H.R.3684 - Infrastructure Investment and Jobs Act117th Congress (2021-2022) |
| Sponsor: | Rep. DeFazio, Peter A. [D-OR-4] (Introduced 06/04/2021) |
|---|---|
| Committees: | House - Transportation and Infrastructure |
| Committee Meetings: | 03/15/22 2:30PM 06/09/21 10:00AM |
| Committee Reports: | H. Rept. 117-70; H. Rept. 117-70,Part 2 |
| Committee Prints: | H.Prt. 117-8, H.Prt. 117-9 |
| Latest Action: | 11/15/2021 Became Public Law No: 117-58. (TXT | PDF) (All Actions) |
| Roll Call Votes: | There have been 35 roll call votes |
| Tracker: Tip | This bill has the status Became Law Here are the steps for Status of Legislation:
|
Subject — Policy Area:
- Transportation and Public Works
- View subjects
Give Feedback on This Bill
Text: H.R.3684 — 117th Congress (2021-2022)All Information (Except Text)
Text available as:
- TXT
- PDF (3MB)
Shown Here:
Public Law No: 117-58 (11/15/2021)
[117th Congress Public Law 58]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 429]]
Public Law 117-58
117th Congress
An Act
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <> Short Title.--This Act may be cited
as the ``Infrastructure Investment and Jobs Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
DIVISION A--SURFACE TRANSPORTATION
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Effective date.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 11101. Authorization of appropriations.
Sec. 11102. Obligation ceiling.
Sec. 11103. Definitions.
Sec. 11104. Apportionment.
Sec. 11105. National highway performance program.
Sec. 11106. Emergency relief.
Sec. 11107. Federal share payable.
Sec. 11108. Railway-highway grade crossings.
Sec. 11109. Surface transportation block grant program.
Sec. 11110. Nationally significant freight and highway projects.
Sec. 11111. Highway safety improvement program.
Sec. 11112. Federal lands transportation program.
Sec. 11113. Federal lands access program.
Sec. 11114. National highway freight program.
Sec. 11115. Congestion mitigation and air quality improvement program.
Sec. 11116. Alaska Highway.
Sec. 11117. Toll roads, bridges, tunnels, and ferries.
Sec. 11118. Bridge investment program.
Sec. 11119. Safe routes to school.
Sec. 11120. Highway use tax evasion projects.
Sec. 11121. Construction of ferry boats and ferry terminal facilities.
Sec. 11122. Vulnerable road user research.
Sec. 11123. Wildlife crossing safety.
Sec. 11124. Consolidation of programs.
Sec. 11125. GAO report.
Sec. 11126. Territorial and Puerto Rico highway program.
Sec. 11127. Nationally significant Federal lands and Tribal projects
program.
Sec. 11128. Tribal high priority projects program.
Sec. 11129. Standards.
Sec. 11130. Public transportation.
[[Page 135 STAT. 430]]
Sec. 11131. Reservation of certain funds.
Sec. 11132. Rural surface transportation grant program.
Sec. 11133. Bicycle transportation and pedestrian walkways.
Sec. 11134. Recreational trails program.
Sec. 11135. Updates to Manual on Uniform Traffic Control Devices.
Subtitle B--Planning and Performance Management
Sec. 11201. Transportation planning.
Sec. 11202. Fiscal constraint on long-range transportation plans.
Sec. 11203. State human capital plans.
Sec. 11204. Prioritization process pilot program.
Sec. 11205. Travel demand data and modeling.
Sec. 11206. Increasing safe and accessible transportation options.
Subtitle C--Project Delivery and Process Improvement
Sec. 11301. Codification of One Federal Decision.
Sec. 11302. Work zone process reviews.
Sec. 11303. Transportation management plans.
Sec. 11304. Intelligent transportation systems.
Sec. 11305. Alternative contracting methods.
Sec. 11306. Flexibility for projects.
Sec. 11307. Improved Federal-State stewardship and oversight agreements.
Sec. 11308. Geomatic data.
Sec. 11309. Evaluation of projects within an operational right-of-way.
Sec. 11310. Preliminary engineering.
Sec. 11311. Efficient implementation of NEPA for Federal land management
projects.
Sec. 11312. National Environmental Policy Act of 1969 reporting program.
Sec. 11313. Surface transportation project delivery program written
agreements.
Sec. 11314. State assumption of responsibility for categorical
exclusions.
Sec. 11315. Early utility relocation prior to transportation project
environmental review.
Sec. 11316. Streamlining of section 4(f) reviews.
Sec. 11317. Categorical exclusion for projects of limited Federal
assistance.
Sec. 11318. Certain gathering lines located on Federal land and Indian
land.
Sec. 11319. Annual report.
Subtitle D--Climate Change
Sec. 11401. Grants for charging and fueling infrastructure.
Sec. 11402. Reduction of truck emissions at port facilities.
Sec. 11403. Carbon reduction program.
Sec. 11404. Congestion relief program.
Sec. 11405. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation (PROTECT) program.
Sec. 11406. Healthy Streets program.
Subtitle E--Miscellaneous
Sec. 11501. Additional deposits into Highway Trust Fund.
Sec. 11502. Stopping threats on pedestrians.
Sec. 11503. Transfer and sale of toll credits.
Sec. 11504. Study of impacts on roads from self-driving vehicles.
Sec. 11505. Disaster relief mobilization study.
Sec. 11506. Appalachian Regional Commission.
Sec. 11507. Denali Commission.
Sec. 11508. Requirements for transportation projects carried out through
public-private partnerships.
Sec. 11509. Reconnecting communities pilot program.
Sec. 11510. Cybersecurity tool; cyber coordinator.
Sec. 11511. Report on emerging alternative fuel vehicles and
infrastructure.
Sec. 11512. Nonhighway recreational fuel study.
Sec. 11513. Buy America.
Sec. 11514. High priority corridors on the National Highway System.
Sec. 11515. Interstate weight limits.
Sec. 11516. Report on air quality improvements.
Sec. 11517. Roadside highway safety hardware.
Sec. 11518. Permeable pavements study.
Sec. 11519. Emergency relief projects.
Sec. 11520. Study on stormwater best management practices.
Sec. 11521. Stormwater best management practices reports.
Sec. 11522. Invasive plant elimination program.
Sec. 11523. Over-the-road bus tolling equity.
[[Page 135 STAT. 431]]
Sec. 11524. Bridge terminology.
Sec. 11525. Technical corrections.
Sec. 11526. Working group on covered resources.
Sec. 11527. Blood transport vehicles.
Sec. 11528. Pollinator-friendly practices on roadsides and highway
rights-of-way.
Sec. 11529. Active transportation infrastructure investment program.
Sec. 11530. Highway cost allocation study.
TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
Sec. 12001. Transportation Infrastructure Finance and Innovation Act of
1998 amendments.
Sec. 12002. Federal requirements for TIFIA eligibility and project
selection.
TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION
Sec. 13001. Strategic innovation for revenue collection.
Sec. 13002. National motor vehicle per-mile user fee pilot.
Sec. 13003. Performance management data support program.
Sec. 13004. Data integration pilot program.
Sec. 13005. Emerging technology research pilot program.
Sec. 13006. Research and technology development and deployment.
Sec. 13007. Workforce development, training, and education.
Sec. 13008. Wildlife-vehicle collision research.
Sec. 13009. Transportation Resilience and Adaptation Centers of
Excellence.
Sec. 13010. Transportation access pilot program.
TITLE IV--INDIAN AFFAIRS
Sec. 14001. Definition of Secretary.
Sec. 14002. Environmental reviews for certain tribal transportation
facilities.
Sec. 14003. Programmatic agreements for tribal categorical exclusions.
Sec. 14004. Use of certain tribal transportation funds.
Sec. 14005. Bureau of Indian Affairs road maintenance program.
Sec. 14006. Study of road maintenance on Indian land.
Sec. 14007. Maintenance of certain Indian reservation roads.
Sec. 14008. Tribal transportation safety needs.
Sec. 14009. Office of Tribal Government Affairs.
DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
Sec. 20001. Short title.
Sec. 20002. Definitions.
TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION
Subtitle A--Multimodal Freight Policy
Sec. 21101. Office of Multimodal Freight Infrastructure and Policy.
Sec. 21102. Updates to National Freight Plan.
Sec. 21103. State collaboration with National Multimodal Freight
Network.
Sec. 21104. Improving State freight plans.
Sec. 21105. Implementation of National Multimodal Freight Network.
Sec. 21106. Multi-State freight corridor planning.
Sec. 21107. State freight advisory committees.
Subtitle B--Multimodal Investment
Sec. 21201. National infrastructure project assistance.
Sec. 21202. Local and regional project assistance.
Sec. 21203. National culvert removal, replacement, and restoration grant
program.
Sec. 21204. National multimodal cooperative freight research program.
Sec. 21205. Rural and Tribal infrastructure advancement.
Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms
Sec. 21301. RRIF codification and reforms.
Sec. 21302. Substantive criteria and standards.
Sec. 21303. Semiannual report on transit-oriented development
eligibility.
TITLE II--RAIL
Sec. 22001. Short title.
Subtitle A--Authorization of Appropriations
Sec. 22101. Grants to Amtrak.
[[Page 135 STAT. 432]]
Sec. 22102. Federal Railroad Administration.
Sec. 22103. Consolidated rail infrastructure and safety improvements
grants.
Sec. 22104. Railroad crossing elimination program.
Sec. 22105. Restoration and enhancement grants.
Sec. 22106. Federal-State partnership for intercity passenger rail
grants.
Sec. 22107. Amtrak Office of Inspector General.
Subtitle B--Amtrak Reforms
Sec. 22201. Amtrak findings, mission, and goals.
Sec. 22202. Composition of Amtrak's Board of Directors.
Sec. 22203. Station agents.
Sec. 22204. Increasing oversight of changes to Amtrak long-distance
routes and other intercity services.
Sec. 22205. Improved oversight of Amtrak accounting.
Sec. 22206. Improved oversight of Amtrak spending.
Sec. 22207. Increasing service line and asset line plan transparency.
Sec. 22208. Passenger experience enhancement.
Sec. 22209. Amtrak smoking policy.
Sec. 22210. Protecting Amtrak routes through rural communities.
Sec. 22211. State-Supported Route Committee.
Sec. 22212. Enhancing cross border service.
Sec. 22213. Creating quality jobs.
Sec. 22214. Amtrak daily long-distance service study.
Subtitle C--Intercity Passenger Rail Policy
Sec. 22301. Northeast Corridor planning.
Sec. 22302. Northeast Corridor Commission.
Sec. 22303. Consolidated rail infrastructure and safety improvements.
Sec. 22304. Restoration and enhancement grants.
Sec. 22305. Railroad crossing elimination program.
Sec. 22306. Interstate rail compacts.
Sec. 22307. Federal-State partnership for intercity passenger rail
grants.
Sec. 22308. Corridor identification and development program.
Sec. 22309. Surface Transportation Board passenger rail program.
Subtitle D--Rail Safety
Sec. 22401. Railway-highway crossings program evaluation.
Sec. 22402. Grade crossing accident prediction model.
Sec. 22403. Periodic updates to highway-rail crossing reports and plans.
Sec. 22404. Blocked crossing portal.
Sec. 22405. Data accessibility.
Sec. 22406. Emergency lighting.
Sec. 22407. Comprehensive rail safety review of Amtrak.
Sec. 22408. Completion of hours of service and fatigue studies.
Sec. 22409. Positive train control study.
Sec. 22410. Operating crew member training, qualification, and
certification.
Sec. 22411. Transparency and safety.
Sec. 22412. Research and development.
Sec. 22413. Rail research and development center of excellence.
Sec. 22414. Quarterly report on positive train control system
performance.
Sec. 22415. Speed limit action plans.
Sec. 22416. New passenger service pre-revenue safety validation plan.
Sec. 22417. Federal Railroad Administration accident and incident
investigations.
Sec. 22418. Civil penalty enforcement authority.
Sec. 22419. Advancing safety and innovative technology.
Sec. 22420. Passenger rail vehicle occupant protection systems.
Sec. 22421. Federal Railroad Administration reporting requirements.
Sec. 22422. National Academies study on trains longer than 7,500 feet.
Sec. 22423. High-speed train noise emissions.
Sec. 22424. Critical incident stress plans.
Sec. 22425. Requirements for railroad freight cars placed into service
in the United States.
Sec. 22426. Railroad point of contact for public safety issues.
Sec. 22427. Controlled substances testing for mechanical employees.
TITLE III--MOTOR CARRIER SAFETY
Sec. 23001. Authorization of appropriations.
Sec. 23002. Motor carrier safety advisory committee.
Sec. 23003. Combating human trafficking.
Sec. 23004. Immobilization grant program.
Sec. 23005. Commercial motor vehicle enforcement training and support.
[[Page 135 STAT. 433]]
Sec. 23006. Study of commercial motor vehicle crash causation.
Sec. 23007. Promoting women in the trucking workforce.
Sec. 23008. State inspection of passenger-carrying commercial motor
vehicles.
Sec. 23009. Truck Leasing Task Force.
Sec. 23010. Automatic emergency braking.
Sec. 23011. Underride protection.
Sec. 23012. Providers of recreational activities.
Sec. 23013. Amendments to regulations relating to transportation of
household goods in interstate commerce.
Sec. 23014. Improving Federal-State motor carrier safety enforcement
coordination.
Sec. 23015. Limousine research.
Sec. 23016. National Consumer Complaint Database.
Sec. 23017. Electronic logging device oversight.
Sec. 23018. Transportation of agricultural commodities and farm
supplies.
Sec. 23019. Modification of restrictions on certain commercial driver's
licenses.
Sec. 23020. Report on human trafficking violations involving commercial
motor vehicles.
Sec. 23021. Broker guidance relating to Federal motor carrier safety
regulations.
Sec. 23022. Apprenticeship pilot program.
Sec. 23023. Limousine compliance with Federal safety standards.
TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Highway Traffic Safety
Sec. 24101. Authorization of appropriations.
Sec. 24102. Highway safety programs.
Sec. 24103. Highway safety research and development.
Sec. 24104. High-visibility enforcement programs.
Sec. 24105. National priority safety programs.
Sec. 24106. Multiple substance-impaired driving prevention.
Sec. 24107. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 24108. Crash data.
Sec. 24109. Review of Move Over or Slow Down Law public awareness.
Sec. 24110. Review of laws, safety measures, and technologies relating
to school buses.
Sec. 24111. Motorcyclist Advisory Council.
Sec. 24112. Safe Streets and Roads for All grant program.
Sec. 24113. Implementation of GAO recommendations.
Subtitle B--Vehicle Safety
Sec. 24201. Authorization of appropriations.
Sec. 24202. Recall completion.
Sec. 24203. Recall engagement.
Sec. 24204. Motor vehicle seat back safety standards.
Sec. 24205. Automatic shutoff.
Sec. 24206. Petitions by interested persons for standards and
enforcement.
Sec. 24207. Child safety seat accessibility study.
Sec. 24208. Crash avoidance technology.
Sec. 24209. Reduction of driver distraction.
Sec. 24210. Rulemaking report.
Sec. 24211. Global harmonization.
Sec. 24212. Headlamps.
Sec. 24213. New Car Assessment Program.
Sec. 24214. Hood and bumper standards.
Sec. 24215. Emergency medical services and 9-1-1.
Sec. 24216. Early warning reporting.
Sec. 24217. Improved vehicle safety databases.
Sec. 24218. National Driver Register Advisory Committee repeal.
Sec. 24219. Research on connected vehicle technology.
Sec. 24220. Advanced impaired driving technology.
Sec. 24221. GAO report on crash dummies.
Sec. 24222. Child safety.
TITLE V--RESEARCH AND INNOVATION
Sec. 25001. Intelligent Transportation Systems Program Advisory
Committee.
Sec. 25002. Smart Community Resource Center.
Sec. 25003. Federal support for local decisionmaking.
Sec. 25004. Bureau of Transportation Statistics.
Sec. 25005. Strengthening mobility and revolutionizing transportation
grant program.
[[Page 135 STAT. 434]]
Sec. 25006. Electric vehicle working group.
Sec. 25007. Risk and system resilience.
Sec. 25008. Coordination on emerging transportation technology.
Sec. 25009. Interagency Infrastructure Permitting Improvement Center.
Sec. 25010. Rural opportunities to use transportation for economic
success initiative.
Sec. 25011. Safety data initiative.
Sec. 25012. Advanced transportation research.
Sec. 25013. Open research initiative.
Sec. 25014. Transportation research and development 5-year strategic
plan.
Sec. 25015. Research planning modifications.
Sec. 25016. Incorporation of Department of Transportation research.
Sec. 25017. University transportation centers program.
Sec. 25018. National travel and tourism infrastructure strategic plan.
Sec. 25019. Local hiring preference for construction jobs.
Sec. 25020. Transportation workforce development.
Sec. 25021. Intermodal Transportation Advisory Board repeal.
Sec. 25022. GAO cybersecurity recommendations.
Sec. 25023. Volpe oversight.
Sec. 25024. Modifications to grant program.
Sec. 25025. Drug-impaired driving data collection.
Sec. 25026. Report on marijuana research.
Sec. 25027. GAO study on improving the efficiency of traffic systems.
TITLE VI--HAZARDOUS MATERIALS
Sec. 26001. Authorization of appropriations.
Sec. 26002. Assistance for local emergency response training grant
program.
Sec. 26003. Real-time emergency response information.
TITLE VII--GENERAL PROVISIONS
Sec. 27001. Performance measurement, transparency, and accountability.
Sec. 27002. Coordination regarding forced labor.
Sec. 27003. Department of Transportation spectrum audit.
Sec. 27004. Study and reports on the travel and tourism activities of
the Department.
TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY
Sec. 28001. Sport fish restoration and recreational boating safety.
DIVISION C--TRANSIT
Sec. 30001. Definitions.
Sec. 30002. Metropolitan transportation planning.
Sec. 30003. Statewide and nonmetropolitan transportation planning.
Sec. 30004. Planning programs.
Sec. 30005. Fixed guideway capital investment grants.
Sec. 30006. Formula grants for rural areas.
Sec. 30007. Public transportation innovation.
Sec. 30008. Bus testing facilities.
Sec. 30009. Transit-oriented development.
Sec. 30010. General provisions.
Sec. 30011. Public transportation emergency relief program.
Sec. 30012. Public transportation safety program.
Sec. 30013. Administrative provisions.
Sec. 30014. National transit database.
Sec. 30015. Apportionment of appropriations for formula grants.
Sec. 30016. State of good repair grants.
Sec. 30017. Authorizations.
Sec. 30018. Grants for buses and bus facilities.
Sec. 30019. Washington Metropolitan Area Transit Authority safety,
accountability, and investment.
DIVISION D--ENERGY
Sec. 40001. Definitions.
TITLE I--GRID INFRASTRUCTURE AND RESILIENCY
Subtitle A--Grid Infrastructure Resilience and Reliability
Sec. 40101. Preventing outages and enhancing the resilience of the
electric grid.
Sec. 40102. Hazard mitigation using disaster assistance.
[[Page 135 STAT. 435]]
Sec. 40103. Electric grid reliability and resilience research,
development, and demonstration.
Sec. 40104. Utility demand response.
Sec. 40105. Siting of interstate electric transmission facilities.
Sec. 40106. Transmission facilitation program.
Sec. 40107. Deployment of technologies to enhance grid flexibility.
Sec. 40108. State energy security plans.
Sec. 40109. State energy program.
Sec. 40110. Power marketing administration transmission borrowing
authority.
Sec. 40111. Study of codes and standards for use of energy storage
systems across sectors.
Sec. 40112. Demonstration of electric vehicle battery second-life
applications for grid services.
Sec. 40113. Columbia Basin power management.
Subtitle B--Cybersecurity
Sec. 40121. Enhancing grid security through public-private partnerships.
Sec. 40122. Energy Cyber Sense program.
Sec. 40123. Incentives for advanced cybersecurity technology investment.
Sec. 40124. Rural and municipal utility advanced cybersecurity grant and
technical assistance program.
Sec. 40125. Enhanced grid security.
Sec. 40126. Cybersecurity plan.
Sec. 40127. Savings provision.
TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
Sec. 40201. Earth Mapping Resources Initiative.
Sec. 40202. National Cooperative Geologic Mapping Program.
Sec. 40203. National Geological and Geophysical Data Preservation
Program.
Sec. 40204. USGS energy and minerals research facility.
Sec. 40205. Rare earth elements demonstration facility.
Sec. 40206. Critical minerals supply chains and reliability.
Sec. 40207. Battery processing and manufacturing.
Sec. 40208. Electric drive vehicle battery recycling and second-life
applications program.
Sec. 40209. Advanced energy manufacturing and recycling grant program.
Sec. 40210. Critical minerals mining and recycling research.
Sec. 40211. 21st Century Energy Workforce Advisory Board.
TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
Subtitle A--Carbon Capture, Utilization, Storage, and Transportation
Infrastructure
Sec. 40301. Findings.
Sec. 40302. Carbon utilization program.
Sec. 40303. Carbon capture technology program.
Sec. 40304. Carbon dioxide transportation infrastructure finance and
innovation.
Sec. 40305. Carbon storage validation and testing.
Sec. 40306. Secure geologic storage permitting.
Sec. 40307. Geologic carbon sequestration on the outer Continental
Shelf.
Sec. 40308. Carbon removal.
Subtitle B--Hydrogen Research and Development
Sec. 40311. Findings; purpose.
Sec. 40312. Definitions.
Sec. 40313. Clean hydrogen research and development program.
Sec. 40314. Additional clean hydrogen programs.
Sec. 40315. Clean hydrogen production qualifications.
Subtitle C--Nuclear Energy Infrastructure
Sec. 40321. Infrastructure planning for micro and small modular nuclear
reactors.
Sec. 40322. Property interests relating to certain projects and
protection of information relating to certain agreements.
Sec. 40323. Civil nuclear credit program.
Subtitle D--Hydropower
Sec. 40331. Hydroelectric production incentives.
Sec. 40332. Hydroelectric efficiency improvement incentives.
Sec. 40333. Maintaining and enhancing hydroelectricity incentives.
Sec. 40334. Pumped storage hydropower wind and solar integration and
system reliability initiative.
[[Page 135 STAT. 436]]
Sec. 40335. Authority for pumped storage hydropower development using
multiple Bureau of Reclamation reservoirs.
Sec. 40336. Limitations on issuance of certain leases of power
privilege.
Subtitle E--Miscellaneous
Sec. 40341. Solar energy technologies on current and former mine land.
Sec. 40342. Clean energy demonstration program on current and former
mine land.
Sec. 40343. Leases, easements, and rights-of-way for energy and related
purposes on the outer Continental Shelf.
TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION
Subtitle A--Department of Energy Loan Program
Sec. 40401. Department of Energy loan programs.
Subtitle B--Energy Information Administration
Sec. 40411. Definitions.
Sec. 40412. Data collection in the electricity sector.
Sec. 40413. Expansion of energy consumption surveys.
Sec. 40414. Data collection on electric vehicle integration with the
electricity grids.
Sec. 40415. Plan for the modeling and forecasting of demand for minerals
used in the energy sector.
Sec. 40416. Expansion of international energy data.
Sec. 40417. Plan for the National Energy Modeling System.
Sec. 40418. Report on costs of carbon abatement in the electricity
sector.
Sec. 40419. Harmonization of efforts and data.
Subtitle C--Miscellaneous
Sec. 40431. Consideration of measures to promote greater electrification
of the transportation sector.
Sec. 40432. Office of public participation.
Sec. 40433. Digital climate solutions report.
Sec. 40434. Study and report by the Secretary of Energy on job loss and
impacts on consumer energy costs due to the revocation of the
permit for the Keystone XL pipeline.
Sec. 40435. Study on impact of electric vehicles.
Sec. 40436. Study on impact of forced labor in China on the electric
vehicle supply chain.
TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
Subtitle A--Residential and Commercial Energy Efficiency
Sec. 40501. Definitions.
Sec. 40502. Energy efficiency revolving loan fund capitalization grant
program.
Sec. 40503. Energy auditor training grant program.
Subtitle B--Buildings
Sec. 40511. Cost-effective codes implementation for efficiency and
resilience.
Sec. 40512. Building, training, and assessment centers.
Sec. 40513. Career skills training.
Sec. 40514. Commercial building energy consumption information sharing.
Subtitle C--Industrial Energy Efficiency
PART I--Industry
Sec. 40521. Future of industry program and industrial research and
assessment centers.
Sec. 40522. Sustainable manufacturing initiative.
PART II--Smart Manufacturing
Sec. 40531. Definitions.
Sec. 40532. Leveraging existing agency programs to assist small and
medium manufacturers.
Sec. 40533. Leveraging smart manufacturing infrastructure at National
Laboratories.
Sec. 40534. State manufacturing leadership.
Sec. 40535. Report.
Subtitle D--Schools and Nonprofits
Sec. 40541. Grants for energy efficiency improvements and renewable
energy improvements at public school facilities.
[[Page 135 STAT. 437]]
Sec. 40542. Energy efficiency materials pilot program.
Subtitle E--Miscellaneous
Sec. 40551. Weatherization assistance program.
Sec. 40552. Energy Efficiency and Conservation Block Grant Program.
Sec. 40553. Survey, analysis, and report on employment and demographics
in the energy, energy efficiency, and motor vehicle sectors
of the United States.
Sec. 40554. Assisting Federal Facilities with Energy Conservation
Technologies grant program.
Sec. 40555. Rebates.
Sec. 40556. Model guidance for combined heat and power systems and waste
heat to power systems.
TITLE VI--METHANE REDUCTION INFRASTRUCTURE
Sec. 40601. Orphaned well site plugging, remediation, and restoration.
TITLE VII--ABANDONED MINE LAND RECLAMATION
Sec. 40701. Abandoned Mine Reclamation Fund authorization of
appropriations.
Sec. 40702. Abandoned mine reclamation fee.
Sec. 40703. Amounts distributed from Abandoned Mine Reclamation Fund.
Sec. 40704. Abandoned hardrock mine reclamation.
TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE
MANAGEMENT, AND ECOSYSTEM RESTORATION
Sec. 40801. Forest Service Legacy Road and Trail Remediation Program.
Sec. 40802. Study and report on feasibility of revegetating reclaimed
mine sites.
