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112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-557
SENATE
_______________________________________________________________________
MAP-21
CONFERENCE REPORT
to accompany
H.R. 4348
June 28, 2012.--Ordered to be printed
______
U.S. GOVERNMENT PRINTING OFFICE
74-837 WASHINGTON : 2012
C O N T E N T S
----------
Page
PART I--EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY AND
RELATED TAXES.................................................. 613
A. Extension of Highway Trust Fund Expenditure Authority and
Extension of Highway-Related Taxes (secs. 141 and 142 of
the House bill, secs. 40101 and 40102 of the Senate
amendment, secs. 40101 and 40102 of the conference
agreement, and secs. 4041, 4051, 4071, 4081, 4221, 4481,
4483, 6412, 9503, 9504, and 9508 of the Code).............. 613
PART II--REVENUE PROVISIONS...................................... 616
A. Leaking Underground Storage Tank Trust Fund (secs. 40301
and 40302 of the Senate amendment, sec. 40201 of the
conference agreement and secs. 9503 and 9508 of the Code).. 616
B. Pension Funding Stabilization (sec. 40312 of the Senate
amendment, sec. 40211 of the conference agreement, Code
sec. 430, and ERISA secs. 101(f) and 303).................. 618
C. Transfer of Excess Pension Assets (secs. 40310 and 40311
of the Senate amendment, secs. 40241 and 40242 of the
conference agreement, and sec. 420 of the Code)............ 626
D. Exception from Early Distribution Tax for Annuities Under
Phased Retirement Program (sec. 100111 of conference
agreement and sec. 72(t) of the Code)...................... 630
E. Additional Transfers to the Highway Trust Fund (sec. 40313
of the Senate amendment, sec. 40251 of the conference
agreement, and sec. 9503 of the Code)...................... 631
F. Expand the Definition of a Tobacco Manufacturer to Include
Businesses Making Available Roll-Your-Own Cigarette
Machines for Consumer Use (sec. 100116 of the Senate
amendment, section 100112 of the conference agreement and
sec. 5702(d) of the Code).................................. 632
PART III--OTHER ITEMS............................................ 634
A. Small Issuer Exception to Tax-Exempt Interest Expense
Allocation Rules for Financial Institutions (sec. 40201 of
the Senate amendment and sec. 265 of the Code)............. 634
B. Temporary Modification of Alternative Minimum Tax
Limitations on Tax-Exempt Bonds (sec. 40202 of the Senate
amendment and secs. 56 and 57 of the Code)................. 636
C. Issuance of TRIP Bonds by State Infrastructure Banks (sec.
40203 of the Senate amendment)............................. 637
D. Mass Transit and Parking Benefits (sec. 40204 of the
Senate amendment and sec. 132(f) of the Code).............. 638
E. Private Activity Volume Cap Exemption for Sewage and Water
Facility Bonds (sec. 40205 of the Senate amendment and sec.
146(g) of the Code)........................................ 639
F. Dedication of Gas Guzzler Tax to the Highway Trust Fund
(sec. 40303 of the Senate amendment and sec. 9503 of the
Code)...................................................... 640
G. Revocation or Denial of Passport in Case of Certain Unpaid
Taxes (sec. 40304 of the Senate amendment and new secs.
7345 and 6103(l)(23) of the Code).......................... 641
H. 100 Percent Continuous Levy on Payments to Medicare
Providers and Suppliers (sec. 40305 of the Senate amendment
and sec. 6331(h) of the Code).............................. 643
I. Appropriation to the Highway Trust Fund of Amounts
Attributable to Certain Duties on Imported Vehicles (sec.
40306 of the Senate amendment)............................. 645
J. Treatment of Securities of a Controlled Corporation
Exchanged for Assets in Certain Reorganizations (sec. 40307
of the Senate amendment and sec. 361 of the Code).......... 645
K. Internal Revenue Service Levies and Thrift Savings Plan
Accounts (sec. 40308 of the Senate amendment).............. 648
L. Depreciation and Amortization Rules for Highway and
Related Property Subject to Long-Term Leases (sec. 40309 of
the Senate amendment and secs. 168, 197, and 147 of the
Code)...................................................... 649
M. Transfers to Federal Old-Age and Survivors Insurance Trust
Fund and Federal Disability Insurance Trust Fund (sec.
40314 of the Senate amendment)............................. 651
N. Modify Rules that Apply to Sales of Life Insurance
Contracts (secs. 100112-4 of the Senate amendment and new
sec. 6050X of the Code).................................... 651
O. Authorizing Special Measures against Foreign
Jurisdictions, Financial Institutions, and Others that
Significantly Impede U.S. Tax Enforcement (sec. 100201 of
the Senate amendment and 31 U.S.C. sec. 5138A)............. 655
P. Delay in Application of Worldwide Interest (sec. 1801 of
the Senate amendment and sec. 864(f) of the Code).......... 658
PART IV--TAX COMPLEXITY ANALYSIS................................. 662
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-557
======================================================================
MAP-21
_______
June 28, 2012.--Ordered to be printed
_______
Mr. Mica, from the Committee on Conference, submitted the following
CONFERENCE REPORT
[To accompany H. R. 4348]
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
4348), to provide an extension of Federal-aid highway, highway
safety, motor carrier safety, transit, and other programs
funded out of the Highway Trust Fund pending enactment of a
multiyear law reauthorizing such programs, and for other
purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``Moving
Ahead for Progress in the 21st Century Act'' or the ``MAP-21''.
