) $24,000,000 for fiscal
year 2023;
(dd) $25,000,000 for fiscal
year 2024; and
(ee) $26,000,000 for fiscal
year 2025.
(C) Federal lands access program.--For the Federal
lands access program under section 204 of title 23,
United States Code--
(i) $280,000,000 for fiscal year 2021;
(ii) $285,000,000 for fiscal year 2022;
(iii) $290,000,000 for fiscal year 2023;
(iv) $295,000,000 for fiscal year 2024; and
(v) $300,000,000 for fiscal year 2025.
(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) $204,500,000 for fiscal year 2021;
(B) $208,000,000 for fiscal year 2022;
(C) $212,000,000 for fiscal year 2023;
(D) $216,000,000 for fiscal year 2024; and
(E) $221,500,000 for fiscal year 2025.
(5) Nationally significant freight and highway projects.--
For nationally significant freight and highway projects under
section 117 of title 23, United States Code--
(A) $1,050,000,000 for fiscal year 2021;
(B) $1,075,000,000 for fiscal year 2022;
(C) $1,100,000,000 for fiscal year 2023;
(D) $1,125,000,000 for fiscal year 2024; and
(E) $1,150,000,000 for fiscal year 2025.
(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 2021;
(ii) $640,000,000 for fiscal year 2022;
(iii) $650,000,000 for fiscal year 2023;
(iv) $675,000,000 for fiscal year 2024; and
(v) $700,000,000 for fiscal year 2025.
(B) Congestion relief program.--To carry out the
congestion relief program under section 129(d) of title
23, United States Code, $40,000,000 for each of fiscal
years 2021 through 2025.
(C) Charging and fueling infrastructure grants.--To
carry out section 151(f) of title 23, United States
Code--
(i) $100,000,000 for fiscal year 2021;
(ii) $100,000,000 for fiscal year 2022;
(iii) $200,000,000 for fiscal year 2023;
(iv) $300,000,000 for fiscal year 2024; and
(v) $300,000,000 for fiscal year 2025.
(D) Formula safety incentive program.--To carry out
the formula safety incentive program under section 172
of title 23, United States Code, $500,000,000 for each
of fiscal years 2021 through 2025.
(E) Fatality reduction performance program.--To
carry out the fatality reduction performance program
under section 173 of title 23, United States Code,
$100,000,000 for each of fiscal years 2021 through
2025.
(F) Formula carbon reduction incentive program.--To
carry out the formula carbon reduction incentive
program under section 177 of title 23, United States
Code, $600,000,000 for each of fiscal years 2021
through 2025.
(G) Carbon reduction performance program.--To carry
out the carbon reduction performance program under
section 178 of title 23, United States Code,
$100,000,000 for each of fiscal years 2021 through
2025.
(H) PROTECT grants.--To carry out the PROTECT grant
program under section 179 of title 23, United States
Code, for each of fiscal years 2021 through 2025--
(i) $786,000,000 for formula awards to
States under subsection (c) of that section;
and
(ii) $200,000,000 for competitive grants
under subsection (d) of that section, of
which--
(I) $20,000,000 shall be for
planning grants under paragraph (3) of
that subsection;
(II) $140,000,000 shall be for
resilience improvement grants under
paragraph (4)(A) of that subsection;
(III) $20,000,000 shall be for
community resilience and evacuation
route grants under paragraph (4)(B) of
that subsection; and
(IV) $20,000,000 shall be for at-
risk coastal infrastructure grants
under paragraph (4)(C) of that
subsection.
(I) Reduction of truck emissions at port
facilities.--
(i) In general.--To carry out the reduction
of truck emissions at port facilities under
section 1402--
(I) $60,000,000 for fiscal year
2021;
(II) $70,000,000 for fiscal year
2022;
(III) $70,000,000 for fiscal year
2023;
(IV) $80,000,000 for fiscal year
2024; and
(V) $90,000,000 for fiscal year
2025.
(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.
(J) 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),
$50,000,000 for each of fiscal years 2021
through 2025.
(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
2021;
(II) $640,000,000 for fiscal year
2022;
(III) $650,000,000 for fiscal year
2023;
(IV) $675,000,000 for fiscal year
2024; and
(V) $700,000,000 for fiscal year
2025.
(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)(J), 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 2021 through
2025.
(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, $153,431,378 for each of fiscal years 2021
through 2025.
(B) Technology and innovation deployment program.--
To carry out section 503(c) of title 23, United States
Code, $135,000,000 for each of fiscal years 2021
through 2025.
(C) Training and education.--To carry out section
504 of title 23, United States Code--
(i) $25,000,000 for fiscal year 2021;
(ii) $26,000,000 for fiscal year 2022;
(iii) $27,000,000 for fiscal year 2023;
(iv) $27,000,000 for fiscal year 2024; and
(v) $27,000,000 for fiscal year 2025.
(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 2021
through 2025.
(E) University transportation centers program.--To
carry out section 5505 of title 49, United States
Code--
(i) $82,500,000 for fiscal year 2021;
(ii) $84,000,000 for fiscal year 2022;
(iii) $85,500,000 for fiscal year 2023;
(iv) $87,000,000 for fiscal year 2024; and
(v) $88,500,000 for fiscal year 2025.
(F) Bureau of transportation statistics.--To carry
out chapter 63 of title 49, United States Code,
$26,000,000 for each of fiscal years 2021 through 2025.
(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 174 of title 23, United
States Code--
(A) $55,000,000 for fiscal year 2021;
(B) $60,000,000 for fiscal year 2022;
(C) $45,000,000 for fiscal year 2023;
(D) $45,000,000 for fiscal year 2024; and
(E) $45,000,000 for fiscal year 2025.
(2) Prioritization process pilot program.--
(A) In general.--For the prioritization process
pilot program under section 1205, $10,000,000 for each
of fiscal years 2021 through 2025.
(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) Disaster relief mobilization pilot program.--
(A) In general.--For the disaster relief
mobilization pilot program under section 1505,
$1,000,000 for each of fiscal years 2021 through 2025.
(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, except
that those amounts shall remain available until
expended.
(4) Community connectivity pilot program.--
(A) Planning grants.--For planning grants under the
community connectivity pilot program under section
1508(c)--
(i) $20,000,000 for fiscal year 2021;
(ii) $15,000,000 for fiscal year 2022;
(iii) $10,000,000 for fiscal year 2023;
(iv) $2,500,000 for fiscal year 2024; and
(v) $2,500,000 for fiscal year 2025.
(B) Capital construction grants.--For capital
construction grants under the community connectivity
pilot program under section 1508(d), $14,000,000 for
each of fiscal years 2021 through 2025.
(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.
(5) Open challenge and research initiative pilot program.--
(A) In general.--For the open challenge and
research proposal pilot program under section 3005(e),
$15,000,000 for each of fiscal years 2021 through 2025.
(B) Treatment.--Amounts made available under
subparagraph (A) shall be available for obligation and
administered as if apportioned under chapter 1 of title
23, United States Code.
(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 $25,790,000, 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 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) $54,388,462,378 for fiscal year 2021;
(2) $55,483,447,378 for fiscal year 2022;
(3) $56,666,082,378 for fiscal year 2023;
(4) $57,930,317,378 for fiscal year 2024; and
(5) $59,103,552,378 for fiscal year 2025.
(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 2020, 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 2021 through 2025, 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
2021 through 2025, 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 172, 177, 179(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 172,
177, 179(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 172, 177, 179(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 2021 through 2025--
(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 2021 through 2025, 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 172, 177, 179(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, duration, or impact
of a disruptive weather event or natural disaster to 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) of title 23, United
States Code, is amended by striking paragraph (1) and inserting the
following:
``(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to be made available to the Secretary for
administrative expenses of the Federal Highway Administration--
``(A) $490,282,000 for fiscal year 2021;
``(B) $499,768,000 for fiscal year 2022;
``(C) $509,708,000 for fiscal year 2023;
``(D) $520,084,000 for fiscal year 2024; and
``(E) $530,459,000 for fiscal year 2025.''.
(b) National Highway Freight Program.--Section 104(b)(5) of title
23, United States Code, is amended 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) $1,625,000,000 for fiscal year 2021;
``(ii) $1,660,000,000 for fiscal year 2022;
``(iii) $1,700,000,000 for fiscal year
2023;
``(iv) $1,740,000,000 for fiscal year 2024;
and
``(v) $1,775,000,000 for fiscal year
2025.''.
(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 2021 and each fiscal year
thereafter'';
(B) in subparagraph (A)(ii)(I), by striking
``fiscal year 2015'' and inserting ``fiscal year
2020''; 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 2020; and
``(iii) at least 1 percent greater than the
apportionment that the State received for the
previous fiscal year.''; and
(2) in paragraph (2), by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal year 2021 and each fiscal
year thereafter''.
(d) Supplemental Funds.--Section 104(h) of title 23, United States
Code, is amended--
(1) in paragraph (1), by striking subparagraph (A) and
inserting the following:
``(A) Amount.--Before making an apportionment for a
fiscal year under subsection (c), the Secretary shall
reserve for the national highway performance program
under section 119 for that fiscal year an amount equal
to--
``(i) $1,160,000,000 for fiscal year 2021;
``(ii) $1,184,000,000 for fiscal year 2022;
``(iii) $1,208,000,000 for fiscal year
2023;
``(iv) $1,233,000,000 for fiscal year 2024;
and
``(v) $1,259,000,000 for fiscal year
2025.''; and
(2) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) Amount.--Before making an apportionment for a
fiscal year under subsection (c), the Secretary shall
reserve for the surface transportation block grant
program under section 133 for that fiscal year,
pursuant to section 133(h)--
``(i) $1,200,000,000 for fiscal year 2021;
``(ii) $1,224,000,000 for fiscal year 2022;
``(iii) $1,248,000,000 for fiscal year
2023;
``(iv) $1,273,000,000 for fiscal year 2024;
and
``(v) $1,299,000,000 for fiscal year
2025.''.
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 measures to increase the
resiliency of Federal-aid highways and bridges on and off the
National Highway System to mitigate the impacts of sea level
rise, extreme weather events, flooding, or other natural
disasters.''; and
(2) 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 off 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) may include--
``(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) installing riprap;
``(F) lengthening or raising bridges to increase
waterway openings;
``(G) deepening channels to prevent flooding;
``(H) increasing the size or number of drainage
structures;
``(I) replacing culverts with bridges or upsizing
culverts;
``(J) repairing or maintaining tide gates;
``(K) installing seismic retrofits on bridges;
``(L) adding scour protection at bridges;
``(M) adding scour, stream stability, coastal, or
other hydraulic countermeasures, including spur dikes;
``(N) 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; and
``(O) any other features that mitigate the risk of
recurring damage or the cost of future repair as a
result of extreme weather events, flooding, or other
natural disasters, as determined by the Secretary.
``(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, sea
level rise,'' 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 Federal, State,
Tribal, 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 designed to mitigate
the risk of recurring damage from extreme
weather events, flooding, or other natural
disasters.'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; 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 is designed to mitigate
the risk of recurring damage, or the cost of future
repair, from extreme weather events, flooding, or other
natural disasters.
``(B) Protective features described.--A protective
feature referred to in subparagraph (A) may include--
``(i) raising roadway grades;
``(ii) relocating roadways in a base
floodplain to higher ground above projected
flood elevation levels or away from slide prone
areas;
``(iii) stabilizing slide areas;
``(iv) stabilizing slopes;
``(v) installing riprap;
``(vi) lengthening or raising bridges to
increase waterway openings;
``(vii) deepening channels to prevent
flooding;
``(viii) increasing the size or number of
drainage structures;
``(ix) replacing culverts with bridges or
upsizing culverts;
``(x) repairing or maintaining tide gates;
``(xi) installing seismic retrofits on
bridges;
``(xii) adding scour protection at bridges;
``(xiii) adding scour, stream stability,
coastal, and other hydraulic countermeasures,
including spur dikes;
``(xiv) 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;
and
``(xv) any other features that mitigate the
risk of recurring damage or the cost of future
repair as a result of extreme weather events,
flooding, or other natural disasters, as
determined by the Secretary.''.
SEC. 1107. FEDERAL SHARE PAYABLE.
Section 120(c) of title 23, United States Code, is amended by
adding at the end the following:
``(4) Protective features.--
``(A) In general.--Notwithstanding any other
provision of law, the Federal share payable for the
cost of a protective feature on a Federal-aid highway
or bridge project under this title may be up to 100
percent, at the discretion of the State, if the
protective feature is an improvement designed to
mitigate the risk of recurring damage, or the cost of
future repair, from extreme weather events, flooding,
or other natural disasters.
``(B) Protective features described.--A protective
feature referred to in subparagraph (A) may include--
``(i) raising roadway grades;
``(ii) relocating roadways in a base
floodplain to higher ground above projected
flood elevation levels or away from slide prone
areas;
``(iii) stabilizing slide areas;
``(iv) stabilizing slopes;
``(v) installing riprap;
``(vi) lengthening or raising bridges to
increase waterway openings;
``(vii) deepening channels to prevent
flooding;
``(viii) increasing the size or number of
drainage structures;
``(ix) replacing culverts with bridges or
upsizing culverts;
``(x) repairing or maintaining tide gates;
``(xi) installing seismic retrofits on
bridges;
``(xii) adding scour protection at bridges;
``(xiii) adding scour, stream stability,
coastal, and other hydraulic countermeasures,
including spur dikes;
``(xiv) 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;
and
``(xv) any other features that mitigate the
risk of recurring damage or the cost of future
repair as a result of extreme weather events,
flooding, or other natural disasters, as
determined by the Secretary.''.
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 ``crossings''
in the matter preceding clause (i) and all that follows
through ``2020.'' in clause (v) and inserting the
following: ``crossings and as described in subparagraph
(B), not less than $245,000,000 for each of fiscal
years 2021 through 2025.''; 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) 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.
(d) 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), (15), (16), and (17), respectively;
(D) by inserting after paragraph (3) the following:
``(4) Projects that use natural infrastructure alone or in
combination with other eligible projects to enhance resilience
of a transportation facility otherwise eligible for assistance
under this section.'';
(E) 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.''; and
(F) by adding at the end the following:
``(18) Rural barge landing, dock, and waterfront
infrastructure projects in accordance with subsection (j).'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``paragraphs (4)
through (11)'' and inserting ``paragraphs (5) through
(12) and paragraph (18)'';
(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)(A), 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 2021 through 2025'';
and
(B) 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 2021 through 2025'';
(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), 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
(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)(1), by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2021 through
2025'';
(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))--
``(A) that is off the road system; and
``(B) for which the Secretary determines there is a
lack of adequate infrastructure.''.
(b) Set-aside.--Section 133(h) of title 23, United States Code, is
amended--
(1) in paragraph (1)(A), by striking clauses (i) and (ii)
and inserting the following:
``(i) $1,200,000,000 for fiscal year 2021;
``(ii) $1,224,000,000 for fiscal year 2022;
``(iii) $1,248,000,000 for fiscal year
2023;
``(iv) $1,273,000,000 for fiscal year 2024;
and
``(v) $1,299,000,000 for fiscal year 2025;
and'';
(2) by striking paragraph (2) and inserting the following:
``(2) Allocation within a state.--
``(A) In general.--Except as provided in
subparagraph (B), funds reserved 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 each fiscal year, the percentage
specified in subsection (d)(1)(A) shall be
deemed to be 57.5 percent; and
``(ii) paragraph (3) of that subsection
shall not apply.
``(B) Local control.--
``(i) In general.--On approval of a plan
submitted to the Secretary that describes the
manner in which the plan will maximize local
control and the means by which the State plans
to comply with paragraph (8), the State may
allocate up to 100 percent of the funds
referred to in subparagraph (A)(i) to counties
and other local transportation entities.