Sec. 40803. Wildfire risk reduction.
Sec. 40804. Ecosystem restoration.
Sec. 40805. GAO study.
Sec. 40806. Establishment of fuel breaks in forests and other wildland
vegetation.
Sec. 40807. Emergency actions.
Sec. 40808. Joint Chiefs Landscape Restoration Partnership program.
TITLE IX--WESTERN WATER INFRASTRUCTURE
Sec. 40901. Authorizations of appropriations.
Sec. 40902. Water storage, groundwater storage, and conveyance projects.
Sec. 40903. Small water storage and groundwater storage projects.
Sec. 40904. Critical maintenance and repair.
Sec. 40905. Competitive grant program for large-scale water recycling
and reuse program.
Sec. 40906. Drought contingency plan funding requirements.
Sec. 40907. Multi-benefit projects to improve watershed health.
Sec. 40908. Eligible desalination projects.
Sec. 40909. Clarification of authority to use coronavirus fiscal
recovery funds to meet a non-Federal matching requirement for
authorized Bureau of Reclamation water projects.
Sec. 40910. Federal assistance for groundwater recharge, aquifer
storage, and water source substitution projects.
TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020
Sec. 41001. Energy storage demonstration projects.
Sec. 41002. Advanced reactor demonstration program.
Sec. 41003. Mineral security projects.
Sec. 41004. Carbon capture demonstration and pilot programs.
Sec. 41005. Direct air capture technologies prize competitions.
Sec. 41006. Water power projects.
Sec. 41007. Renewable energy projects.
Sec. 41008. Industrial emissions demonstration projects.
TITLE XI--WAGE RATE REQUIREMENTS
Sec. 41101. Wage rate requirements.
TITLE XII--MISCELLANEOUS
Sec. 41201. Office of Clean Energy Demonstrations.
Sec. 41202. Extension of Secure Rural Schools and Community Self-
Determination Act of 2000.
DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE
Sec. 50001. Short title.
[[Page 135 STAT. 438]]
Sec. 50002. Definition of Administrator.
TITLE I--DRINKING WATER
Sec. 50101. Technical assistance and grants for emergencies affecting
public water systems.
Sec. 50102. Drinking water State revolving loan funds.
Sec. 50103. Source water petition program.
Sec. 50104. Assistance for small and disadvantaged communities.
Sec. 50105. Reducing lead in drinking water.
Sec. 50106. Operational sustainability of small public water systems.
Sec. 50107. Midsize and large drinking water system infrastructure
resilience and sustainability program.
Sec. 50108. Needs assessment for nationwide rural and urban low-income
community water assistance.
Sec. 50109. Rural and low-income water assistance pilot program.
Sec. 50110. Lead contamination in school drinking water.
Sec. 50111. Indian reservation drinking water program.
Sec. 50112. Advanced drinking water technologies.
Sec. 50113. Cybersecurity support for public water systems.
Sec. 50114. State response to contaminants.
Sec. 50115. Annual study on boil water advisories.
TITLE II--CLEAN WATER
Sec. 50201. Research, investigations, training, and information.
Sec. 50202. Wastewater efficiency grant pilot program.
Sec. 50203. Pilot program for alternative water source projects.
Sec. 50204. Sewer overflow and stormwater reuse municipal grants.
Sec. 50205. Clean water infrastructure resiliency and sustainability
program.
Sec. 50206. Small and medium publicly owned treatment works circuit
rider program.
Sec. 50207. Small publicly owned treatment works efficiency grant
program.
Sec. 50208. Grants for construction and refurbishing of individual
household decentralized wastewater systems for individuals
with low or moderate income.
Sec. 50209. Connection to publicly owned treatment works.
Sec. 50210. Clean water State revolving funds.
Sec. 50211. Water infrastructure and workforce investment.
Sec. 50212. Grants to Alaska to improve sanitation in rural and Native
villages.
Sec. 50213. Water data sharing pilot program.
Sec. 50214. Final rating opinion letters.
Sec. 50215. Water infrastructure financing reauthorization.
Sec. 50216. Small and disadvantaged community analysis.
Sec. 50217. Stormwater infrastructure technology.
Sec. 50218. Water Reuse Interagency Working Group.
Sec. 50219. Advanced clean water technologies study.
Sec. 50220. Clean watersheds needs survey.
Sec. 50221. Water Resources Research Act amendments.
Sec. 50222. Enhanced aquifer use and recharge.
DIVISION F--BROADBAND
TITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO,
AND TERRITORIES
Sec. 60101. Findings.
Sec. 60102. Grants for broadband deployment.
Sec. 60103. Broadband DATA maps.
Sec. 60104. Report on future of Universal Service Fund.
Sec. 60105. Broadband deployment locations map.
TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
Sec. 60201. Tribal connectivity technical amendments.
TITLE III--DIGITAL EQUITY ACT OF 2021
Sec. 60301. Short title.
Sec. 60302. Definitions.
Sec. 60303. Sense of Congress.
Sec. 60304. State Digital Equity Capacity Grant Program.
Sec. 60305. Digital Equity Competitive Grant Program.
Sec. 60306. Policy research, data collection, analysis and modeling,
evaluation, and dissemination.
[[Page 135 STAT. 439]]
Sec. 60307. General provisions.
TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE
Sec. 60401. Enabling middle mile broadband infrastructure.
TITLE V--BROADBAND AFFORDABILITY
Sec. 60501. Definitions.
Sec. 60502. Broadband affordability.
Sec. 60503. Coordination with certain other Federal agencies.
Sec. 60504. Adoption of consumer broadband labels.
Sec. 60505. GAO report.
Sec. 60506. Digital discrimination.
TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE
Sec. 60601. Short title.
Sec. 60602. Telecommunications interagency working group.
Sec. 60603. Telecommunications workforce guidance.
Sec. 60604. GAO assessment of workforce needs of the telecommunications
industry.
DIVISION G--OTHER AUTHORIZATIONS
TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND
Sec. 70101. Indian Water Rights Settlement Completion Fund.
TITLE II--WILDFIRE MITIGATION
Sec. 70201. Short title.
Sec. 70202. Definitions.
Sec. 70203. Establishment of Commission.
Sec. 70204. Duties of Commission.
Sec. 70205. Powers of Commission.
Sec. 70206. Commission personnel matters.
Sec. 70207. Termination of Commission.
TITLE III--REFORESTATION
Sec. 70301. Short title.
Sec. 70302. Reforestation following wildfires and other unplanned
events.
Sec. 70303. Report.
TITLE IV--RECYCLING PRACTICES
Sec. 70401. Best practices for battery recycling and labeling
guidelines.
Sec. 70402. Consumer recycling education and outreach grant program;
Federal procurement.
TITLE V--BIOPRODUCT PILOT PROGRAM
Sec. 70501. Pilot program on use of agricultural commodities in
construction and consumer products.
TITLE VI--CYBERSECURITY
Subtitle A--Cyber Response and Recovery Act
Sec. 70601. Short title.
Sec. 70602. Declaration of a significant incident.
Subtitle B--State and Local Cybersecurity Improvement Act
Sec. 70611. Short title.
Sec. 70612. State and Local Cybersecurity Grant Program.
TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS
Sec. 70701. Value for money analysis.
TITLE VIII--FEDERAL PERMITTING IMPROVEMENT
Sec. 70801. Federal permitting improvement.
TITLE IX--BUILD AMERICA, BUY AMERICA
Subtitle A--Build America, Buy America
Sec. 70901. Short title.
PART I--Buy America Sourcing Requirements
Sec. 70911. Findings.
[[Page 135 STAT. 440]]
Sec. 70912. Definitions.
Sec. 70913. Identification of deficient programs.
Sec. 70914. Application of Buy America preference.
Sec. 70915. OMB guidance and standards.
Sec. 70916. Technical assistance partnership and consultation supporting
Department of Transportation Buy America requirements.
Sec. 70917. Application.
PART II--Make It in America
Sec. 70921. Regulations relating to Buy American Act.
Sec. 70922. Amendments relating to Buy American Act.
Sec. 70923. Made in America Office.
Sec. 70924. Hollings Manufacturing Extension Partnership activities.
Sec. 70925. United States obligations under international agreements.
Sec. 70926. Definitions.
Sec. 70927. Prospective amendments to internal cross-references.
Subtitle B--BuyAmerican.gov
Sec. 70931. Short title.
Sec. 70932. Definitions.
Sec. 70933. Sense of Congress on buying American.
Sec. 70934. Assessment of impact of free trade agreements.
Sec. 70935. Judicious use of waivers.
Sec. 70936. Establishment of BuyAmerican.gov website.
Sec. 70937. Waiver Transparency and Streamlining for contracts.
Sec. 70938. Comptroller General report.
Sec. 70939. Rules of construction.
Sec. 70940. Consistency with international agreements.
Sec. 70941. Prospective amendments to internal cross-references.
Subtitle C--Make PPE in America
Sec. 70951. Short title.
Sec. 70952. Findings.
Sec. 70953. Requirement of long-term contracts for domestically
manufactured personal protective equipment.
TITLE X--ASSET CONCESSIONS
Sec. 71001. Asset concessions.
TITLE XI--CLEAN SCHOOL BUSES AND FERRIES
Sec. 71101. Clean school bus program.
Sec. 71102. Electric or low-emitting ferry pilot program.
Sec. 71103. Ferry service for rural communities.
Sec. 71104. Expanding the funding authority for renovating,
constructing, and expanding certain facilities.
DIVISION H--REVENUE PROVISIONS
TITLE I--HIGHWAY TRUST FUND
Sec. 80101. Extension of Highway Trust Fund expenditure authority.
Sec. 80102. Extension of highway-related taxes.
Sec. 80103. Further additional transfers to trust fund.
TITLE II--CHEMICAL SUPERFUND
Sec. 80201. Extension and modification of certain superfund excise
taxes.
TITLE III--CUSTOMS USER FEES
Sec. 80301. Extension of customs user fees.
TITLE IV--BOND PROVISIONS
Sec. 80401. Private activity bonds for qualified broadband projects.
Sec. 80402. Carbon dioxide capture facilities.
Sec. 80403. Increase in national limitation amount for qualified highway
or surface freight transportation facilities.
TITLE V--RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL
EVENTS
Sec. 80501. Modification of automatic extension of certain deadlines in
the case of taxpayers affected by Federally declared
disasters.
[[Page 135 STAT. 441]]
Sec. 80502. Modifications of rules for postponing certain acts by reason
of service in combat zone or contingency operation.
Sec. 80503. Tolling of time for filing a petition with the tax court.
Sec. 80504. Authority to postpone certain tax deadlines by reason of
significant fires.
TITLE VI--OTHER PROVISIONS
Sec. 80601. Modification of tax treatment of contributions to the
capital of a corporation.
Sec. 80602. Extension of interest rate stabilization.
Sec. 80603. Information reporting for brokers and digital assets.
Sec. 80604. Termination of employee retention credit for employers
subject to closure due to COVID-19.
DIVISION I--OTHER MATTERS
Sec. 90001. Extension of direct spending reductions through fiscal year
2031.
Sec. 90002. Strategic Petroleum Reserve drawdown and sale.
Sec. 90003. Findings regarding unused unemployment insurance funds.
Sec. 90004. Requiring manufacturers of certain single-dose container or
single-use package drugs payable under part B of the Medicare
program to provide refunds with respect to discarded amounts
of such drugs.
Sec. 90005. Extension of enterprise guarantee fees.
Sec. 90006. Moratorium on implementation of rule relating to eliminating
the anti-kickback statute safe harbor protection for
prescription drug rebates.
Sec. 90007. Rescission of COVID-19 appropriations.
Sec. 90008. Spectrum auctions.
DIVISION J--APPROPRIATIONS
TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT
TITLE V--DEPARTMENT OF HOMELAND SECURITY
TITLE VI--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
TITLE VII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES
TITLE VIII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES
TITLE IX--GENERAL PROVISIONS--THIS DIVISION
DIVISION K--MINORITY BUSINESS DEVELOPMENT
Sec. 100001. Short title.
Sec. 100002. Definitions.
Sec. 100003. Minority Business Development Agency.
TITLE I--EXISTING INITIATIVES
Subtitle A--Market Development, Research, and Information
Sec. 100101. Private sector development.
Sec. 100102. Public sector development.
Sec. 100103. Research and information.
Subtitle B--Minority Business Development Agency Business Center Program
Sec. 100111. Definition.
Sec. 100112. Purpose.
Sec. 100113. Establishment.
Sec. 100114. Grants and cooperative agreements.
Sec. 100115. Minimizing disruptions to existing MBDA Business Center
program.
Sec. 100116. Publicity.
TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY
BUSINESSES
Sec. 100201. Annual diverse business forum on capital formation.
[[Page 135 STAT. 442]]
Sec. 100202. Agency study on alternative financing solutions.
Sec. 100203. Educational development relating to management and
entrepreneurship.
TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM
Sec. 100301. Definitions.
Sec. 100302. Business centers.
Sec. 100303. Report to Congress.
Sec. 100304. Study and report.
TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS
Sec. 100401. Grants to nonprofit organizations that support minority
business enterprises.
TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL
Sec. 100501. Purpose.
Sec. 100502. Composition and term.
Sec. 100503. Duties.
TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS
Sec. 100601. General duties.
Sec. 100602. Participation of Federal departments and agencies.
TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS PROVISIONS
Sec. 100701. Administrative powers.
Sec. 100702. Federal assistance.
Sec. 100703. Recordkeeping.
Sec. 100704. Review and report by Comptroller General.
Sec. 100705. Biannual reports; recommendations.
Sec. 100706. Separability.
Sec. 100707. Executive Order 11625.
Sec. 100708. Authorization of appropriations.
SEC. 2. <> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
[[Page 135 STAT. 443]]
DIVISION A-- <> SURFACE TRANSPORTATION
SEC. 10001. <> SHORT TITLE.
This division may be cited as the ``Surface Transportation
Reauthorization Act of 2021''.
SEC. 10002. <> DEFINITIONS.
In this division:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 10003. <> EFFECTIVE DATE.
Except as otherwise provided, this division and the amendments made
by this division take effect on October 1, 2021.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A <> --Authorizations and Programs
SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United States
Code, the surface transportation block grant program under
section 133 of that title, the highway safety improvement
program under section 148 of that title, the congestion
mitigation and air quality improvement program under section 149
of that title, the national highway freight program under
section 167 of that title, the carbon reduction program under
section 175 of that title, to carry out subsection (c) of the
PROTECT program under section 176 of that title, and to carry
out section 134 of that title--
(A) $52,488,065,375 for fiscal year 2022;
(B) $53,537,826,683 for fiscal year 2023;
(C) $54,608,583,217 for fiscal year 2024;
(D) $55,700,754,881 for fiscal year 2025; and
(E) $56,814,769,844 for fiscal year 2026.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6 of
title 23, United States Code, $250,000,000 for each of fiscal
years 2022 through 2026.
(3) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23,
United States Code--
(i) $578,460,000 for fiscal year 2022;
(ii) $589,960,000 for fiscal year 2023;
(iii) $602,460,000 for fiscal year 2024;
[[Page 135 STAT. 444]]
(iv) $612,960,000 for fiscal year 2025; and
(v) $627,960,000 for fiscal year 2026.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands
transportation program under section 203 of title
23, United States Code--
(I) $421,965,000 for fiscal year
2022;
(II) $429,965,000 for fiscal year
2023;
(III) $438,965,000 for fiscal year
2024;
(IV) $447,965,000 for fiscal year
2025; and
(V) $455,965,000 for fiscal year
2026.
(ii) Allocation.--Of the amount made available
for a fiscal year under clause (i)--
(I) the amount for the National Park
Service is--
(aa) $332,427,450 for fiscal
year 2022;
(bb) $338,867,450 for fiscal
year 2023;
(cc) $346,237,450 for fiscal
year 2024;
(dd) $353,607,450 for fiscal
year 2025; and
(ee) $360,047,450 for fiscal
year 2026;
(II) the amount for the United
States Fish and Wildlife Service is
$36,000,000 for each of fiscal years
2022 through 2026; and
(III) the amount for the Forest
Service is--
(aa) $24,000,000 for fiscal
year 2022;
(bb) $25,000,000 for fiscal
year 2023;
(cc) $26,000,000 for fiscal
year 2024;
(dd) $27,000,000 for fiscal
year 2025; and
(ee) $28,000,000 for fiscal
year 2026.
(C) Federal lands access program.--For the Federal
lands access program under section 204 of title 23,
United States Code--
(i) $285,975,000 for fiscal year 2022;
(ii) $291,975,000 for fiscal year 2023;
(iii) $296,975,000 for fiscal year 2024;
(iv) $303,975,000 for fiscal year 2025; and
(v) $308,975,000 for fiscal year 2026.
(4) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165 of
title 23, United States Code--
(A) $219,000,000 for fiscal year 2022;
(B) $224,000,000 for fiscal year 2023;
(C) $228,000,000 for fiscal year 2024;
(D) $232,500,000 for fiscal year 2025; and
(E) $237,000,000 for fiscal year 2026.
(5) Nationally significant freight and highway projects.--
For nationally significant freight and highway projects under
section 117 of title 23, United States Code--
(A) $1,000,000,000 for fiscal year 2022;
(B) $1,000,000,000 for fiscal year 2023;
(C) $1,000,000,000 for fiscal year 2024;
(D) $900,000,000 for fiscal year 2025; and
(E) $900,000,000 for fiscal year 2026.
(b) Other Programs.--
(1) In general.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
[[Page 135 STAT. 445]]
(A) Bridge investment program.--To carry out the
bridge investment program under section 124 of title 23,
United States Code--
(i) $600,000,000 for fiscal year 2022;
(ii) $640,000,000 for fiscal year 2023;
(iii) $650,000,000 for fiscal year 2024;
(iv) $675,000,000 for fiscal year 2025; and
(v) $700,000,000 for fiscal year 2026.
(B) Congestion relief program.--To carry out the
congestion relief program under section 129(d) of title
23, United States Code, $50,000,000 for each of fiscal
years 2022 through 2026.
(C) Charging and fueling infrastructure grants.--To
carry out section 151(f) of title 23, United States
Code--
(i) $300,000,000 for fiscal year 2022;
(ii) $400,000,000 for fiscal year 2023;
(iii) $500,000,000 for fiscal year 2024;
(iv) $600,000,000 for fiscal year 2025; and
(v) $700,000,000 for fiscal year 2026.
(D) Rural surface transportation grant program.--To
carry out the rural surface transportation grant program
under section 173 of title 23, United States Code--
(i) $300,000,000 for fiscal year 2022;
(ii) $350,000,000 for fiscal year 2023;
(iii) $400,000,000 for fiscal year 2024;
(iv) $450,000,000 for fiscal year 2025; and
(v) $500,000,000 for fiscal year 2026.
(E) PROTECT grants.--
(i) In general.--To carry out subsection (d)
of the PROTECT program under section 176 of title
23, United States Code, for each of fiscal years
2022 through 2026--
(I) $250,000,000 for fiscal year
2022;
(II) $250,000,000 for fiscal year
2023;
(III) $300,000,000 for fiscal year
2024;
(IV) $300,000,000 for fiscal year
2025; and
(V) $300,000,000 for fiscal year
2026.
(ii) Allocation.--Of the amounts made
available under clause (i)--
(I) for planning grants under
paragraph (3) of that subsection--
(aa) $25,000,000 for fiscal
year 2022;
(bb) $25,000,000 for fiscal
year 2023;
(cc) $30,000,000 for fiscal
year 2024;
(dd) $30,000,000 for fiscal
year 2025; and
(ee) $30,000,000 for fiscal
year 2026;
(II) for resilience improvement
grants under paragraph (4)(A) of that
subsection--
(aa) $175,000,000 for fiscal
year 2022;
(bb) $175,000,000 for fiscal
year 2023;
(cc) $210,000,000 for fiscal
year 2024;
(dd) $210,000,000 for fiscal
year 2025; and
(ee) $210,000,000 for fiscal
year 2026;
(III) for community resilience and
evacuation route grants under paragraph
(4)(B) of that subsection--
[[Page 135 STAT. 446]]
(aa) $25,000,000 for fiscal
year 2022;
(bb) $25,000,000 for fiscal
year 2023;
(cc) $30,000,000 for fiscal
year 2024;
(dd) $30,000,000 for fiscal
year 2025; and
(ee) $30,000,000 for fiscal
year 2026; and
(IV) for at-risk coastal
infrastructure grants under paragraph
(4)(C) of that subsection--
(aa) $25,000,000 for fiscal
year 2022;
(bb) $25,000,000 for fiscal
year 2023;
(cc) $30,000,000 for fiscal
year 2024;
(dd) $30,000,000 for fiscal
year 2025; and
(ee) $30,000,000 for fiscal
year 2026.
(F) Reduction of truck emissions at port
facilities.--
(i) In general.--To carry out the reduction of
truck emissions at port facilities under section
11402, $50,000,000 for each of fiscal years 2022
through 2026.
(ii) Treatment.--Amounts made available under
clause (i) shall be available for obligation in
the same manner as if those amounts were
apportioned under chapter 1 of title 23, United
States Code.
(G) Nationally significant federal lands and tribal
projects.--
(i) In general.--To carry out the nationally
significant Federal lands and tribal projects
program under section 1123 of the FAST Act (23
U.S.C. 201 note; Public Law 114-94), $55,000,000
for each of fiscal years 2022 through 2026.
(ii) Treatment.--Amounts made available under
clause (i) shall be available for obligation in
the same manner as if those amounts were
apportioned under chapter 1 of title 23, United
States Code.
(2) General fund.--
(A) Bridge investment program.--
(i) In general.--In addition to amounts made
available under paragraph (1)(A), there are
authorized to be appropriated to carry out the
bridge investment program under section 124 of
title 23, United States Code--
(I) $600,000,000 for fiscal year
2022;
(II) $640,000,000 for fiscal year
2023;
(III) $650,000,000 for fiscal year
2024;
(IV) $675,000,000 for fiscal year
2025; and
(V) $700,000,000 for fiscal year
2026.
(ii) Allocation.--Amounts made available under
clause (i) shall be allocated in the same manner
as if made available under paragraph (1)(A).
(B) Nationally significant federal lands and tribal
projects program.--In addition to amounts made available
under paragraph (1)(G), there is authorized to be
appropriated to carry out section 1123 of the FAST Act
(23 U.S.C. 201 note; Public Law 114-94) $300,000,000 for
each of fiscal years 2022 through 2026.
(C) Healthy streets program.--There is authorized to
be appropriated to carry out the Healthy Streets program
under section 11406 $100,000,000 for each of fiscal
years 2022 through 2026.
[[Page 135 STAT. 447]]
(D) Transportation resilience and adaptation centers
of excellence.--There is authorized to be appropriated
to carry out section 520 of title 23, United States
Code, $100,000,000 for each of fiscal years 2022 through
2026.
(E) Open challenge and research proposal pilot
program.--There is authorized to be appropriated to
carry out the open challenge and research proposal pilot
program under section 13006(e) $15,000,000 for each of
fiscal years 2022 through 2026.
(c) Research, Technology, and Education Authorizations.--
(1) In general.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(A) Highway research and development program.--To
carry out section 503(b) of title 23, United States
Code, $147,000,000 for each of fiscal years 2022 through
2026.
(B) Technology and innovation deployment program.--
To carry out section 503(c) of title 23, United States
Code, $110,000,000 for each of fiscal years 2022 through
2026.
(C) Training and education.--To carry out section
504 of title 23, United States Code--
(i) $25,000,000 for fiscal year 2022;
(ii) $25,250,000 for fiscal year 2023;
(iii) $25,500,000 for fiscal year 2024;
(iv) $25,750,000 for fiscal year 2025; and
(v) $26,000,000 for fiscal year 2026.
(D) Intelligent transportation systems program.--To
carry out sections 512 through 518 of title 23, United
States Code, $110,000,000 for each of fiscal years 2022
through 2026.
(E) University transportation centers program.--To
carry out section 5505 of title 49, United States Code--
(i) $80,000,000 for fiscal year 2022;
(ii) $80,500,000 for fiscal year 2023;
(iii) $81,000,000 for fiscal year 2024;
(iv) $81,500,000 for fiscal year 2025; and
(v) $82,000,000 for fiscal year 2026.
(F) Bureau of transportation statistics.--To carry
out chapter 63 of title 49, United States Code--
(i) $26,000,000 for fiscal year 2022;
(ii) $26,250,000 for fiscal year 2023;
(iii) $26,500,000 for fiscal year 2024;
(iv) $26,750,000 for fiscal year 2025; and
(v) $27,000,000 for fiscal year 2026.
(2) Administration.--The Federal Highway Administration
shall--
(A) administer the programs described in
subparagraphs (A), (B), and (C) of paragraph (1); and
(B) <> in consultation with
relevant modal administrations, administer the programs
described in paragraph (1)(D).
(3) Applicability of title 23, united states code.--Amounts
authorized to be appropriated by paragraph (1) shall--
[[Page 135 STAT. 448]]
(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 division (including the amendments by this
division) or otherwise determined by the Secretary; and
(B) remain available until expended and not be
transferable, except as otherwise provided by this
division.
(d) Pilot Programs.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Wildlife crossings pilot program.--For the wildlife
crossings pilot program under section 171 of title 23, United
States Code--
(A) $60,000,000 for fiscal year 2022;
(B) $65,000,000 for fiscal year 2023;
(C) $70,000,000 for fiscal year 2024;
(D) $75,000,000 for fiscal year 2025; and
(E) $80,000,000 for fiscal year 2026.
(2) Prioritization process pilot program.--
(A) In general.--For the prioritization process
pilot program under section 11204, $10,000,000 for each
of fiscal years 2022 through 2026.
(B) Treatment.--Amounts made available under
subparagraph (A) shall be available for obligation in
the same manner as if those amounts were apportioned
under chapter 1 of title 23, United States Code.
(3) Reconnecting communities pilot program.--
(A) Planning grants.--For planning grants under the
reconnecting communities pilot program under section
11509(c), $30,000,000 for each of fiscal years 2022
through 2026.
(B) Capital construction grants.--For capital
construction grants under the reconnecting communities
pilot program under section 11509(d)--
(i) $65,000,000 for fiscal year 2022;
(ii) $68,000,000 for fiscal year 2023;
(iii) $70,000,000 for fiscal year 2024;
(iv) $72,000,000 for fiscal year 2025; and
(v) $75,000,000 for fiscal year 2026.