(b) Divisions.--This Act is organized into 8 divisions as
follows:
(1) Division A-Federal-aid Highways and Highway
Safety Construction Programs.
(2) Division B-Public Transportation.
(3) Division C-Transportation Safety and Surface
Transportation Policy.
(4) Division D-Finance.
(5) Division E-Research and Education.
(6) Division F-Miscellaneous.
(7) Division G-Surface Transportation Extension.
(8) Division H-Budgetary Effects.
(c) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; organization of Act into divisions; table of
contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. National Highway System.
Sec. 1105. Apportionment.
Sec. 1106. National highway performance program.
Sec. 1107. Emergency relief.
Sec. 1108. Surface transportation program.
Sec. 1109. Workforce development.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. National bridge and tunnel inventory and inspection
standards.
Sec. 1112. Highway safety improvement program.
Sec. 1113. Congestion mitigation and air quality improvement program.
Sec. 1114. Territorial and Puerto Rico highway program.
Sec. 1115. National freight policy.
Sec. 1116. Prioritization of projects to improve freight movement.
Sec. 1117. State freight advisory committees.
Sec. 1118. State freight plans.
Sec. 1119. Federal lands and tribal transportation programs.
Sec. 1120. Projects of national and regional significance.
Sec. 1121. Construction of ferry boats and ferry terminal facilities.
Sec. 1122. Transportation alternatives.
Sec. 1123. Tribal high priority projects program.
Subtitle B--Performance Management
Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.
Sec. 1203. National goals and performance management measures.
Subtitle C--Acceleration of Project Delivery
Sec. 1301. Declaration of policy and project delivery initiative.
Sec. 1302. Advance acquisition of real property interests.
Sec. 1303. Letting of contracts.
Sec. 1304. Innovative project delivery methods.
Sec. 1305. Efficient environmental reviews for project decisionmaking.
Sec. 1306. Accelerated decisionmaking.
Sec. 1307. Assistance to affected Federal and State agencies.
Sec. 1308. Limitations on claims.
Sec. 1309. Accelerating completion of complex projects within 4 years.
Sec. 1310. Integration of planning and environmental review.
Sec. 1311. Development of programmatic mitigation plans.
Sec. 1312. State assumption of responsibility for categorical
exclusions.
Sec. 1313. Surface transportation project delivery program.
Sec. 1314. Application of categorical exclusions for multimodal
projects.
Sec. 1315. Categorical exclusions in emergencies.
Sec. 1316. Categorical exclusions for projects within the right-of-way.
Sec. 1317. Categorical exclusion for projects of limited Federal
assistance.
Sec. 1318. Programmatic agreements and additional categorical
exclusions.
Sec. 1319. Accelerated decisionmaking in environmental reviews.
Sec. 1320. Memoranda of agency agreements for early coordination.
Sec. 1321. Environmental procedures initiative.
Sec. 1322. Review of State environmental reviews and approvals for the
purpose of eliminating duplication of environmental reviews.
Sec. 1323. Review of Federal project and program delivery.
Subtitle D--Highway Safety
Sec. 1401. Jason's law.
Sec. 1402. Open container requirements.
Sec. 1403. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 1404. Adjustments to penalty provisions.
Sec. 1405. Highway worker safety.
Subtitle E--Miscellaneous
Sec. 1501. Real-time ridesharing.
Sec. 1502. Program efficiencies.
Sec. 1503. Project approval and oversight.
Sec. 1504. Standards.
Sec. 1505. Justification reports for access points on the Interstate
System.
Sec. 1506. Construction.
Sec. 1507. Maintenance.
Sec. 1508. Federal share payable.
Sec. 1509. Transferability of Federal-aid highway funds.
Sec. 1510. Idle reduction technology.
Sec. 1511. Special permits during periods of national emergency.
Sec. 1512. Tolling.
Sec. 1513. Miscellaneous parking amendments.
Sec. 1514. HOV facilities.
Sec. 1515. Funding flexibility for transportation emergencies.
Sec. 1516. Defense access road program enhancements to address
transportation infrastructure in the vicinity of military
installations.
Sec. 1517. Mapping.
Sec. 1518. Buy America provisions.
Sec. 1519. Consolidation of programs; repeal of obsolete provisions.
Sec. 1520. Denali Commission.
Sec. 1521. Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 amendments.
Sec. 1522. Extension of public transit vehicle exemption from axle
weight restrictions.
Sec. 1523. Use of debris from demolished bridges and overpasses.
Sec. 1524. Use of youth service and conservation corps.
Sec. 1525. State autonomy for culvert pipe selection.
Sec. 1526. Evacuation routes.
Sec. 1527. Consolidation of grants.