``(ii) Requirement.--A State that allocates
funding under clause (i) to counties and other
local transportation entities shall make
available an equivalent amount of obligation
limitation to those counties and other local
transportation entities.'';
(3) in paragraph (4)(B)--
(A) in clause (vii), by striking ``responsible''
and all that follows through ``programs'';
(B) in clause (viii), by inserting ``that serves an
urbanized population of over 200,000'' after
``metropolitan planning organization'';
(C) by redesignating clauses (vii) and (viii) as
clauses (viii) and (ix), respectively; and
(D) by inserting after clause (vi) the following:
``(vii) a metropolitan planning
organization that serves an urbanized
population of 200,000 or fewer;'';
(4) in paragraph (6), by adding at the end the following:
``(C) Improving accessibility and efficiency.--
``(i) In general.--A State may elect to use
an amount equal to not more than 7 percent of
the funds reserved 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--
``(I) providing 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) providing 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.'';
(5) by redesignating paragraph (7) as paragraph (8); and
(6) by inserting after paragraph (6) the following:
``(7) Federal share.--
``(A) Required aggregate non-federal share.--
``(i) In general.--The average annual non-
Federal share of the total cost of all projects
carried out under this subsection in a State
for a fiscal year shall be not less than the
non-Federal share authorized for the State
under section 120(b).
``(ii) Single projects.--Subject to clause
(i), the Federal share of the total cost of a
single project carried out under this
subsection may be up to 100 percent.
``(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 type
under this subsection that the Secretary
determines to have an expected safety benefit;
and
``(ii) the non-Federal share for a project
under this subsection may be calculated on a
project, multiple-project, or program basis.''.
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 (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'';
(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 2021 through 2025''; and
(C) by adding at the end the following:
``(3) Critical rural state interstate projects.--
``(A) Requirement.--Not less than $500,000,000 of
the amounts made available for grants under this
section for fiscal years 2021 through 2025, in the
aggregate, shall be used to make grants for Interstate
interchange projects between 2 routes on the Interstate
System that--
``(i) are located in a State--
``(I) with a population density of
not more than 80 persons per square
mile of land area, based on the 2010
census; and
``(II) that has 3 or fewer
Interstate interchanges between 2
routes on the Interstate System; and
``(ii) are projects that--
``(I) address a freight system need
identified in a State freight plan
under section 70202 of title 49
(referred to in this paragraph as a
`State freight plan');
``(II) address a freight mobility
issue identified in a State freight
plan; or
``(III) are identified in a State
freight plan.
``(B) Inclusion in state freight plan.--A project
described in subparagraph (A)(ii)(III) may include a
project listed in the freight investment plan required
under section 70202(b)(9) of title 49.
``(C) Unutilized amounts.--If, in fiscal year 2025,
the Secretary determines that grants under this
paragraph will not allow for the amount reserved under
subparagraph (A) to be fully utilized, the Secretary
shall use the unutilized amounts to make other grants
under this section during that fiscal year.
``(4) Critical urban state projects.--
``(A) Requirement.--Not less than $500,000,000 of
the amounts made available for grants under this
section for fiscal years 2021 through 2025, in the
aggregate, shall be used to make grants to eligible
projects that are located in a State with a population
density of not less than 400 persons per square mile of
land area, based on the 2010 census.
``(B) Inclusion in state freight plan.--A project
described in subparagraph (A) may include a project
listed in the freight investment plan required under
section 70202(b)(9) of title 49.
``(C) Unutilized amounts.--If, in fiscal year 2025,
the Secretary determines that grants under this
paragraph will not allow for the amount reserved under
subparagraph (A) to be fully utilized, the Secretary
shall use the unutilized amounts to make other grants
under this section during that fiscal year.'';
(4) 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)).'';
(5) 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 ``; and''; 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.'';
(6) in subsection (i)(2), by striking ``other grants under
this section'' and inserting ``grants under subsection (e)'';
(7) 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'';
(8) by redesignating subsections (k) through (n) as
subsections (l), (m), (n), and (p), respectively;
(9) 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 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).'';
(10) 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
(11) 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 January 1, 2019.
``(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 America's Transportation
Infrastructure Act of 2019 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 America's Transportation
Infrastructure Act of 2019 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.''.
(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.
Section 148 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)--
(i) in clause (xxviii), by striking
``through (xxvii)'' and inserting ``through
(xxviii)'';
(ii) by redesignating clause (xxviii) as
clause (xxix); and
(iii) by inserting after clause (xxvii) the
following:
``(xxviii) Leading pedestrian intervals.'';
(B) by redesignating paragraphs (10) through (12)
as paragraphs (11) through (13), respectively; and
(C) by inserting after paragraph (9) the following:
``(10) Safety project under any other section.--
``(A) In general.--The term `safety project under
any other section' means a project carried out for the
purpose of safety under any other section of this
title.
``(B) Inclusion.--The term `safety project under
any other section' includes a project, consistent with
the State strategic highway safety plan, that--
``(i) promotes public awareness and informs
the public regarding highway safety matters
(including motorcycle safety);
``(ii) facilitates enforcement of traffic
safety laws;
``(iii) provides infrastructure and
infrastructure-related equipment to support
emergency services; or
``(iv) conducts safety-related research to
evaluate experimental safety countermeasures or
equipment.'';
(2) in subsection (c)(1)(A), by striking ``subsections
(a)(11)'' and inserting ``subsections (a)(12)'';
(3) in subsection (d)(2)(B)(i), by striking ``subsection
(a)(11)'' and inserting ``subsection (a)(12)''; and
(4) in subsection (e), by adding at the end the following:
``(3) Flexible funding for safety projects under any other
section.--
``(A) In general.--To advance the implementation of
a State strategic highway safety plan, a State may use
not more than 25 percent of the amounts apportioned to
the State under section 104(b)(3) for a fiscal year to
carry out safety projects under any other section.
``(B) Other transportation and highway safety
plans.--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.''.
SEC. 1112. FEDERAL LANDS TRANSPORTATION PROGRAM.
Section 203(a) of title 23, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by adding ``and'' at the
end;
(B) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(C) in subparagraph (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--
``(A) the use of locally adapted native plant
materials; and
``(B) designs that minimize runoff and heat
generation.''.
SEC. 1113. 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--
``(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 (8)(B), by striking ``or'' at the
end;
(C) in paragraph (9), by striking the period at the
end and inserting a semicolon; and
(D) 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).''; and
(3) 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. NATIONAL SCENIC BYWAYS PROGRAM.
(a) Request for Nominations.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall issue a request for
nominations with respect to roads to be designated under the national
scenic byways program, as described in section 162(a) of title 23,
United States Code. The Secretary shall make the request for
nominations available on the appropriate website of the Department.
(b) Designation Determinations.--Not later than 1 year after the
date on which the request for nominations required under subsection (a)
is issued, the Secretary shall make publicly available on the
appropriate website of the Department a list specifying the roads,
nominated pursuant to such request, to be designated under the national
scenic byways program.
SEC. 1117. 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 America's Transportation
Infrastructure Act of 2019) 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. 1118. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
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,''.
SEC. 1119. 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
2021 through 2025, 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);
``(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.--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).
``(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)
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).
``(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, 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 America's Transportation
Infrastructure Act of 2019, 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 2021 through
2025, not less than 50 percent, in aggregate, shall be used for
large projects.
``(2) Unutilized amounts.--If, in fiscal year 2025, 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 2021;
``(B) $18,000,000 for fiscal year 2022;
``(C) $20,000,000 for fiscal year 2023;
``(D) $22,000,000 for fiscal year 2024; and
``(E) $24,000,000 for fiscal year 2025.
``(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. 1120. SAFE ROUTES TO SCHOOL PROGRAM.
Section 1404 of SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-59)
is amended--
(1) in subsection (a), by striking ``primary and middle''
and inserting ``primary, middle, and high''; and
(2) in subsection (k)(2)--
(A) in the heading, by striking ``Primary and
middle'' and inserting ``Primary, middle, and high'';
(B) by striking ``primary and middle'' and
inserting ``primary, middle, and high''; and
(C) by striking ``eighth grade'' and inserting
``12th grade''.
SEC. 1121. 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 2021 through 2025''.
SEC. 1122. 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 is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section--
``(1) $86,000,000 for fiscal year 2021;
``(2) $87,000,000 for fiscal year 2022;
``(3) $88,000,000 for fiscal year 2023;
``(4) $89,000,000 for fiscal year 2024; and
``(5) $90,000,000 for fiscal year 2025.''.
SEC. 1123. BALANCE EXCHANGES FOR INFRASTRUCTURE PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Balance exchanges for infrastructure program
``(a) Definitions.--In this section:
``(1) Administratively allocated.--The term
`administratively allocated' means the allocation by the
Secretary of budget authority for a project under the TIFIA
program that occurs when--
``(A) a potential applicant has been invited into
the creditworthiness phase for a project under the
TIFIA program; or
``(B) the project is subject to a master credit
agreement (as defined in section 601(a)), in accordance
with section 602(b)(2).
``(2) Appalachian state.--The term `Appalachian State'
means a State that contains 1 or more counties in the
Appalachian region (as defined in section 14102(a) of title
40).
``(3) Program.--The term `program' means the Balance
Exchanges for Infrastructure Program established under
subsection (b).
``(4) TIFIA carryover balance.--
``(A) In general.--The term `TIFIA carryover
balance' means the amounts made available for the TIFIA
program for previous fiscal years that are unobligated
and have not been administratively allocated.
``(B) Inclusion.--The term `TIFIA carryover
balance' includes--
``(i) the applicable amount of contract
authority for the amounts described in
subparagraph (A); and
``(ii) the equivalent amount of obligation
limitation for the fiscal year in which the
Secretary makes a transfer under subsection
(f)(2).
``(5) TIFIA program.--The term `TIFIA program' has the
meaning given the term in section 601(a).
``(b) Establishment.--The Secretary shall establish a program, to
be known as the `Balance Exchanges for Infrastructure Program', in
accordance with this section to provide flexibility for the Secretary
and States to improve highway infrastructure.
``(c) Offer to Fund Projects or Exchange Funds.--
``(1) Solicitation.--For each fiscal year for which an
amount is reserved under subsection (f)(1), the Secretary
shall--
``(A) not later than December 1 of that fiscal
year--
``(i) solicit requests from Appalachian
States to return amounts under subsection
(d)(1)(A); and
``(ii) solicit applications from
Appalachian States for grants under subsection
(e); and
``(B) require that, not later than 60 days after
the date of the solicitations under subparagraph (A),
each Appalachian State that elects to participate in
the program shall submit to the Secretary either--
``(i) a request that describes the amount
that the Appalachian State requests to return
under subsection (d)(1)(A); or
``(ii) an application for a grant under
subsection (e).
``(d) Exchange Agreements.--
``(1) In general.--The Secretary shall enter into an
agreement with each Appalachian State that submits a request
under subsection (c)(1)(A)(i) under which--
``(A) the Appalachian State shall return to the
Secretary all, or at the discretion of the Appalachian
State, a portion of, the unobligated amounts from the
Highway Trust Fund (including the applicable amount of
contract authority and an equal amount of special no-
year obligation limitation associated with that
contract authority) apportioned to the Appalachian
State for the Appalachian development highway system
under section 14501 of title 40 (but not including any
amounts made available by an appropriations Act without
an initial authorization); and
``(B) the Secretary shall transfer to the
Appalachian State, from amounts transferred to the
program under subsection (f)(2) for that fiscal year,
an amount (including the applicable amount of contract
authority and an equal amount of annual obligation
limitation) equal to the amount that the Appalachian
State returned under subparagraph (A) that shall be
used to carry out projects described in paragraph (3).
``(2) State limitation.--The amount of contract authority
returned by an Appalachian State under paragraph (1)(A) may not
exceed the amount of the special no-year obligation limitation
available to the Appalachian State prior to the return of the
special no-year obligation limitation under that paragraph.
``(3) Eligible projects.--
``(A) In general.--A project eligible to be carried
out using funds transferred to an Appalachian State
under paragraph (1)(B) is a project described in
section 133(b).
``(B) Federal share.--The Federal share of the cost
of a project carried out using funds transferred to an
Appalachian State under paragraph (1)(B) shall be up to
100 percent, at the discretion of the Appalachian
State.
``(C) Application of section 133.--Except as
otherwise provided in this paragraph, section 133 shall
not apply to a project carried out using funds
transferred to an Appalachian State under paragraph
(1)(B).
``(4) Total limitation.--For each fiscal year, the total
amount exchanged under paragraph (1) shall not exceed the
amount available to be transferred to the program under
subsection (f).
``(5) Amounts exchanged.--For each fiscal year, if the
total amount requested by all Appalachian States to return
under paragraph (1)(A) is greater than the amount available to
be transferred to the program under subsection (f), the
Secretary shall exchange amounts under paragraph (1) based on
the proportion that--
``(A) the amount requested to be returned for the
fiscal year by the Appalachian State; bears to
``(B) the amount requested to be returned for the
fiscal year by all Appalachian States.
``(e) Appalachian Development Highway System Corridor Grants.--
``(1) In general.--Using amounts returned to the Secretary
under subsection (d)(1)(A), the Secretary shall provide grants
of contract authority, to remain available until expended, and
subject to special no-year obligation limitation, on a
competitive basis to Appalachian States for eligible projects
described in paragraph (2).
``(2) Eligible project.--A project eligible to be carried
out with a grant under this subsection is a project that is--
``(A) eligible under section 14501 of title 40 as
of the date of enactment of this section; and
``(B) reasonably expected to begin construction by
not later than 2 years after the date of obligation of
funds provided under this subsection for the project.
``(3) Application.--To be eligible to receive a grant under
this subsection, an Appalachian State shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(4) Federal share.--The Federal share of the cost of a
project carried out using a grant provided under this
subsection shall be up to 100 percent, at the discretion of the
Appalachian State.
``(5) Limitation.--An Appalachian State that enters into an
agreement to exchange funds under subsection (d) for any fiscal
year shall not be eligible to receive a grant under this
subsection.
``(f) Transfer From TIFIA Program.--
``(1) In general.--On October 1 of each fiscal year, the
Secretary shall reserve, for the purpose of funding transfers
under paragraph (2) until the transfers are completed, the
amount of TIFIA carryover balance that exceeds the amount
authorized to carry out the TIFIA program for that fiscal year.
``(2) Transfers.--For each fiscal year, not later than 60
days after the date on which the Secretary receives the
responses to the solicitations under subsection (c)(1) or the
date on which the full appropriation for that fiscal year is
available, whichever is later, the Secretary shall transfer
from the TIFIA program to the program an amount of contract
authority and an equal amount of obligation limitation, to
remain available until expended, that is equal to the lesser
of--
``(A) the total amount requested by all Appalachian
States for the fiscal year under subsection
(c)(1)(B)(i);
``(B) the total amount requested by all Appalachian
States for grants under subsection (c)(1)(B)(ii); and
``(C) the amount reserved under paragraph (1).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 170 the following:
``171. Balance exchanges for infrastructure program.''.
SEC. 1124. SAFETY INCENTIVE PROGRAMS.
(a) In General.--
(1) Formula safety incentive program.--Chapter 1 of title
23, United States Code (as amended by section 1123(a)), is
amended by adding at the end the following:
``Sec. 172. Formula safety incentive 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 management area.--The term
`transportation management area' means a transportation
management area identified or designated by the Secretary under
section 134(k)(1).
``(3) Vulnerable road user.--The term `vulnerable road
user' means a nonmotorist (as that term is used in the Fatality
Analysis Reporting System of the National Highway Traffic
Safety Administration).
``(4) Vulnerable road user safety focus area.--The term
`vulnerable road user safety focus area' means--
``(A) an urbanized area with combined fatality rate
of vulnerable road users that is greater than 1.5 per
100,000 individuals; or
``(B) a State in which fatalities of vulnerable
road users combined represents not less than 15 percent
of the total annual crash fatalities in the State.
``(b) Formula Funding Awards.--
``(1) In general.--For each fiscal year, the Secretary
shall distribute among the States the amounts made available to
carry out this section for that fiscal year in accordance with
paragraph (2).