(C) Treatment.--Amounts made available under
subparagraph (A) or (B) shall be available for
obligation in the same manner as if those amounts were
apportioned under chapter 1 of title 23, United States
Code, except that those amounts shall remain available
until expended.
(e) <> Disadvantaged Business
Enterprises.--
(1) Findings.--Congress finds that--
(A) while significant progress has occurred due to
the establishment of the disadvantaged business
enterprise program, discrimination and related barriers
continue to pose significant obstacles for minority- and
women-owned businesses seeking to do business in
Federally assisted surface transportation markets across
the United States;
(B) the continuing barriers described in
subparagraph (A) merit the continuation of the
disadvantaged business enterprise program;
[[Page 135 STAT. 449]]
(C) Congress has received and reviewed testimony and
documentation of race and gender discrimination from
numerous sources, including congressional hearings and
roundtables, scientific reports, reports issued by
public and private agencies, news stories, reports of
discrimination by organizations and individuals, and
discrimination lawsuits, which show that race- and
gender-neutral efforts alone are insufficient to address
the problem;
(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across
the United States poses a barrier to full and fair
participation in surface transportation-related
businesses of women business owners and minority
business owners and has impacted firm development and
many aspects of surface transportation-related business
in the public and private markets; and
(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the
disadvantaged business enterprise program to address
race and gender discrimination in surface
transportation-related business.
(2) Definitions.--In this subsection:
(A) Small business concern.--
(i) In general.--The term ``small business
concern'' means a small business concern (as the
term is used in section 3 of the Small Business
Act (15 U.S.C. 632)).
(ii) Exclusions.--The term ``small business
concern'' does not include any concern or group of
concerns controlled by the same socially and
economically disadvantaged individual or
individuals that have average annual gross
receipts during the preceding 3 fiscal years in
excess of $26,290,000, as adjusted annually by the
Secretary for inflation.
(B) Socially and economically disadvantaged
individuals.--The term ``socially and economically
disadvantaged individuals'' has the meaning given the
term in section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting regulations
issued pursuant to that Act, except that women shall be
presumed to be socially and economically disadvantaged
individuals for purposes of this subsection.
<> (3) Amounts for small business
concerns.--Except to the extent that the Secretary determines
otherwise, not less than 10 percent of the amounts made
available for any program under this division (other than
section 14004), division C, 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--
[[Page 135 STAT. 450]]
(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 division, division C,
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. 11102. <> OBLIGATION CEILING.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations for Federal-
[[Page 135 STAT. 451]]
aid highway and highway safety construction programs shall not exceed--
(1) $57,473,430,072 for fiscal year 2022;
(2) $58,764,510,674 for fiscal year 2023;
(3) $60,095,782,888 for fiscal year 2024;
(4) $61,314,170,545 for fiscal year 2025; and
(5) $62,657,105,821 for fiscal year 2026.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act
of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act
for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation;
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 through 2015, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(13) section 119 of title 23, United States Code (as in
effect for fiscal years 2016 through 2021, but only in an amount
equal to $639,000,000 for each of those fiscal years); and
(14) section 119 of title 23, United States Code (but, for
fiscal years 2022 through 2026, only in an amount equal to
$639,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--For each of fiscal years
2022 through 2026, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
[[Page 135 STAT. 452]]
(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 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 division and title 23, United States
Code, or apportioned by the Secretary under section 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 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.
[[Page 135 STAT. 453]]
(d) <> Redistribution of Unused Obligation
Authority.--Notwithstanding subsection (c), the Secretary shall, after
August 1 of each of fiscal years 2022 through 2026--
(1) <> revise a distribution of the
obligation authority made available under subsection (c) if an
amount distributed cannot be obligated during that fiscal year;
and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
MAP-21 (Public Law 112-141; 126 Stat. 405)) and 104 of title 23,
United States Code.
(e) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply to
contract authority for transportation research programs carried
out under chapter 5 of title 23, United States Code.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(f) Redistribution of Certain Authorized Funds.--
(1) <> In general.--Not later than 30
days after the date of distribution of obligation authority
under subsection (c) for each of fiscal years 2022 through 2026,
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202 of
title 23, United States Code) that--
(A) are authorized to be appropriated for the fiscal
year for Federal-aid highway programs; and
(B) <> the Secretary
determines will not be allocated to the States (or will
not be apportioned to the States under 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.
(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. 11103. 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:
[[Page 135 STAT. 454]]
``(H) improvements that reduce the number of
wildlife-vehicle collisions, such as wildlife crossing
structures; and'';
(2) by redesignating paragraphs (17) through (34) as
paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27),
(28), (29), (30), (31), (32), (33), (34), (35), and (36),
respectively;
(3) by inserting after paragraph (16) the following:
``(17) Natural infrastructure.--The term `natural
infrastructure' means infrastructure that uses, restores, or
emulates natural ecological processes and--
``(A) is created through the action of natural
physical, geological, biological, and chemical processes
over time;
``(B) is created by human design, engineering, and
construction to emulate or act in concert with natural
processes; or
``(C) involves the use of plants, soils, and other
natural features, including through the creation,
restoration, or preservation of vegetated areas using
materials appropriate to the region to manage stormwater
and runoff, to attenuate flooding and storm surges, and
for other related purposes.'';
(4) by inserting after paragraph (23) (as so redesignated)
the following:
``(24) Resilience.--The term `resilience', with respect to a
project, means a project with the ability to anticipate, prepare
for, or adapt to conditions or withstand, respond to, or recover
rapidly from disruptions, including the ability--
``(A)(i) to resist hazards or withstand impacts from
weather events and natural disasters; or
``(ii) to reduce the magnitude or duration of
impacts of a disruptive weather event or natural
disaster on a project; and
``(B) to have the absorptive capacity, adaptive
capacity, and recoverability to decrease project
vulnerability to weather events or other natural
disasters.''; and
(5) in subparagraph (A) of paragraph (32) (as so
redesignated)--
(A) by striking the period at the end and inserting
``; and'';
(B) by striking ``through the implementation'' and
inserting the following: ``through--
``(i) the implementation''; and
(C) by adding at the end the following:
``(ii) the consideration of incorporating
natural infrastructure.''.
SEC. 11104. APPORTIONMENT.
(a) Administrative Expenses.--Section 104(a)(1) of title 23, United
States Code, is amended by striking subparagraphs (A) through (E) and
inserting the following:
``(A) $490,964,697 for fiscal year 2022;
``(B) $500,783,991 for fiscal year 2023;
``(C) $510,799,671 for fiscal year 2024;
``(D) $521,015,664 for fiscal year 2025; and
``(E) $531,435,977 for fiscal year 2026.''.
(b) Division Among Programs of State Share.--Section 104(b) of title
23, United States Code, is amended in subsection (b)--
[[Page 135 STAT. 455]]
(1) in the matter preceding paragraph (1), by inserting
``the carbon reduction program under section 175, to carry out
subsection (c) of the PROTECT program under section 176,''
before ``and to carry out section 134'';
(2) in paragraph (1), by striking ``63.7 percent'' and
inserting ``59.0771195921461 percent'';
(3) in paragraph (2), by striking ``29.3 percent'' and
inserting ``28.7402203421251 percent'';
(4) in paragraph (3), by striking ``7 percent'' and
inserting ``6.70605141316253 percent'';
(5) by striking paragraph (4) and inserting the following:
``(4) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation and
air quality improvement program, an amount determined
for the State under subparagraphs (B) and (C).
``(B) Total amount.--The total amount for the
congestion mitigation and air quality improvement
program for all States shall be--
``(i) $2,536,490,803 for fiscal year 2022;
``(ii) $2,587,220,620 for fiscal year 2023;
``(iii) $2,638,965,032 for fiscal year 2024;
``(iv) $2,691,744,332 for fiscal year 2025;
and
``(v) $2,745,579,213 for fiscal year 2026.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the total
amount for the congestion mitigation and air quality
improvement program under subparagraph (B) so that each
State receives an amount equal to the proportion that--
``(i) the amount apportioned to the State for
the congestion mitigation and air quality
improvement program for fiscal year 2020; bears to
``(ii) the total amount of funds apportioned
to all States for that program for fiscal year
2020.'';
(6) in paragraph (5)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) Total amount.--The total amount set aside for
the national highway freight program for all States
shall be--
``(i) $1,373,932,519 for fiscal year 2022;
``(ii) $1,401,411,169 for fiscal year 2023;
``(iii) $1,429,439,392 for fiscal year 2024;
``(iv) $1,458,028,180 for fiscal year 2025;
and
``(v) $1,487,188,740 for fiscal year 2026.'';
and
(B) by striking subparagraph (D); and
(7) by striking paragraph (6) and inserting the following:
``(6) Metropolitan planning.--
``(A) In general.--To carry out section 134, an
amount determined for the State under subparagraphs (B)
and (C).
``(B) Total amount.--The total amount for
metropolitan planning for all States shall be--
``(i) $ 438,121,139 for fiscal year 2022;
``(ii) $446,883,562 for fiscal year 2023;
``(iii) $455,821,233 for fiscal year 2024;
``(iv) $464,937,657 for fiscal year 2025; and
[[Page 135 STAT. 456]]
``(v) $474,236,409 for fiscal year 2026.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the total
amount to carry out section 134 under subparagraph (B)
so that each State receives an amount equal to the
proportion that--
``(i) the amount apportioned to the State to
carry out section 134 for fiscal year 2020; bears
to
``(ii) the total amount of funds apportioned
to all States to carry out section 134 for fiscal
year 2020.
``(7) Carbon reduction program.--For the carbon reduction
program under section 175, 2.56266964565637 percent of the
amount remaining after distributing amounts under paragraphs
(4), (5), and (6).
``(8) PROTECT formula program.--To carry out subsection (c)
of the PROTECT program under section 176, 2.91393900690991
percent of the amount remaining after distributing amounts under
paragraphs (4), (5), and (6).''.
(c) Calculation of Amounts.--Section 104(c) of title 23, United
States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``each of fiscal years 2016 through 2020'' and
inserting ``fiscal year 2022 and each fiscal year
thereafter'';
(B) in subparagraph (A)--
(i) by striking clause (i) and inserting the
following:
``(i) the base apportionment; by''; and
(ii) in clause (ii)(I), by striking ``fiscal
year 2015'' and inserting ``fiscal year 2021'';
and
(C) by striking subparagraph (B) and inserting the
following:
``(B) Guaranteed amounts.--The initial amounts
resulting from the calculation under subparagraph (A)
shall be adjusted to ensure that each State receives an
aggregate apportionment that is--
``(i) equal to at least 95 percent of the
estimated tax payments paid into the Highway Trust
Fund (other than the Mass Transit Account) in the
most recent fiscal year for which data are
available that are--
``(I) attributable to highway users
in the State; and
``(II) associated with taxes in
effect on July 1, 2019, and only up to
the rate those taxes were in effect on
that date;
``(ii) at least 2 percent greater than the
apportionment that the State received for fiscal
year 2021; and
``(iii) at least 1 percent greater than the
apportionment that the State received for the
previous fiscal year.''; and
(2) in paragraph (2)--
(A) by striking ``fiscal years 2016 through 2020''
and inserting ``fiscal year 2022 and each fiscal year
thereafter''; and
(B) by inserting ``the carbon reduction program
under section 175, to carry out subsection (c) of the
PROTECT program under section 176,'' before ``and to
carry out section 134''.
[[Page 135 STAT. 457]]
(d) Metropolitan Planning.--Section 104(d)(1)(A) of title 23, United
States Code, is amended by striking ``paragraphs (5)(D) and (6) of
subsection (b)'' each place it appears and inserting ``subsection
(b)(6)''.
(e) Supplemental Funds.--Section 104 of title 23, United States
Code, is amended by striking subsection (h).
(f) Base Apportionment Defined.--Section 104 of title 23, United
States Code, is amended--
(1) by redesignating subsection (i) as subsection (h); and
(2) in subsection (h) (as so redesignated)--
(A) by striking ``means'' in the matter preceding
paragraph (1) and all that follows through ``the
combined amount'' in paragraph (1) and inserting ``means
the combined amount'';
(B) by striking ``and to carry out section 134;
minus'' and inserting ``the carbon reduction program
under section 175, to carry out subsection (c) of the
PROTECT program under section 176, and to carry out
section 134.''; and
(C) by striking paragraph (2).
SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) to provide support for activities to increase the
resiliency of the National Highway System to mitigate the cost
of damages from sea level rise, extreme weather events,
flooding, wildfires, or other natural disasters.'';
(2) in subsection (d)(2), by adding at the end the
following:
``(Q) Undergrounding public utility infrastructure
carried out in conjunction with a project otherwise
eligible under this section.
``(R) Resiliency improvements on the National
Highway System, including protective features described
in subsection (k)(2).
``(S) Implement activities to protect segments of
the National Highway System from cybersecurity
threats.'';
(3) in subsection (e)(4)(D), by striking ``analysis'' and
inserting ``analyses, both of which shall take into
consideration extreme weather and resilience''; and
(4) by adding at the end the following:
``(k) Protective Features.--
``(1) In general.--A State may use not more than 15 percent
of the funds apportioned to the State under section 104(b)(1)
for each fiscal year for 1 or more protective features on a
Federal-aid highway or bridge not on the National Highway
System, if the protective feature is designed to mitigate the
risk of recurring damage or the cost of future repairs from
extreme weather events, flooding, or other natural disasters.
``(2) Protective features described.--A protective feature
referred to in paragraph (1) includes--
``(A) raising roadway grades;
[[Page 135 STAT. 458]]
``(B) relocating roadways in a base floodplain to
higher ground above projected flood elevation levels or
away from slide prone areas;
``(C) stabilizing slide areas;
``(D) stabilizing slopes;
``(E) lengthening or raising bridges to increase
waterway openings;
``(F) increasing the size or number of drainage
structures;
``(G) replacing culverts with bridges or upsizing
culverts;
``(H) installing seismic retrofits on bridges;
``(I) adding scour protection at bridges, installing
riprap, or adding other scour, stream stability,
coastal, or other hydraulic countermeasures, including
spur dikes; and
``(J) the use of natural infrastructure to mitigate
the risk of recurring damage or the cost of future
repair from extreme weather events, flooding, or other
natural disasters.
``(3) Savings provision.--Nothing in this subsection limits
the ability of a State to carry out a project otherwise eligible
under subsection (d) using funds apportioned under section
104(b)(1).''.
SEC. 11106. EMERGENCY RELIEF.
Section 125 of title 23, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``wildfire,'' after
``severe storm,'';
(2) by striking subsection (b) and inserting the following:
``(b) Restriction on Eligibility.--Funds under this section shall
not be used for the repair or reconstruction of a bridge that has been
permanently closed to all vehicular traffic by the State or responsible
local official because of imminent danger of collapse due to a
structural deficiency or physical deterioration.''; and
(3) in subsection (d)--
(A) in paragraph (2)(A)--
(i) by striking the period at the end and
inserting ``; and'';
(ii) by striking ``a facility that meets the
current'' and inserting the following: ``a
facility that--
``(i) meets the current''; and
(iii) by adding at the end the following:
``(ii) incorporates economically justifiable
improvements that will mitigate the risk of
recurring damage from extreme weather, flooding,
and other natural disasters.'';
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following:
``(3) Protective features.--
``(A) In general.--The cost of an improvement that
is part of a project under this section shall be an
eligible expense under this section if the improvement
is a protective feature that will mitigate the risk of
recurring damage or the cost of future repair from
extreme weather, flooding, and other natural disasters.
[[Page 135 STAT. 459]]
``(B) Protective features described.--A protective
feature referred to in subparagraph (A) includes--
``(i) raising roadway grades;
``(ii) relocating roadways in a floodplain to
higher ground above projected flood elevation
levels or away from slide prone areas;
``(iii) stabilizing slide areas;
``(iv) stabilizing slopes;
``(v) lengthening or raising bridges to
increase waterway openings;
``(vi) increasing the size or number of
drainage structures;
``(vii) replacing culverts with bridges or
upsizing culverts;
``(viii) installing seismic retrofits on
bridges;
``(ix) adding scour protection at bridges,
installing riprap, or adding other scour, stream
stability, coastal, or other hydraulic
countermeasures, including spur dikes; and
``(x) the use of natural infrastructure to
mitigate the risk of recurring damage or the cost
of future repair from extreme weather, flooding,
and other natural disasters.''.
SEC. 11107. FEDERAL SHARE PAYABLE.
Section 120 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), in the first sentence, by
inserting ``vehicle-to-infrastructure communication
equipment,'' after ``breakaway utility poles,'';
(B) in subparagraph (3)(B)--
(i) in clause (v), by striking ``or'' at the
end;
(ii) by redesignating clause (vi) as clause
(vii); and
(iii) by inserting after clause (v) the
following:
``(vi) contractual provisions that provide
safety contingency funds to incorporate safety
enhancements to work zones prior to or during
roadway construction activities; or''; and
(C) by adding at the end the following:
``(4) <> Pooled funding.--
Notwithstanding any other provision of law, the Secretary may
waive the non-Federal share of the cost of a project or activity
under section 502(b)(6) that is carried out with amounts
apportioned under section 104(b)(2) after considering
appropriate factors, including whether--
``(A) decreasing or eliminating the non-Federal
share would best serve the interests of the Federal-aid
highway program; and
``(B) the project or activity addresses national or
regional high priority research, development, and
technology transfer problems in a manner that would
benefit multiple States or metropolitan planning
organizations.'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``180 days'' and
inserting ``270 days''; and
(B) in paragraph (4), by striking ``permanent''; and
(3) by adding at the end the following:
``(l) Federal Share Flexibility Pilot Program.--
[[Page 135 STAT. 460]]
``(1) <> Establishment.--Not later than
180 days after the date of enactment of the Surface
Transportation Reauthorization Act of 2021, the Secretary shall
establish a pilot program (referred to in this subsection as the
`pilot program') to give States additional flexibility with
respect to the Federal requirements under this section.
``(2) Program.--
``(A) In general.--Notwithstanding any other
provision of law, a State participating in the pilot
program (referred to in this subsection as a
`participating State') may determine the Federal share
on a project, multiple-project, or program basis for
projects under any of the following:
``(i) The national highway performance program
under section 119.
``(ii) The surface transportation block grant
program under section 133.
``(iii) The highway safety improvement program
under section 148.
``(iv) The congestion mitigation and air
quality improvement program under section 149.
``(v) The national highway freight program
under section 167.
``(vi) The carbon reduction program under
section 175.
``(vii) Subsection (c) of the PROTECT program
under section 176.
``(B) Requirements.--
``(i) Maximum federal share.--Subject to
clause (iii), the Federal share of the cost of an
individual project carried out under a program
described in subparagraph (A) by a participating
State and to which the participating State is
applying the Federal share requirements under the
pilot program may be up to 100 percent.
``(ii) Minimum federal share.--No individual
project carried out under a program described in
subparagraph (A) by a participating State and to
which the participating State is applying the
Federal share requirements under the pilot program
shall have a Federal share of 0 percent.
``(iii) Determination.--The average annual
Federal share of the total cost of all projects
authorized under a program described in
subparagraph (A) to which a participating State is
applying the Federal share requirements under the
pilot program shall be not more than the average
of the maximum Federal share of those projects if
those projects were not carried out under the
pilot program.
``(C) Selection.--
``(i) Application.--A State seeking to be a
participating State shall--
``(I) submit to the Secretary an
application in such form, at such time,
and containing such information as the
Secretary may require; and
``(II) have in place adequate
financial controls to allow the State to
determine the average annual
[[Page 135 STAT. 461]]
Federal share requirements under the
pilot program.
``(ii) Requirement.--For each of fiscal years
2022 through 2026, the Secretary shall select not
more than 10 States to be participating States.''.
SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS.
(a) In General.--Section 130(e) of title 23, United States Code, is
amended--
(1) in the heading, by striking ``Protective Devices'' and
inserting ``Railway-Highway Grade Crossings''; and
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``and the
installation of protective devices at railway-highway
crossings'' in the matter preceding clause (i) and all
that follows through ``2020.'' in clause (v) and
inserting the following: ``, the installation of
protective devices at railway-highway crossings, the
replacement of functionally obsolete warning devices,
and as described in subparagraph (B), not less than
$245,000,000 for each of fiscal years 2022 through
2026.''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Reducing trespassing fatalities and
injuries.--A State may use funds set aside under
subparagraph (A) for projects to reduce pedestrian
fatalities and injuries from trespassing at grade
crossings.''.
(b) Federal Share.--Section 130(f)(3) of title 23, United States
Code, is amended by striking ``90 percent'' and inserting ``100
percent''.
(c) Incentive Payments for At-grade Crossing Closures.--Section
130(i)(3)(B) of title 23, United States Code, is amended by striking
``$7,500'' and inserting ``$100,000''.
(d) Expenditure of Funds.--Section 130(k) of title 23, United States
Code, is amended by striking ``2 percent'' and inserting ``8 percent''.
(e) <> GAO Study.--Not later than 3 years
after the date of enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report that includes an
analysis of the effectiveness of the railway-highway crossings program
under section 130 of title 23, United States Code.
(f) Sense of Congress Relating to Trespasser Deaths Along Railroad
Rights-of-way.--It is the sense of Congress that the Department should,
where feasible, coordinate departmental efforts to prevent or reduce
trespasser deaths along railroad rights-of-way and at or near railway-
highway crossings.
SEC. 11109. 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:
[[Page 135 STAT. 462]]
``(ii) <> that are
privately or majority-privately owned, but that
the Secretary determines provide a substantial
public transportation benefit or otherwise meet
the foremost needs of the surface transportation
system described in section 101(b)(3)(D);'';
(ii) in subparagraph (E), by striking ``and''
at the end;
(iii) in subparagraph (F), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(G) wildlife crossing structures.'';
(B) in paragraph (3), by inserting
``148(a)(4)(B)(xvii),'' after ``119(g),'';
(C) by redesignating paragraphs (4) through (15) as
paragraphs (5), (6), (7), (8), (9), (10), (11), (12),
(13), (20), (21), and (22), respectively;
(D) in paragraph (5) (as so redesignated), by
striking ``railway-highway grade crossings'' and
inserting ``projects eligible under section 130 and
installation of safety barriers and nets on bridges'';
(E) in paragraph (7) (as so redesignated)--
(i) by inserting ``including the maintenance
and restoration of existing recreational trails,''
after ``section 206''; and
(ii) by striking ``the safe routes to school
program under section 1404 of SAFETEA-LU (23
U.S.C. 402 note)'' and inserting ``the safe routes
to school program under section 208'';
(F) by inserting after paragraph (13) (as so
redesignated) the following:
``(14) Projects and strategies designed to reduce the number
of wildlife-vehicle collisions, including project-related
planning, design, construction, monitoring, and preventative
maintenance.
``(15) The installation of electric vehicle charging
infrastructure and vehicle-to-grid infrastructure.
``(16) The installation and deployment of current and
emerging intelligent transportation technologies, including the
ability of vehicles to communicate with infrastructure,
buildings, and other road users.
``(17) Planning and construction of projects that facilitate
intermodal connections between emerging transportation
technologies, such as magnetic levitation and hyperloop.
``(18) Protective features, including natural
infrastructure, to enhance the resilience of a transportation
facility otherwise eligible for assistance under this section.
``(19) Measures to protect a transportation facility
otherwise eligible for assistance under this section from
cybersecurity threats.''; and
(G) by adding at the end the following:
``(23) Rural barge landing, dock, and waterfront
infrastructure projects in accordance with subsection (j).
``(24) Projects to enhance travel and tourism.'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``paragraphs (4)
through (11)'' and inserting ``paragraphs (5) through
(15) and paragraph (23)'';
[[Page 135 STAT. 463]]
(B) in paragraph (3), by striking ``and'' at the
end;
(C) by redesignating paragraph (4) as paragraph (5);
and
(D) by inserting after paragraph (3) the following:
``(4) for a bridge project for the replacement of a low
water crossing (as defined by the Secretary) with a bridge;
and'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``reservation'' and inserting ``set
aside''; and
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``the percentage
specified in paragraph (6) for a fiscal
year'' and inserting ``55 percent for
each of fiscal years 2022 through
2026''; and
(II) by striking clauses (ii) and
(iii) and inserting the following:
``(ii) in urbanized areas of the State with an
urbanized area population of not less than 50,000
and not more than 200,000;
``(iii) in urban areas of the State with a
population not less than 5,000 and not more than
49,999; and
``(iv) in other areas of the State with a
population less than 5,000; and'';
(B) by striking paragraph (3) and inserting the
following:
``(3) Local consultation.--
``(A) Consultation with metropolitan planning
organizations.--For purposes of clause (ii) of paragraph
(1)(A), a State shall--
``(i) establish a process to consult with all
metropolitan planning organizations in the State
that represent an urbanized area described in that
clause; and
``(ii) describe how funds allocated for areas
described in that clause will be allocated
equitably among the applicable urbanized areas
during the period of fiscal years 2022 through
2026.
``(B) Consultation with regional transportation
planning organizations.--For purposes of clauses (iii)
and (iv) of paragraph (1)(A), before obligating funding
attributed to an area with a population less than
50,000, a State shall consult with the regional
transportation planning organizations that represent the
area, if any.''; and
(C) by striking paragraph (6);
(4) in subsection (e)(1), in the matter preceding
subparagraph (A), by striking ``fiscal years 2016 through 2020''
and inserting ``fiscal years 2022 through 2026'';
(5) in subsection (f)--
(A) in paragraph (1)--
(i) by inserting ``or low water crossing (as
defined by the Secretary)'' after ``a highway
bridge''; and
(ii) by inserting ``or low water crossing (as
defined by the Secretary)'' after ``other than a
bridge'';
(B) in paragraph (2)(A)--
(i) by striking ``activities described in
subsection (b)(2) for off-system bridges'' and
inserting ``activities
[[Page 135 STAT. 464]]
described in paragraphs (1)(A) and (10) of
subsection (b) for off-system bridges, projects
and activities described in subsection (b)(1)(A)
for the replacement of low water crossings with
bridges, and projects and activities described in
subsection (b)(10) for low water crossings (as
defined by the Secretary),''; and
(ii) by striking ``15 percent'' and inserting
``20 percent''; and
(C) in paragraph (3), in the matter preceding
subparagraph (A)--
(i) by striking ``bridge or rehabilitation of
a bridge'' and inserting ``bridge, rehabilitation
of a bridge, or replacement of a low water
crossing (as defined by the Secretary) with a
bridge''; and
(ii) <> by inserting
``or, in the case of a replacement of a low water
crossing with a bridge, is determined by the
Secretary on completion to have improved the
safety of the location'' after ``no longer a
deficient bridge'';
(6) in subsection (g)--
(A) in the subsection heading, by striking ``Less
Than 5,000'' and inserting ``Less Than 50,000''; and
(B) by striking paragraph (1) and inserting the
following:
``(1) In general.--Notwithstanding subsection (c), and
except as provided in paragraph (2), up to 15 percent of the
amounts required to be obligated by a State under clauses (iii)
and (iv) of subsection (d)(1)(A) for each fiscal year may be
obligated on--
``(A) roads functionally classified as rural minor
collectors or local roads; or
``(B) on critical rural freight corridors designated
under section 167(e).''; and
(7) by adding at the end the following:
``(j) Rural Barge Landing, Dock, and Waterfront Infrastructure
Projects.--
``(1) In general.--A State may use not more than 5 percent
of the funds apportioned to the State under section 104(b)(2)
for eligible rural barge landing, dock, and waterfront
infrastructure projects described in paragraph (2).
``(2) Eligible projects.--An eligible rural barge landing,
dock, or waterfront infrastructure project referred to in
paragraph (1) is a project for the planning, designing,
engineering, or construction of a barge landing, dock, or other
waterfront infrastructure in a rural community or a Native
village (as defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602)) that is off the road system.
``(k) Projects in Rural Areas.--
``(1) Set aside.--Notwithstanding subsection (c), in
addition to the activities described in subsections (b) and (g),
of the amounts apportioned to a State for each fiscal year to
carry out this section, not more than 15 percent may be--
``(A) used on eligible projects under subsection (b)
or maintenance activities on roads functionally
classified as rural minor collectors or local roads, ice
roads, or seasonal roads; or
``(B) transferred to--
[[Page 135 STAT. 465]]
``(i) the Appalachian Highway System Program
under 14501 of title 40; or
``(ii) the Denali access system program under
section 309 of the Denali Commission Act of 1998
(42 U.S.C. 3121 note; Public Law 105-277).
``(2) Savings clause.--Amounts allocated under subsection
(d) shall not be used to carry out this subsection, except at
the request of the applicable metropolitan planning
organization.''.
(b) Set-aside.--
(1) In general.--Section 133(h) of title 23, United States
Code, is amended--
(A) in paragraph (1)--
(i) in the heading, by striking ``Reservation
of funds'' and inserting ``In general''; and
(ii) in the matter preceding subparagraph (A),
by striking ``for each fiscal year'' and all that
follows through ``and'' at the end of subparagraph
(A)(ii) and inserting the following: ``for fiscal
year 2022 and each fiscal year thereafter--
``(A) the Secretary shall set aside an amount equal
to 10 percent to carry out this subsection; and'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Allocation within a state.--
``(A) In general.--Except as provided in
subparagraph (B), funds set aside for a State under
paragraph (1) shall be obligated within that State in
the manner described in subsection (d), except that, for
purposes of this paragraph (after funds are made
available under paragraph (5))--
``(i) for fiscal year 2022 and each fiscal
year thereafter, the percentage referred to in
paragraph (1)(A) of that subsection shall be
deemed to be 59 percent; and
``(ii) paragraph (3) of subsection (d) shall
not apply.
``(B) Local control.--A State may allocate up to 100
percent of the funds referred to in subparagraph (A)(i)
if--
``(i) <> the State submits to
the Secretary a plan that describes--
``(I) how funds will be allocated to
counties, metropolitan planning
organizations, regional transportation
planning organizations as described in
section 135(m), or local governments;
``(II) how the entities described in
subclause (I) will carry out a
competitive process to select projects
for funding and report selected projects
to the State;
``(III) the legal, financial, and
technical capacity of the entities
described in subclause (I);
``(IV) how input was gathered from
the entities described in subclause (I)
to ensure those entities will be able to
comply with the requirements of this
subsection; and
``(V) how the State will comply with
paragraph (8); and
[[Page 135 STAT. 466]]
``(ii) the Secretary approves the plan
submitted under clause (i).'';
(C) by striking paragraph (3) and inserting the
following:
``(3) Eligible projects.--Funds set aside under this
subsection may be obligated for--
``(A) projects or activities described in section
101(a)(29) or 213, as those provisions were in effect on
the day before the date of enactment of the FAST Act
(Public Law 114-94; 129 Stat. 1312);
``(B) projects and activities under the safe routes
to school program under section 208; and
``(C) activities in furtherance of a vulnerable road
user safety assessment (as defined in section
148(a)).'';
(D) in paragraph (4)--
(i) by striking subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (A);
(iii) in subparagraph (A) (as so
redesignated)--
(I) by redesignating clauses (vii)
and (viii) as clauses (viii) and (ix),
respectively;
(II) by inserting after clause (vi)
the following:
``(vii) a metropolitan planning organization
that serves an urbanized area with a population of
200,000 or fewer;'';
(III) in clause (viii) (as so
redesignated), by striking
``responsible'' and all that follows
through ``programs; and'' and inserting
a semicolon;
(IV) in clause (ix) (as so
redesignated)--
(aa) by inserting ``that
serves an urbanized area with a
population of over 200,000''
after ``metropolitan planning
organization''; and
(bb) by striking the period
at the end and inserting ``;
and''; and
(V) by adding at the end the
following:
``(x) a State, at the request of an entity
described in clauses (i) through (ix).''; and
(iv) by adding at the end the following:
``(B) Competitive process.--A State or metropolitan
planning organization required to obligate funds in
accordance with paragraph (2) shall develop a
competitive process to allow eligible entities to submit
projects for funding that achieve the objectives of this
subsection.
``(C) Selection.--A metropolitan planning
organization for an area described in subsection
(d)(1)(A)(i) shall select projects under the competitive
process described in subparagraph (B) in consultation
with the relevant State.
``(D) Prioritization.--The competitive process
described in subparagraph (B) shall include
prioritization of project location and impact in high-
need areas as defined by the State, such as low-income,
transit-dependent, rural, or other areas.'';
(E) in paragraph (5)(A), by striking ``reserved
under this section'' and inserting ``set aside under
this subsection'';
(F) in paragraph (6)--
(i) in subparagraph (B), by striking
``reserved'' and inserting ``set aside''; and
[[Page 135 STAT. 467]]
(ii) by adding at the end the following:
``(C) Improving accessibility and efficiency.--
``(i) In general.--A State may use an amount
equal to not more than 5 percent of the funds set
aside for the State under this subsection, after
allocating funds in accordance with paragraph
(2)(A), to improve the ability of applicants to
access funding for projects under this subsection
in an efficient and expeditious manner by
providing--
``(I) to applicants for projects
under this subsection application
assistance, technical assistance, and
assistance in reducing the period of
time between the selection of the
project and the obligation of funds for
the project; and
``(II) funding for 1 or more full-
time State employee positions to
administer this subsection.
``(ii) Use of funds.--Amounts used under
clause (i) may be expended--
``(I) directly by the State; or
``(II) through contracts with State
agencies, private entities, or nonprofit
entities.'';
(G) by redesignating paragraph (7) as paragraph (8);
(H) by inserting after paragraph (6) the following:
``(7) Federal share.--
``(A) Required aggregate non-federal share.--The
average annual non-Federal share of the total cost of
all projects for which funds are obligated under this
subsection in a State for a fiscal year shall be not
less than the average non-Federal share of the cost of
the projects that would otherwise apply.
``(B) Flexible financing.--Subject to subparagraph
(A), notwithstanding section 120--
``(i) funds made available to carry out
section 148 may be credited toward the non-Federal
share of the costs of a project under this
subsection if the project--
``(I) is an eligible project
described in section 148(e)(1); and
``(II) is consistent with the State
strategic highway safety plan (as
defined in section 148(a));
``(ii) the non-Federal share for a project
under this subsection may be calculated on a
project, multiple-project, or program basis; and
``(iii) the Federal share of the cost of an
individual project in this section may be up to
100 percent.
``(C) <>
Requirement.--Subparagraph (B) shall only apply to a
State if the State has adequate financial controls, as
certified by the Secretary, to account for the average
annual non-Federal share under this paragraph.''; and
(I) in subparagraph (A) of paragraph (8) (as so
redesignated)--
(i) in the matter preceding clause (i), by
striking ``describes'' and inserting ``includes'';
and
(ii) by striking clause (ii) and inserting the
following:
``(ii) a list of each project selected for
funding for each fiscal year, including, for each
project--
[[Page 135 STAT. 468]]
``(I) the fiscal year during which
the project was selected;
``(II) the fiscal year in which the
project is anticipated to be funded;
``(III) the recipient;
``(IV) the location, including the
congressional district;
``(V) the type;
``(VI) the cost; and
``(VII) a brief description.''.
(2) State transferability.--Section 126(b)(2) of title 23,
United States Code, is amended--
(A) by striking the period at the end and inserting
``; and'';
(B) by striking ``reserved for a State under section
133(h) for a fiscal year may'' and inserting the
following: ``set aside for a State under section 133(h)
for a fiscal year--
``(A) may''; and
(C) by adding at the end the following:
``(B) <> may only be
transferred if the Secretary certifies that the State--
``(i) held a competition in compliance with
the guidance issued to carry out section 133(h)
and provided sufficient time for applicants to
apply;
``(ii) offered to each eligible entity, and
provided on request of an eligible entity,
technical assistance; and
``(iii) demonstrates that there were not
sufficiently suitable applications from eligible
entities to use the funds to be transferred.''.
SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.
(a) In General.--Section 117 of title 23, United States Code, is
amended--
(1) in the section heading, by inserting ``multimodal''
before ``freight'';
(2) in subsection (a)(2)--
(A) in subparagraph (A), by inserting ``in and
across rural and urban areas'' after ``people'';
(B) in subparagraph (C), by inserting ``or freight''
after ``highway'';
(C) in subparagraph (E), by inserting ``or freight''
after ``highway''; and
(D) in subparagraph (F), by inserting ``, including
highways that support movement of energy equipment''
after ``security'';
(3) 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
[[Page 135 STAT. 469]]
the award and oversight of grants provided under this
section.'';
(4) in subsection (c)(1)--
(A) by redesignating subparagraph (H) as
subparagraph (I); and
(B) by inserting after subparagraph (G) the
following:
``(H) A multistate corridor organization.'';
(5) 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;
``(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; or
``(viii) a highway, bridge, or freight project
carried out on the National Multimodal Freight
Network established under section 70103 of title
49; and''; and
(B) in paragraph (2)(A), in the matter preceding
clause (i)--
(i) by striking ``$600,000,000'' and inserting
``30 percent''; and
(ii) by striking ``fiscal years 2016 through
2020, in the aggregate,'' and inserting ``each of
fiscal years 2022 through 2026'';
(6) 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:
[[Page 135 STAT. 470]]
``(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)).'';
(7) in subsection (f)(2), by inserting ``(including a
project to replace or rehabilitate a culvert, or to reduce
stormwater runoff for the purpose of improving habitat for
aquatic species)'' after ``environmental mitigation'';
(8) in subsection (h)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(4) enhancement of freight resilience to natural hazards
or disasters, including high winds, heavy snowfall, flooding,
rockslides, mudslides, wildfire, wildlife crossing onto the
roadway, or steep grades;
``(5) whether the project will improve the shared
transportation corridor of a multistate corridor organization,
if applicable; and
``(6) prioritizing projects located in States in which
neither the State nor an eligible entity in that State has been
awarded a grant under this section.'';
(9) in subsection (i)(2), by striking ``other grants under
this section'' and inserting ``grants under subsection (e)'';
(10) 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'';
[[Page 135 STAT. 471]]
(11) by redesignating subsections (k) through (n) as
subsections (l), (m), (n), and (p), respectively;
(12) by inserting after subsection (j) the following:
``(k) Efficient Use of Non-Federal Funds.--
``(1) <> In general.--Notwithstanding any
other provision of law and subject to approval by the Secretary
under paragraph (2)(B), in the case of any grant for a project
under this section, during the period beginning on the date on
which the grant recipient is selected and ending on the date on
which the grant agreement is signed--
``(A) the grant recipient may obligate and expend
non-Federal funds with respect to the project for which
the grant is provided; and
``(B) any non-Federal funds obligated or expended in
accordance with subparagraph (A) shall be credited
toward the non-Federal cost share for the project for
which the grant is provided.
``(2) Requirements.--
``(A) Application.--In order to obligate and expend
non-Federal funds under paragraph (1), the grant
recipient shall submit to the Secretary a request to
obligate and expend non-Federal funds under that
paragraph, including--
``(i) a description of the activities the
grant recipient intends to fund;
``(ii) a justification for advancing the
activities described in clause (i), including an
assessment of the effects to the project scope,
schedule, and budget if the request is not
approved; and
``(iii) the level of risk of the activities
described in clause (i).
``(B) Approval.--The Secretary shall approve or
disapprove each request submitted under subparagraph
(A).
``(C) Compliance with applicable requirements.--Any
non-Federal funds obligated or expended under paragraph
(1) shall comply with all applicable requirements,
including any requirements included in the grant
agreement.
``(3) Effect.--The obligation or expenditure of any non-
Federal funds in accordance with this subsection shall not--
``(A) affect the signing of a grant agreement or
other applicable grant procedures with respect to the
applicable grant;
``(B) create an obligation on the part of the
Federal Government to repay any non-Federal funds if the
grant agreement is not signed; or
``(C) affect the ability of the recipient of the
grant to obligate or expend non-Federal funds to meet
the non-Federal cost share for the project for which the
grant is provided after the period described in
paragraph (1).'';
(13) in subsection (n) (as so redesignated), by striking
paragraph (1) and inserting the following:
``(1) <> In general.--Not later than 60
days before the date on which a grant is provided for a project
under this section, the Secretary shall submit to the Committees
on Commerce, Science, and Transportation and Environment and
Public Works of the Senate and the Committee on Transportation
[[Page 135 STAT. 472]]
and Infrastructure of the House of Representatives a report
describing the proposed grant, including--
``(A) <> an evaluation and
justification for the applicable project; and
``(B) a description of the amount of the proposed
grant award.'';
(14) 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
(15) by striking subsection (p) (as so redesignated) and
inserting the following:
``(p) Reports.--
``(1) Annual report.--
``(A) <> In general.--
Notwithstanding any other provision of law, not later
than 30 days after the date on which the Secretary
selects a project for funding under this section, the
Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that describes the reasons for
selecting the project, based on any criteria established
by the Secretary in accordance with this section.
``(B) Inclusions.--The report submitted under
subparagraph (A) shall specify each criterion
established by the Secretary that the project meets.
``(C) <> Availability.--The
Secretary shall make available on the website of the
Department of Transportation the report submitted under
subparagraph (A).
``(D) Applicability.--This paragraph applies to all
projects described in subparagraph (A) that the
Secretary selects on or after October 1, 2021.
``(2) Comptroller general.--
[[Page 135 STAT. 473]]
``(A) Assessment.--The Comptroller General of the
United States shall conduct an assessment of the
establishment, solicitation, selection, and
justification process with respect to the funding of
projects under this section.
``(B) Report.--Not later than 1 year after the date
of enactment of the Surface Transportation
Reauthorization Act of 2021 and annually thereafter, the
Comptroller General of the United States shall submit to
the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
that describes, for each project selected to receive
funding under this section--
``(i) the process by which each project was
selected;
``(ii) the factors that went into the
selection of each project; and
``(iii) the justification for the selection of
each project based on any criteria established by
the Secretary in accordance with this section.
``(3) <> Inspector general.--Not later
than 1 year after the date of enactment of the Surface
Transportation Reauthorization Act of 2021 and annually
thereafter, the Inspector General of the Department of
Transportation shall--
``(A) <> conduct an assessment
of the establishment, solicitation, selection, and
justification process with respect to the funding of
projects under this section; and
``(B) <> submit to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a final report that describes
the findings of the Inspector General of the Department
of Transportation with respect to the assessment
conducted under subparagraph (A).
``(q) <> State Incentives Pilot Program.--
``(1) Establishment.--There is established a pilot program
to award grants to eligible applicants for projects eligible for
grants under this section (referred to in this subsection as the
`pilot program').
``(2) Priority.--In awarding grants under the pilot program,
the Secretary shall give priority to an application that offers
a greater non-Federal share of the cost of a project relative to
other applications under the pilot program.
``(3) Federal share.--
``(A) In general.--Notwithstanding any other
provision of law, the Federal share of the cost of a
project assisted with a grant under the pilot program
may not exceed 50 percent.
``(B) No federal involvement.--
``(i) In general.--For grants awarded under
the pilot program, except as provided in clause
(ii), an eligible applicant may not use Federal
assistance to satisfy the non-Federal share of the
cost under subparagraph (A).
``(ii) Exception.--An eligible applicant may
use funds from a secured loan (as defined in
section 601(a)) to satisfy the non-Federal share
of the cost under subparagraph (A) if the loan is
repayable from non-Federal funds.
[[Page 135 STAT. 474]]
``(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 and the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report that describes the
administration of the pilot program, including--
``(A) the number, types, and locations of eligible
applicants that have applied for grants under the pilot
program;
``(B) the number, types, and locations of grant
recipients under the pilot program;
``(C) <> an assessment of
whether implementation of the pilot program has
incentivized eligible applicants to offer a greater non-
Federal share for grants under the pilot program; and
``(D) <> any
recommendations for modifications to the pilot program.
``(r) Multistate Corridor Organization Defined.--For purposes of
this section, the term `multistate corridor organization' means an
organization of a group of States developed through cooperative
agreements, coalitions, or other arrangements to promote regional
cooperation, planning, and shared project implementation for programs
and projects to improve transportation system management and operations
for a shared transportation corridor.
[[Page 135 STAT. 475]]
``(s) Additional Authorization of Appropriations.--In addition to
amounts made available from the Highway Trust Fund, there are authorized
to be appropriated to carry out this section, to remain available for a
period of 3 fiscal years following the fiscal year for which the amounts
are appropriated--
``(1) $1,000,000,000 for fiscal year 2022;
``(2) $1,100,000,000 for fiscal year 2023;
``(3) $1,200,000,000 for fiscal year 2024;
``(4) $1,300,000,000 for fiscal year 2025; and
``(5) $1,400,000,000 for fiscal year 2026.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, <> is amended by striking
the item relating to section 117 and inserting the following:
``117. Nationally significant multimodal freight and highway
projects.''.
(c) <> 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. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) In General.--Section 148 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)--
(i) in clause (i), by inserting ``that
provides for the safety of all road users, as
appropriate, including a multimodal roundabout''
after ``improvement'';
(ii) in clause (vi), by inserting ``or a grade
separation project'' after ``devices'';
(iii) by striking clause (viii) and inserting
the following:
``(viii) Construction or installation of
features, measures, and road designs to calm
traffic and reduce vehicle speeds.'';
(iv) by striking clause (xxvi) and inserting
the following:
``(xxvi) Installation or upgrades of traffic
control devices for pedestrians and bicyclists,
including pedestrian hybrid beacons and the
addition of bicycle movement phases to traffic
signals.''; and
(v) by striking clauses (xxvii) and (xxviii)
and inserting the following:
``(xxvii) Roadway improvements that provide
separation between pedestrians and motor vehicles
or between bicyclists and motor vehicles,
including medians, pedestrian crossing islands,
protected bike lanes, and protected intersection
features.
[[Page 135 STAT. 476]]
``(xxviii) A pedestrian security feature
designed to slow or stop a motor vehicle.
``(xxix) A physical infrastructure safety
project not described in clauses (i) through
(xxviii).'';
(B) by redesignating paragraphs (9) through (12) as
paragraphs (10), (12), (13), and (14), respectively;
(C) by inserting after paragraph (8) the following:
``(9) <> Safe system approach.--The term
`safe system approach' means a roadway design--
``(A) that emphasizes minimizing the risk of injury
or fatality to road users; and
``(B) that--
``(i) takes into consideration the possibility
and likelihood of human error;
``(ii) accommodates human injury tolerance by
taking into consideration likely accident types,
resulting impact forces, and the ability of the
human body to withstand impact forces; and
``(iii) takes into consideration vulnerable
road users.'';
(D) by inserting after paragraph (10) (as so
redesignated) the following:
``(11) Specified safety project.--
``(A) <> In general.--The term
`specified safety project' means a project carried out
for the purpose of safety under any other section of
this title that is consistent with the State strategic
highway safety plan.
``(B) Inclusion.--The term `specified safety
project' includes a project that--
``(i) promotes public awareness and informs
the public regarding highway safety matters
(including safety for motorcyclists, bicyclists,
pedestrians, individuals with disabilities, and
other road users);
``(ii) facilitates enforcement of traffic
safety laws;
``(iii) provides infrastructure and
infrastructure-related equipment to support
emergency services;
``(iv) conducts safety-related research to
evaluate experimental safety countermeasures or
equipment; or
``(v) supports safe routes to school
noninfrastructure-related activities described in
section 208(g)(2).'';
(E) in paragraph (13) (as so redesignated)--
(i) by redesignating subparagraphs (G), (H),
and (I) as subparagraphs (H), (I), and (J),
respectively; and
(ii) by inserting after subparagraph (F) the
following;
``(G) includes a vulnerable road user safety
assessment;''; and
(F) <> by adding at the end the
following:
``(15) Vulnerable road user.--The term `vulnerable road
user' means a nonmotorist--
``(A) with a fatality analysis reporting system
person attribute code that is included in the definition
of the term `number of non-motorized fatalities' in
section 490.205 of title 23, Code of Federal Regulations
(or successor regulations); or
[[Page 135 STAT. 477]]
``(B) described in the term `number of non-motorized
serious injuries' in that section.
``(16) Vulnerable road user safety assessment.--The term
`vulnerable road user safety assessment' means an assessment of
the safety performance of the State with respect to vulnerable
road users and the plan of the State to improve the safety of
vulnerable road users as described in subsection (l).'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``subsections
(a)(11)'' and inserting ``subsections (a)(13)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi), by inserting
``and to differentiate the safety data for
vulnerable road users, including bicyclists,
motorcyclists, and pedestrians, from other road
users'' after ``crashes'';
(ii) in subparagraph (B)(i), by striking
``(including motorcyclists), bicyclists,
pedestrians,'' and inserting ``, vulnerable road
users (including motorcyclists, bicyclists,
pedestrians),''; and
(iii) in subparagraph (D)--
(I) in clause (iv), by striking
``and'' at the end;
(II) in clause (v), by striking the
semicolon at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(vi) improves the ability of the State to
differentiate the fatalities and serious injuries
of vulnerable road users, including bicyclists,
motorcyclists, and pedestrians, from other road
users;'';
(3) in subsection (d)(2)(B)(i), by striking ``subsection
(a)(11)'' and inserting ``subsection (a)(13)'';
(4) in subsection (e), by adding at the end the following:
``(3) Flexible funding for specified safety projects.--
``(A) In general.--To advance the implementation of
a State strategic highway safety plan, a State may use
not more than 10 percent of the amounts apportioned to
the State under section 104(b)(3) for a fiscal year to
carry out specified safety projects.
``(B) Rule of construction.--Nothing in this
paragraph requires a State to revise any State process,
plan, or program in effect on the date of enactment of
this paragraph.
``(C) Effect of paragraph.--
``(i) Requirements.--A project carried out
under this paragraph shall be subject to all
requirements under this section that apply to a
highway safety improvement project.
``(ii) Other apportioned programs.--Nothing in
this paragraph prohibits the use of funds made
available under other provisions of this title for
a specified safety project that is a
noninfrastructure project.'';
(5) in subsection (g), by adding at the end the following:
``(3) <> Vulnerable road user safety.--
If the total annual fatalities of vulnerable road users in a
State represents not less than 15 percent of the total annual
crash fatalities in the State, that State shall be required to
obligate not less than 15 percent of the amounts apportioned to
the State under
[[Page 135 STAT. 478]]
section 104(b)(3) for the following fiscal year for highway
safety improvement projects to address the safety of vulnerable
road users.''; and
(6) by adding at the end the following:
``(l) Vulnerable Road User Safety Assessment.--
``(1) <> In general.--Not later than 2
years after the date of enactment of this subsection, each State
shall complete a vulnerable road user safety assessment.
``(2) Contents.--A vulnerable road user safety assessment
under paragraph (1) shall include--
``(A) <> a quantitative
analysis of vulnerable road user fatalities and serious
injuries that--
``(i) includes data such as location, roadway
functional classification, design speed, speed
limit, and time of day;
``(ii) considers the demographics of the
locations of fatalities and serious injuries,
including race, ethnicity, income, and age; and
``(iii) based on the data, identifies areas as
`high-risk' to vulnerable road users; and
``(B) <> a program of projects
or strategies to reduce safety risks to vulnerable road
users in areas identified as high-risk under
subparagraph (A)(iii).
``(3) Use of data.--In carrying out a vulnerable road user
safety assessment under paragraph (1), a State shall use data
from the most recent 5-year period for which data is available.
``(4) Requirements.--In carrying out a vulnerable road user
safety assessment under paragraph (1), a State shall--
``(A) take into consideration a safe system
approach; and
``(B) <> consult with local
governments, metropolitan planning organizations, and
regional transportation planning organizations that
represent a high-risk area identified under paragraph
(2)(A)(iii).
``(5) Update.--A State shall update the vulnerable road user
safety assessment of the State in accordance with the updates
required to the State strategic highway safety plan under
subsection (d).
``(6) Requirement for transportation system access.--The
program of projects developed under paragraph (2)(B) may not
degrade transportation system access for vulnerable road users.
``(7) Guidance.--
``(A) <> In general.--Not later
than 1 year after the date of enactment of this
subsection, the Secretary shall develop guidance for
States to carry out this subsection.
``(B) Consultation.--In developing the guidance
under this paragraph, the Secretary shall consult with
the States and relevant safety stakeholders.''.
(b) <> High-risk Rural
Roads.--
(1) Study.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall update the study
under section 1112(b)(1) of MAP-21 (23 U.S.C. 148 note; Public
Law 112-141).