``(2) Distribution.--The amount for each State shall be
determined by multiplying the total amount of funding made
available to carry out this section for the applicable fiscal
year by the ratio that--
``(A) the total base apportionment for the State
under section 104(c); bears to
``(B) the total base apportionments for all States
under section 104(c).
``(c) Safety Supplemental.--
``(1) In general.--A State shall use 50 percent of the
amount distributed to the State under subsection (b) for each
fiscal year to carry out the eligible activities under
paragraph (2).
``(2) Eligible activities.--
``(A) States.--Subject to paragraph (4)(A), a State
shall use the funds under paragraph (1) for a highway
safety improvement project or strategy included on the
State strategic highway safety plan (as defined in
section 148(a)) of the State.
``(B) MPOs.--Subject to paragraph (4)(B), a
metropolitan planning organization that is required to
obligate funds under subsection (e) shall use the funds
under paragraph (1) for a highway safety improvement
project (as defined in section 148(a)).
``(3) Federal share.--The Federal share of the cost of a
project carried out with funds under paragraph (1) shall be
determined in accordance with section 120.
``(4) Limitation on flexibility.--
``(A) States.--Notwithstanding paragraph (2)(A), a
State that is a vulnerable road user safety focus area
shall use the funds under paragraph (1) for a highway
safety improvement project (as defined in section
148(a)) to improve the safety of vulnerable road users,
regardless of whether the project is included on the
State strategic highway safety plan (as defined in
section 148(a)) of the State.
``(B) MPOs.--Notwithstanding paragraph (2)(B), a
metropolitan planning organization that is required to
obligate funds under subsection (e) that contains an
area designated as a vulnerable road user safety focus
area shall use the funds under paragraph (1) for a
highway safety improvement project (as defined in
section 148(a)) to improve the safety of vulnerable
road users.
``(d) Safety Planning Incentive.--
``(1) Vulnerable road user safety assessments.--
``(A) In general.--A State may, in consultation
with metropolitan planning organizations within the
State, develop and publish a State vulnerable road user
safety assessment described in subparagraph (B).
``(B) State vulnerable road user safety assessment
described.--A vulnerable road user safety assessment
referred to in subparagraph (A) is an assessment of the
safety performance of the State with respect to
vulnerable road users and the plan of the State,
developed in consultation with the metropolitan
planning organizations within the State, if any, to
improve the safety of vulnerable road users, which
shall--
``(i) include the approximate location
within the State of each vulnerable road user
fatality during the most recently reported 2-
year period of final data from the Fatality
Analysis Reporting System of the National
Highway Traffic Safety Administration and the
operating speed of the roadway at that
location;
``(ii) include the corridors within the
State on which a vulnerable road user fatality
has occurred during the most recently reported
2-year period of final data from the Fatality
Analysis Reporting System of the National
Highway Traffic Safety Administration and the
operating speeds of those corridors;
``(iii) include a list of projects within
the State that primarily address the safety of
vulnerable road users that--
``(I) have been completed during
the 2 most recent fiscal years prior to
date of the publication of the
vulnerable road user safety assessment,
including the amount of funding that
has been dedicated to those projects,
described in total amounts and as a
percentage of total capital
expenditures;
``(II) are planned to be completed
during the 2 fiscal years following the
date of the publication of the
vulnerable road user assessment,
including the amount of funding that
the State plans to be dedicated to
those projects, described in total
amounts and as a percentage of total
capital expenditures; and
``(III) have the potential to be
included on the list described in
subclause (II) once the permitting and
approval processes for those projects
are complete, including the reason for
the delay in the completion of those
processes, if any; and
``(iv) be reviewed and certified by the
Secretary to have met the requirements of this
subparagraph.
``(2) Acceleration of safety project delivery.--For each
project identified by a State under paragraph (1)(B)(iii)(III),
to the maximum extent practicable, the Secretary, in
consultation with the State, shall use the authority under
section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law
114-94) to accelerate delivery of the project.
``(3) Safety plan incentive.--A State shall use 50 percent
of the amounts made available to the State under subsection (b)
for each fiscal year to carry out eligible activities under
paragraph (4).
``(4) Eligible activities.--
``(A) In general.--A State and any metropolitan
planning organization in the State that is required to
obligate funds under subsection (e) may use funds under
paragraph (3) for a project or strategy described in
subsection (c)(2).
``(B) Additional eligibility incentive.--In
addition to the eligible activities under subparagraph
(A), a State and any metropolitan planning organization
in the State that is required to obligate funds under
subsection (e) may use the funds under paragraph (3)
for a project eligible under section 133(b) if--
``(i) the State has, within the fiscal year
prior to the fiscal year in which the Secretary
is making the grant or by a deadline
established by the Secretary in the fiscal year
in which the Secretary is making the grant,
conducted and published a vulnerable road user
safety assessment described in paragraph (1)(B)
that has been approved by the Secretary under
clause (iv) of that paragraph; or
``(ii) for a State that has previously
published a vulnerable road user safety
assessment described in paragraph (1)(B) that
has been approved by the Secretary under clause
(iv) of that paragraph--
``(I) the State has, within the
fiscal year prior to the fiscal year in
which the Secretary is making the grant
or by a deadline established by the
Secretary in the fiscal year in which
the Secretary is making the grant,
updated the estimates described in
clauses (i) and (ii) of paragraph
(1)(B); and
``(II) the State and the
metropolitan planning organization
have, within the 4 fiscal years prior
to the fiscal year in which the
Secretary is making the grant or by a
deadline established by the Secretary
in the fiscal year in which the
Secretary is making the grant,
incorporated a vulnerable road user
safety assessment described in
paragraph (1)(B) into--
``(aa) a long-range
transportation plan developed
by the metropolitan planning
organization under section
134(c), if any; and
``(bb) the long-range
statewide transportation plan
developed by the State under
section 135(f)(1).
``(5) Federal share.--The Federal share of the cost of a
project carried out using funds under paragraph (3)--
``(A) in the case of a State or metropolitan
planning organization within a State that meets the
requirements under paragraph (4)(B), may be up to 100
percent, at the discretion of the State; and
``(B) in the case of a State or metropolitan
planning organization within a State that is not
described in subparagraph (A), shall be determined in
accordance with section 120.
``(e) Suballocation Requirements.--
``(1) In general.--For each fiscal year, of the funds made
available to a State under subsections (c) and (d)--
``(A) 65 percent of each amount 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 over 200,000;
and
``(ii) in other areas of the State; and
``(B) the remainder may be obligated in any area of
the State.
``(2) Metropolitan areas.--Funds attributed to an urbanized
area under paragraph (1)(A)(i) may be obligated in the
metropolitan area established under section 134 that
encompasses the urbanized area.
``(3) Distribution among urbanized areas of over 200,000
population.--
``(A) In general.--Except as provided in
subparagraph (B), the amount that a State is required
to obligate under paragraph (1)(A)(i) shall be
obligated in urbanized areas described in paragraph
(1)(A)(i) based on the relative population of the
areas.
``(B) Other factors.--The State may 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) Consultation in urbanized areas.--Before obligating
funds for an activity under subsections (c) or (d) in an
urbanized area that is not a transportation management area, a
State shall consult with any metropolitan planning organization
that represents the urbanized area prior to determining which
activities should be carried out.
``(5) Consultation in rural areas.--Before obligating funds
for an eligible activity under subsections (c) and (d) in a
rural area, a State shall consult with any regional
transportation planning organization or metropolitan planning
organization that represents a rural area of the State prior to
determining which activities should be carried out.
``Sec. 173. Fatality reduction performance 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) Qualifying state.--The term `qualifying State' means
a State in which--
``(A) the average fatality and serious injury rates
per 100,000,000 vehicle-miles-traveled within the State
during the 3-year period beginning on January 1 of the
fiscal year that was 3 years prior to the fiscal year
in which the Secretary is making the grant under this
section has grown more slowly or declined, as compared
to the average fatality and serious injury rates per
100,000,000 vehicle-miles-traveled within the State
during the 3-year period beginning on January 1 of the
fiscal year that was 6 years prior to the fiscal year
in which the Secretary is making the grant under this
section;
``(B) the average annual number of serious injuries
and fatalities within the State, as measured on a per
capita basis, during the 3-year period beginning on
January 1 of the fiscal year that was 3 years prior to
the fiscal year in which the Secretary is making the
grant under this section has grown more slowly or
declined, as compared to the average annual number of
serious injuries and fatalities within the State, as
measured on a per capita basis, during the 3-year
period beginning on January 1 of the fiscal year that
was 6 years prior to the fiscal year in which the
Secretary is making the grant under this section;
``(C) the average annual number of fatalities
within the State, as measured on a per capita basis,
during the 3-year period beginning on January 1 of the
fiscal year that was 3 years prior to the fiscal year
in which the Secretary is making the grant under this
section is less than \1/2\ of the nationwide average
annual per capita number of fatalities during that
period; or
``(D)(i) the performance targets set by the State
under subsection (d)(1) of section 150, in accordance
with subsection (c)(4) of that section, in the most
recently completed performance cycle prior to the year
in which the Secretary is making the funds available
under this section demonstrate a reduction in the
number and rate of serious injuries and fatalities; and
``(ii) the State has met or exceeded the
performance targets described in clause (i).
``(3) Qualifying unit of local government.--The term
`qualifying unit of local government' means a unit of local
government in an urbanized area served by a metropolitan
planning organization in which--
``(A) the average fatality and serious injury rates
per 100,000,000 vehicle-miles-traveled within the
urbanized area during the 3-year period beginning on
January 1 of the fiscal year that was 3 years prior to
the fiscal year in which the Secretary is making the
grant under this section has grown more slowly or
declined, as compared to the average fatality and
serious injury rates per 100,000,000 vehicle-miles-
traveled within the urbanized area during the 3-year
period beginning on January 1 of the fiscal year that
was 6 years prior to the fiscal year in which the
Secretary is making the grant under this section;
``(B) the average annual number of serious injuries
and fatalities within the urbanized area, as measured
on a per capita basis, during the 3-year period
beginning on January 1 of the fiscal year that was 3
years prior to the fiscal year in which the Secretary
is making the grant under this section has grown more
slowly or declined, as compared to the average annual
per capita number of serious injuries and fatalities
within the urbanized area during the 3-year period
beginning on January 1 of the fiscal year that was 6
years prior to the fiscal year in which the Secretary
is making the grant under this section;
``(C) the average annual number of fatalities
within the urbanized area, as measured on a per capita
basis, during the 3-year period beginning on January 1
of the fiscal year that was 3 years prior to the fiscal
year in which the Secretary is making the grant under
this section is less than \1/2\ of the nationwide
average annual per capita number of fatalities during
that period; or
``(D)(i) the performance targets set for the
urbanized area under section 150(c)(4), in accordance
with section 134(h)(2)(B)(i), in the most recently
completed performance cycle prior to the year in which
the Secretary is making the grant under this section
demonstrate a reduction in the number and rate of
serious injuries and fatalities; and
``(ii) the urbanized area has met or exceeded the
performance targets described in clause (i).
``(4) Serious injuries and fatalities.--The term `serious
injuries and fatalities' means serious injuries and fatalities,
as measured in accordance with the measures established under
section 150(c)(4).
``(b) Fatality Reduction Performance and Planning Recognition
Awards.--
``(1) In general.--The Secretary shall establish a
competitive grant program to award grants to eligible entities
in recognition of the achievement of the eligible entity in
meeting the performance categories described in paragraph
(3)(A).
``(2) Eligible entities.--The Secretary shall distribute
amounts under paragraph (1) to any of the following:
``(A) A qualifying State.
``(B) A qualifying unit of local government.
``(3) Performance categories.--
``(A) In general.--The Secretary shall select
eligible entities to receive a grant under paragraph
(1) to recognize the achievement of the eligible entity
in meeting any of the following performance categories:
``(i) Significant progress in reducing
serious injuries and fatalities, as measured on
a per capita basis.
``(ii) Significant progress in reducing the
rates of serious injuries and fatalities per
vehicle-mile traveled.
``(iii) Having a per capita number of
serious injuries and fatalities that is among
the lowest of jurisdictions with comparable
population and surface transportation system
characteristics.
``(iv) Having a per vehicle-mile traveled
number of serious injuries and fatalities that
is among the lowest of jurisdictions with
comparable population and surface
transportation system characteristics.
``(v) Innovative safety planning efforts
and implementation of plans leading to
achievement with respect to the reduction of
serious injuries and fatalities.
``(B) Merit based distribution.--In selecting among
eligible entities to receive grants under paragraph (1)
and the amounts of each of those grants, the Secretary
shall give priority to eligible entities that have
achieved the most significant levels of reduction in
serious injuries and fatalities, as measured either on
a per capita basis or per-vehicle mile traveled basis.
``(C) Multiple awards.--The Secretary may--
``(i) award a grant under paragraph (1) to
multiple eligible entities for each performance
category described in subparagraph (A); and
``(ii) recognize achievements in each
performance category described in subparagraph
(A)--
``(I) in urban and rural areas; and
``(II) on the State and local
level.
``(D) Repeat awards.--The Secretary may not award a
grant under this subsection to the same eligible entity
more than once during a 2-year period.
``(4) Award amount.--A grant under paragraph (1) shall be
in an amount--
``(A) not less than $5,000,000; and
``(B) not more than $30,000,000.
``(5) Eligible uses.--An eligible entity may use a grant
under paragraph (1) for--
``(A) an activity eligible under this title; or
``(B) a project--
``(i) to maintain the condition of a
Federal-aid highway, including routine
maintenance; or
``(ii) that--
``(I) responds to a specific
condition or event; and
``(II) restores a Federal-aid
highway to a functional state of
operations.
``(6) Applications.--To be eligible to receive a grant
under paragraph (1), 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.
``(7) Federal share.--The Federal share of the cost of a
project carried out using a grant under paragraph (1) shall be,
as determined at the discretion of the grant recipient, up to
100 percent.''.
(2) Clerical amendment.--The analysis for chapter 1 of
title 23, United States Code (as amended by section 1123(b)),
is amended by inserting after the item relating to section 171
the following:
``172. Formula safety incentive program.
``173. Fatality reduction performance program.''.
(b) Vulnerable Road User Research Plan.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator''
means the Secretary of Transportation, acting through
the Administrator of the Federal Highway
Administration.
(B) Vulnerable road user.--The term ``vulnerable
road user'' has the meaning given the term in section
172(a) of title 23, United States Code.
(2) 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--
(A) roadway safety improvements, including traffic
calming techniques and vulnerable road user
accommodations appropriate in a suburban arterial
context;
(B) the impacts of traffic speeds, and access to
low-traffic stress corridors, on safety and rates of
bicycling and walking;
(C) tools to evaluate the impact of transportation
improvements on projected rates and safety of bicycling
and walking; and
(D) other research areas to be determined by the
Administrator.
(3) Vulnerable road user assessments.--The Administrator
shall--
(A) review each vulnerable road user safety
assessment submitted by a State under section 172(c) 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
(B) in the first progress update under paragraph
(4)(B), provide--
(i) the results of the determination
described in subparagraph (A); and
(ii) the recommendations of the Secretary
with respect to the collection and reporting of
data on the safety of vulnerable road users.
(4) Submission; publication.--
(A) 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
paragraph (2).
(B) 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 subparagraph (A)--
(i) updates on the progress and findings of
the research conducted pursuant to the plan
described in paragraph (2); and
(ii) in the first submission under this
subparagraph, the results and recommendations
described in paragraph (3)(B).
SEC. 1125. 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
(as amended by section 1124(a)(1)), is amended by adding at the
end the following:
``Sec. 174. 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 (as amended by section 1124(a)(2))
is amended by inserting after the item relating to section 173
the following:
``174. 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. 175. 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 America's Transportation
Infrastructure Act of 2019, 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;
``(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 America's Transportation Infrastructure Act of
2019, 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 America's
Transportation Infrastructure Act of 2019; 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 America's Transportation
Infrastructure Act of 2019, 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 174
the following:
``175. 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 America's Transportation
Infrastructure Act of 2019 shall include techniques to assess
passage of aquatic and terrestrial species and habitat
restoration potential.''.