(2) <> Publication of report.--Not
later than 2 years after the date of enactment of this Act, the
Secretary shall publish on the website of the Department of
Transportation an update
[[Page 135 STAT. 479]]
to the report described in section 1112(b)(2) of MAP-21 (23
U.S.C. 148 note; Public Law 112-141).
(3) Best practices manual.--Not later than 180 days after
the date on which the report is published under paragraph (2),
the Secretary shall update the best practices manual described
in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note; Public Law
112-141).
SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM.
Section 203(a) of title 23, United States Code, is amended--
(1) in paragraph (1)(D), by striking ``$10,000,000'' and
inserting ``$20,000,000''; and
(2) by adding at the end the following:
``(6) Native plant materials.--In carrying out an activity
described in paragraph (1), the entity carrying out the activity
shall consider, to the maximum extent practicable--
``(A) the use of locally adapted native plant
materials; and
``(B) designs that minimize runoff and heat
generation.''.
SEC. 11113. FEDERAL LANDS ACCESS PROGRAM.
(a) Federal Share.--Section 201 of title 23, United States Code, is
amended--
(1) in subsection (b)(7)(B), by striking ``determined in
accordance with section 120'', and inserting ``be up to 100
percent''; and
(2) in subsection (c)(8)(A), by striking ``5 percent'' and
inserting ``20 percent''.
(b) Federal Lands Access Program.--Section 204(a) of title 23,
United States Code, is amended--
(1) in paragraph (1)(A)--
(A) in the matter preceding clause (i), by inserting
``context-sensitive solutions,'' after ``restoration,'';
(B) in clause (i), by inserting ``, including
interpretive panels in or adjacent to those areas''
after ``areas'';
(C) in clause (v), by striking ``and'' at the end;
(D) by redesignating clause (vi) as clause (ix); and
(E) by inserting after clause (v) the following:
``(vi) contextual wayfinding markers;
``(vii) landscaping;
``(viii) cooperative mitigation of visual
blight, including screening or removal; and''; and
(2) by adding at the end the following:
``(6) Native plant materials.--In carrying out an activity
described in paragraph (1), the Secretary shall ensure that the
entity carrying out the activity considers, to the maximum
extent practicable--
``(A) the use of locally adapted native plant
materials; and
``(B) designs that minimize runoff and heat
generation.''.
SEC. 11114. 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
[[Page 135 STAT. 480]]
(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. 11115. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
Section 149 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``subsection (d)'' and inserting ``subsections
(d) and (m)(1)(B)(ii)''
(B) in paragraph (7), by inserting ``shared
micromobility (including bikesharing and shared scooter
systems),'' after ``carsharing,'';
(C) in paragraph (8)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by inserting ``replacements or''
before ``retrofits'';
(II) by striking clause (i) and
inserting the following:
``(i) verified technologies (as defined in
section 791 of the Energy Policy Act of 2005 (42
U.S.C. 16131)) for motor vehicles (as defined in
section 216 of the Clean Air Act (42 U.S.C.
7550)); or''; and
(III) in clause (ii)(II), by
striking ``or'' at the end; and
(ii) in subparagraph (B), by inserting
``replacements or'' before ``retrofits''; and
[[Page 135 STAT. 481]]
(iii) by adding at the end the following:
``(C) the purchase of medium- or heavy-duty zero
emission vehicles and related charging equipment;'';
(D) in paragraph (9), by striking the period at the
end and inserting a semicolon; and
(E) <> by adding at the end
the following:
``(10) if the project is for the modernization or
rehabilitation of a lock and dam that--
``(A) is functionally connected to the Federal-aid
highway system; and
``(B) the Secretary determines is likely to
contribute to the attainment or maintenance of a
national ambient air quality standard; or
``(11) if the project is on a marine highway corridor,
connector, or crossing designated by the Secretary under section
55601(c) of title 46 (including an inland waterway corridor,
connector, or crossing) that--
``(A) is functionally connected to the Federal-aid
highway system; and
``(B) the Secretary determines is likely to
contribute to the attainment or maintenance of a
national ambient air quality standard.'';
(2) in subsection (c), by adding at the end the following:
``(4) Locks and dams; marine highways.--For each fiscal
year, a State may not obligate more than 10 percent of the funds
apportioned to the State under section 104(b)(4) for projects
described in paragraphs (10) and (11) of subsection (b).'';
(3) in subsection (f)(4)(A), by inserting ``and nonroad
vehicles and nonroad engines used in construction projects or
port-related freight operations'' after ``motor vehicles'';
(4) in subsection (g)--
(A) in paragraph (1)(B)--
(i) in the subparagraph heading, by inserting
``replacement or'' before ``retrofit'';
(ii) by striking ``The term `diesel retrofit'
'' and inserting ``The term `diesel replacement or
retrofit' ''; and
(iii) by inserting ``or retrofit'' after
``replacement'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``replacement or'' before
``retrofit''; and
(C) in paragraph (3), by inserting ``replacements
or'' before ``retrofits'';
(5) in subsection (k)(1), by striking ``that reduce such
fine particulate matter emissions in such area, including diesel
retrofits.'' and inserting ``that--
``(A) reduce such fine particulate matter emissions
in such area, including diesel replacements or
retrofits; and
``(B) to the extent practicable, prioritize benefits
to disadvantaged communities or low-income populations
living in, or immediately adjacent to, such area.'';
(6) in subsection (l), by adding at the following:
``(3) Assistance to metropolitan planning organizations.--
[[Page 135 STAT. 482]]
``(A) In general.--On the request of a metropolitan
planning organization, the Secretary may assist the
metropolitan planning organization tracking progress
made in minority or low-income populations as part of a
performance plan under this subsection.
``(B) Savings provision.--Nothing in this paragraph
provides the Secretary the authority--
``(i) to change the performance measures under
section 150(c)(5) or the performance targets
established under section 134(h)(2) or 150(d); or
``(ii) to establish any other Federal
requirement.''; and
(7) by striking subsection (m) and inserting the following:
``(m) Operating Assistance.--
``(1) In general.--A State may obligate funds apportioned
under section 104(b)(4) in an area of the State that is
otherwise eligible for obligations of such funds for operating
costs--
``(A) under chapter 53 of title 49; or
``(B) on--
``(i) a system for which CMAQ funding was
eligible, made available, obligated, or expended
in fiscal year 2012; or
``(ii) a State-supported Amtrak route with a
valid cost-sharing agreement under section 209 of
the Passenger Rail Investment and Improvement Act
of 2008 (49 U.S.C. 24101 note; Public Law 110-432)
and no current nonattainment areas under
subsection (d).
``(2) No time limitation.--Operating assistance provided
under paragraph (1) shall have no imposed time limitation if the
operating assistance is for--
``(A) a route described in subparagraph (B) 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. 11116. 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
[[Page 135 STAT. 483]]
any Federal-aid highway funds apportioned to the State of Alaska under
this title at a Federal share of 100 per centum. No expenditures shall
be made for the construction of the portion of such highways that are in
Canada unless an agreement is in place between the Government of Canada
and the Government of the United States (including an agreement in
existence on the date of enactment of the Surface Transportation
Reauthorization Act of 2021) that provides, in part, that the Canadian
Government--
``(1) will provide, without participation of funds
authorized under this title, all necessary right-of-way for the
reconstruction of such highways;
``(2) will not impose any highway toll, or permit any such
toll to be charged for the use of such highways by vehicles or
persons;
``(3) will not levy or assess, directly or indirectly, any
fee, tax, or other charge for the use of such highways by
vehicles or persons from the United States that does not apply
equally to vehicles or persons of Canada;
``(4) will continue to grant reciprocal recognition of
vehicle registration and driver's licenses in accordance with
agreements between the United States and Canada; and
``(5) will maintain such highways after their completion in
proper condition adequately to serve the needs of present and
future traffic.
``(b) The survey and construction work undertaken in Canada pursuant
to this section shall be under the general supervision of the Secretary.
``(c) <> For purposes of this section, the term
`Alaska Marine Highway System' includes all existing or planned
transportation facilities and equipment in Alaska, including the lease,
purchase, or construction of vessels, terminals, docks, floats, ramps,
staging areas, parking lots, bridges and approaches thereto, and
necessary roads.
``(d) Notwithstanding any other provision of law, a project assisted
under this section in the State of Alaska shall be treated as a project
on a Federal-aid highway under chapter 1.''.
SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
(a) In General.--Section 129(c) of title 23, United States Code, is
amended in the matter preceding paragraph (1) by striking ``the
construction of ferry boats and ferry terminal facilities, whether toll
or free,'' and inserting ``the construction of ferry boats and ferry
terminal facilities (including ferry maintenance facilities), whether
toll or free, and the procurement of transit vehicles used exclusively
as an integral part of an intermodal ferry trip,''.
(b) <> Diesel Fuel Ferry Vessels.--
(1) <> In general.--Notwithstanding
section 147(b), in the case of a project to replace or retrofit
a diesel fuel ferry vessel that provides substantial emissions
reductions, the Federal share of the cost of the project may be
up to 85 percent, as determined by the State.
(2) Sunset.--The authority provided by paragraph (1) shall
terminate on September 30, 2025.
SEC. 11118. BRIDGE INVESTMENT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 123 the following:
[[Page 135 STAT. 484]]
``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.
[[Page 135 STAT. 485]]
``(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;
[[Page 135 STAT. 486]]
``(iv) the number and percentage of bridges
within the same State as the eligible project that
are in poor condition;
``(v) the extent to which the eligible project
demonstrates cost savings by bundling multiple
bridge projects;
``(vi) in the case of an eligible project of a
Federal land management agency, the extent to
which the grant would reduce a Federal liability
or Federal infrastructure maintenance backlog;
``(vii) geographic diversity among grant
recipients, including the need for a balance
between the needs of rural and urban communities;
and
``(viii) the extent to which a bridge that
would be assisted with a grant--
``(I) is, without that assistance--
``(aa) at risk of falling
into or remaining in poor
condition; or
``(bb) in fair condition and
at risk of falling into poor
condition within the next 3
years;
``(II) does not meet current
geometric design standards based on--
``(aa) the current use of
the bridge; or
``(bb) load and traffic
requirements typical of the
regional corridor or local
network in which the bridge is
located; or
``(III) does not meet current
seismic design standards.
``(B) Requirement.--The Secretary shall--
``(i) give priority to an application for an
eligible project that is located within a State
for which--
``(I) 2 or more applications for
eligible projects within the State were
submitted for the current fiscal year
and an average of 2 or more applications
for eligible projects within the State
were submitted in prior fiscal years of
the program; and
``(II) fewer than 2 grants have been
awarded for eligible projects within the
State under the program;
``(ii) <> during the
period of fiscal years 2022 through 2026, for each
State described in clause (i), select--
``(I) not fewer than 1 large project
that the Secretary determines is
justified under the evaluation under
subsection (g)(4); or
``(II) 2 eligible projects that are
not large projects that the Secretary
determines are justified under the
evaluation under subsection (f)(3); and
``(iii) not be required to award a grant for
an eligible project that the Secretary does not
determine is justified under an evaluation under
subsection (f)(3) or (g)(4).
``(6) Culvert limitation.--Not more than 5 percent of the
amounts made available for each fiscal year for grants under the
program may be used for eligible projects that consist solely of
culvert replacement or rehabilitation.
``(d) Eligible Entity.--The Secretary may make a grant under the
program to any of the following:
[[Page 135 STAT. 487]]
``(1) A State or a group of States.
``(2) A metropolitan planning organization that serves an
urbanized area (as designated by the Bureau of the Census) with
a population of over 200,000.
``(3) A unit of local government or a group of local
governments.
``(4) A political subdivision of a State or local
government.
``(5) A special purpose district or public authority with a
transportation function.
``(6) A Federal land management agency.
``(7) A Tribal government or a consortium of Tribal
governments.
``(8) A multistate or multijurisdictional group of entities
described in paragraphs (1) through (7).
``(e) Eligible Project Requirements.--The Secretary may make a grant
under the program only to an eligible entity for an eligible project
that--
``(1) <> in the case of a large
project, the Secretary recommends for funding in the annual
report on funding recommendations under subsection (g)(6),
except as provided in subsection (g)(1)(B);
``(2) <> is reasonably expected to begin
construction not later than 18 months after the date on which
funds are obligated for the project; and
``(3) is based on the results of preliminary engineering.
``(f) Competitive Process and Evaluation of Eligible Projects Other
Than Large Projects.--
``(1) Competitive process.--
``(A) <> In general.--The
Secretary shall--
``(i) for the first fiscal year for which
funds are made available for obligation under the
program, not later than 60 days after the date on
which the template under subparagraph (B)(i) is
developed, and in subsequent fiscal years, not
later than 60 days after the date on which amounts
are made available for obligation under the
program, solicit grant applications for eligible
projects other than large projects; and
``(ii) not later than 120 days after the date
on which the solicitation under clause (i)
expires, conduct evaluations under paragraph (3).
``(B) Requirements.--In carrying out subparagraph
(A), the Secretary shall--
``(i) develop a template for applicants to use
to summarize project needs and benefits, including
benefits described in paragraph (3)(B)(i); and
``(ii) enable applicants to use data from the
National Bridge Inventory under section 144(b) to
populate templates described in clause (i), as
applicable.
``(2) Applications.--An eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Evaluation.--
``(A) In general.--Prior to providing a grant under
this subsection, the Secretary shall--
[[Page 135 STAT. 488]]
``(i) conduct an evaluation of each eligible
project for which an application is received under
this subsection; and
``(ii) assign a quality rating to the eligible
project on the basis of the evaluation under
clause (i).
``(B) Requirements.--In carrying out an evaluation
under subparagraph (A), the Secretary shall--
``(i) <> consider
information on project benefits submitted by the
applicant using the template developed under
paragraph (1)(B)(i), including whether the project
will generate, as determined by the Secretary--
``(I) costs avoided by the
prevention of closure or reduced use of
the bridge to be improved by the
project;
``(II) in the case of a bundle of
projects, benefits from executing the
projects as a bundle compared to as
individual projects;
``(III) safety benefits, including
the reduction of accidents and related
costs;
``(IV) person and freight mobility
benefits, including congestion reduction
and reliability improvements;
``(V) national or regional economic
benefits;
``(VI) benefits from long-term
resiliency to extreme weather events,
flooding, or other natural disasters;
``(VII) benefits from protection (as
described in section 133(b)(10)),
including improving seismic or scour
protection;
``(VIII) environmental benefits,
including wildlife connectivity;
``(IX) benefits to nonvehicular and
public transportation users;
``(X) benefits of using--
``(aa) innovative design and
construction techniques; or
``(bb) innovative
technologies; or
``(XI) reductions in maintenance
costs, including, in the case of a
federally-owned bridge, cost savings to
the Federal budget; and
``(ii) consider whether and the extent to
which the benefits, including the benefits
described in clause (i), are more likely than not
to outweigh the total project costs.
``(g) Competitive Process, Evaluation, and Annual Report for Large
Projects.--
``(1) In general.--
``(A) Applications.--The Secretary shall establish
an annual date by which an eligible entity submitting an
application for a large project shall submit to the
Secretary such information as the Secretary may require,
including information described in paragraph (2), in
order for a large project to be considered for a
recommendation by the Secretary for funding in the next
annual report under paragraph (6).
``(B) First fiscal year.--Notwithstanding
subparagraph (A), for the first fiscal year for which
funds are
[[Page 135 STAT. 489]]
made available for obligation for grants under the
program, the Secretary may establish a date by which an
eligible entity submitting an application for a large
project shall submit to the Secretary such information
as the Secretary may require, including information
described in paragraph (2), in order for a large project
to be considered for immediate execution of a grant
agreement.
``(2) Information required.--The information referred to in
paragraph (1) includes--
``(A) all necessary information required for the
Secretary to evaluate the large project; and
``(B) <> information
sufficient for the Secretary to determine that--
``(i) the large project meets the applicable
requirements under this section; and
``(ii) there is a reasonable likelihood that
the large project will continue to meet the
requirements under this section.
``(3) Determination; notice.--On making a determination that
information submitted to the Secretary under paragraph (1) is
sufficient, the Secretary shall provide a written notice of that
determination to--
``(A) the eligible entity that submitted the
application;
``(B) the Committee on Environment and Public Works
of the Senate; and
``(C) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(4) <>
Evaluation.--The Secretary may recommend a large project for
funding in the annual report under paragraph (6), or, in the
case of the first fiscal year for which funds are made available
for obligation for grants under the program, immediately execute
a grant agreement for a large project, only if the Secretary
evaluates the proposed project and determines that the project
is justified because the project--
``(A) <> addresses a need to
improve the condition of the bridge, as determined by
the Secretary, consistent with the goals of the program
under subsection (b)(2);
``(B) <> will generate, as
determined by the Secretary--
``(i) costs avoided by the prevention of
closure or reduced use of the bridge to be
improved by the project;
``(ii) in the case of a bundle of projects,
benefits from executing the projects as a bundle
compared to as individual projects;
``(iii) safety benefits, including the
reduction of accidents and related costs;
``(iv) person and freight mobility benefits,
including congestion reduction and reliability
improvements;
``(v) national or regional economic benefits;
``(vi) benefits from long-term resiliency to
extreme weather events, flooding, or other natural
disasters;
``(vii) benefits from protection (as described
in section 133(b)(10)), including improving
seismic or scour protection;
``(viii) environmental benefits, including
wildlife connectivity;
``(ix) benefits to nonvehicular and public
transportation users;
[[Page 135 STAT. 490]]
``(x) benefits of using--
``(I) innovative design and
construction techniques; or
``(II) innovative technologies; or
``(xi) reductions in maintenance costs,
including, in the case of a federally-owned
bridge, cost savings to the Federal budget;
``(C) <> is cost effective based
on an analysis of whether the benefits and avoided costs
described in subparagraph (B) are expected to outweigh
the project costs;
``(D) is supported by other Federal or non-Federal
financial commitments or revenues adequate to fund
ongoing maintenance and preservation; and
``(E) is consistent with the objectives of an
applicable asset management plan of the project sponsor,
including a State asset management plan under section
119(e) in the case of a project on the National Highway
System that is sponsored by a State.
``(5) Ratings.--
``(A) In general.--The Secretary shall develop a
methodology to evaluate and rate a large project on a 5-
point scale (the points of which include `high',
`medium-high', `medium', `medium-low', and `low') for
each of--
``(i) paragraph (4)(B);
``(ii) paragraph (4)(C); and
``(iii) paragraph (4)(D).
``(B) Requirement.--To be considered justified and
receive a recommendation for funding in the annual
report under paragraph (6), a project shall receive a
rating of not less than `medium' for each rating
required under subparagraph (A).
``(C) Interim methodology.--In the first fiscal year
for which funds are made available for obligation for
grants under the program, the Secretary may establish an
interim methodology to evaluate and rate a large project
for each of--
``(i) paragraph (4)(B);
``(ii) paragraph (4)(C); and
``(iii) paragraph (4)(D).
``(6) Annual report on funding recommendations for large
projects.--
``(A) In general.--Not later than the first Monday
in February of each year, the Secretary shall submit to
the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Environment and Public Works and
Appropriations of the Senate a report that includes--
``(i) <> a list of large
projects that have requested a recommendation for
funding under a new grant agreement from funds
anticipated to be available to carry out this
subsection in the next fiscal year;
``(ii) the evaluation under paragraph (4) and
ratings under paragraph (5) for each project
referred to in clause (i);
``(iii) <> the grant amounts
that the Secretary recommends providing to large
projects in the next fiscal year, including--
[[Page 135 STAT. 491]]
``(I) scheduled payments under
previously signed multiyear grant
agreements under subsection (j);
``(II) payments for new grant
agreements, including single-year grant
agreements and multiyear grant
agreements; and
``(III) a description of how amounts
anticipated to be available for the
program from the Highway Trust Fund for
that fiscal year will be distributed;
and
``(iv) <> for each
project for which the Secretary recommends a new
multiyear grant agreement under subsection (j),
the proposed payout schedule for the project.
``(B) Limitations.--
``(i) <> In general.--
The Secretary shall not recommend in an annual
report under this paragraph a new multiyear grant
agreement provided from funds from the Highway
Trust Fund unless the Secretary determines that
the project can be completed using funds that are
anticipated to be available from the Highway Trust
Fund in future fiscal years.
``(ii) General fund projects.--The Secretary--
``(I) may recommend for funding in
an annual report under this paragraph a
large project using funds from the
general fund of the Treasury; but
``(II) shall not execute a grant
agreement for that project unless--
``(aa) funds other than from
the Highway Trust Fund have been
made available for the project;
and
``(bb) <>
the Secretary determines that
the project can be completed
using funds other than from the
Highway Trust Fund that are
anticipated to be available in
future fiscal years.
``(C) Considerations.--In selecting projects to
recommend for funding in the annual report under this
paragraph, or, in the case of the first fiscal year for
which funds are made available for obligation for grants
under the program, projects for immediate execution of a
grant agreement, the Secretary shall--
``(i) consider the amount of funds available
in future fiscal years for multiyear grant
agreements as described in subparagraph (B); and
``(ii) assume the availability of funds in
future fiscal years for multiyear grant agreements
that extend beyond the period of authorization
based on the amount made available for large
projects under the program in the last fiscal year
of the period of authorization.
``(D) Project diversity.--In selecting projects to
recommend for funding in the annual report under this
paragraph, the Secretary shall ensure diversity among
projects recommended based on--
``(i) the amount of the grant requested; and
``(ii) grants for an eligible project for 1
bridge compared to an eligible project that is a
bundle of projects.
[[Page 135 STAT. 492]]
``(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.--
[[Page 135 STAT. 493]]
``(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).
[[Page 135 STAT. 494]]
``(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) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a project
on a Federal-aid highway under this chapter.
``(n) <> 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.
``(o) Reports.--
``(1) <> Annual report.--Not later than
August 1 of each fiscal year, the Secretary shall make available
on the website of the Department of Transportation an annual
report that lists each eligible project for which a grant has
been provided under the program during the fiscal year.
``(2) GAO assessment and report.--Not later than 3 years
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Comptroller General of the
United States shall--
``(A) conduct an assessment of the administrative
establishment, solicitation, selection, and
justification process with respect to the funding of
grants under the program; and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report that describes--
``(i) the adequacy and fairness of the process
under which each eligible project that received a
grant under the program was selected; and
``(ii) the justification and criteria used for
the selection of each eligible project.
``(p) Limitation.--
[[Page 135 STAT. 495]]
``(1) Large projects.--Of the amounts made available out of
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section for each of fiscal years 2022 through
2026, not less than 50 percent, in aggregate, shall be used for
large projects.
``(2) <> Unutilized amounts.--If, in
fiscal year 2026, the Secretary determines that grants under the
program will not allow for the requirement under paragraph (1)
to be met, the Secretary shall use the unutilized amounts to
make other grants under the program during that fiscal year.
``(q) Tribal Transportation Facility Bridge Set Aside.--
``(1) In general.--Of the amounts made available from the
Highway Trust Fund (other than the Mass Transit Account) for a
fiscal year to carry out this section, the Secretary shall use,
to carry out section 202(d)--
``(A) $16,000,000 for fiscal year 2022;
``(B) $18,000,000 for fiscal year 2023;
``(C) $20,000,000 for fiscal year 2024;
``(D) $22,000,000 for fiscal year 2025; and
``(E) $24,000,000 for fiscal year 2026.
``(2) Treatment.--For purposes of section 201, funds made
available for section 202(d) under paragraph (1) shall be
considered to be part of the tribal transportation program.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, <> is amended by inserting
after the item relating to section 123 the following:
``124. Bridge investment program.''.
SEC. 11119. SAFE ROUTES TO SCHOOL.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 207 the following:
``Sec. 208. <> Safe routes to school
``(a) Definitions.--In this section:
``(1) In the vicinity of schools.--The term `in the vicinity
of schools', with respect to a school, means the approximately
2-mile area within bicycling and walking distance of the school.
``(2) Primary, middle, and high schools.--The term `primary,
middle, and high schools' means schools providing education from
kindergarten through 12th grade.
``(b) Establishment.--Subject to the requirements of this section,
the Secretary shall establish and carry out a safe routes to school
program for the benefit of children in primary, middle, and high
schools.
``(c) Purposes.--The purposes of the program established under
subsection (b) shall be--
``(1) to enable and encourage children, including those with
disabilities, to walk and bicycle to school;
``(2) to make bicycling and walking to school a safer and
more appealing transportation alternative, thereby encouraging a
healthy and active lifestyle from an early age; and
``(3) to facilitate the planning, development, and
implementation of projects and activities that will improve
safety and reduce traffic, fuel consumption, and air pollution
in the vicinity of schools.
``(d) Apportionment of Funds.--
[[Page 135 STAT. 496]]
``(1) In general.--Subject to paragraphs (2), (3), and (4),
amounts made available to carry out this section for a fiscal
year shall be apportioned among the States so that each State
receives the amount equal to the proportion that--
``(A) the total student enrollment in primary,
middle, and high schools in each State; bears to
``(B) the total student enrollment in primary,
middle, and high schools in all States.
``(2) Minimum apportionment.--No State shall receive an
apportionment under this section for a fiscal year of less than
$1,000,000.
``(3) Set-aside for administrative expenses.--Before
apportioning under this subsection amounts made available to
carry out this section for a fiscal year, the Secretary shall
set aside not more than $3,000,000 of those amounts for the
administrative expenses of the Secretary in carrying out this
section.
``(4) Determination of student enrollments.--Determinations
under this subsection relating to student enrollments shall be
made by the Secretary.
``(e) Administration of Amounts.--Amounts apportioned to a State
under this section shall be administered by the State department of
transportation.
``(f) Eligible Recipients.--Amounts apportioned to a State under
this section shall be used by the State to provide financial assistance
to State, local, Tribal, and regional agencies, including nonprofit
organizations, that demonstrate an ability to meet the requirements of
this section.
``(g) Eligible Projects and Activities.--
``(1) Infrastructure-related projects.--
``(A) In general.--Amounts apportioned to a State
under this section may be used for the planning, design,
and construction of infrastructure-related projects that
will substantially improve the ability of students to
walk and bicycle to school, including sidewalk
improvements, traffic calming and speed reduction
improvements, pedestrian and bicycle crossing
improvements, on-street bicycle facilities, off-street
bicycle and pedestrian facilities, secure bicycle
parking facilities, and traffic diversion improvements
in the vicinity of schools.