SEC. 1126. 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 2021 through 2025''.
SEC. 1127. 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; and'';
(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. 1128. 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) $161,500,000 shall be for fiscal year 2021;
``(B) $165,000,000 shall be for fiscal year 2022;
``(C) $168,000,000 shall be for fiscal year 2023;
``(D) $171,000,000 shall be for fiscal year 2024;
and
``(E) $175,500,000 shall be for fiscal year 2025;
and
``(2) for the territorial highway program under subsection
(c)--
``(A) $43,000,000 shall be for fiscal year 2021;
``(B) $43,000,000 shall be for fiscal year 2022;
``(C) $44,000,000 shall be for fiscal year 2023;
``(D) $45,000,000 shall be for fiscal year 2024;
and
``(E) $46,000,000 shall be for fiscal year 2025.'';
and
(2) 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. 1129. 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 under 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. 1130. 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 2021 through
2025, 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 2021
through 2025.''.
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 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.''; and
(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.''.
(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.''.
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 1125(c)(1)), is amended by adding at the end the
following:
``Sec. 176. 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 1125(c)(2)), is amended by
inserting after the item relating to section 175 the following:
``176. State human capital plans.''.
SEC. 1204. ACCESSIBILITY DATA PILOT PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall establish an accessibility data pilot
program (referred to in this section as the ``pilot program'').
(b) 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 to
improve the transportation planning of those eligible entities by--
(1) measuring the level of access by multiple
transportation modes to important destinations, which may
include--
(A) jobs, including areas with a concentration of
available jobs;
(B) health care facilities;
(C) child care services;
(D) educational and workforce training facilities;
(E) affordable housing;
(F) food sources; and
(G) connections between modes, including
connections to--
(i) high-quality transit or rail service;
(ii) safe bicycling corridors; and
(iii) safe sidewalks that achieve
compliance with applicable requirements of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(2) disaggregating the level of access by multiple
transportation modes by a variety of population categories,
which may include--
(A) low-income populations;
(B) minority populations;
(C) age;
(D) disability; and
(E) geographical location; and
(3) assessing the change in accessibility that would result
from new transportation investments.
(c) Eligible Entities.--An entity eligible to participate in the
pilot program is--
(1) a State (as defined in section 101(a) of title 23,
United States Code);
(2) a metropolitan planning organization; or
(3) a rural transportation planning organization.
(d) 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;
(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.
(e) 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) rural 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.
(f) Duties.--For each eligible entity participating in the pilot
program, the Secretary shall--
(1) develop or acquire an accessibility data set described
in subsection (b); and
(2) submit the data set to the eligible entity.
(g) Methodology.--In calculating the measures for the data set
under the pilot program, the Secretary shall ensure that methodology is
open source.
(h) 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.
(i) Report.--Not later than 120 days after the last date on which
the Secretary submits data sets to the eligible entity under subsection
(f), the Secretary shall submit to Congress a report on the results of
the program, including the feasibility of developing and providing
periodic accessibility data sets for all States, regions, and
localities.
(j) 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.
(k) Sunset.--The pilot program shall terminate on the date that is
8 years after the date on which the pilot program is implemented.
SEC. 1205. PRIORITIZATION PROCESS PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a metropolitan planning organization that
serves an area with a population of over 200,000; and
(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. 1206. EXEMPTIONS FOR LOW POPULATION DENSITY STATES.
Section 150 of title 23, United States Code, is amended by adding
at the end the following:
``(f) Exemptions for Low Population Density States.--
``(1) In general.--The Secretary shall grant, on the
election of and in consultation with a State, an exemption from
1 or more of the requirements described in paragraph (2)(A) if
the State--
``(A) is on the list of eligible States under
paragraph (5) for the applicable performance period;
and
``(B) provides a written notice of the election
that includes an explanation under paragraph (4)(A).
``(2) Requirements described.--
``(A) State requirements.--The requirements from
which a State described in paragraph (1) may elect an
exemption are--
``(i) requirements established under
subclauses (IV) and (V) of subsection
(c)(3)(A)(ii);
``(ii) requirements established under
subsection (c)(5)(A);
``(iii) requirements established under
subsection (c)(6); and
``(iv) targeting, data, reporting, or
administrative requirements established under
subsections (d) and (e) that are related to a
requirement described in clause (i), (ii), or
(iii) from which the State elects to receive an
exemption.
``(B) Metropolitan planning organization
requirements.--A metropolitan planning organization
with a metropolitan planning area that is located
entirely within a State that is exempt shall be exempt
from the requirements under section 134(h)(2)(B) that
relate to each measure described in subparagraph (A)
from which the State of the metropolitan planning
organization is exempt.
``(3) Term.--An exemption applied under paragraph (1) --
``(A) shall be in effect until the date that is 4
years after the date on which the performance period
promulgated by the Secretary under subsection (d) in
effect at the time the exemption is applied ends; and
``(B) may be renewed by the State for an additional
4-year term at the end of each performance period if,
in accordance with paragraph (4)--
``(i) the State submits another written
explanation; and
``(ii) the State continues to be included
on the list of eligible States under paragraph
(5).
``(4) Notification of election of exemption.--
``(A) In general.--To be eligible to make an
election under paragraph (1), not later than September
1 of the calendar year preceding the calendar year in
which the next performance period promulgated by the
Secretary under subsection (d) begins, a State
described in that paragraph--
``(i) shall submit to the Secretary--
``(I) identification of the 1 or
more requirements described in
paragraph (2)(A) for which an exemption
is elected; and
``(II) a written notice that
includes an explanation advising the
Secretary that the State is not
experiencing significant performance
issues on the surface transportation
system of the State with respect to
each requirement referred to in
subclause (I); and
``(ii) may submit to the Secretary any
other information or material that the State
chooses to include in the notice.
``(B) Special rule.--Notwithstanding the deadline
described in subparagraph (A), a State described in
paragraph (1) may submit a notice under subparagraph
(A) at any time before September 1, 2021.
``(5) Eligible states.--
``(A) In general.--Not later than 60 days after the
date of enactment of this subsection and thereafter, on
each September 1 of the calendar year 2 years prior to
the calendar year in which the next performance period
promulgated by the Secretary under subsection (d)
begins, the Secretary shall publish a list of States
that may elect to receive an exemption from a
requirement described in paragraph (2)(A).
``(B) Inclusions.--The Secretary shall include on
the list under subparagraph (A)--
``(i) any State that--
``(I) has a population per square
mile of area that is less than the
population per square mile of area of
the United States, based on the latest
available Bureau of the Census data at
the time the Secretary publishes the
list;
``(II) does not include an
urbanized area with a population of
over 200,000 within the State; and
``(III) has no repeated delays or
other persistent impediments to travel
reliability on the portions of the
National Highway System in the State
that the Secretary determines to be
excessive; and
``(ii) based on the latest available Bureau
of the Census data at the time the Secretary
publishes the list, any State that--
``(I) has a population density of
less than 15 persons per square mile of
area; and
``(II) does not include an
urbanized area with a population of
over 200,000.
``(6) National reporting.--
``(A) Eligible states.--For each State included on
the list of eligible States under paragraph (5), 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 status of traffic
congestion, travel reliability, truck travel
reliability, and any other relevant performance metrics
on the portions of the National Highway System in the
State, including any delays or impediments that the
Secretary determines to be excessive.
``(B) Exempt states.--For each eligible State under
paragraph (5) that elects to receive an exemption under
paragraph (1), the Secretary shall--
``(i) 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 performance measures
for all exemptions applied to that State under
this subsection; and
``(ii) make publicly available as part of
the State performance dashboard on the
Department of Transportation website
information on the performance of the State
with respect to any requirements from which the
State is exempt.''.
SEC. 1207. 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. 1208. 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 100 percent.
Subtitle C--Project Delivery and Process Improvement
SEC. 1301. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING
AND 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 America's Transportation
Infrastructure Act of 2019, 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 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.''; and
(7) 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, 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) a list of the categorical exclusions identified
under subparagraph (A) and 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 the 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 1508.4 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 1508.4 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 sections 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. DEPARTMENT OF TRANSPORTATION REPORTS.
(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. Department of Transportation reports
``(a) Definition of Dashboard.--In this section, the term
`Dashboard' has the meaning given the term in section 41001 of the FAST
Act (42 U.S.C. 4370m).
``(b) Reports.--Not later than January 31 of each year, 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 with respect to any projects,
programs, or authorities under this title (other than chapter 4) that
includes--
``(1) for the preceding fiscal year--
``(A) the median time described in subsection
(c)(1) posted on the Dashboard for projects described
in subsection (c)(2);
``(B) a list of any new categorical exclusions
adopted by the Department and listed under section
771.117 of title 23, Code of Federal Regulations (or
successor regulations); and
``(C) a list of all regulatory requirements that
have been removed or reduced and, if available, a
summary of the cost savings resulting from the removal
or reduction to--
``(i) States;
``(ii) units of Tribal and local
government; and
``(iii) the public; and
``(2) for the current fiscal year--
``(A) an estimate or documentation of the median
time elapsed between--
``(i) the date of the publication in the
Federal Register of a notice of intent to
prepare an environmental impact statement; and
``(ii) the date of the record of decision
with respect to that environmental impact
statement by the Department; and
``(B) if available, a summary of the cost savings,
including cost savings to States, units of Tribal and
local government, and the public, resulting from the
removal or reduction of regulatory requirements.
``(c) Federal Permitting Dashboard.--
``(1) In general.--Not later than January 31 of each year,
the Secretary shall provide to the Executive Director of the
Federal Permitting Improvement Steering Council established
under section 41002(a) of the FAST Act (42 U.S.C. 4370m-1(a)),
to make available on the Dashboard, with respect to projects
described in paragraph (2), the median time elapsed between--
``(A) the publication in the Federal Register of
the notice of intent to prepare an environmental impact
statement; and
``(B) the date of issuance of the record of
decision with respect to that environmental impact
statement by the Department of Transportation.
``(2) Projects described.--A project referred to in
paragraph (1) is a project for which--
``(A) a record of decision for an environmental
impact statement was issued during the preceding fiscal
year; and
``(B) the Department of Transportation is a lead
agency (as defined in section 139).''.
(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. Department of Transportation reports.''.
SEC. 1311. 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).
Subtitle D--Climate Change
SEC. 1401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE TO MODERNIZE
AND RECONNECT AMERICA FOR THE 21ST CENTURY.
(a) Purpose.--The purpose of this section is to establish a grant
program to strategically deploy electric vehicle charging
infrastructure, hydrogen fueling infrastructure, and natural gas
fueling infrastructure along designated alternative fuel corridors that
will be accessible to all drivers of electric vehicles, hydrogen
vehicles, and natural gas vehicles.
(b) Grant Program.--Section 151 of title 23, United States Code, is
amended--
(1) in subsection (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'';
(2) in subsection (b)(2), by inserting ``previously
designated by the Federal Highway Administration or'' before
``designated by'';
(3) in subsection (d)--
(A) by striking ``5 years after the date of
establishment of the corridors under subsection (a),
and every 5 years thereafter,'' and inserting ``180
days after the date of enactment of the America's
Transportation Infrastructure Act of 2019,''; and
(B) by inserting ``establish a recurring process to
regularly'' before ``update'';
(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, 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) Establishment.--Not later than 1 year after the date
of enactment of the America's Transportation Infrastructure Act
of 2019, the Secretary shall establish a grant program to award
grants to eligible entities to carry out the activities
described in paragraph (5).
``(2) 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) an authority, agency, or instrumentality of,
or an entity owned by, 1 or more entities described in
subparagraphs (A) through (E); or
``(G) a group of entities described in
subparagraphs (A) through (F).
``(3) 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, 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, or natural gas fueling
infrastructure;
``(II) to expand deployment of
electric vehicle charging
infrastructure, hydrogen 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, 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 and future
charging methods; and
``(v) the long-term operation and
maintenance of the electric vehicle charging
infrastructure, hydrogen 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, 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).
``(4) 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; and
``(iv) support a long-term competitive
market for electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, or natural gas fueling
infrastructure that does not significantly
impair existing electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, or natural gas fueling
infrastructure providers;
``(B) ensure, to the maximum extent practicable,
geographic diversity among grant recipients to ensure
that electric vehicle charging infrastructure, hydrogen
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 (5)--
``(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, 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
(5) enter into an agreement--
``(i) to operate and maintain publicly
available electric vehicle charging
infrastructure, hydrogen 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.
``(5) 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, or
natural gas fueling infrastructure that is directly
related to the charging or fueling of a vehicle.
``(B) Location of infrastructure.--Any electric
vehicle charging infrastructure, hydrogen 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--
``(i) under this section, on the condition
that any affected Indian tribes are consulted
before the designation; or
``(ii) by a State or group of States, such
as the Regional Electric Vehicle West Plan of
the States of Arizona, Colorado, Idaho,
Montana, Nevada, New Mexico, Utah, and Wyoming,
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 electric
vehicle charging infrastructure, hydrogen
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, or natural gas
fueling infrastructure and service, including
costs associated with labor, marketing, and
administrative costs.
``(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, or natural gas
fueling infrastructure.
``(D) Signs.--
``(i) In general.--Subject to this
paragraph and paragraph (6)(B), an eligible
entity that receives a grant under this
subsection may use a portion of the funds to
acquire and install--
``(I) traffic control devices
located in the right-of-way to provide
directional information to electric
vehicle charging infrastructure,
hydrogen fueling infrastructure, or
natural gas fueling infrastructure
acquired, installed, or operated with
the grant; and
``(II) on-premises signs to provide
information about electric vehicle
charging infrastructure, hydrogen
fueling infrastructure, or natural gas
fueling infrastructure acquired,
installed, or operated with a grant
under this subsection.
``(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, or natural gas
fueling infrastructure.
``(iii) Limitation on amount.--The amount
of funds used to acquire and install traffic
control devices and on-premises signs 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 or on-premises signs if the
entity is not otherwise authorized to do so.
``(E) Revenue.--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, or natural gas fueling
infrastructure.
``(6) Project requirements.--
``(A) In general.--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.
``(7) 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 (5), 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).
``(8) 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 INCENTIVE PROGRAMS.
(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. 177. Formula carbon reduction incentive 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) Formula Carbon Reduction Awards.--
``(1) In general.--For each fiscal year, the Secretary
shall distribute among the States the amounts made available to
carry out this section for that fiscal year in accordance with
paragraph (2).
``(2) Distribution.--The amount for each State shall be
determined by multiplying the total amount made available to
carry out this section for the applicable fiscal year by the
ratio that--
``(A) the total base apportionment for the State
under section 104(c); bears to
``(B) the total base apportionments for all States
under section 104(c).
``(c) Emissions Reduction Supplemental.--
``(1) In general.--A State shall use 50 percent of the
amount distributed to the State under subsection (b) for each
fiscal year to carry out activities under paragraph (2).
``(2) Eligible activities.--Subject to paragraph (3), a
State and any metropolitan planning organization that is
required to obligate funds in accordance with subsection (e)
shall use the funds under paragraph (1) for activities designed
to reduce transportation emissions, including--
``(A) a project described in paragraph (4), (5),
(7), (8), or (11) of subsection (b) of section 149 or
subsection (c)(2) of that section, regardless of
whether the project--
``(i) is located in an area designated as a
nonattainment or maintenance area, as described
in section 149(b); or
``(ii) is likely to contribute to the
attainment or maintenance in the area of a
national ambient air quality standard;
``(B) a project that is eligible for assistance
under section 142;
``(C) a project for the provision of facilities for
pedestrians and bicyclists (including the conversion
and use of rail corridors for pedestrian and bike
trails);
``(D) a project that is described in section
503(c)(4)(E);
``(E) a project to reduce emissions from port-
related equipment and vehicles;
``(F) a project to replace street lighting and
traffic control devices with energy efficient
alternatives; and
``(G) the development of a carbon reduction
strategy under subsection (d)(1)(A).