``(B) Location of projects.--Infrastructure-related
projects under subparagraph (A) may be carried out on
any public road or any bicycle or pedestrian pathway or
trail in the vicinity of schools.
``(2) Noninfrastructure-related activities.--
``(A) In general.--In addition to projects described
in paragraph (1), amounts apportioned to a State under
this section may be used for noninfrastructure-related
activities to encourage walking and bicycling to school,
including public awareness campaigns and outreach to
press and community leaders, traffic education and
enforcement in the vicinity of schools, student sessions
on bicycle and pedestrian safety, health, and
environment, and funding for training, volunteers, and
managers of safe routes to school programs.
``(B) Allocation.--Not less than 10 percent and not
more than 30 percent of the amount apportioned to a
[[Page 135 STAT. 497]]
State under this section for a fiscal year shall be used
for noninfrastructure-related activities under this
paragraph.
``(3) Safe routes to school coordinator.--Each State shall
use a sufficient amount of the apportionment of the State for
each fiscal year to fund a full-time position of coordinator of
the safe routes to school program of the State.
``(h) Clearinghouse.--
``(1) <> In general.--The Secretary shall
make grants to a national nonprofit organization engaged in
promoting safe routes to schools--
``(A) to operate a national safe routes to school
clearinghouse;
``(B) to develop information and educational
programs on safe routes to school; and
``(C) to provide technical assistance and
disseminate techniques and strategies used for
successful safe routes to school programs.
``(2) Funding.--The Secretary shall carry out this
subsection using amounts set aside for administrative expenses
under subsection (d)(3).
``(i) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a project
on a Federal-aid highway under chapter 1.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 2 of title 23, United States
Code, <> is amended by inserting after
the item relating to section 207 the following:
``208. Safe routes to school.''.
(2) <> Section 1404 of SAFETEA-LU (23 U.S.C.
402 note; Public Law 109-59) is repealed.
(3) The table of contents in section 1(b) of SAFETEA-LU
(Public Law 109-59; 119 Stat. 1144) is amended by striking the
item relating to section 1404.
SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b)(2)(A) of title 23, United States Code, is amended by
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years
2022 through 2026''.
SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.
Section 147 of title 23, United States Code, is amended by striking
subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section--
``(1) $110,000,000 for fiscal year 2022;
``(2) $112,000,000 for fiscal year 2023;
``(3) $114,000,000 for fiscal year 2024;
``(4) $116,000,000 for fiscal year 2025; and
``(5) $118,000,000 for fiscal year 2026.''.
SEC. 11122. <> VULNERABLE ROAD USER
RESEARCH.
(a) Definitions.--In this subsection:
[[Page 135 STAT. 498]]
(1) Administrator.--The term ``Administrator'' means the
Secretary, acting through the Administrator of the Federal
Highway Administration.
(2) Vulnerable road user.--The term ``vulnerable road user''
has the meaning given the term in section 148(a) of title 23,
United States Code.
(b) Establishment of Research Plan.--The Administrator shall
establish a research plan to prioritize research on roadway designs, the
development of safety countermeasures to minimize fatalities and serious
injuries to vulnerable road users, and the promotion of bicycling and
walking, including research relating to--
(1) roadway safety improvements, including traffic calming
techniques and vulnerable road user accommodations appropriate
in a suburban arterial context;
(2) the impacts of traffic speeds, and access to low-traffic
stress corridors, on safety and rates of bicycling and walking;
(3) <> tools to evaluate the impact of
transportation improvements on projected rates and safety of
bicycling and walking; and
(4) <> other research areas to be
determined by the Administrator.
(c) Vulnerable Road User Assessments.--The Administrator shall--
(1) <> review each
vulnerable road user safety assessment submitted by a State
under section 148(l) of title 23, United States Code, and other
relevant sources of data to determine what, if any, standard
definitions and methods should be developed through guidance to
enable a State to collect pedestrian injury and fatality data;
and
(2) in the first progress update under subsection (d)(2),
provide--
(A) the results of the determination described in
paragraph (1); and
(B) <> the
recommendations of the Secretary with respect to the
collection and reporting of data on the safety of
vulnerable road users.
(d) <> Submission; Publication.--
(1) Submission of plan.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall submit to
the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives the research plan described in subsection
(b).
(2) Progress updates.--Not later than 2 years after the date
of enactment of this Act, and biannually thereafter, the
Administrator shall submit to the Committees described in
paragraph (1)--
(A) updates on the progress and findings of the
research conducted pursuant to the plan described in
subsection (b); and
(B) in the first submission under this paragraph,
the results and recommendations described in subsection
(c)(2).
[[Page 135 STAT. 499]]
SEC. 11123. WILDLIFE CROSSING SAFETY.
(a) Declaration of Policy.--Section 101(b)(3)(D) of title 23, United
States Code, is amended, in the matter preceding clause (i), by
inserting ``resilient,'' after ``efficient,''.
(b) Wildlife Crossings Pilot Program.--
(1) In general.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 171. <> Wildlife crossings
pilot program
``(a) Finding.--Congress finds that greater adoption of wildlife-
vehicle collision safety countermeasures is in the public interest
because--
``(1) according to the report of the Federal Highway
Administration entitled `Wildlife-Vehicle Collision Reduction
Study', there are more than 1,000,000 wildlife-vehicle
collisions every year;
``(2) wildlife-vehicle collisions--
``(A) present a danger to--
``(i) human safety; and
``(ii) wildlife survival; and
``(B) represent a persistent concern that results in
tens of thousands of serious injuries and hundreds of
fatalities on the roadways of the United States; and
``(3) the total annual cost associated with wildlife-vehicle
collisions has been estimated to be $8,388,000,000; and
``(4) wildlife-vehicle collisions are a major threat to the
survival of species, including birds, reptiles, mammals, and
amphibians.
``(b) Establishment.--The Secretary shall establish a competitive
wildlife crossings pilot program (referred to in this section as the
`pilot program') to provide grants for projects that seek to achieve--
``(1) a reduction in the number of wildlife-vehicle
collisions; and
``(2) in carrying out the purpose described in paragraph
(1), improved habitat connectivity for terrestrial and aquatic
species.
``(c) Eligible Entities.--An entity eligible to apply for a grant
under the pilot program is--
``(1) a State highway agency, or an equivalent of that
agency;
``(2) a metropolitan planning organization (as defined in
section 134(b));
``(3) a unit of local government;
``(4) a regional transportation authority;
``(5) a special purpose district or public authority with a
transportation function, including a port authority;
``(6) an Indian tribe (as defined in section 207(m)(1)),
including a Native village and a Native Corporation (as those
terms are defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602));
``(7) a Federal land management agency; or
``(8) a group of any of the entities described in paragraphs
(1) through (7).
``(d) Applications.--
[[Page 135 STAT. 500]]
``(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.
[[Page 135 STAT. 501]]
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
[[Page 135 STAT. 502]]
``(C) <> policy
recommendations to improve the effectiveness of the
pilot program.
``(i) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a project
on a Federal-aid highway under this chapter.''.
(2) Clerical amendment.--The analysis for chapter 1 of title
23, United States Code, <> is amended
by inserting after the item relating to section 170 the
following:
``171. Wildlife crossings pilot program.''.
(c) Wildlife Vehicle Collision Reduction and Habitat Connectivity
Improvement.--
(1) In general.--Chapter 1 of title 23, United States Code
(as amended by subsection (b)(1)), is amended by adding at the
end the following:
``Sec. 172. <> Wildlife-vehicle collision
reduction and habitat connectivity improvement
``(a) Study.--
``(1) In general.--The Secretary shall conduct a study
(referred to in this subsection as the `study') of the state, as
of the date of the study, of the practice of methods to reduce
collisions between motorists and wildlife (referred to in this
section as `wildlife-vehicle collisions').
``(2) Contents.--
``(A) Areas of study.--The study shall--
``(i) <> update and expand on,
as appropriate--
``(I) the report entitled `Wildlife
Vehicle Collision Reduction Study: 2008
Report to Congress'; and
``(II) the document entitled
`Wildlife Vehicle Collision Reduction
Study: Best Practices Manual' and dated
October 2008; and
``(ii) include--
``(I) <> an
assessment, as of the date of the study,
of--
``(aa) the causes of
wildlife-vehicle collisions;
``(bb) the impact of
wildlife-vehicle collisions on
motorists and wildlife; and
``(cc) the impacts of roads
and traffic on habitat
connectivity for terrestrial and
aquatic species; and
``(II) solutions and best practices
for--
``(aa) reducing wildlife-
vehicle collisions; and
``(bb) improving habitat
connectivity for terrestrial and
aquatic species.
``(B) Methods.--In carrying out the study, the
Secretary shall--
``(i) <> conduct a thorough
review of research and data relating to--
``(I) wildlife-vehicle collisions;
and
``(II) habitat fragmentation that
results from transportation
infrastructure;
``(ii) <> survey current
practices of the Department of Transportation and
State departments of transportation to reduce
wildlife-vehicle collisions; and
[[Page 135 STAT. 503]]
``(iii) <> consult
with--
``(I) appropriate experts in the
field of wildlife-vehicle collisions;
and
``(II) appropriate experts on the
effects of roads and traffic on habitat
connectivity for terrestrial and aquatic
species.
``(3) Report.--
``(A) In general.--Not later than 18 months after
the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall submit
to Congress a report on the results of the study.
``(B) Contents.--The report under subparagraph (A)
shall include--
``(i) a description of--
``(I) the causes of wildlife-vehicle
collisions;
``(II) the impacts of wildlife-
vehicle collisions; and
``(III) the impacts of roads and
traffic on--
``(aa) species listed as
threatened species or endangered
species under the Endangered
Species Act of 1973 (16 U.S.C.
1531 et seq.);
``(bb) species identified by
States as species of greatest
conservation need;
``(cc) species identified in
State wildlife plans; and
``(dd) medium and small
terrestrial and aquatic species;
``(ii) <> an economic
evaluation of the costs and benefits of installing
highway infrastructure and other measures to
mitigate damage to terrestrial and aquatic
species, including the effect on jobs, property
values, and economic growth to society, adjacent
communities, and landowners;
``(iii) <>
recommendations for preventing wildlife-vehicle
collisions, including recommended best practices,
funding resources, or other recommendations for
addressing wildlife-vehicle collisions; and
``(iv) <> guidance,
developed in consultation with Federal land
management agencies and State departments of
transportation, State fish and wildlife agencies,
and Tribal governments that agree to participate,
for developing, for each State that agrees to
participate, a voluntary joint statewide
transportation and wildlife action plan--
``(I) to address wildlife-vehicle
collisions; and
``(II) to improve habitat
connectivity for terrestrial and aquatic
species.
``(b) Workforce Development and Technical Training.--
``(1) <> In general.--Not later than 3
years after the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall, based on the
study conducted under subsection (a), develop a series of in-
person and online workforce development and technical training
courses--
``(A) to reduce wildlife-vehicle collisions; and
``(B) to improve habitat connectivity for
terrestrial and aquatic species.
``(2) Availability.--The Secretary shall--
[[Page 135 STAT. 504]]
``(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
[[Page 135 STAT. 505]]
developed under paragraph (1) not later than the later
of--
``(i) the date that is 18 months after the
date of enactment of the Surface Transportation
Reauthorization Act of 2021; and
``(ii) the date that is 180 days after the
date on which the Secretary completes the
development of the standardized methodology.
``(B) Implementation.--Not later than 4 years after
the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall submit
to Congress a report describing--
``(i) the status of the voluntary
implementation of the standardized methodology
developed under paragraph (1) and the template
developed under paragraph (2)(A);
``(ii) whether the implementation of the
standardized methodology developed under paragraph
(1) and the template developed under paragraph
(2)(A) has impacted efforts by States, units of
local government, and other entities--
``(I) to reduce the number of
wildlife-vehicle collisions; and
``(II) to improve habitat
connectivity;
``(iii) the degree of the impact described in
clause (ii); and
``(iv) <> the
recommendations of the Secretary, including
recommendations for further study aimed at
reducing motorist collisions involving wildlife
and improving habitat connectivity for terrestrial
and aquatic species on the National Highway
System, if any.
``(d) National Threshold Guidance.--The Secretary shall--
``(1) <> establish guidance, to be
carried out by States on a voluntary basis, that contains a
threshold for determining whether a highway shall be evaluated
for potential mitigation measures to reduce wildlife-vehicle
collisions and increase habitat connectivity for terrestrial and
aquatic species, taking into consideration--
``(A) the number of wildlife-vehicle collisions on
the highway that pose a human safety risk;
``(B) highway-related mortality and the effects of
traffic on the highway on--
``(i) species listed as endangered species or
threatened species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
``(ii) species identified by a State as
species of greatest conservation need;
``(iii) species identified in State wildlife
plans; and
``(iv) medium and small terrestrial and
aquatic species; and
``(C) habitat connectivity values for terrestrial
and aquatic species and the barrier effect of the
highway on the movements and migrations of those
species.''.
(2) Clerical amendment.--The analysis for chapter 1 of title
23, United States Code <> (as amended
by subsection (b)(2))
[[Page 135 STAT. 506]]
is amended by inserting after the item relating to section 171
the following:
``172. Wildlife-vehicle collision reduction and habitat connectivity
improvement.''.
(d) Wildlife Crossings Standards.--Section 109(c)(2) of title 23,
United States Code, is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) the publication of the Federal Highway
Administration entitled `Wildlife Crossing Structure
Handbook: Design and Evaluation in North America' and
dated March 2011; and''.
(e) Wildlife Habitat Connectivity and National Bridge and Tunnel
Inventory and Inspection Standards.--Section 144 of title 23, United
States Code, is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by inserting ``,
resilience,'' after ``safety'';
(B) in subparagraph (D), by striking ``and'' at the
end;
(C) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(F) to ensure adequate passage of aquatic and
terrestrial species, where appropriate.'';
(2) in subsection (b)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) determine if the replacement or rehabilitation of
bridges and tunnels should include measures to enable safe and
unimpeded movement for terrestrial and aquatic species.''; and
(3) in subsection (i), by adding at the end the following:
``(3) Requirement.--The first revision under paragraph (2)
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021 shall include techniques to assess
passage of aquatic and terrestrial species and habitat
restoration potential.''.
SEC. 11124. CONSOLIDATION OF PROGRAMS.
Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat. 574; 129
Stat. 1423) is amended, in the matter preceding paragraph (1), by
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years
2022 through 2026''.
SEC. 11125. GAO REPORT.
(a) <> In General.--Section 1433 of the FAST Act (23
U.S.C. 101 note; Public Law 114-94) 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 1433.
SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
Section 165 of title 23, United States Code, is amended--
[[Page 135 STAT. 507]]
(1) in subsection (a), by striking paragraphs (1) and (2)
and inserting the following:
``(1) for the Puerto Rico highway program under subsection
(b)--
``(A) $173,010,000 shall be for fiscal year 2022;
``(B) $176,960,000 shall be for fiscal year 2023;
``(C) $180,120,000 shall be for fiscal year 2024;
``(D) $183,675,000 shall be for fiscal year 2025;
and
``(E) $187,230,000 shall be for fiscal year 2026;
and
``(2) for the territorial highway program under subsection
(c)--
``(A) $45,990,000 shall be for fiscal year 2022;
``(B) $47,040,000 shall be for fiscal year 2023;
``(C) $47,880,000 shall be for fiscal year 2024;
``(D) $48,825,000 shall be for fiscal year 2025; and
``(E) $49,770,000 shall be for fiscal year 2026.'';
(2) in subsection (b)(2)(C)(iii), by inserting ``and
preventative maintenance on the National Highway System'' after
``chapter 1''; and
(3) in subsection (c)(7), by striking ``paragraphs (1)
through (4) of section 133(c) and section 133(b)(12)'' and
inserting ``paragraphs (1), (2), (3), and (5) of section 133(c)
and section 133(b)(13)''.
SEC. 11127. 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
[[Page 135 STAT. 508]]
``(B) 50 percent shall be used for eligible projects
on tribal transportation facilities (as defined in
section 101(a) of title 23, United States Code).
``(2) Requirement.--Not less than 1 eligible project carried
out using the amount described in paragraph (1)(A) shall be in a
unit of the National Park System with not less than 3,000,000
annual visitors.
``(3) Availability.--Amounts made available to carry out
this section shall remain available for a period of 3 fiscal
years following the fiscal year for which the amounts are
appropriated.''.
SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
Section 1123(h) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141)
is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (3) (as so redesignated), in the matter
preceding subparagraph (A), by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (2)''; and
(3) by striking the subsection designation and heading and
all that follows through the period at the end of paragraph (1)
and inserting the following:
``(h) Funding.--
``(1) Set-aside.--For each of fiscal years 2022 through
2026, of the amounts made available to carry out the tribal
transportation program under section 202 of title 23, United
States Code, for that fiscal year, the Secretary shall use
$9,000,000 to carry out the program.
``(2) Authorization of appropriations.--In addition to
amounts made available under paragraph (1), there is authorized
to be appropriated $30,000,000 out of the general fund of the
Treasury to carry out the program for each of fiscal years 2022
through 2026.''.
SEC. 11129. STANDARDS.
Section 109 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``(d) On any'' and inserting the
following:
``(d) Manual on Uniform Traffic Control Devices.--
``(1) In general.--On any'';
(B) in paragraph (1) (as so designated), by striking
``promote the safe'' and inserting ``promote the safety,
inclusion, and mobility of all users''; and
(C) by adding at the end the following:
``(2) <> Updates.--Not later than 18
months after the date of enactment of the Surface Transportation
Reauthorization Act of 2021 and not less frequently than every 4
years thereafter, the Secretary shall update the Manual on
Uniform Traffic Control Devices.'';
(2) in subsection (o)--
(A) by striking ``Projects'' and inserting:
``(A) In general.--Projects''; and
(B) by inserting at the end the following:
``(B) Local jurisdictions.--Notwithstanding
subparagraph (A), a local jurisdiction may use a roadway
design guide recognized by the Federal Highway
Administration and adopted by the local jurisdiction
that is different from the roadway design guide used by
the State in which
[[Page 135 STAT. 509]]
the local jurisdiction is located for the design of
projects on all roadways under the ownership of the
local jurisdiction (other than a highway on the National
Highway System) for which the local jurisdiction is the
project sponsor, provided that the design complies with
all other applicable Federal laws.''; and
(3) by adding at the end the following:
``(s) Electric Vehicle Charging Stations.--
``(1) Standards.--Electric vehicle charging infrastructure
installed using funds provided under this title shall provide,
at a minimum--
``(A) non-proprietary charging connectors that meet
applicable industry safety standards; and
``(B) open access to payment methods that are
available to all members of the public to ensure secure,
convenient, and equal access to the electric vehicle
charging infrastructure that shall not be limited by
membership to a particular payment provider.
``(2) Treatment of projects.--Notwithstanding any other
provision of law, a project to install electric vehicle charging
infrastructure using funds provided under this title shall be
treated as if the project is located on a Federal-aid
highway.''.
SEC. 11130. PUBLIC TRANSPORTATION.
(a) In General.--Section 142(a) of title 23, United States Code, is
amended by adding at the end the following:
``(3) Bus corridors.--In addition to the projects described
in paragraphs (1) and (2), the Secretary may approve payment
from sums apportioned under paragraph (2) or (7) of section
104(b) for carrying out a capital project for the construction
of a bus rapid transit corridor or dedicated bus lanes,
including the construction or installation of--
``(A) traffic signaling and prioritization systems;
``(B) redesigned intersections that are necessary
for the establishment of a bus rapid transit corridor;
``(C) on-street stations;
``(D) fare collection systems;
``(E) information and wayfinding systems; and
``(F) depots.''.
(b) Technical Correction.--Section 142 of title 23, United States
Code, is amended by striking subsection (i).
SEC. 11131. RESERVATION OF CERTAIN FUNDS.
(a) Open Container Requirements.--Section 154(c)(2) of title 23,
United States Code, is amended--
(1) in the paragraph heading, by striking ``2012'' and
inserting ``2022'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) Reservation of funds.--
``(i) <> In general.--On October
1, 2021, and each October 1 thereafter, in the
case of a State described in clause (ii), the
Secretary shall reserve an amount equal to 2.5
percent of the funds to be apportioned to the
State on that date under each of paragraphs (1)
and (2) of section 104(b) until the State
certifies to the Secretary the means by which the
State will
[[Page 135 STAT. 510]]
use those reserved funds in accordance with
subparagraphs (A) and (B) of paragraph (1), and
paragraph (3).
``(ii) States described.--A State referred to
in clause (i) is a State--
``(I) that has not enacted or is not
enforcing an open container law
described in subsection (b); and
``(II) <> for
which the Secretary determined for the
prior fiscal year that the State had not
enacted or was not enforcing an open
container law described in subsection
(b).''; and
(3) in subparagraph (B), in the matter preceding clause (i),
by striking ``subparagraph (A)'' and inserting ``subparagraph
(A)(i)''.
(b) Repeat Intoxicated Driver Laws.--Section 164(b)(2) of title 23,
United States Code, is amended--
(1) in the paragraph heading, by striking ``2012'' and
inserting ``2022'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) Reservation of funds.--
``(i) <> In general.--On October
1, 2021, and each October 1 thereafter, in the
case of a State described in clause (ii), the
Secretary shall reserve an amount equal to 2.5
percent of the funds to be apportioned to the
State on that date under each of paragraphs (1)
and (2) of section 104(b) until the State
certifies to the Secretary the means by which the
State will use those reserved funds in accordance
with subparagraphs (A) and (B) of paragraph (1),
and paragraph (3).
``(ii) States described.--A State referred to
in clause (i) is a State--
``(I) that has not enacted or is not
enforcing a repeat intoxicated driver
law; and
``(II) <> for
which the Secretary determined for the
prior fiscal year that the State had not
enacted or was not enforcing a repeat
intoxicated driver law.''; and
(3) in subparagraph (B), in the matter preceding clause (i),
by striking ``subparagraph (A)'' and inserting ``subparagraph
(A)(i)''.
SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 11123(c)(1)), is amended by adding at the end the
following:
``Sec. 173. <> Rural surface transportation
grant program
``(a) Definitions.--In this section:
``(1) Program.--The term `program' means the program
established under subsection (b)(1).
``(2) Rural area.--The term `rural area' means an area that
is outside an urbanized area with a population of over 200,000.
``(b) Establishment.--
[[Page 135 STAT. 511]]
``(1) In general.--The Secretary shall establish a rural
surface transportation grant program to provide grants, on a
competitive basis, to eligible entities to improve and expand
the surface transportation infrastructure in rural areas.
``(2) Goals.--The goals of the program shall be--
``(A) to increase connectivity;
``(B) to improve the safety and reliability of the
movement of people and freight; and
``(C) to generate regional economic growth and
improve quality of life.
``(3) Grant administration.--The Secretary may--
``(A) <> retain not more than a
total of 2 percent of the funds made available to carry
out the program and to review applications for grants
under the program; and
``(B) <> transfer
portions of the funds retained under subparagraph (A) to
the relevant Administrators to fund the award and
oversight of grants provided under the program.
``(c) Eligible Entities.--The Secretary may make a grant under the
program to--
``(1) a State;
``(2) a regional transportation planning organization;
``(3) a unit of local government;
``(4) a Tribal government or a consortium of Tribal
governments; and
``(5) a multijurisdictional group of entities described in
paragraphs (1) through (4).
``(d) Applications.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Secretary an application
in such form, at such time, and containing such information as the
Secretary may require.
``(e) Eligible Projects.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may make a grant under the program only for a project
that is--
``(A) a highway, bridge, or tunnel project eligible
under section 119(d);
``(B) a highway, bridge, or tunnel project eligible
under section 133(b);
``(C) a project eligible under section 202(a);
``(D) a highway freight project eligible under
section 167(h)(5);
``(E) a highway safety improvement project,
including a project to improve a high risk rural road
(as those terms are defined in section 148(a));
``(F) a project on a publicly-owned highway or
bridge that provides or increases access to an
agricultural, commercial, energy, or intermodal facility
that supports the economy of a rural area; or
``(G) a project to develop, establish, or maintain
an integrated mobility management system, a
transportation demand management system, or on-demand
mobility services.
``(2) Bundling of eligible projects.--
``(A) In general.--An eligible entity may bundle 2
or more similar eligible projects under the program that
are--
[[Page 135 STAT. 512]]
``(i) included as a bundled project in a
statewide transportation improvement program under
section 135; and
``(ii) awarded to a single contractor or
consultant pursuant to a contract for engineering
and design or construction between the contractor
and the eligible entity.
``(B) Itemization.--Notwithstanding any other
provision of law (including regulations), a bundling of
eligible projects under this paragraph may be considered
to be a single project, including for purposes of
section 135.
``(f) Eligible Project Costs.--An eligible entity may use funds from
a grant under the program for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental mitigation,
construction contingencies, acquisition of equipment, and
operational improvements.
``(g) <> Project Requirements.--The Secretary
may provide a grant under the program to an eligible project only if the
Secretary determines that the project--
``(1) will generate regional economic, mobility, or safety
benefits;
``(2) will be cost effective;
``(3) will contribute to the accomplishment of 1 or more of
the national goals under section 150;
``(4) is based on the results of preliminary engineering;
and
``(5) <> is reasonably expected to begin
construction not later than 18 months after the date of
obligation of funds for the project.
``(h) Additional Considerations.--In providing grants under the
program, the Secretary shall consider the extent to which an eligible
project will--
``(1) improve the state of good repair of existing highway,
bridge, and tunnel facilities;
``(2) increase the capacity or connectivity of the surface
transportation system and improve mobility for residents of
rural areas;
``(3) address economic development and job creation
challenges, including energy sector job losses in energy
communities as identified in the report released in April 2021
by the interagency working group established by section 218 of
Executive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021));
``(4) enhance recreational and tourism opportunities by
providing access to Federal land, national parks, national
forests, national recreation areas, national wildlife refuges,
wilderness areas, or State parks;
``(5) contribute to geographic diversity among grant
recipients;
``(6) utilize innovative project delivery approaches or
incorporate transportation technologies;
[[Page 135 STAT. 513]]
``(7) <> coordinate with projects to
address broadband infrastructure needs; or
``(8) improve access to emergency care, essential services,
healthcare providers, or drug and alcohol treatment and
rehabilitation resources.