``(3) Limitation.--No funds provided under paragraph (1)
may be used for a project that will result in the construction
of new capacity available to single-occupant vehicles.
``(4) Federal share.--The Federal share of the cost of a
project carried out with funds under paragraph (1) shall be
determined in accordance with section 120.
``(d) Carbon Reduction Strategy Planning Incentive.--
``(1) Carbon reduction strategy.--
``(A) In general.--A State may, in consultation
with a metropolitan planning organization within the
State, develop a carbon reduction strategy.
``(B) Requirements.--If a State develops a carbon
reduction strategy under subparagraph (A), the carbon
reduction strategy shall--
``(i) 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
on Federal-aid highways located within
the State or the area served by the
metropolitan planning organization, as
applicable;
``(II) to facilitate 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 metropolitan
planning organization, if any;
``(III) to facilitate the use of
vehicles or modes of travel that result
in lower transportation emissions per
person-mile traveled; and
``(IV) to facilitate approaches to
transportation asset construction and
maintenance that result in lower
transportation emissions;
``(ii) set targets for the reduction of
transportation emissions and implementation of
the projects and strategies identified under
clause (i);
``(iii) be appropriate to the population
density and context of the State, including a
metropolitan planning organization within the
State, if any;
``(iv) provide a reasonable opportunity for
participation and review by interested parties
within the State;
``(v) be updated not less frequently than
once every 3 years; and
``(vi) be reviewed and certified by the
Secretary to have met the requirements of this
subparagraph.
``(2) Carbon reduction strategy planning incentive.--
``(A) In general.--A State shall use 50 percent of
the amounts made available to the State under
subsection (b) for each fiscal year for the eligible
activities under subparagraph (B).
``(B) Eligible activities.--
``(i) In general.--A State and any
metropolitan planning organization in the State
that is required to obligate funds in
accordance with subsection (e) may use the
funds under subparagraph (A) for a project or
strategy described in subsection (c)(2).
``(ii) Additional eligibility incentive.--
In addition to the eligible activities under
clause (i), a State and any metropolitan
planning organization in the State that is
required to obligate funds in accordance with
subsection (e) may use the funds under
subparagraph (A) for a project eligible under
section 133(b) if--
``(I) the State has, within the
fiscal year prior to the fiscal year in
which the Secretary is making the grant
or by a deadline established by the
Secretary in the fiscal year in which
the Secretary is making the grant,
developed a carbon reduction strategy
under paragraph (1)(A) that has been
approved by the Secretary under clause
(vi) of that paragraph; or
``(II) the State or metropolitan
planning organization has, within the 4
fiscal years prior to the fiscal year
in which the Secretary is making the
grant or by a deadline established by
the Secretary in the fiscal year in
which the Secretary is making the
grant, incorporated a carbon reduction
strategy under paragraph (1)(A) into--
``(aa) a long-range
transportation plan developed
by the metropolitan planning
organization under section
134(c), if any; and
``(bb) the long-range
statewide transportation plan
developed by the State under
section 135(f)(1).
``(C) Federal share.--The Federal share of the cost
of a project carried out using funds under subparagraph
(A) shall be--
``(i) in the case of a State or
metropolitan planning organization within a
State that meets the requirements under
subparagraph (B)(ii), up to 100 percent, at the
discretion of the State; and
``(ii) in the case of a State or
metropolitan planning organization within a
State that is not described in clause (i),
determined in accordance with section 120.
``(e) Suballocation Requirements.--
``(1) In general.--For each fiscal year, of the funds made
available to a State under subsections (c) and (d)--
``(A) 65 percent of each amount 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 over 200,000;
and
``(ii) in other areas of the State; and
``(B) the remainder may be obligated in any area of
the State.
``(2) Metropolitan areas.--Funds attributed to an urbanized
area under paragraph (1)(A)(i) may be obligated in the
metropolitan area established under section 134 that
encompasses the urbanized area.
``(3) Distribution among urbanized areas of over 200,000
population.--
``(A) In general.--Except as provided in
subparagraph (B), the amount that a State is required
to obligate under paragraph (1)(A)(i) shall be
obligated in urbanized areas described in paragraph
(1)(A)(i) based on the relative population of the
areas.
``(B) Other factors.--The State may 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) Consultation in urbanized areas.--Before obligating
funds for an eligible activity under subsection (c) or (d) in
an urbanized area that is not a transportation management area,
a State shall consult with any metropolitan planning
organization that represents the urbanized area prior to
determining which activities should be carried out.
``(5) Consultation in rural areas.--Before obligating funds
for an eligible activity under subsection (c) or (d) 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.
``Sec. 178. Carbon reduction performance 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) Qualifying state.--The term `qualifying State' means
a State in which--
``(A) the average annual transportation emissions
within the State has grown more slowly or declined
during the most recent 2-calendar year period for which
data are available for transportation emissions at the
time the Secretary is making the grant under this
section, as compared to the 2-calendar year period that
immediately precedes that period; or
``(B) the average annual transportation emissions
within the State, as estimated on a per capita basis,
has grown more slowly or declined during the most
recent 2-calendar year period for which data are
available for transportation emissions at the time the
Secretary is making the grant under this section, as
compared to the 2-calendar year period that immediately
precedes that period.
``(3) Qualifying unit of local government.--The term
`qualifying unit of local government' means a unit of local
government in an urbanized area served by a metropolitan
planning organization, in which--
``(A) the average annual transportation emissions
within the urbanized area has grown more slowly or
declined during the most recent 2-calendar year period
for which data are available for transportation
emissions at the time the Secretary is making the grant
under this section, as compared to the 2-calendar year
period that immediately precedes that period; or
``(B) the average annual transportation emissions
within the urbanized area, as estimated on a per capita
basis, has grown more slowly or declined during the
most recent 2-calendar year period for which data are
available for transportation emissions at the time the
Secretary is making the grant under this section, as
compared to the 2-calendar year period that immediately
precedes that period.
``(4) Transportation emissions.--The term `transportation
emissions' has the meaning given the term in section 177(a).
``(b) Carbon Reduction Performance and Planning Recognition
Awards.--
``(1) In general.--The Secretary shall establish a
competitive grant program to award grants to eligible entities
in recognition of the achievement of the eligible entity in
meeting the performance categories described in paragraph
(3)(A).
``(2) Eligible entities.--The Secretary shall distribute
amounts under paragraph (1) to any of the following:
``(A) A qualifying State.
``(B) A qualifying unit of local government.
``(3) Performance categories.--
``(A) In general.--The Secretary shall select
eligible entities to receive a grant under paragraph
(1) to recognize the achievement of the eligible entity
in meeting any of the following performance categories:
``(i) A significant reduction in
transportation emissions, as estimated on a per
unit of economic output basis.
``(ii) A significant reduction in
transportation emissions, as estimated on a per
capita basis.
``(iii) Transportation emissions, as
estimated on a per unit of economic output
basis, that are among the lowest of
jurisdictions with comparable population and
surface transportation system characteristics.
``(iv) Transportation emissions, as
estimated on a per capita basis, that are among
the lowest of jurisdictions with comparable
population and surface transportation system
characteristics.
``(v) Innovative planning efforts and the
implementation of a carbon reduction strategy
under section 177(d)(1)(A) or plans that lead
to a reduction in transportation emissions.
``(B) Merit based distribution.--In selecting among
eligible entities to receive grants under paragraph (1)
and the amount of each of those grants, the Secretary
shall give priority to eligible entities that have
achieved the most significant levels of reductions of
transportation emissions, as estimated on either a per
unit of economic basis or on a per capita basis.
``(C) Multiple awards.--The Secretary may--
``(i) award a grant under paragraph (1) to
multiple eligible entities for each performance
category described in subparagraph (A); and
``(ii) recognize achievements in each
performance category described in subparagraph
(A)--
``(I) in urban and rural areas; and
``(II) on the State and local
level.
``(D) Repeat awards.--The Secretary may not award a
grant under this subsection to the same eligible entity
more than once in a 2-year period.
``(4) Award amount.--A grant under paragraph (1) shall be
in an amount--
``(A) not less than $5,000,000; and
``(B) not more than $30,000,000.
``(5) Eligible uses.--An eligible entity may use a grant
under paragraph (1) for--
``(A) an activity eligible under this title; and
``(B) a project--
``(i) to maintain the condition of a
Federal-aid highway, including routine
maintenance; or
``(ii) that--
``(I) responds to a specific
condition or event; and
``(II) restores a Federal-aid
highway to a functional state of
operations.
``(6) Applications.--To be eligible to receive a grant
under paragraph (1), 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.
``(7) Federal share.--The Federal share of the cost of a
project carried out using a grant under paragraph (1) shall be,
as determined at the discretion of the grant recipient, up to
100 percent.''.
(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 176 the following:
``177. Formula carbon reduction incentive program.
``178. Carbon reduction performance 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--
``(i) a State, for the purpose of carrying
out a project in an urbanized area with a
population of more than 1,000,000; and
``(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
America's Transportation Infrastructure Act of 2019, 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, water
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 (13); 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 on local air
pollution;
``(C) the impacts of freight on flooding, water
runoff, and other adverse water impacts; and
``(D) the impacts of freight on wildlife habitat
loss;
``(12) strategies and goals to decrease the adverse impact
of freight transportation on communities traversed by freight
railroads; 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
freight transportation into an intelligent transportation system
network powered by electricity, the Secretary, acting through the
Administrator of the Federal Highway Administration, shall conduct 2 or
more appropriate studies relating to--
(1) preparing to supply power to applicable electrical
freight infrastructure; and
(2) safely integrating freight into intelligent
transportation systems.
SEC. 1406. UTILIZING SIGNIFICANT EMISSIONS WITH INNOVATIVE
TECHNOLOGIES.
(a) Research, Investigation, Training, and Other Activities.--
Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended--
(1) in subsection (c)(3), in the first sentence of the
matter preceding subparagraph (A), by striking ``percursors''
and inserting ``precursors''; and
(2) in subsection (g)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and
indenting appropriately;
(B) in the undesignated matter following
subparagraph (D) (as so redesignated)--
(i) in the second sentence, by striking
``The Administrator'' and inserting the
following:
``(5) Coordination and avoidance of duplication.--The
Administrator''; and
(ii) in the first sentence, by striking
``Nothing'' and inserting the following:
``(4) Effect of subsection.--Nothing'';
(C) in the matter preceding subparagraph (A) (as so
redesignated)--
(i) in the third sentence, by striking
``Such program'' and inserting the following:
``(3) Program inclusions.--The program under this
subsection'';
(ii) in the second sentence--
(I) by inserting ``States,
institutions of higher education,''
after ``scientists,''; and
(II) by striking ``Such strategies
and technologies shall be developed''
and inserting the following:
``(2) Participation requirement.--Such strategies and
technologies described in paragraph (1) shall be developed'';
and
(iii) in the first sentence, by striking
``In carrying out'' and inserting the
following:
``(1) In general.--In carrying out''; and
(D) by adding at the end the following:
``(6) Certain carbon dioxide activities.--
``(A) In general.--In carrying out paragraph (3)(A)
with respect to carbon dioxide, the Administrator shall
carry out the activities described in each of
subparagraphs (B), (C), (D), and (E).
``(B) Direct air capture research.--
``(i) Definitions.--In this subparagraph:
``(I) Board.--The term `Board'
means the Direct Air Capture Technology
Advisory Board established by clause
(iii)(I).
``(II) Dilute.--The term `dilute'
means a concentration of less than 1
percent by volume.
``(III) Direct air capture.--
``(aa) In general.--The
term `direct air capture', with
respect to a facility,
technology, or system, means
that the facility, technology,
or system uses carbon capture
equipment to capture carbon
dioxide directly from the air.
``(bb) Exclusion.--The term
`direct air capture' does not
include any facility,
technology, or system that
captures carbon dioxide--
``(AA) that is
deliberately released
from a naturally
occurring subsurface
spring; or
``(BB) using
natural photosynthesis.
``(IV) Intellectual property.--The
term `intellectual property' means--
``(aa) an invention that is
patentable under title 35,
United States Code; and
``(bb) any patent on an
invention described in item
(aa).
``(ii) Technology prizes.--
``(I) In general.--Not later than 1
year after the date of enactment of the
America's Transportation Infrastructure
Act of 2019, the Administrator, in
consultation with the Secretary of
Energy, shall establish a program to
provide, and shall provide, financial
awards on a competitive basis for
direct air capture from media in which
the concentration of carbon dioxide is
dilute.
``(II) Duties.--In carrying out
this clause, the Administrator shall--
``(aa) subject to subclause
(III), develop specific
requirements for--
``(AA) the
competition process;
and
``(BB) the
demonstration of
performance of approved
projects;
``(bb) offer financial
awards for a project designed--
``(AA) to the
maximum extent
practicable, to capture
more than 10,000 tons
of carbon dioxide per
year; and
``(BB) to operate
in a manner that would
be commercially viable
in the foreseeable
future (as determined
by the Board); and
``(cc) to the maximum
extent practicable, make
financial awards to
geographically diverse
projects, including at least--
``(AA) 1 project in
a coastal State; and
``(BB) 1 project in
a rural State.
``(III) Public participation.--In
carrying out subclause (II)(aa), the
Administrator shall--
``(aa) provide notice of
and, for a period of not less
than 60 days, an opportunity
for public comment on, any
draft or proposed version of
the requirements described in
subclause (II)(aa); and
``(bb) take into account
public comments received in
developing the final version of
those requirements.
``(iii) Direct air capture technology
advisory board.--
``(I) Establishment.--There is
established an advisory board to be
known as the `Direct Air Capture
Technology Advisory Board'.
``(II) Composition.--The Board
shall be composed of 9 members
appointed by the Administrator, who
shall provide expertise in--
``(aa) climate science;
``(bb) physics;
``(cc) chemistry;
``(dd) biology;
``(ee) engineering;
``(ff) economics;
``(gg) business management;
and
``(hh) such other
disciplines as the
Administrator determines to be
necessary to achieve the
purposes of this subparagraph.
``(III) Term; vacancies.--
``(aa) Term.--A member of
the Board shall serve for a
term of 6 years.
``(bb) Vacancies.--A
vacancy on the Board--
``(AA) shall not
affect the powers of
the Board; and
``(BB) shall be
filled in the same
manner as the original
appointment was made.
``(IV) Initial meeting.--Not later
than 30 days after the date on which
all members of the Board have been
appointed, the Board shall hold the
initial meeting of the Board.
``(V) Meetings.--The Board shall
meet at the call of the Chairperson or
on the request of the Administrator.
``(VI) Quorum.--A majority of the
members of the Board shall constitute a
quorum, but a lesser number of members
may hold hearings.
``(VII) Chairperson and vice
chairperson.--The Board shall select a
Chairperson and Vice Chairperson from
among the members of the Board.
``(VIII) Compensation.--Each member
of the Board may be compensated at not
to exceed the daily equivalent of the
annual rate of basic pay in effect for
a position at level V of the Executive
Schedule under section 5316 of title 5,
United States Code, for each day during
which the member is engaged in the
actual performance of the duties of the
Board.
``(IX) Duties.--The Board shall
advise the Administrator on carrying
out the duties of the Administrator
under this subparagraph.
``(X) FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall
apply to the Board.
``(iv) Intellectual property.--
``(I) In general.--As a condition
of receiving a financial award under
this subparagraph, an applicant shall
agree to vest the intellectual property
of the applicant derived from the
technology in 1 or more entities that
are incorporated in the United States.
``(II) Reservation of license.--The
United States--
``(aa) may reserve a
nonexclusive, nontransferable,
irrevocable, paid-up license,
to have practiced for or on
behalf of the United States, in
connection with any
intellectual property described
in subclause (I); but
``(bb) shall not, in the
exercise of a license reserved
under item (aa), publicly
disclose proprietary
information relating to the
license.
``(III) Transfer of title.--Title
to any intellectual property described
in subclause (I) shall not be
transferred or passed, except to an
entity that is incorporated in the
United States, until the expiration of
the first patent obtained in connection
with the intellectual property.
``(v) Authorization of appropriations.--
``(I) In general.--There is
authorized to be appropriated to carry
out this subparagraph $35,000,000, to
remain available until expended.
``(II) Requirement.--Research
carried out using amounts made
available under subclause (I) may not
duplicate research funded by the
Department of Energy.
``(vi) Termination of authority.--The Board
and all authority provided under this
subparagraph shall terminate not later than 10
years after the date of enactment of the
America's Transportation Infrastructure Act of
2019.
``(C) Carbon dioxide utilization research.--
``(i) Definition of carbon dioxide
utilization.--In this subparagraph, the term
`carbon dioxide utilization' refers to
technologies or approaches that lead to the use
of carbon dioxide--
``(I) through the fixation of
carbon dioxide through photosynthesis
or chemosynthesis, such as through the
growing of algae or bacteria;
``(II) through the chemical
conversion of carbon dioxide to a
material or chemical compound in which
the carbon dioxide is securely stored;
or
``(III) through the use of carbon
dioxide for any other purpose for which
a commercial market exists, as
determined by the Administrator.
``(ii) Program.--The Administrator, in
consultation with the Secretary of Energy,
shall carry out a research and development
program for carbon dioxide utilization to
promote existing and new technologies that
transform carbon dioxide generated by
industrial processes into a product of
commercial value, or as an input to products of
commercial value.
``(iii) Technical and financial
assistance.--Not later than 2 years after the
date of enactment of the America's
Transportation Infrastructure Act of 2019, in
carrying out this subsection, the
Administrator, in consultation with the
Secretary of Energy, shall support research and
infrastructure activities relating to carbon
dioxide utilization by providing technical
assistance and financial assistance in
accordance with clause (iv).
``(iv) Eligibility.--To be eligible to
receive technical assistance and financial
assistance under clause (iii), a carbon dioxide
utilization project shall--
``(I) have access to an emissions
stream generated by a stationary source
within the United States that is
capable of supplying not less than 250
metric tons per day of carbon dioxide
for research;
``(II) have access to adequate
space for a laboratory and equipment
for testing small-scale carbon dioxide
utilization technologies, with onsite
access to larger test bays for scale-
up; and
``(III) have existing partnerships
with institutions of higher education,
private companies, States, or other
government entities.
``(v) Coordination.--In supporting carbon
dioxide utilization projects under this
paragraph, the Administrator shall consult with
the Secretary of Energy, and, as appropriate,
with the head of any other relevant Federal
agency, States, the private sector, and
institutions of higher education to develop
methods and technologies to account for the
carbon dioxide emissions avoided by the carbon
dioxide utilization projects.
``(vi) Authorization of appropriations.--
``(I) In general.--There is
authorized to be appropriated to carry
out this subparagraph $50,000,000, to
remain available until expended.
``(II) Requirement.--Research
carried out using amounts made
available under subclause (I) may not
duplicate research funded by the
Department of Energy.
``(D) Deep saline formation report.--
``(i) Definition of deep saline
formation.--
``(I) In general.--In this
subparagraph, the term `deep saline
formation' means a formation of
subsurface geographically extensive
sedimentary rock layers saturated with
waters or brines that have a high total
dissolved solids content and that are
below the depth where carbon dioxide
can exist in the formation as a
supercritical fluid.
``(II) Clarification.--In this
subparagraph, the term `deep saline
formation' does not include oil and gas
reservoirs.
``(ii) Report.--In consultation with the
Secretary of Energy, and, as appropriate, with
the head of any other relevant Federal agency
and relevant stakeholders, not later than 1
year after the date of enactment of the
America's Transportation Infrastructure Act of
2019, the Administrator shall prepare, submit
to Congress, and make publicly available a
report that includes--
``(I) a comprehensive
identification of potential risks and
benefits to project developers
associated with increased storage of
carbon dioxide captured from stationary
sources in deep saline formations,
using existing research;
``(II) recommendations, if any, for
managing the potential risks identified
under subclause (I), including
potential risks unique to public land;
and
``(III) recommendations, if any,
for Federal legislation or other policy
changes to mitigate any potential risks
identified under subclause (I).
``(E) Report on carbon dioxide nonregulatory
strategies and technologies.--
``(i) In general.--Not less frequently than
once every 2 years, the Administrator shall
submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Energy and Commerce of the House of
Representatives a report that describes--
``(I) the recipients of assistance
under subparagraphs (B) and (C); and
``(II) a plan for supporting
additional nonregulatory strategies and
technologies that could significantly
prevent carbon dioxide emissions or
reduce carbon dioxide levels in the
air, in conjunction with other Federal
agencies.
``(ii) Inclusions.--The plan submitted
under clause (i) shall include--
``(I) a methodology for evaluating
and ranking technologies based on the
ability of the technologies to cost
effectively reduce carbon dioxide
emissions or carbon dioxide levels in
the air; and
``(II) a description of any nonair-
related environmental or energy
considerations regarding the
technologies.
``(F) GAO report.--The Comptroller General of the
United States shall submit to Congress a report that--
``(i) identifies all Federal grant programs
in which a purpose of a grant under the program
is to perform research on carbon capture and
utilization technologies, including direct air
capture technologies; and
``(ii) examines the extent to which the
Federal grant programs identified pursuant to
clause (i) overlap or are duplicative.''.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
(referred to in this subsection as the ``Administrator'') shall submit
to Congress a report describing how funds appropriated to the
Administrator during the 5 most recent fiscal years have been used to
carry out section 103 of the Clean Air Act (42 U.S.C. 7403), including
a description of--
(1) the amount of funds used to carry out specific
provisions of that section; and
(2) the practices used by the Administrator to
differentiate funding used to carry out that section, as
compared to funding used to carry out other provisions of law.
(c) Inclusion of Carbon Capture Infrastructure Projects.--Section
41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by
inserting ``carbon capture,'' after ``manufacturing,'';
(B) in clause (i)(III), by striking ``or'' at the
end;
(C) by redesignating clause (ii) as clause (iii);
and
(D) by inserting after clause (i) the following:
``(ii) is covered by a programmatic plan or
environmental review developed for the primary
purpose of facilitating development of carbon
dioxide pipelines; or''; and
(2) by adding at the end the following:
``(C) Inclusion.--For purposes of subparagraph (A),
construction of infrastructure for carbon capture
includes construction of--
``(i) any facility, technology, or system
that captures, utilizes, or sequesters carbon
dioxide emissions, including projects for
direct air capture (as defined in paragraph
(6)(B)(i) of section 103(g) of the Clean Air
Act (42 U.S.C. 7403(g)); and
``(ii) carbon dioxide pipelines.''.
(d) Development of Carbon Capture, Utilization, and Sequestration
Report, Permitting Guidance, and Regional Permitting Task Force.--
(1) Definitions.--In this subsection:
(A) Carbon capture, utilization, and sequestration
projects.--The term ``carbon capture, utilization, and
sequestration projects'' includes projects for direct
air capture (as defined in paragraph (6)(B)(i) of
section 103(g) of the Clean Air Act (42 U.S.C.
7403(g))).
(B) Efficient, orderly, and responsible.--The term
``efficient, orderly, and responsible'' means, with
respect to development or the permitting process for
carbon capture, utilization, and sequestration projects
and carbon dioxide pipelines, a process that is
completed in an expeditious manner while maintaining
environmental, health, and safety protections.
(2) Report.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Chair of the Council
on Environmental Quality (referred to in this
subsection as the ``Chair''), in consultation with the
Administrator of the Environmental Protection Agency,
the Secretary of Energy, the Secretary of the Interior,
the Executive Director of the Federal Permitting
Improvement Council, and the head of any other relevant
Federal agency (as determined by the President), shall
prepare a report that--
(i) compiles all existing relevant Federal
permitting and review information and resources
for project applicants, agencies, and other
stakeholders interested in the deployment of
carbon capture, utilization, and sequestration
projects and carbon dioxide pipelines,
including--
(I) the appropriate points of
interaction with Federal agencies;
(II) clarification of the
permitting responsibilities and
authorities among Federal agencies; and
(III) best practices and templates
for permitting;
(ii) inventories current or emerging
activities that transform captured carbon
dioxide into a product of commercial value, or
as an input to products of commercial value;
(iii) inventories existing initiatives and
recent publications that analyze or identify
priority carbon dioxide pipelines needed to
enable efficient, orderly, and responsible
development of carbon capture, utilization, and
sequestration projects at increased scale;
(iv) identifies gaps in the current Federal
regulatory framework for the deployment of
carbon capture, utilization, and sequestration
projects and carbon dioxide pipelines; and
(v) identifies Federal financing mechanisms
available to project developers.
(B) Submission; publication.--The Chair shall--
(i) submit the report under subparagraph
(A) to the Committee on Environment and Public
Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives;
and
(ii) as soon as practicable, make the
report publicly available.
(3) Guidance.--
(A) In general.--After submission of the report
under paragraph (2)(B), but not later than 1 year after
the date of enactment of this Act, the Chair shall
submit guidance consistent with that report to all
relevant Federal agencies that--
(i) facilitates reviews associated with the
deployment of carbon capture, utilization, and
sequestration projects and carbon dioxide
pipelines; and
(ii) supports the efficient, orderly, and
responsible development of carbon capture,
utilization, and sequestration projects and
carbon dioxide pipelines.
(B) Requirements.--
(i) In general.--The guidance under
subparagraph (A) shall address requirements
under--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(II) the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.);
(III) the Clean Air Act (42 U.S.C.
7401 et seq.);
(IV) the Safe Drinking Water Act
(42 U.S.C. 300f et seq.);
(V) the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
(VI) division A of subtitle III of
title 54, United States Code (formerly
known as the ``National Historic
Preservation Act'');
(VII) the Migratory Bird Treaty Act
(16 U.S.C. 703 et seq.);
(VIII) the Act of June 8, 1940 (16
U.S.C. 668 et seq.) (commonly known as
the ``Bald and Golden Eagle Protection
Act''); and
(IX) any other Federal law that the
Chair determines to be appropriate.
(ii) Environmental reviews.--The guidance
under subparagraph (A) shall include direction
to States and other interested parties for the
development of programmatic environmental
reviews under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for carbon
capture, utilization, and sequestration
projects and carbon dioxide pipelines.
(iii) Public involvement.--The guidance
under subparagraph (A) shall be subject to the
public notice, comment, and solicitation of
information procedures under section 1506.6 of
title 40, Code of Federal Regulations (or a
successor regulation).
(C) Submission; publication.--The Chair shall--
(i) submit the guidance under subparagraph
(A) to the Committee on Environment and Public
Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives;
and
(ii) as soon as practicable, make the
guidance publicly available.
(D) Evaluation.--The Chair shall--
(i) periodically evaluate the reports of
the task forces under paragraph (4)(E) and, as
necessary, revise the guidance under
subparagraph (A); and
(ii) each year, submit to the Committee on
Environment and Public Works of the Senate, the
Committee on Energy and Commerce of the House
of Representatives, and relevant Federal
agencies a report that describes any
recommendations for legislation, rules,
revisions to rules, or other policies that
would address the issues identified by the task
forces under paragraph (4)(E).
(4) Task force.--
(A) Establishment.--Not later than 18 months after
the date of enactment of this Act, the Chair shall
establish not less than 2 task forces, which shall each
cover a different geographical area with differing
demographic, land use, or geological issues--
(i) to identify permitting and other
challenges and successes that permitting
authorities and project developers and
operators face; and
(ii) to improve the performance of the
permitting process and regional coordination
for the purpose of promoting the efficient,
orderly, and responsible development of carbon
capture, utilization, and sequestration
projects and carbon dioxide pipelines.
(B) Members and selection.--
(i) In general.--The Chair shall--
(I) develop criteria for the
selection of members to each task
force; and
(II) select members for each task
force in accordance with subclause (I)
and clause (ii).
(ii) Members.--Each task force--
(I) shall include not less than 1
representative of each of--
(aa) the Environmental
Protection Agency;
(bb) the Department of
Energy;
(cc) the Department of the
Interior;
(dd) any other Federal
agency the Chair determines to
be appropriate;
(ee) any State that
requests participation in the
geographical area covered by
the task force;
(ff) developers or
operators of carbon capture,
utilization, and sequestration
projects or carbon dioxide
pipelines; and
(gg) nongovernmental
membership organizations, the
primary mission of which
concerns protection of the
environment; and
(II) at the request of a Tribal or
local government, may include a
representative of--
(aa) not less than 1 local
government in the geographical
area covered by the task force;
and
(bb) not less than 1 Tribal
government in the geographical
area covered by the task force.
(C) Meetings.--
(i) In general.--Each task force shall meet
not less than twice each year.
(ii) Joint meeting.--To the maximum extent
practicable, the task forces shall meet
collectively not less than once each year.
(D) Duties.--Each task force shall--
(i) inventory existing or potential Federal
and State approaches to facilitate reviews
associated with the deployment of carbon
capture, utilization, and sequestration
projects and carbon dioxide pipelines,
including best practices that--
(I) avoid duplicative reviews;
(II) engage stakeholders early in
the permitting process; and
(III) make the permitting process
efficient, orderly, and responsible;
(ii) develop common models for State-level
carbon dioxide pipeline regulation and
oversight guidelines that can be shared with
States in the geographical area covered by the
task force;
(iii) provide technical assistance to
States in the geographical area covered by the
task force in implementing regulatory
requirements and any models developed under
clause (ii);
(iv) inventory current or emerging
activities that transform captured carbon
dioxide into a product of commercial value, or
as an input to products of commercial value;
(v) identify any priority carbon dioxide
pipelines needed to enable efficient, orderly,
and responsible development of carbon capture,
utilization, and sequestration projects at
increased scale;
(vi) identify gaps in the current Federal
and State regulatory framework and in existing
data for the deployment of carbon capture,
utilization, and sequestration projects and
carbon dioxide pipelines;
(vii) identify Federal and State financing
mechanisms available to project developers; and
(viii) develop recommendations for relevant
Federal agencies on how to develop and research
technologies that--
(I) can capture carbon dioxide; and
(II) would be able to be deployed
within the region covered by the task
force, including any projects that have
received technical or financial
assistance for research under paragraph
(6) of section 103(g) of the Clean Air
Act (42 U.S.C. 7403(g)).
(E) Report.--Each year, each task force shall
prepare and submit to the Chair and to the other task
forces a report that includes--
(i) any recommendations for improvements in
efficient, orderly, and responsible issuance or
administration of Federal permits and other
Federal authorizations required under a law
described in paragraph (3)(B)(i); and
(ii) any other nationally relevant
information that the task force has collected
in carrying out the duties under subparagraph
(D).
(F) Evaluation.--Not later than 5 years after the
date of enactment of this Act, the Chair shall--
(i) reevaluate the need for the task
forces; and
(ii) submit to Congress a recommendation as
to whether the task forces should continue.
SEC. 1407. PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE,
EFFICIENT, AND COST-SAVING TRANSPORTATION (PROTECT) GRANT
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. 179. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation (PROTECT) grant
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 or a
private entity;
``(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 grant 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 grant
program, to be known as the `Promoting Resilient Operations for
Transformative, Efficient, and Cost-saving Transportation grant
program' or the `PROTECT grant program'.
``(2) Purpose.--The purpose of the program is to provide
grants for resilience improvements through--
``(A) formula funding distributed to States;
``(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
infrastructure improvements and emergency response
strategies to address those vulnerabilities; and
``(C) competitive resilience improvement grants to
protect--
``(i) infrastructure 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, 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) Formula Awards.--
``(1) Distribution of funds to states.--
``(A) In general.--For each fiscal year, the
Secretary shall distribute among the States the amounts
made available to carry out this subsection for that
fiscal year in accordance with subparagraph (B).