``(i) Grant Amount.--Except as provided in subsection (k)(1), a
grant under the program shall be in an amount that is not less than
$25,000,000.
``(j) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of a project carried out with a grant
under the program may not exceed 80 percent.
``(2) <> Federal share for certain
projects.--The Federal share of the cost of an eligible project
that furthers the completion of a designated segment of the
Appalachian Development Highway System under section 14501 of
title 40, or addresses a surface transportation infrastructure
need identified for the Denali access system program under
section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121
note; Public Law 105-277) shall be up to 100 percent, as
determined by the State.
``(3) Use of other federal assistance.--Federal assistance
other than a grant under the program may be used to satisfy the
non-Federal share of the cost of a project carried out with a
grant under the program.
``(k) Set Asides.--
``(1) Small projects.--The Secretary shall use not more than
10 percent of the amounts made available for the program for
each fiscal year to provide grants for eligible projects in an
amount that is less than $25,000,000.
``(2) Appalachian development highway system.--The Secretary
shall reserve 25 percent of the amounts made available for the
program for each fiscal year for eligible projects that further
the completion of designated routes of the Appalachian
Development Highway System under section 14501 of title 40.
``(3) Rural roadway lane departures.--The Secretary shall
reserve 15 percent of the amounts made available for the program
for each fiscal year to provide grants for eligible projects
located in States that have rural roadway fatalities as a result
of lane departures that are greater than the average of rural
roadway fatalities as a result of lane departures in the United
States, based on the latest available data from the Secretary.
``(4) Excess funding.--In any fiscal year in which qualified
applications for grants under this subsection do not allow for
the amounts reserved under paragraphs (1), (2), or (3) to be
fully utilized, the Secretary shall use the unutilized amounts
to make other grants under the program.
``(l) <> Congressional Review.--
``(1) Notification.--Not less than 60 days before providing
a grant under the program, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives--
``(A) <> a list of all
applications determined to be eligible for a grant by
the Secretary;
[[Page 135 STAT. 514]]
``(B) each application proposed to be selected for a
grant, including a justification for the selection; and
``(C) <> proposed grant amounts.
``(2) Committee review.--Before the last day of the 60-day
period described in paragraph (1), each Committee described in
paragraph (1) shall review the list of proposed projects
submitted by the Secretary.
``(3) Congressional disapproval.--The Secretary may not make
a grant or any other obligation or commitment to fund a project
under the program if a joint resolution is enacted disapproving
funding for the project before the last day of the 60-day period
described in paragraph (1).
``(m) Transparency.--
``(1) <> In general.--Not
later than 30 days after providing a grant for a project under
the program, the Secretary shall provide to all applicants, and
publish on the website of the Department of Transportation, the
information described in subsection (l)(1).
``(2) Briefing.--The Secretary shall provide, on the request
of an eligible entity, the opportunity to receive a briefing to
explain any reasons the eligible entity was not selected to
receive a grant under the program.
``(n) Reports.--
``(1) <> Annual report.--The Secretary
shall make available on the website of the Department of
Transportation at the end of each fiscal year an annual report
that lists each project for which a grant has been provided
under the program during that fiscal year.
``(2) Comptroller general.--
``(A) Assessment.--The Comptroller General of the
United States shall conduct an assessment of the
administrative establishment, solicitation, selection,
and justification process with respect to the awarding
of grants under the program for each fiscal year.
``(B) Report.--Each fiscal year, the Comptroller
General shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that describes, for the fiscal
year--
``(i) the adequacy and fairness of the process
by which each project was selected, if applicable;
and
``(ii) the justification and criteria used for
the selection of each project, if applicable.
``(o) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a project
on a Federal-aid highway under this chapter.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code (as amended by section 11123(c)(2)), <> is amended by inserting after the item relating to section
172 the following:
``173. Rural surface transportation grant program.''.
SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
Section 217 of title 23, United States Code, is amended--
(1) in subsection (a)--
[[Page 135 STAT. 515]]
(A) by striking ``pedestrian walkways and bicycle''
and inserting ``pedestrian walkways and bicycle and
shared micromobility''; and
(B) by striking ``safe bicycle use'' and inserting
``safe access for bicyclists and pedestrians'';
(2) in subsection (d), by striking ``a position'' and
inserting ``up to 2 positions'';
(3) in subsection (e), by striking ``bicycles'' each place
it appears and inserting ``pedestrians or bicyclists'';
(4) in subsection (f), by striking ``and a bicycle'' and
inserting ``or a bicycle or shared micromobility''; and
(5) in subsection (j), by striking paragraph (2) and
inserting the following:
``(2) Electric bicycle.--
``(A) <> In general.--The term
`electric bicycle' means a bicycle--
``(i) equipped with fully operable pedals, a
saddle or seat for the rider, and an electric
motor of less than 750 watts;
``(ii) that can safely share a bicycle
transportation facility with other users of such
facility; and
``(iii) that is a class 1 electric bicycle,
class 2 electric bicycle, or class 3 electric
bicycle.
``(B) Classes of electric bicycles.--
``(i) Class 1 electric bicycle.--For purposes
of subparagraph (A)(iii), the term `class 1
electric bicycle' means an electric bicycle, other
than a class 3 electric bicycle, equipped with a
motor that--
``(I) provides assistance only when
the rider is pedaling; and
``(II) ceases to provide assistance
when the speed of the bicycle reaches or
exceeds 20 miles per hour.
``(ii) Class 2 electric bicycle.--For purposes
of subparagraph (A)(iii), the term `class 2
electric bicycle' means an electric bicycle
equipped with a motor that--
``(I) may be used exclusively to
propel the bicycle; and
``(II) is not capable of providing
assistance when the speed of the bicycle
reaches or exceeds 20 miles per hour.
``(iii) Class 3 electric bicycle.--For
purposes of subparagraph (A)(iii), the term `class
3 electric bicycle' means an electric bicycle
equipped with a motor that--
``(I) provides assistance only when
the rider is pedaling; and
``(II) ceases to provide assistance
when the speed of the bicycle reaches or
exceeds 28 miles per hour.''.
SEC. 11134. RECREATIONAL TRAILS PROGRAM.
Section 206 of title 23, United States Code, is amended by adding at
the end the following:
``(j) Use of Other Apportioned Funds.--Funds apportioned to a State
under section 104(b) that are obligated for a recreational trail or a
related project shall be administered as if the funds were made
available to carry out this section.''.
[[Page 135 STAT. 516]]
SEC. 11135. <> UPDATES TO MANUAL ON
UNIFORM TRAFFIC CONTROL DEVICES.
In carrying out the first update to the Manual on Uniform Traffic
Control Devices under section 109(d)(2) of title 23, United States Code,
to the greatest extent practicable, the Secretary shall include updates
necessary to provide for--
(1) the protection of vulnerable road users (as defined in
section 148(a) of title 23, United States Code);
(2) supporting the safe testing of automated vehicle
technology and any preparation necessary for the safe
integration of automated vehicles onto public streets;
(3) appropriate use of variable message signs to enhance
public safety;
(4) the minimum retroreflectivity of traffic control devices
and pavement markings; and
(5) any additional recommendations made by the National
Committee on Uniform Traffic Control Devices that have not been
incorporated into the Manual on Uniform Traffic Control Devices.
Subtitle B--Planning and Performance Management
SEC. 11201. TRANSPORTATION PLANNING.
(a) Metropolitan Transportation Planning.--Section 134 of title 23,
United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (3), by adding at the end the
following:
``(D) Considerations.--In designating officials or
representatives under paragraph (2) for the first time,
subject to the bylaws or enabling statute of the
metropolitan planning organization, the metropolitan
planning organization shall consider the equitable and
proportional representation of the population of the
metropolitan planning area.''; and
(B) in paragraph (7)--
(i) by striking ``an existing metropolitan
planning area'' and inserting ``an existing
urbanized area (as defined by the Bureau of the
Census)''; and
(ii) by striking ``the existing metropolitan
planning area'' and inserting ``the area'';
(2) in subsection (g)--
(A) in paragraph (1), by striking ``a metropolitan
area'' and inserting ``an urbanized area (as defined by
the Bureau of the Census)''; and
(B) by adding at the end the following:
``(4) Coordination between MPOs.--If more than 1
metropolitan planning organization is designated within an
urbanized area (as defined by the Bureau of the Census) under
subsection (d)(7), the metropolitan planning organizations
designated within the area shall ensure, to the maximum extent
practicable, the consistency of any data used in the planning
process, including information used in forecasting travel
demand.
[[Page 135 STAT. 517]]
``(5) Savings clause.--Nothing in this subsection requires
metropolitan planning organizations designated within a single
urbanized area to jointly develop planning documents, including
a unified long-range transportation plan or unified TIP.'';
(3) in subsection (i)(6), by adding at the end the
following:
``(D) Use of technology.--A metropolitan planning
organization may use social media and other web-based
tools--
``(i) to further encourage public
participation; and
``(ii) to solicit public feedback during the
transportation planning process.''; and
(4) in subsection (p), by striking ``paragraphs (5)(D) and
(6) of section 104(b) of this title'' and inserting ``section
104(b)(6)''.
(b) Statewide and Nonmetropolitan Transportation Planning.--Section
135(f)(3) of title 23, United States Code, is amended by adding at the
end the following:
``(C) Use of technology.--A State may use social
media and other web-based tools--
``(i) to further encourage public
participation; and
``(ii) to solicit public feedback during the
transportation planning process.''.
(c) Conforming Amendment.--Section 135(i) of title 23, United States
Code, is amended by striking ``paragraphs (5)(D) and (6) of section
104(b) of this title'' and inserting ``section 104(b)(6)''.
(d) Housing Coordination.--Section 134 of title 23, United States
Code, is amended--
(1) in subsection (a)(1), by inserting ``better connect
housing and employment,'' after ``urbanized areas'';
(2) in subsection (g)(3)(A), by inserting ``housing,'' after
``economic development,'';
(3) in subsection (h)(1)(E), by inserting ``, housing,''
after ``growth'';
(4) in subsection (i)--
(A) in paragraph (4)(B)--
(i) by redesignating clauses (iii) through
(vi) as clauses (iv) through (vii), respectively;
and
(ii) by inserting after clause (ii) the
following:
``(iii) assumed distribution of population and
housing;''; and
(B) in paragraph (6)(A), by inserting ``affordable
housing organizations,'' after ``disabled,''; and
(5) in subsection (k)--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Housing coordination process.--
``(A) In general.--Within a metropolitan planning
area serving a transportation management area, the
transportation planning process under this section may
address the integration of housing, transportation, and
economic development strategies through a process that
provides for effective integration, based on a
cooperatively developed and implemented strategy, of new
and existing transportation facilities eligible for
funding under this title and chapter 53 of title 49.
[[Page 135 STAT. 518]]
``(B) Coordination in integrated planning process.--
In carrying out the process described in subparagraph
(A), a metropolitan planning organization may--
``(i) <> consult with--
``(I) State and local entities
responsible for land use, economic
development, housing, management of road
networks, or public transportation; and
``(II) other appropriate public or
private entities; and
``(ii) coordinate, to the extent practicable,
with applicable State and local entities to align
the goals of the process with the goals of any
comprehensive housing affordability strategies
established within the metropolitan planning area
pursuant to section 105 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12705)
and plans developed under section 5A of the United
States Housing Act of 1937 (42 U.S.C. 1437c-1).
``(C) Housing coordination plan.--
``(i) In general.--A metropolitan planning
organization serving a transportation management
area may develop a housing coordination plan that
includes projects and strategies that may be
considered in the metropolitan transportation plan
of the metropolitan planning organization.
``(ii) Contents.--A plan described in clause
(i) may--
``(I) develop regional goals for the
integration of housing, transportation,
and economic development strategies to--
``(aa) better connect
housing and employment while
mitigating commuting times;
``(bb) align transportation
improvements with housing needs,
such as housing supply
shortages, and proposed housing
development;
``(cc) align planning for
housing and transportation to
address needs in relationship to
household incomes within the
metropolitan planning area;
``(dd) expand housing and
economic development within the
catchment areas of existing
transportation facilities and
public transportation services
when appropriate, including
higher-density development, as
locally determined;
``(ee) manage effects of
growth of vehicle miles traveled
experienced in the metropolitan
planning area related to housing
development and economic
development;
``(ff) increase share of
households with sufficient and
affordable access to the
transportation networks of the
metropolitan planning area;
``(II) identify the location of
existing and planned housing and
employment, and transportation options
that connect housing and employment; and
[[Page 135 STAT. 519]]
``(III) include a comparison of
transportation plans to land use
management plans, including zoning
plans, that may affect road use, public
transportation ridership, and housing
development.''.
SEC. 11202. <>
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. 11203. STATE HUMAN CAPITAL PLANS.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 11132(a)), is amended by adding at the end the
following:
``Sec. 174. <> State human capital plans
``(a) <> In General.--Not later than 18 months
after the date of enactment of this section, the Secretary shall
encourage each State to develop a voluntary plan, to be known as a
`human capital plan', that provides for the immediate and long-term
personnel and workforce needs of the State with respect to the capacity
of the State to deliver transportation and public infrastructure
eligible under this title.
``(b) Plan Contents.--
``(1) In general.--A human capital plan developed by a State
under subsection (a) shall, to the maximum extent practicable,
take into consideration--
``(A) significant transportation workforce trends,
needs, issues, and challenges with respect to the State;
``(B) the human capital policies, strategies, and
performance measures that will guide the transportation-
related workforce investment decisions of the State;
``(C) coordination with educational institutions,
industry, organized labor, workforce boards, and other
agencies or organizations to address the human capital
transportation needs of the State;
``(D) a workforce planning strategy that identifies
current and future human capital needs, including the
knowledge, skills, and abilities needed to recruit and
retain skilled workers in the transportation industry;
``(E) a human capital management strategy that is
aligned with the transportation mission, goals, and
organizational objectives of the State;
``(F) an implementation system for workforce goals
focused on addressing continuity of leadership and
knowledge sharing across the State;
``(G) an implementation system that addresses
workforce competency gaps, particularly in mission-
critical occupations;
``(H) in the case of public-private partnerships or
other alternative project delivery methods to carry out
the transportation program of the State, a description
of workforce needs--
[[Page 135 STAT. 520]]
``(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 11132(b)), <> is amended by inserting after the item relating to section 173
the following:
``174. State human capital plans.''.
SEC. 11204. <> PRIORITIZATION PROCESS
PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means any
of the following:
(A) A metropolitan planning organization that serves
an area with a population of over 200,000.
(B) A State.
(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given the
term in section 134(b) of title 23, United States Code.
(3) Prioritization process pilot program.--The term
``prioritization process pilot program'' means the pilot program
established under subsection (b)(1).
(b) Establishment.--
(1) In general.--The Secretary shall establish and solicit
applications for a prioritization process pilot program.
[[Page 135 STAT. 521]]
(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--
[[Page 135 STAT. 522]]
(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
[[Page 135 STAT. 523]]
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. 11205. <> 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
[[Page 135 STAT. 524]]
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. 11206. <> 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--
[[Page 135 STAT. 525]]
(A) to create a network of active transportation
facilities, including sidewalks, bikeways, or pedestrian
and bicycle trails, to connect neighborhoods with
destinations such as workplaces, schools, residences,
businesses, recreation areas, healthcare and child care
services, or other community activity centers;
(B) to integrate active transportation facilities
with public transportation service or improve access to
public transportation;
(C) to create multiuse active transportation
infrastructure facilities, including bikeways or
pedestrian and bicycle trails, that make connections
within or between communities;
(D) to increase public transportation ridership; and
(E) to improve the safety of bicyclists and
pedestrians;
(4) regional and megaregional planning to address travel
demand and capacity constraints through alternatives to new
highway capacity, including through intercity passenger rail;
and
(5) development of transportation plans and policies that
support transit-oriented development.
(d) <> Federal Share.--The Federal share of
the cost of an activity carried out under this section shall be 80
percent, unless the Secretary determines that the interests of the
Federal-aid highway program would be best served by decreasing or
eliminating the non-Federal share.
(e) <> State Flexibility.--A State or metropolitan
planning organization, with the approval of the Secretary, may opt out
of the requirements of this section if the State or metropolitan
planning organization demonstrates to the Secretary, by not later than
30 days before the Secretary apportions funds for a fiscal year under
section 104, that the State or metropolitan planning organization--
(1) has Complete Streets standards and policies in place;
and
(2) has developed an up-to-date Complete Streets
prioritization plan as described in subsection (c)(2).
Subtitle C--Project Delivery and Process Improvement
SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION.
(a) In General.--Section 139 of title 23, United States Code, is
amended--
(1) in the section heading, by striking ``decisionmaking''
and inserting ``decisionmaking and One Federal Decision'';
(2) in subsection (a)--
(A) by redesignating paragraphs (2) through (8) as
paragraphs (4), (5), (6), (8), (9), (10), and (11),
respectively;
(B) <> by inserting after
paragraph (1) the following:
``(2) Authorization.--The term `authorization' means any
environmental license, permit, approval, finding, or other
administrative decision related to the environmental review
process that is required under Federal law to site, construct,
or reconstruct a project.
[[Page 135 STAT. 526]]
``(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
[[Page 135 STAT. 527]]
``(ii) best practices, programmatic
agreements, and potential changes to internal
departmental procedures that would facilitate an
efficient environmental review process for
projects.
``(B) Consultation.--In conducting the review under
subparagraph (A), the Secretary shall consult, as
appropriate, with the heads of other Federal agencies
that participate in the environmental review process.
``(C) Report.--Not later than 2 years after the date
of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
that includes--
``(i) the results of the review under
subparagraph (A); and
``(ii) <> an analysis of
whether additional funding would help the
Secretary meet the requirements applicable to
projects under this section.'';
(5) in subsection (d)--
(A) in paragraph (8)--
(i) in the paragraph heading, by striking
``NEPA'' and inserting ``environmental'';
(ii) in subparagraph (A)--
(I) by inserting ``and except as
provided in subparagraph (D)'' after
``paragraph (7)'';
(II) by striking ``permits'' and
inserting ``authorizations''; and
(III) by striking ``single
environment document'' and inserting
``single environmental document for each
kind of environmental document'';
(iii) in subparagraph (B)(i)--
(I) by striking ``an environmental
document'' and inserting ``environmental
documents''; and
(II) by striking ``permits issued''
and inserting ``authorizations''; and
(iv) by adding at the end the following:
``(D) <> Exceptions.--The
lead agency may waive the application of subparagraph
(A) with respect to a project if--
``(i) the project sponsor requests that
agencies issue separate environmental documents;
``(ii) the obligations of a cooperating agency
or participating agency under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) have already been satisfied with respect
to the project; or
``(iii) <> the lead
agency determines that reliance on a single
environmental document (as described in
subparagraph (A)) would not facilitate timely
completion of the environmental review process for
the project.''; and
(B) by adding at the end the following:
``(10) Timely authorizations for major projects.--
``(A) Deadline.--Except as provided in subparagraph
(C), all authorization decisions necessary for the
construction of a major project shall be completed by
not later
[[Page 135 STAT. 528]]
than 90 days after the date of the issuance of a record
of decision for the major project.
``(B) Detail.--The final environmental impact
statement for a major project shall include an adequate
level of detail to inform decisions necessary for the
role of the participating agencies and cooperating
agencies in the environmental review process.
``(C) Extension of deadline.--The head of the lead
agency may extend the deadline under subparagraph (A)
if--
``(i) Federal law prohibits the lead agency or
another agency from issuing an approval or permit
within the period described in that subparagraph;
``(ii) the project sponsor requests that the
permit or approval follow a different timeline; or
``(iii) an extension would facilitate
completion of the environmental review and
authorization process of the major project.'';
(6) in subsection (g)(1)--
(A) in subparagraph (B)--
(i) in clause (ii)(IV), by striking ``schedule
for and cost of'' and inserting ``time required by
an agency to conduct an environmental review and
make decisions under applicable Federal law
relating to a project (including the issuance or
denial of a permit or license) and the cost of'';
and
(ii) by adding at the end the following:
``(iii) <> Major project
schedule.--To the maximum extent practicable and
consistent with applicable Federal law, in the
case of a major project, the lead agency shall
develop, in concurrence with the project sponsor,
a schedule for the major project that is
consistent with an agency average of not more than
2 years for the completion of the environmental
review process for major projects, as measured
from, as applicable--
``(I) the date of publication of a
notice of intent to prepare an
environmental impact statement to the
record of decision; or
``(II) <> the
date on which the head of the lead
agency determines that an environmental
assessment is required to a finding of
no significant impact.'';
(B) by striking subparagraph (D) and inserting the
following:
``(D) Modification.--
``(i) In general.--Except as provided in
clause (ii), the lead agency may lengthen or
shorten a schedule established under subparagraph
(B) for good cause.
``(ii) Exceptions.--
``(I) <> Major
projects.--In the case of a major
project, the lead agency may lengthen a
schedule under clause (i) for a
cooperating Federal agency by not more
than 1 year after the latest deadline
established for the major project by the
lead agency.
``(II) Shortened schedules.--The
lead agency may not shorten a schedule
under clause
[[Page 135 STAT. 529]]
(i) if doing so would impair the ability
of a cooperating Federal agency to
conduct necessary analyses or otherwise
carry out relevant obligations of the
Federal agency for the project.'';
(C) by redesignating subparagraph (E) as
subparagraph (F); and
(D) by inserting after subparagraph (D) the
following:
``(E) Failure to meet deadline.--If a cooperating
Federal agency fails to meet a deadline established
under subparagraph (D)(ii)(I)--
``(i) <> the cooperating
Federal agency shall submit to the Secretary a
report that describes the reasons why the deadline
was not met; and
``(ii) the Secretary shall--
``(I) <> transmit
to the Committee on Environment and
Public Works of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives a copy of the report
under clause (i); and
``(II) <> make the
report under clause (i) publicly
available on the internet.'';
(7) in subsection (n), by adding at the end the following:
``(3) Length of environmental document.--
``(A) In general.--Notwithstanding any other
provision of law and except as provided in subparagraph
(B), to the maximum extent practicable, the text of the
items described in paragraphs (4) through (6) of section
1502.10(a) of title 40, Code of Federal Regulations (or
successor regulations), of an environmental impact
statement for a project shall be 200 pages or fewer.
``(B) Exemption.--An environmental impact statement
for a project may exceed 200 pages, if the lead agency
establishes a new page limit for the environmental
impact statement for that project.''; and
(8) by adding at the end the following:
``(p) Accountability and Reporting for Major Projects.--
``(1) In general.--The Secretary shall establish a
performance accountability system to track each major project.
``(2) Requirements.--The performance accountability system
under paragraph (1) shall, for each major project, track, at a
minimum--
``(A) the environmental review process for the major
project, including the project schedule;
``(B) whether the lead agency, cooperating agencies,
and participating agencies are meeting the schedule
established for the environmental review process; and
``(C) the time taken to complete the environmental
review process.
``(q) Development of Categorical Exclusions.--
``(1) <> In general.--Not
later than 60 days after the date of enactment of this
subsection, and every 4 years thereafter, the Secretary shall--
``(A) <> in consultation with
the agencies described in paragraph (2), identify the
categorical exclusions described in section 771.117 of
title 23, Code of Federal Regulations (or successor
regulations), that would accelerate delivery
[[Page 135 STAT. 530]]
of a project if those categorical exclusions were
available to those agencies;
``(B) collect existing documentation and
substantiating information on the categorical exclusions
described in subparagraph (A); and
``(C) provide to each agency described in paragraph
(2)--
``(i) <> a list of the
categorical exclusions identified under
subparagraph (A); and
``(ii) the documentation and substantiating
information under subparagraph (B).
``(2) Agencies described.--The agencies referred to in
paragraph (1) are--
``(A) the Department of the Interior;
``(B) the Department of the Army;
``(C) the Department of Commerce;
``(D) the Department of Agriculture;
``(E) the Department of Energy;
``(F) the Department of Defense; and
``(G) any other Federal agency that has participated
in an environmental review process for a project, as
determined by the Secretary.
``(3) Adoption of categorical exclusions.--
``(A) <> In general.--Not later than 1 year after the date on
which the Secretary provides a list under paragraph
(1)(C), an agency described in paragraph (2) shall
publish a notice of proposed rulemaking to propose any
categorical exclusions from the list applicable to the
agency, subject to the condition that the categorical
exclusion identified under paragraph (1)(A) meets the
criteria for a categorical exclusion under section
1508.1 of title 40, Code of Federal Regulations (or
successor regulations).
``(B) Public comment.--In a notice of proposed
rulemaking under subparagraph (A), the applicable agency
may solicit comments on whether any of the proposed new
categorical exclusions meet the criteria for a
categorical exclusion under section 1508.1 of title 40,
Code of Federal Regulations (or successor
regulations).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, <> is amended by striking
the item relating to section 139 and inserting the following:
``139. Efficient environmental reviews for project decisionmaking and
One Federal Decision.''.
SEC. 11302. <> 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. 11303. <>
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.
[[Page 135 STAT. 531]]
(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. 11304. <> 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. 11305. ALTERNATIVE CONTRACTING METHODS.
(a) Alternative Contracting Methods for Federal Land Management
Agencies and Tribal Governments.--Section 201 of title 23, United States
Code, is amended by adding at the end the following:
``(f) Alternative Contracting Methods.--
``(1) In general.--Notwithstanding any other provision of
law (including the Federal Acquisition Regulation), a
contracting method available to a State under this title may be
used by the Secretary, on behalf of--
``(A) a Federal land management agency, in using any
funds pursuant to section 203, 204, or 308;
``(B) a Federal land management agency, in using any
funds pursuant to section 1535 of title 31 for any of
the eligible uses described in sections 203(a)(1) and
204(a)(1) and paragraphs (1) and (2) of section 308(a);
or
``(C) a Tribal government, in using funds pursuant
to section 202(b)(7)(D).
``(2) Methods described.--The contracting methods referred
to in paragraph (1) shall include, at a minimum--
``(A) project bundling;
``(B) bridge bundling;
``(C) design-build contracting;
``(D) 2-phase contracting;
``(E) long-term concession agreements; and
``(F) any method tested, or that could be tested,
under an experimental program relating to contracting
methods carried out by the Secretary.