``(B) Distribution.--The amount for each State
shall be determined by multiplying the total amount
made available to carry out this subsection for the
applicable fiscal year by the ratio that--
``(i) the total base apportionment for the
State under section 104(c); bears to
``(ii) the total base apportionments for
all States under section 104(c).
``(2) Eligible activities.--
``(A) In general.--Except as provided in
subparagraph (B), a State shall use funds made
available under paragraph (1) to carry out activities
eligible under subparagraph (A), (B), or (C) of
subsection (d)(4).
``(B) Planning set-aside.--Of the amounts made
available to each State under paragraph (1) 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 made
available under paragraph (1) 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.
``(C) System resilience.--A project carried out by
a State with funds made available under this subsection
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 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.
``(D) Federal cost share.--
``(i) In general.--Except as provided in
subsection (f)(1), the Federal share of the
cost of a project carried out using funds made
available under paragraph (1) shall not exceed
80 percent of the total project cost.
``(ii) Non-federal share.--A State may use
Federal funds other than Federal funds made
available under this subsection 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
made available under paragraph (1) 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 made available under paragraph
(1), 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.--In carrying out this
subsection, a State--
``(i) may use not more than 25 percent of
the amounts made available under this
subsection for the construction of new
capacity; and
``(ii) may use not more than 10 percent of
the amounts made available under this
subsection for activities described in
subparagraph (E)(i)(I).
``(d) Competitive Awards.--
``(1) In general.--In addition to funds distributed to
States under subsection (c)(1), the Secretary shall provide
grants on a competitive basis under this subsection to eligible
entities described in paragraph (2).
``(2) Eligible entities.--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 (f)(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 infrastructure
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 enable
an existing surface transportation
infrastructure 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, 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
Federal Highway Administration
approved design standards;
``(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) a resilience project
that addresses identified
vulnerabilities described in
the resilience improvement plan
of the eligible entity, if
applicable;
``(gg) relocating roadways
in a base floodplain to higher
ground above projected flood
elevation levels, or away from
slide prone areas;
``(hh) stabilizing slide
areas or slopes;
``(ii) installing riprap;
``(jj) lengthening or
raising bridges to increase
waterway openings, including to
respond to extreme weather;
``(kk) deepening channels
to prevent flooding;
``(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; and
``(pp) 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
infrastructure 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 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 (f)(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 Secretary determines
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--
``(aa) new or redundant
evacuation routes, if the
Secretary determines that
existing evacuation routes are
not sufficient to adequately
facilitate evacuations,
including the transportation of
emergency responders and
recovery resources; or
``(bb) sheltering
facilities that are
functionally connected to an
eligible project;
``(V) is for the acquisition of
evacuation route or traffic incident
management equipment, vehicles, 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 shall
consult with the Administrator of the Federal
Emergency Management Agency, who shall provide
technical assistance to the Secretary and to
eligible entities.
``(C) At-risk coastal infrastructure grants.--
``(i) Definition of coastal state.--In this
subparagraph, the term `coastal State' means--
``(I) a State 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) the United States Virgin
Islands;
``(III) Guam;
``(IV) American Samoa; and
``(V) the Commonwealth of the
Northern Mariana Islands.
``(ii) Grants.--Using funds made available
under this subsection, the Secretary shall
provide at-risk coastal infrastructure grants
to eligible entities in coastal States 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, 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 (f)(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.--An eligible entity that
receives a grant under subparagraph (A), (B), or (C) of
paragraph (4)--
``(i) may use not more than 25 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).
``(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.
``(e) Consultation.--In carrying out the program, the Secretary
shall--
``(1) 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
``(2) solicit technical support from the Administrator of
the Federal Emergency Management Agency.
``(f) Resilience Improvement Plan and Lower Non-Federal Share.--
``(1) Federal share reductions.--
``(A) In general.--A State that receives funds
under subsection (c) 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 under subsection (c) 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;
``(B) shall demonstrate a systemic approach to
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--
``(i) 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;
``(ii) designate evacuation routes and
strategies, including multimodal facilities,
designated with consideration for individuals
without access to personal vehicles;
``(iii) 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;
``(iv) 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;
``(v) include an investment plan that--
``(I) includes a list of priority
projects; and
``(II) describes how funds provided
by a grant under the program would be
invested and matched, which shall not
be subject to fiscal constraint
requirements; and
``(vi) use science and data and indicate
the source of data and methodologies; and
``(D) 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 infrastructure 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 eligible entity 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.
``(g) Monitoring.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary, in consultation
with the officials described in subsection (e), shall--
``(A) establish, for the purpose of evaluating the
effectiveness and impacts of projects carried out under
the program--
``(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.
``(h) Reports.--
``(1) Reports from eligible entities.--Not later than 1
year after the date on which a project carried out under the
program is completed, the 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 received under the program.
``(2) Reports to congress.--
``(A) Annual reports.--The Secretary shall submit
to Congress, 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 the program;
``(ii) information relating to project
applications received;
``(iii) the manner in which the
consultation requirements were implemented
under this section;
``(iv) recommendations to improve the
administration of the program, including
whether assistance from additional or fewer
agencies to carry out the program is
appropriate;
``(v) the period required to disburse grant
funds to recipients 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 America's Transportation
Infrastructure Act of 2019, the Secretary shall submit
to Congress a report that includes the results of the
reports submitted under subparagraph (A).
``(i) Administrative Expenses.--The Secretary shall use not more
than 5 percent of the amounts made available to carry out the program
for each fiscal year for the costs of administering the program,
including monitoring and evaluation under subsection (g).''.
(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 178 the following:
``179. Promoting Resilient Operations for Transformative, Efficient,
and Cost-saving Transportation (PROTECT)
grant program.''.
SEC. 1408. DIESEL EMISSIONS REDUCTION.
(a) Reauthorization of Diesel Emissions Reduction Program.--Section
797(a) of the Energy Policy Act of 2005 (42 U.S.C. 16137(a)) is amended
by striking ``2016'' and inserting ``2024''.
(b) Recognizing Differences in Diesel Vehicle, Engine, Equipment,
and Fleet Use.--
(1) National grant, rebate, and loan programs.--Section
792(c)(4)(D) of the Energy Policy Act of 2005 (42 U.S.C.
16132(c)(4)(D)) is amended by inserting ``, recognizing
differences in typical vehicle, engine, equipment, and fleet
use throughout the United States'' before the semicolon.
(2) State grant, rebate, and loan programs.--Section
793(b)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16133(b)(1)) is amended--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon; and
(B) by adding at the end the following:
``(D) the recognition, for purposes of implementing
this section, of differences in typical vehicle,
engine, equipment, and fleet use throughout the United
States, including expected useful life; and''.
(c) Reallocation of Unused State Funds.--Section 793(c)(2)(C) of
the Energy Policy Act of 2005 (42 U.S.C. 16133(c)(2)(C)) is amended
beginning in the matter preceding clause (i) by striking ``to each
remaining'' and all that follows through ``this paragraph'' in clause
(ii) and inserting ``to carry out section 792''.
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 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 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 2021 through 2025.
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. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION PROGRAM.
Public Law 88-657 (16 U.S.C. 532 et seq.) (commonly known as the
``Forest Roads and Trails Act'') is amended by adding at the end the
following:
``SEC. 8. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION PROGRAM.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary, acting through the Chief of
the Forest Service, shall establish, and develop a national strategy to
carry out, a program, to be known as the `Forest Service Legacy Roads
and Trails Remediation Program', within the National Forest System, to
carry out critical maintenance and urgent repairs and improvements on
National Forest System roads, trails, and bridges.
``(b) Priority.--In implementing the program under this section,
the Secretary may give priority to any project that protects or
restores--
``(1) water quality;
``(2) a watershed that feeds a public drinking water
system;
``(3) important wildlife habitat, as determined by the
Secretary, in consultation with each affected State, including
habitat of threatened, endangered, or sensitive fish or
wildlife species; or
``(4) historic public access for authorized multiple uses
of National Forest System land in accordance with the Multiple-
Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.),
including grazing, recreation, hunting, fishing, forest
management, wildfire mitigation, and ecosystem restoration.
``(c) National Forest System.--Except as authorized under section
323 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 1011a), each project carried out
under this section shall be on a National Forest System road or trail.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
each of fiscal years 2021 through 2025, to remain available until
expended.''.
SEC. 1505. DISASTER RELIEF MOBILIZATION PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Local community.--The term ``local community'' means--
(A) a unit of local government;
(B) a political subdivision of a State or local
government;
(C) a metropolitan planning organization (as
defined in section 134(b) of title 23, United States
Code);
(D) a rural planning organization; or
(E) a Tribal government.
(2) Pilot program.--The term ``pilot program'' means the
pilot program established by the Secretary under subsection
(b).
(b) Establishment.--The Secretary shall establish and carry out a
pilot program under which the Secretary shall provide grants to local
communities to develop disaster preparedness and disaster response
plans that include the use of bicycles.
(c) Application and Selection Requirements.--
(1) Partnerships.--To be eligible to receive a grant under
the pilot program, a local community shall demonstrate plans to
enter into a partnership with--
(A) 1 or more nonprofit community organizations
active in disaster relief or community development; or
(B) 1 or more bicycle or pedestrian advocacy
organizations.
(2) Application.--To be eligible to receive a grant under
the pilot program, a local community shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including an identification of each nonprofit community
organization and bicycle or pedestrian advocacy organization
with which the local community plans to establish a partnership
under paragraph (1).
(3) Selection.--For each fiscal year, the Secretary shall
select not fewer than 4, and not more than 10, local
communities that meet the eligibility requirements to receive a
grant under the pilot program.
(d) Maximum Amount.--The maximum amount of a grant under the pilot
program shall be $125,000.
(e) Use of Funds.--
(1) Vulnerability assessment.--
(A) In general.--Each recipient of a grant under
the pilot program shall carry out a vulnerability
assessment of the current infrastructure of the
applicable community that supports active
transportation, including bicycling, walking, and
personal mobility devices, with a particular focus on
areas in the local community that--
(i) have low levels of vehicle ownership;
and
(ii) lack sufficient active transportation
infrastructure routes to public transportation.
(B) Public participation.--In carrying out the
vulnerability assessment under subparagraph (A), a
grant recipient shall--
(i) provide an opportunity for public
participation and feedback; and
(ii) consider public feedback in developing
or modifying response plans under paragraph
(2).
(2) Disaster preparedness and disaster response plans.--
Each recipient of a grant under the pilot program shall develop
or modify, as applicable, disaster preparedness and disaster
response plans to include the use of bicycles by first
responders, emergency workers, and community organization
representatives--
(A) 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
(B) 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--
(I) water;
(II) food;
(III) first aid and other medical
supplies; and
(IV) power sources and electric
supplies, such as cell phones, radios,
lights, and batteries;
(iii) to reach individuals who are in need
of the items described in clause (ii); and
(iv) to assist with other disaster relief
tasks, as appropriate.
(3) Preparedness training, exercises, and equipment.--Each
recipient of a grant under the pilot program shall--
(A) provide training for first responders,
emergency workers, and community organization
representatives regarding--
(i) competent bicycle skills, including the
use of cargo bicycles and electric bicycles, as
applicable;
(ii) basic bicycle maintenance; and
(iii) methods to use bicycles to carry out
the activities described in subparagraphs (A)
and (B) of paragraph (2);
(B) conduct exercises for the purpose of--
(i) exercising the skills described in
subparagraph (A); and
(ii) maintaining bicycles and related
equipment; and
(C) provide bicycles, as necessary and appropriate,
to each community organization acting in partnership
with the recipient to allow representatives of the
organization to assist in disaster preparedness and
disaster response efforts.
(f) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report that--
(1) describes the activities carried out under the pilot
program;
(2) analyzes the effectiveness of the pilot program; and
(3) includes recommendations, if any, regarding methods by
which to incorporate bicycles into disaster preparedness and
disaster response plans in other communities.
SEC. 1506. APPALACHIAN REGIONAL DEVELOPMENT.
(a) Definition of Appalachian Region, North Carolina.--Section
14102(a)(1)(G) of title 40, United States Code, is amended--
(1) by inserting ``Catawba,'' after ``Caldwell,''; and
(2) by inserting ``Cleveland,'' after ``Clay,''.
(b) Appalachian Regional Commission Planning Processes.--
(1) Membership.--Section 14301(b)(2) of title 40, United
States Code, is amended--
(A) in the second sentence, by striking
``President,,'' and inserting ``President''; and
(B) by striking the fourth sentence.
(2) Decisions.--
(A) In general.--Section 14302 of title 40, United
States Code, is amended--
(i) in subsection (a), by inserting after
``Appalachian Regional Commission'' the
following: ``involving Appalachian Regional
Commission policy, the approval of State,
regional, or subregional development plans or
strategy statements, the modification or
revision of the Appalachian Regional Commission
Code, the allocation of amounts among the
States, or designation of a distressed county,
an at-risk county, or an economically strong
county'';
(ii) by striking subsection (c); and
(iii) by redesignating subsection (d) as
subsection (c).
(B) Conforming amendment.--Section 14301(d)(1) of
title 40, United States Code, is amended by striking
``section 14302(c) and (d)'' and inserting
``subsections (a) and (c) of section 14302''.
(3) Meetings.--Section 14307 of title 40, United States
Code, is amended to read as follows:
``Sec. 14307. Meetings
``The Appalachian Regional Commission may conduct meetings by
electronic means as the Appalachian Regional Commission considers
advisable, including meetings to decide matters requiring an
affirmative vote.''.
(c) 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 storage and associated pipelines.
``(b) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section--
``(1) not more than 50 percent may be provided from amounts
made available to carry out this section;
``(2) in the case of a project 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 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
inserting after the item relating to section 14510 the
following:
``14511. Appalachian regional energy hub initiative.''.
(d) Authorizations.--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 ``through 2020.''
and inserting ``through 2020; and''; and
(C) by adding at the end the following:
``(6) $180,000,000 for each of fiscal years 2021 through
2025.'';
(2) in subsection (c)--
(A) by striking ``$10,000,000'' and inserting
``$20,000,000''; and
(B) by striking ``2020'' and inserting ``2025'';
(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 2021 through 2025.''.
(e) Termination.--Section 14704 of title 40, United States Code, is
amended by striking ``2020'' and inserting ``2025''.
SEC. 1507. 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
(16) 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. 1508. COMMUNITY CONNECTIVITY 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--
(1) to study the feasibility and impacts of removing an
existing eligible facility;
(2) to conduct planning activities necessary to design a
project to remove an existing eligible facility; and
(3) to conduct construction activities necessary to carry
out a project to remove 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 an eligible facility, including evaluations
of--
(i) current traffic patterns on the
eligible facility proposed for removal 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 of the
eligible facility on the mobility of freight
and people;
(v) the effect of the removal of the
eligible facility on the safety of the
traveling public;
(vi) the cost to remove the eligible
facility and 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 and converting the eligible facility
and any economic development opportunities that
would be created by removing 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 an existing
eligible facility, 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
the eligible facility, 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 of an eligible facility; and
(B) the replacement of an eligible facility with a
new facility that 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 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 pilot program.--Not later than January
1, 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 that evaluates the pilot 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 2021 through 2025 to
provide technical assistance under subsection (c)(3).
SEC. 1509. REPEAL OF RESCISSION.
(a) In General.--Section 1438 of the FAST Act (Public Law 114-94;
129 Stat. 1432) is repealed.
(b) 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 1438.
SEC. 1510. FEDERAL INTERAGENCY WORKING GROUP FOR CONVERSION OF FEDERAL
FLEET TO HYBRID-ELECTRIC VEHICLES, ELECTRIC VEHICLES, AND
ALTERNATIVE FUELED VEHICLES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Chair of the Council on Environmental Quality shall
coordinate and chair a Federal interagency working group to develop a
strategy to transition the vehicle fleets of the respective Federal
agencies to hybrid-electric vehicles, plug-in electric drive vehicles,
and alternative fueled vehicles (as defined in section 301 of the
Energy Policy Act of 1992 (42 U.S.C. 13211)), to the maximum extent
practicable.
(b) Goals.--The goals of the interagency working group established
under subsection (a) are--
(1) to ensure that the Federal vehicle fleet is at the
leading edge of transitioning to clean energy sources; and
(2) to develop targets for each year such that the total
number of vehicles purchased for the Federal fleet in the
applicable year includes a percentage of hybrid-electric
vehicles, plug-in electric drive vehicles, and alternative
fueled vehicles that is not less than the percentage of hybrid-
electric vehicles, plug-in electric drive vehicles, and
alternative fueled vehicles purchased in the United States in
the previous year.
(c) Requirement.--In developing the strategy under subsection (a),
the interagency working group established under that subsection shall
consider--
(1) cost-effectiveness; and
(2) the types of vehicles that are appropriate to the
mission of each Federal agency.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Federal interagency working
group 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 progress made
toward implementing the strategy developed under subsection (a).
SEC. 1511. 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. 1512. STUDY ON MOST EFFECTIVE UPGRADES TO ROADWAY INFRASTRUCTURE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall offer to enter into an agreement with
the Transportation Research Board of the National Academies of
Sciences, Engineering, and Medicine to conduct a study--
(1) to identify specific immediate and specific long-term
types of improvements to roadway infrastructure that would
benefit the largest segment of road users, autonomous vehicles,
and automated driving systems; and
(2) to examine how best to achieve uniformity in roadway
infrastructure to facilitate the safe deployment of autonomous
vehicles and automated driving systems.
(b) Recommendations.--The study conducted under subsection (a)
shall include recommendations to Congress relating to the matters
studied under paragraphs (1) and (2) of that subsection.
(c) Public Comment.--Before entering into an agreement under
subsection (a), the Secretary shall provide an opportunity for public
comment on the study proposal.
(d) Report.--If the Transportation Research Board enters into the
agreement under subsection (a), to the maximum extent practicable, not
later than 2 years after the date of enactment of this Act, the
Secretary shall submit to Congress the study conducted under that
subsection.
SEC. 1513. STUDY ON VEHICLE-TO-INFRASTRUCTURE COMMUNICATION TECHNOLOGY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall offer to enter into an agreement with
the Transportation Research Board of the National Academy of Sciences,
Engineering, and Medicine to conduct a study to identify immediate and
long-term safety benefits of--
(1) vehicle-to-infrastructure connectivity technologies;
and
(2) technologies that would allow motor vehicles and
roadway infrastructure to communicate using dedicated short-
range communications and related safety applications.
(b) Contents.--The study conducted under subsection (a) shall
include--
(1) recommendations to Congress on specific improvements to
roadway infrastructure that would be needed to facilitate the
implementation of--
(A) technologies that would allow motor vehicles
and roadway infrastructure to communicate using
dedicated short-range communications; and
(B) other vehicle-to-infrastructure connectivity
technologies; and
(2) an evaluation of the safety, mobility, and
environmental impacts resulting from a delay of the adoption of
proven dedicated short-range communication technologies for
vehicle-to-infrastructure communication.
(c) Public Comment.--Before entering into an agreement under
subsection (a), the Secretary shall provide an opportunity for public
comment on the study proposal.
(d) Report.--If the Transportation Research Board enters into the
agreement under subsection (a), to the maximum extent practicable, not
later than 2 years after the date of enactment of this Act, the
Secretary shall submit to Congress the study conducted under this
section.
SEC. 1514. 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. 1515. 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. 1516. REPORT ON DATA-DRIVEN INFRASTRUCTURE TRAFFIC SAFETY
IMPROVEMENTS.
The Administrator of the Federal Highway Administration shall--
(1) conduct a study to identify data-driven infrastructure
traffic safety improvements for priority focus areas identified
by the Administrator, including improvements that would benefit
older drivers, teenage drivers, commercial drivers, and other
vulnerable drivers;
(2) on completion of the study under paragraph (1), 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--
(A) describes the results of the study; and
(B) includes recommendations for data-driven
infrastructure traffic safety improvements that could
be implemented; and
(3) based on the results of the study, promote the use of
the data-driven infrastructure traffic safety improvements
recommended under paragraph (2)(B).
SEC. 1517. 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; 131 Stat. 797) is amended by adding at the end the
following:
``(91) 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.
``(92) The Wendell H. Ford (Western Kentucky) Parkway from
the interchange with the William H. Natcher Parkway in Ohio
County, Kentucky, west to the interchange of the Western
Kentucky Parkway with the Edward T. Breathitt (Pennyrile)
Parkway.
``(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.''.
(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; 131 Stat. 797) is amended in the first
sentence by striking ``and subsection (c)(90)'' and inserting
``subsection (c)(90), subsection (c)(91), subsection (c)(92),
subsection (c)(93)(A), subsection (c)(94), and subsection (c)(95)''.
(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; 126 Stat. 426; 131 Stat. 797) is amended by
adding at the end the following: ``The route referred to in subsection
(c)(92) is designated as Interstate Route I-569.''.
(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 a route described in
paragraph (91) or (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 segments are 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 each State in
which an applicable segment is located;
(ii) describe any impacts on safety and
infrastructure on the applicable segments;
(iii) describe any view of the State
highway agency (or equivalent agency) in each
State in which an applicable segment is located
on the impact of the applicable segment; and
(iv) focus only on the applicable segments.
SEC. 1518. 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 ``clause (i) or (ii)'' and
inserting ``clauses (i) through (iv)''; and
(B) by adding at the end the following:
``(iii) The Wendell H. Ford (Western
Kentucky) Parkway (to be designated as a spur
of Interstate Route 69) from the interchange
with the William H. Natcher Parkway in Ohio
County, Kentucky, west to the interchange of
the Western Kentucky Parkway with the Edward T.
Breathitt (Pennyrile) Parkway.
``(iv) The Edward T. Breathitt Parkway (to
be designated as a spur of Interstate Route 69)
from Interstate 24 to Interstate 69.''; 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).''.
SEC. 1519. INTERSTATE EXEMPTION.
Notwithstanding section 111 of title 23, United States Code, if the
segment of highway described in paragraph (92) 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, any commercial establishment operating legally in a rest area
on that segment before the date of that designation may continue to
operate in the Interstate right-of-way, subject to the Interstate
access standards established under section 111 of that title.
SEC. 1520. 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. 1521. ROADSIDE HIGHWAY SAFETY HARDWARE.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall implement 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. 1522. 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) available to States and units
of local government.
SEC. 1523. 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. 1524. 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 1508.4 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. 1525. SENSE OF SENATE RELATING TO OFFSETS.
It is the sense of the Senate that--
(1) the Highway Trust Fund shall achieve long-term solvency
through user fees; and
(2) any spending beyond current Highway Trust Fund revenues
and balances during the reauthorization period under this Act
shall be fully offset.
SEC. 1526. 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. 1527. 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. 1528. 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 2021 through 2025.
SEC. 1529. 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. 1530. 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. 1531. 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 142 of title 23, United States Code, is amended by
striking subsection (i).
(k) Section 148(i)(2)(D) of title 23, United States Code, is
amended by striking ``safety safety'' and inserting ``safety''.
(l) 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''.
(m) 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.)''.
(n) 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''.
(o) 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''.
(p) 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)''.
(q) Section 217(d) of title 23, United States Code, is amended by
striking ``104(b)(3)'' and inserting ``104(b)(4)''.
(r) 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''.
(s) Section 325 of title 23, United States Code, is repealed.
(t) Section 504(g)(6) of title 23, United States Code, is amended
by striking ``make grants or to'' and inserting ``make grants to''.
(u) The analysis for chapter 3 of title 23, United States Code, is
amended by striking the item relating to section 325.
SEC. 1532. 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 Administrator of the Federal Highway Administration
(referred to in this section as the ``Administrator'') 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 Administrator
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 Administrator 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 Administrator shall consider and incorporate relevant current and
ongoing research of the Department.
(e) Consultation.--In carrying out the study under subsection (a),
the Administrator 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 Administrator 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.
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) by redesignating paragraphs (1) through (22) as
paragraphs (2) through (23), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Administratively allocated.--The term
`administratively allocated' means the allocation by the
Secretary of budget authority for a project under the TIFIA
program that occurs when--
``(A) a potential applicant has been invited into
the creditworthiness phase for a project under the
TIFIA program; or
``(B) the project is subject to a master credit
agreement, in accordance with section 602(b)(2).'';
(3) in subparagraph (E) of paragraph (11) (as so
redesignated), by striking ``3 years'' and inserting ``5
years''; and
(4) in paragraph (13) (as so redesignated)--
(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, 2025, 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, 2024, 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) of title 23, United States Code,
is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(iv)--
(i) by striking ``a rating'' and inserting
``an investment-grade rating''; and
(ii) by striking ``$75,000,000'' and
inserting ``$150,000,000''; and
(B) in subparagraph (B)--
(i) by striking ``the senior debt'' and
inserting ``senior debt''; and
(ii) 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''; and
(2) in paragraph (5)(B)(ii), by striking ``section
601(a)(12)(E)'' and inserting ``section 601(a)(13)(E)''.
(c) 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.''.
(d) 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 America's Transportation Infrastructure
Act of 2019, 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.''.
(e) 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)(3)(A)''.
(f) 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.''.
(g) 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)(13)(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)(13)(G)--
``(i) for each fiscal year, not more than
15 percent of the amounts made available to
carry out the TIFIA program under the America's
Transportation Infrastructure Act of 2019 for
that fiscal year; and
``(ii) for the period of fiscal years 2021
through 2025, not more than 15 percent of the
unobligated carryover balances (as of October
1, 2020) made available to carry out the TIFIA
program, less the total amount administratively
allocated by the Secretary as of that date.'';
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 2021 through 2025 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)''.
(h) 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.''.
(i) 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 2021
through 2025'';
(B) in paragraph (2), by striking ``fiscal years
2016 through 2020'' and inserting ``fiscal years 2021
through 2025''; and
(C) in paragraph (3), by striking ``fiscal years
2016 through 2020'' and inserting ``fiscal years 2021
through 2025''; and
(2) in subsection (k), by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2021 through
2025''.
(j) Report.--Not later than September 30, 2024, 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)(4)(C) and subsection
(g)(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. SURFACE TRANSPORTATION SYSTEM FUNDING ALTERNATIVES.
(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 to maintain the long-term solvency of the Highway
Trust Fund, through pilot projects at the State, regional, and national
level.
(b) State Grants.--
(1) In general.--The Secretary shall provide grants to
States and groups of States to carry out pilot projects under
this subsection.
(2) Applications.--To be eligible for a grant under this
subsection, a State or group of States 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 the
activities carried out using funds provided under this
subsection 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.
(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 third-party vendors, for the collection of data
and road usage fees, 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 road
usage fees or other 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 transportation system.
(4) Use of funds.--A State or group of States that receives
a grant under this subsection shall use the grant to carry out
activities to address the objectives described in paragraph
(3).
(5) Consideration.--The Secretary shall consider geographic
diversity in awarding grants under this subsection.
(6) Federal share.--The Federal share of the cost of an
activity carried out under this subsection may not exceed 70
percent of the total cost of the activity.
(c) National Research Program.--
(1) In general.--The Secretary shall carry out a research
program to develop and test the feasibility of a nationwide
alternative roadway funding mechanism to expand Federal funding
for highway improvements.
(2) Consultation.--In conducting the research program under
this subsection, the Secretary shall coordinate with--
(A) appropriate State and Federal agencies; and
(B) the Federal System Funding Alternative Advisory
Board established under subsection (d).
(3) Participants.--The research program under this
subsection shall include voluntary participation by drivers or
owners of commercial vehicles from a diversity of States and
vehicle classes.
(4) Objectives.--The Secretary shall ensure that the
research program under this subsection is designed to meet the
following objectives:
(A) To evaluate the cost and feasibility of
implementing a nationwide alternative roadway funding
mechanism.
(B) To evaluate options for deployment of a
nationwide alternative roadway funding mechanism,
including options for--
(i) collection and enforcement mechanisms;
(ii) protection of privacy and data
security; and
(iii) the structure for the implementation
of a potential future nationwide program.
(C) To evaluate the impacts of the imposition of a
nationwide alternative roadway funding mechanism on--
(i) transportation revenues;
(ii) personal mobility, driving patterns,
and transportation costs; and
(iii) freight movement and costs.
(D) To evaluate options for the integration of a
nationwide alternative roadway funding mechanism with--
(i) State-based transportation revenue
collections and regulations;
(ii) toll revenue collection platforms;
(iii) transportation network company fees;
and
(iv) any other relevant transportation
revenue mechanisms.
(5) Savings provision.--
(A) In general.--Except as provided in subparagraph
(B), nothing in this subsection authorizes the
Secretary to impose a Federal road usage fee.
(B) Exclusion.--As part of the research program
under this subsection, the Secretary may test
collection mechanisms for a nationwide alternative
roadway funding mechanism, which may include the
imposition on voluntary participants of fees that are--
(i)(I) for testing purposes only; and
(II) refunded to the pilot participant in a
timely manner; or
(ii) commensurate, on net, with incentives
provided for participation in the research
program.
(d) Federal System Funding Alternative Advisory Board.--
(1) In general.--The Secretary shall establish an advisory
board, to be known as the ``Federal System Funding Alternative
Advisory Board'' (referred to in this subsection as the
``advisory board''), to assist with--
(A) advancing and implementing the national
research program under subsection (c); and
(B) developing the recommendations and reports
under subsection (f).
(2) Members.--The advisory board shall, at a minimum, be
composed of representatives of the following entities, to be
appointed by the Secretary:
(A) State departments of transportation.
(B) Local transportation agencies located within a
transportation management area (as identified or
designated under section 134(k) of title 23, United
States Code).
(C) 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).
(D) Owners and operators of toll facilities.
(E) Fleet operators of light-duty and heavy-duty
vehicles.
(e) 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.
(f) 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 subsection (d) shall submit to
Congress a report that--
(1) summarizes the results of the State pilot projects
under subsection (b) and the national research program under
subsection (c); and
(2) provides recommendations, if applicable, to enable
potential implementation of a nationwide alternative roadway
funding mechanism.
(g) 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 2021 through 2025--
(A) $15,000,000 shall be used for State pilot
projects under subsection (b); and
(B) $10,000,000 shall be used for the national
research program under subsection (c).
(2) Excess funds.--
(A) Excess state pilot project funds.--Any excess
funds remaining after making grants for State pilot
projects under subsection (b) shall be available for
the national research program under subsection (c).
(B) Excess national research program funds.--Any
excess funds remaining after carrying out the national
research program under subsection (c) shall be
available to make grants for State pilot projects under
subsection (b).
(h) 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. 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 2021 through 2025''.
SEC. 3003. 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 2021 through 2025, to remain available until expended.
SEC. 3004. 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 2021 through 2025, to remain available until expended.
SEC. 3005. 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 America's
Transportation Infrastructure Act of 2019, 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
2021 through 2025''; 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 2021
through 2025, 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; or''; and
(F) in clause (xiv) (as so redesignated)--
(i) by striking ``and access'' and
inserting ``, access, and on-demand
transportation service''; and
(ii) by inserting ``and other shared-use
mobility applications'' after ``ridesharing'';
(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 2021 through
2025''; and
(10) 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 America's Transportation
Infrastructure Act of 2019, 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 Initiative 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. 3006. 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. 3007. 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''.
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 2021;
(2) $52,000,000 for fiscal year 2022;
(3) $54,000,000 for fiscal year 2023;
(4) $56,000,000 for fiscal year 2024; and
(5) $58,000,000 for fiscal year 2025.
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 Committee on
Indian Affairs of the Senate and the Committee on Natural
Resources 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. 170
116th CONGRESS
1st Session
S. 2302
_______________________________________________________________________
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.
_______________________________________________________________________
August 1, 2019
Reported with an amendment