``(3) Effect.--Nothing in this subsection--
``(A) affects the application of the Federal share
for the project carried out with a contracting method
under this subsection; or
[[Page 135 STAT. 532]]
``(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. 11306. 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. 11307. 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--
[[Page 135 STAT. 533]]
(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
[[Page 135 STAT. 534]]
(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. 11308. <> 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
[[Page 135 STAT. 535]]
(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. 11309. 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
[[Page 135 STAT. 536]]
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. 11310. PRELIMINARY ENGINEERING.
(a) In General.--Section 102 of title 23, United States Code, is
amended--
(1) by striking subsection (b); and
(2) in subsection (a), in the second sentence, by striking
``Nothing in this subsection'' and inserting the following:
``(b) Savings Provision.--Nothing in this section''.
(b) Conforming Amendment.--Section 144(j) of title 23, United States
Code, is amended by striking paragraph (6).
SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL LAND
MANAGEMENT PROJECTS.
Section 203 of title 23, United States Code, is amended by adding at
the end the following:
``(e) Efficient Implementation of NEPA.--
``(1) Definitions.--In this subsection:
``(A) Environmental document.--The term
`environmental document' means an environmental impact
statement, environmental assessment, categorical
exclusion, or other document prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(B) Project.--The term `project' means a highway
project, public transportation capital project, or
multimodal project that--
``(i) receives funds under this title; and
``(ii) is authorized under this section or
section 204.
[[Page 135 STAT. 537]]
``(C) Project sponsor.--The term `project sponsor'
means the Federal land management agency that seeks or
receives funds under this title for a project.
``(2) Environmental review to be completed by federal
highway administration.--The Federal Highway Administration may
prepare an environmental document pursuant to the implementing
procedures of the Federal Highway Administration to comply with
the requirements of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) if--
``(A) requested by a project sponsor; and
``(B) all areas of analysis required by the project
sponsor can be addressed.
``(3) Federal land management agencies adoption of existing
environmental review documents.--
``(A) In general.--To the maximum extent
practicable, if the Federal Highway Administration
prepares an environmental document pursuant to paragraph
(2), that environmental document shall address all areas
of analysis required by a Federal land management
agency.
``(B) Independent evaluation.--Notwithstanding any
other provision of law, a Federal land management agency
shall not be required to conduct an independent
evaluation to determine the adequacy of an environmental
document prepared by the Federal Highway Administration
pursuant to paragraph (2).
``(C) Use of same document.--In authorizing or
implementing a project, a Federal land management agency
may use an environmental document previously prepared by
the Federal Highway Administration for a project
addressing the same or substantially the same action to
the same extent that the Federal land management agency
could adopt or use a document previously prepared by
another Federal agency.
``(4) Application by federal land management agencies of
categorical exclusions established by federal highway
administration.--In carrying out requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a
project, the project sponsor may use categorical exclusions
designated under that Act in the implementing regulations of the
Federal Highway Administration, subject to the conditions that--
``(A) <> the project sponsor makes a determination, in
consultation with the Federal Highway Administration,
that the categorical exclusion applies to the project;
``(B) the project satisfies the conditions for a
categorical exclusion under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
``(C) the use of the categorical exclusion does not
otherwise conflict with the implementing regulations of
the project sponsor, except any list of the project
sponsor that designates categorical exclusions.
``(5) Mitigation commitments.--The Secretary shall assist
the Federal land management agency with all design and
mitigation commitments made jointly by the Secretary and the
project sponsor in any environmental document prepared by the
Secretary in accordance with this subsection.''.
[[Page 135 STAT. 538]]
SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REPORTING
PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 156 the following:
``Sec. 157. <> National Environmental Policy
Act of 1969 reporting program
``(a) Definitions.--In this section:
``(1) Categorical exclusion.--The term `categorical
exclusion' has the meaning given the term in section 771.117(c)
of title 23, Code of Federal Regulations (or a successor
regulation).
``(2) Documented categorical exclusion.--The term
`documented categorical exclusion' has the meaning given the
term in section 771.117(d) of title 23, Code of Federal
Regulations (or a successor regulation).
``(3) Environmental assessment.--The term `environmental
assessment' has the meaning given the term in section 1508.1 of
title 40, Code of Federal Regulations (or a successor
regulation).
``(4) Environmental impact statement.--The term
`environmental impact statement' means a detailed statement
required under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
``(5) Federal agency.--The term `Federal agency' includes a
State that has assumed responsibility under section 327.
``(6) NEPA process.--The term `NEPA process' means the
entirety of the development and documentation of the analysis
required under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the assessment and analysis of
any impacts, alternatives, and mitigation of a proposed action,
and any interagency participation and public involvement
required to be carried out before the Secretary undertakes a
proposed action.
``(7) Proposed action.--The term `proposed action' means an
action (within the meaning of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the
Secretary proposes to carry out.
``(8) Reporting period.--The term `reporting period' means
the fiscal year prior to the fiscal year in which a report is
issued under subsection (b).
``(9) Secretary.--The term `Secretary' includes the governor
or head of an applicable State agency of a State that has
assumed responsibility under section 327.
``(b) Report on NEPA Data.--
``(1) In general.--The Secretary shall carry out a process
to track, and annually submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing, the information described
in paragraph (3).
``(2) Time to complete.--For purposes of paragraph (3), the
NEPA process--
``(A) for an environmental impact statement--
``(i) <> begins on the date on
which the Notice of Intent is published in the
Federal Register; and
[[Page 135 STAT. 539]]
``(ii) <> ends on the date on
which the Secretary issues a record of decision,
including, if necessary, a revised record of
decision; and
``(B) <> for an
environmental assessment--
``(i) begins on the date on which the
Secretary makes a determination to prepare an
environmental assessment; and
``(ii) ends on the date on which the Secretary
issues a finding of no significant impact or
determines that preparation of an environmental
impact statement is necessary.
``(3) Information described.--The information referred to in
paragraph (1) is, with respect to the Department of
Transportation--
``(A) the number of proposed actions for which a
categorical exclusion was issued during the reporting
period;
``(B) the number of proposed actions for which a
documented categorical exclusion was issued by the
Department of Transportation during the reporting
period;
``(C) the number of proposed actions pending on the
date on which the report is submitted for which the
issuance of a documented categorical exclusion by the
Department of Transportation is pending;
``(D) the number of proposed actions for which an
environmental assessment was issued by the Department of
Transportation during the reporting period;
``(E) the length of time the Department of
Transportation took to complete each environmental
assessment described in subparagraph (D);
``(F) the number of proposed actions pending on the
date on which the report is submitted for which an
environmental assessment is being drafted by the
Department of Transportation;
``(G) the number of proposed actions for which an
environmental impact statement was completed by the
Department of Transportation during the reporting
period;
``(H) the length of time that the Department of
Transportation took to complete each environmental
impact statement described in subparagraph (G);
``(I) the number of proposed actions pending on the
date on which the report is submitted for which an
environmental impact statement is being drafted; and
``(J) for the proposed actions reported under
subparagraphs (F) and (I), the percentage of those
proposed actions for which--
``(i) funding has been identified; and
``(ii) all other Federal, State, and local
activities that are required to allow the proposed
action to proceed are completed.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, <> is amended by inserting
after the item relating to section 156 the following:
``157. National Environmental Policy Act of 1969 reporting program.''.
SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM
WRITTEN AGREEMENTS.
Section 327 of title 23, United States Code, is amended--
[[Page 135 STAT. 540]]
(1) in subsection (a)(2)(G), by inserting ``, including the
payment of fees awarded under section 2412 of title 28'' before
the period at the end;
(2) in subsection (c)--
(A) by striking paragraph (5) and inserting the
following:
``(5) except as provided under paragraph (7), have a term of
not more than 5 years;'';
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) <> for any State that has
participated in a program under this section (or under a
predecessor program) for at least 10 years, have a term of 10
years.'';
(3) in subsection (g)(1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking ``annual'';
(C) by redesignating subparagraph (C) as
subparagraph (D); and
(D) by inserting after subparagraph (B) the
following:
``(C) <> in the case of
an agreement period of greater than 5 years pursuant to
subsection (c)(7), conduct an audit covering the first 5
years of the agreement period; and''; and
(4) by adding at the end the following:
``(m) Agency Deemed to Be Federal Agency.--A State agency that is
assigned a responsibility under an agreement under this section shall be
deemed to be an agency for the purposes of section 2412 of title 28.''.
SEC. 11314. <> STATE ASSUMPTION OF
RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
Section 326(c)(3) of title 23, United States Code, is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) except as provided under subparagraph (C),
shall have a term of not more than 3 years;'';
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) shall have a term of 5 years, in the case of a
State that has assumed the responsibility for
categorical exclusions under this section for not fewer
than 10 years.''.
SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATION
PROJECT ENVIRONMENTAL REVIEW.
Section 123 of title 23, United States Code, is amended to read as
follows:
``Sec. 123. Relocation of utility facilities
``(a) Definitions.--In this section:
``(1) Cost of relocation.--The term `cost of relocation'
includes the entire amount paid by a utility properly
attributable to the relocation of a utility facility, minus any
increase in the value of the new facility and any salvage value
derived from the old facility.
``(2) Early utility relocation project.--The term `early
utility relocation project' means utility relocation activities
[[Page 135 STAT. 541]]
identified by the State for performance before completion of the
environmental review process for the transportation project.
``(3) Environmental review process.--The term `environmental
review process' has the meaning given the term in section
139(a).
``(4) Transportation project.--The term `transportation
project' means a project.
``(5) Utility facility.--The term `utility facility' means
any privately, publicly, or cooperatively owned line, facility,
or system for producing, transmitting, or distributing
communications, power, electricity, light, heat, gas, oil, crude
products, water, steam, waste, stormwater not connected with
highway drainage, or any other similar commodity, including any
fire or police signal system or street lighting system, that
directly or indirectly serves the public.
``(6) Utility relocation activity.--The term `utility
relocation activity' means an activity necessary for the
relocation of a utility facility, including preliminary and
final design, surveys, real property acquisition, materials
acquisition, and construction.
``(b) Reimbursement to States.--
``(1) In general.--If a State pays for the cost of
relocation of a utility facility necessitated by the
construction of a transportation project, Federal funds may be
used to reimburse the State for the cost of relocation in the
same proportion as Federal funds are expended on the
transportation project.
``(2) Limitation.--Federal funds shall not be used to
reimburse a State under this section if the payment to the
utility--
``(A) violates the law of the State; or
``(B) violates a legal contract between the utility
and the State.
``(3) Requirement.--A reimbursement under paragraph (1)
shall be made only if the State demonstrates to the satisfaction
of the Secretary that the State paid the cost of the utility
relocation activity from funds of the State with respect to
transportation projects for which Federal funds are obligated
subsequent to April 16, 1958, for work, including utility
relocation activities.
``(4) Reimbursement eligibility for early relocation prior
to transportation project environmental review process.--
``(A) In general.--In addition to the requirements
under paragraphs (1) through (3), a State may carry out,
at the expense of the State, an early utility relocation
project for a transportation project before completion
of the environmental review process for the
transportation project.
``(B) Requirements for reimbursement.--Funds
apportioned to a State under this title may be used to
pay the costs incurred by the State for an early utility
relocation project only if the State demonstrates to the
Secretary, and the Secretary finds that--
``(i) the early utility relocation project is
necessary to accommodate a transportation project;
[[Page 135 STAT. 542]]
``(ii) the State provides adequate
documentation to the Secretary of eligible costs
incurred by the State for the early utility
relocation project;
``(iii) before the commencement of the utility
relocation activities, an environmental review
process was completed for the early utility
relocation project that resulted in a finding that
the early utility relocation project--
``(I) would not result in
significant adverse environmental
impacts; and
``(II) <> would
comply with other applicable Federal
environmental requirements;
``(iv) the early utility relocation project
did not influence--
``(I) the environmental review
process for the transportation project;
``(II) the decision relating to the
need to construct the transportation
project; or
``(III) the selection of the
transportation project design or
location;
``(v) <> the early utility
relocation project complies with all applicable
provisions of law, including regulations issued
pursuant to this title;
``(vi) the early utility relocation project
follows applicable financial procedures and
requirements, including documentation of eligible
costs and the requirements under section 109(l),
but not including requirements applicable to
authorization and obligation of Federal funds;
``(vii) the transportation project for which
the early utility relocation project was
necessitated was included in the applicable
transportation improvement program under section
134 or 135;
``(viii) before the cost incurred by a State
is approved for Federal participation,
environmental compliance pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) has been completed for the transportation
project for which the early utility relocation
project was necessitated; and
``(ix) the transportation project that
necessitated the utility relocation activity is
approved for construction.
``(C) Savings provision.--Nothing in this paragraph
affects other eligibility requirements or authorities
for Federal participation in payment of costs incurred
for utility relocation activities.
``(c) Applicability of Other Provisions.--Nothing in this section
affects the applicability of other requirements that would otherwise
apply to an early utility relocation project, including any applicable
requirements under--
``(1) section 138;
``(2) the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.),
including regulations under part 24 of title 49, Code of Federal
Regulations (or successor regulations);
``(3) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.); or
[[Page 135 STAT. 543]]
``(4) an environmental review process.''.
SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS.
Section 138(a) of title 23, United States Code, is amended--
(1) in the fourth sentence, by striking ``In carrying out''
and inserting the following:
``(4) Studies.--In carrying out'';
(2) in the third sentence--
(A) by striking ``such land, and (2) such program''
and inserting the following: ``the land; and
``(B) the program'';
(B) by striking ``unless (1) there is'' and
inserting the following: ``unless--
``(A) there is''; and
(C) by striking ``After the'' and inserting the
following:
``(3) Requirement.--After the'';
(3) in the second sentence--
(A) by striking ``The Secretary of Transportation''
and inserting the following:
``(2) Cooperation and consultation.--
``(A) In general.--The Secretary''; and
(B) by adding at the end the following:
``(B) Timeline for approvals.--
``(i) In general.--The Secretary shall--
``(I) provide an evaluation under
this section to the Secretaries
described in subparagraph (A); and
``(II) provide a period of 30 days
for receipt of comments.
``(ii) <> Assumed
acceptance.--If the Secretary does not receive
comments by 15 days after the deadline under
clause (i)(II), the Secretary shall assume a lack
of objection and proceed with the action.
``(C) Effect.--Nothing in subparagraph (B) affects--
``(i) the requirements under--
``(I) subsections (b) through (f);
or
``(II) the consultation process
under section 306108 of title 54; or
``(ii) programmatic section 4(f) evaluations,
as described in regulations issued by the
Secretary.''; and
(4) in the first sentence, by striking ``It is declared to
be'' and inserting the following:
``(1) In general.--It is''.
SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL
ASSISTANCE.
Section 1317(1) of MAP-21 (23 U.S.C. 109 note; Public Law 112-141)
is amended--
(1) in subparagraph (A), by striking ``$5,000,000'' and
inserting ``$6,000,000''; and
(2) in subparagraph (B), by striking ``$30,000,000'' and
inserting ``$35,000,000''.
SEC. 11318. <> CERTAIN GATHERING LINES
LOCATED ON FEDERAL LAND AND INDIAN
LAND.
(a) Definitions.--In this section:
(1) Federal land.--
[[Page 135 STAT. 544]]
(A) In general.--The term ``Federal land'' means
land the title to which is held by the United States.
(B) Exclusions.--The term ``Federal land'' does not
include--
(i) a unit of the National Park System;
(ii) a unit of the National Wildlife Refuge
System;
(iii) a component of the National Wilderness
Preservation System;
(iv) a wilderness study area within the
National Forest System; or
(v) Indian land.
(2) Gathering line and associated field compression or
pumping unit.--
(A) In general.--The term ``gathering line and
associated field compression or pumping unit'' means--
(i) a pipeline that is installed to transport
oil, natural gas and related constituents, or
produced water from 1 or more wells drilled and
completed to produce oil or gas; and
(ii) if necessary, 1 or more compressors or
pumps to raise the pressure of the transported
oil, natural gas and related constituents, or
produced water to higher pressures necessary to
enable the oil, natural gas and related
constituents, or produced water to flow into
pipelines and other facilities.
(B) Inclusions.--The term ``gathering line and
associated field compression or pumping unit'' includes
a pipeline or associated compression or pumping unit
that is installed to transport oil or natural gas from a
processing plant to a common carrier pipeline or
facility.
(C) Exclusions.--The term ``gathering line and
associated field compression or pumping unit'' does not
include a common carrier pipeline.
(3) Indian land.--The term ``Indian land'' means land the
title to which is held by--
(A) the United States in trust for an Indian Tribe
or an individual Indian; or
(B) an Indian Tribe or an individual Indian subject
to a restriction by the United States against
alienation.
(4) Produced water.--The term ``produced water'' means water
produced from an oil or gas well bore that is not a fluid
prepared at, or transported to, the well site to resolve a
specific oil or gas well bore or reservoir condition.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Certain Gathering Lines.--
(1) In general.--Subject to paragraph (2), the issuance of a
sundry notice or right-of-way for a gathering line and
associated field compression or pumping unit that is located on
Federal land or Indian land and that services any oil or gas
well may be considered by the Secretary to be an action that is
categorically excluded (as defined in section 1508.1 of title
40, Code of Federal Regulations (as in effect on the date of
enactment of this Act)) for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the
gathering line and associated field compression or pumping
unit--
[[Page 135 STAT. 545]]
(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. 11319. <> ANNUAL REPORT.
(a) Definition of Covered Project.--In this section, the term
``covered project'' means a project or activity carried out with funds
provided by the Department, including a project carried out under title
23 or 49, United States Code--
(1) that is more than 5 years behind schedule; or
(2) for which the total amount spent on the project or
activity is not less than $1,000,000,000 more than the original
cost estimate for the project or activity.
(b) Requirement.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Secretary shall
[[Page 135 STAT. 546]]
submit to Congress a report on covered projects of the Department, which
shall include, for each covered project--
(1) a brief description of the covered project, including--
(A) the purpose of the covered project;
(B) each location in which the covered project is
carried out;
(C) the contract or award number of the covered
project, if applicable;
(D) the year in which the covered project was
initiated;
(E) the Federal share of the total cost of the
covered project; and
(F) each primary contractor, subcontractor, grant
recipient, and subgrantee recipient of the covered
project;
(2) an explanation of any change to the original scope of
the covered project, including by the addition or narrowing of
the initial requirements of the covered project;
(3) the original expected date for completion of the covered
project;
(4) the current expected date for completion of the covered
project;
(5) <> the original cost estimate for
the covered project, as adjusted to reflect increases in the
Consumer Price Index for All Urban Consumers, as published by
the Bureau of Labor Statistics;
(6) <> the current cost estimate for
the covered project, as adjusted to reflect increases in the
Consumer Price Index for All Urban Consumers, as published by
the Bureau of Labor Statistics;
(7) an explanation for a delay in completion or an increase
in the original cost estimate for the covered project,
including, where applicable, any impact of insufficient or
delayed appropriations; and
(8) the amount of and rationale for any award, incentive
fee, or other type of bonus, if any, awarded for the covered
project.
Subtitle D--Climate Change
SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE.
(a) <> Purpose.--The purpose of this
section is to establish a grant program to strategically deploy publicly
accessible electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, and natural gas fueling
infrastructure along designated alternative fuel corridors or in certain
other locations that will be accessible to all drivers of electric
vehicles, hydrogen vehicles, propane vehicles, and natural gas vehicles.
(b) Grant Program.--Section 151 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Not later than 1 year after the
date of enactment of the FAST Act, the Secretary shall''
and inserting ``The Secretary shall periodically''; and
(B) by striking ``to improve the mobility'' and
inserting ``to support changes in the transportation
sector that help achieve a reduction in greenhouse gas
emissions and improve the mobility'';
[[Page 135 STAT. 547]]
(2) in subsection (b)(2), by inserting ``previously
designated by the Federal Highway Administration or'' before
``designated by'';
(3) by striking subsection (d) and inserting the following:
``(d) <> Redesignation.--
``(1) <> Initial redesignation.--Not later
than 180 days after the date of enactment of the Surface
Transportation Reauthorization Act of 2021, the Secretary shall
update and redesignate the corridors under subsection (a).
``(2) Subsequent redesignation.--The Secretary shall
establish a recurring process to regularly update and
redesignate the corridors under subsection (a).'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2)--
(i) by striking ``establishes an aspirational
goal of achieving'' and inserting ``describes
efforts, including through funds awarded through
the grant program under subsection (f), that will
aid efforts to achieve''; and
(ii) by striking ``by the end of fiscal year
2020.'' and inserting ``; and''; and
(C) by adding at the end the following:
``(3) <> summarizes best practices and
provides guidance, developed through consultation with the
Secretary of Energy, for project development of electric vehicle
charging infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure and natural gas fueling
infrastructure at the State, Tribal, and local level to allow
for the predictable deployment of that infrastructure.''; and
(5) by adding at the end the following:
``(f) Grant Program.--
``(1) Definition of private entity.--In this subsection, the
term `private entity' means a corporation, partnership, company,
or nonprofit organization.
``(2) <> Establishment.--Not later than 1
year after the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall establish a
grant program to award grants to eligible entities to carry out
the activities described in paragraph (6).
``(3) Eligible entities.--An entity eligible to receive a
grant under this subsection is--
``(A) a State or political subdivision of a State;
``(B) a metropolitan planning organization;
``(C) a unit of local government;
``(D) a special purpose district or public authority
with a transportation function, including a port
authority;
``(E) an Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304));
``(F) a territory of the United States;
``(G) an authority, agency, or instrumentality of,
or an entity owned by, 1 or more entities described in
subparagraphs (A) through (F); or
``(H) a group of entities described in subparagraphs
(A) through (G).
[[Page 135 STAT. 548]]
``(4) Applications.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary shall require,
including--
``(A) a description of how the eligible entity has
considered--
``(i) public accessibility of charging or
fueling infrastructure proposed to be funded with
a grant under this subsection, including--
``(I) charging or fueling connector
types and publicly available information
on real-time availability; and
``(II) payment methods to ensure
secure, convenient, fair, and equal
access;
``(ii) collaborative engagement with
stakeholders (including automobile manufacturers,
utilities, infrastructure providers, technology
providers, electric charging, hydrogen, propane,
and natural gas fuel providers, metropolitan
planning organizations, States, Indian tribes, and
units of local governments, fleet owners, fleet
managers, fuel station owners and operators, labor
organizations, infrastructure construction and
component parts suppliers, and multi-State and
regional entities)--
``(I) to foster enhanced,
coordinated, public-private or private
investment in electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure;
``(II) to expand deployment of
electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure;
``(III) to protect personal privacy
and ensure cybersecurity; and
``(IV) to ensure that a properly
trained workforce is available to
construct and install electric vehicle
charging infrastructure, hydrogen
fueling infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure;
``(iii) the location of the station or fueling
site, such as consideration of--
``(I) the availability of onsite
amenities for vehicle operators, such as
restrooms or food facilities;
``(II) access in compliance with the
Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.);
``(III) height and fueling capacity
requirements for facilities that charge
or refuel large vehicles, such as semi-
trailer trucks; and
``(IV) appropriate distribution to
avoid redundancy and fill charging or
fueling gaps;
``(iv) infrastructure installation that can be
responsive to technology advancements, such as
accommodating autonomous vehicles, vehicle-to-grid
technology, and future charging methods; and
[[Page 135 STAT. 549]]
``(v) the long-term operation and maintenance
of the electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure, to avoid stranded assets and
protect the investment of public funds in that
infrastructure; and
``(B) <> an assessment of the
estimated emissions that will be reduced through the use
of electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure,
or natural gas fueling infrastructure, which shall be
conducted using the Alternative Fuel Life-Cycle
Environmental and Economic Transportation (AFLEET) tool
developed by Argonne National Laboratory (or a successor
tool).
``(5) Considerations.--In selecting eligible entities to
receive a grant under this subsection, the Secretary shall--
``(A) consider the extent to which the application
of the eligible entity would--
``(i) improve alternative fueling corridor
networks by--
``(I) converting corridor-pending
corridors to corridor-ready corridors;
or
``(II) in the case of corridor-ready
corridors, providing redundancy--
``(aa) to meet excess demand
for charging or fueling
infrastructure; or
``(bb) to reduce congestion
at existing charging or fueling
infrastructure in high-traffic
locations;
``(ii) meet current or anticipated market
demands for charging or fueling infrastructure;
``(iii) enable or accelerate the construction
of charging or fueling infrastructure that would
be unlikely to be completed without Federal
assistance;
``(iv) support a long-term competitive market
for electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure that does not significantly impair
existing electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure providers;
``(v) provide access to electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure in areas with a
current or forecasted need; and
``(vi) deploy electric vehicle charging
infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas
fueling infrastructure for medium- and heavy-duty
vehicles (including along the National Highway
Freight Network established under section 167(c))
and in proximity to intermodal transfer stations;
``(B) ensure, to the maximum extent practicable,
geographic diversity among grant recipients to ensure
that electric vehicle charging infrastructure, hydrogen
fueling
[[Page 135 STAT. 550]]
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure is available
throughout the United States;
``(C) consider whether the private entity that the
eligible entity contracts with under paragraph (6)--
``(i) submits to the Secretary the most recent
year of audited financial statements; and
``(ii) has experience in installing and
operating electric vehicle charging
infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas
fueling infrastructure; and
``(D) consider whether, to the maximum extent
practicable, the eligible entity and the private entity
that the eligible entity contracts with under paragraph
(6) enter into an agreement--
``(i) to operate and maintain publicly
available electric vehicle charging
infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas
infrastructure; and
``(ii) that provides a remedy and an
opportunity to cure if the requirements described
in clause (i) are not met.
``(6) Use of funds.--
``(A) <> In general.--An eligible
entity receiving a grant under this subsection shall
only use the funds in accordance with this paragraph to
contract with a private entity for acquisition and
installation of publicly accessible electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure that is directly
related to the charging or fueling of a vehicle.
``(B) Location of infrastructure.--Any publicly
accessible electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling infrastructure
acquired and installed with a grant under this
subsection shall be located along an alternative fuel
corridor designated under this section, on the condition
that any affected Indian tribes are consulted before the
designation.
``(C) Operating assistance.--
``(i) <