Sec. 1528. Appalachian development highway system.
Sec. 1529. Engineering judgment.
Sec. 1530. Transportation training and employment programs.
Sec. 1531. Notice of certain grant awards.
Sec. 1532. Budget justification.
Sec. 1533. Prohibition on use of funds for automated traffic
enforcement.
Sec. 1534. Public-private partnerships.
Sec. 1535. Report on Highway Trust Fund expenditures.
Sec. 1536. Sense of Congress on harbor maintenance.
Sec. 1537. Estimate of harbor maintenance needs.
Sec. 1538. Asian carp.
Sec. 1539. Rest areas.
Subtitle F--Gulf Coast Restoration
Sec. 1601. Short title.
Sec. 1602. Gulf Coast Restoration Trust Fund.
Sec. 1603. Gulf Coast natural resources restoration and economic
recovery.
Sec. 1604. Gulf Coast Ecosystem Restoration Science, Observation,
Monitoring, and Technology program.
Sec. 1605. Centers of excellence research grants.
Sec. 1606. Effect.
Sec. 1607. Restoration and protection activity limitations.
Sec. 1608. Inspector General.
TITLE II--AMERICA FAST FORWARD FINANCING INNOVATION
Sec. 2001. Short title.
Sec. 2002. Transportation Infrastructure Finance and Innovation Act of
1998 amendments.
DIVISION B--PUBLIC TRANSPORTATION
Sec. 20001. Short title.
Sec. 20002. Repeals.
Sec. 20003. Policies and purposes.
Sec. 20004. Definitions.
Sec. 20005. Metropolitan transportation planning.
Sec. 20006. Statewide and nonmetropolitan transportation planning.
Sec. 20007. Urbanized area formula grants.
Sec. 20008. Fixed guideway capital investment grants.
Sec. 20009. Mobility of seniors and individuals with disabilities.
Sec. 20010. Formula grants for rural areas.
Sec. 20011. Research, development, demonstration, and deployment
projects.
Sec. 20012. Technical assistance and standards development.
Sec. 20013. Private sector participation.
Sec. 20014. Bus testing facilities.
Sec. 20015. Human resources and training.
Sec. 20016. General provisions.
Sec. 20017. Public Transportation Emergency Relief Program.
Sec. 20018. Contract requirements.
Sec. 20019. Transit asset management.
Sec. 20020. Project management oversight.
Sec. 20021. Public transportation safety.
Sec. 20022. Alcohol and controlled substances testing.
Sec. 20023. Nondiscrimination.
Sec. 20024. Administrative provisions.
Sec. 20025. National transit database.
Sec. 20026. Apportionment of appropriations for formula grants.
Sec. 20027. State of good repair grants.
Sec. 20028. Authorizations.
Sec. 20029. Bus and bus facilities formula grants.
Sec. 20030. Technical and conforming amendments.
DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY
TITLE I--MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012
Sec. 31001. Short title.
Sec. 31002. Definition.
Subtitle A--Highway Safety
Sec. 31101. Authorization of appropriations.
Sec. 31102. Highway safety programs.
Sec. 31103. Highway safety research and development.
Sec. 31104. National driver register.
Sec. 31105. National priority safety programs.
Sec. 31106. High visibility enforcement program.
Sec. 31107. Agency accountability.
Sec. 31108. Emergency medical services.
Sec. 31109. Repeal of programs.
Subtitle B--Enhanced Safety Authorities
Sec. 31201. Definition of motor vehicle equipment.
Sec. 31202. Permit reminder system for non-use of safety belts.
Sec. 31203. Civil penalties.
Sec. 31204. Motor vehicle safety research and development.
Sec. 31205. Odometer requirements.
Sec. 31206. Increased penalties and damages for odometer fraud.
Sec. 31207. Extend prohibitions on importing noncompliant vehicles and
equipment to defective vehicles and equipment.
Sec. 31208. Conditions on importation of vehicles and equipment.
Sec. 31209. Port inspections; samples for examination or testing.
Subtitle C--Transparency and Accountability
Sec. 31301. Public availability of recall information.
Sec. 31302. National Highway Traffic Safety Administration outreach to
manufacturer, dealer, and mechanic personnel.
Sec. 31303. Public availability of communications to dealers.
Sec. 31304. Corporate responsibility for National Highway Traffic Safety
Administration reports.
Sec. 31305. Passenger motor vehicle information program.
Sec. 31306. Promotion of vehicle defect reporting.
Sec. 31307. Whistleblower protections for motor vehicle manufacturers,
part suppliers, and dealership employees.
Sec. 31308. Anti-revolving door.
Sec. 31309. Study of crash data collection.
Sec. 31310. Update means of providing notification; improving efficacy
of recalls.
Sec. 31311. Expanding choices of remedy available to manufacturers of
replacement equipment.
Sec. 31312. Recall obligations and bankruptcy of manufacturer.
Sec. 31313. Repeal of insurance reports and information provision.
Sec. 31314. Monroney sticker to permit additional safety rating
categories.
Subtitle D--Vehicle Electronics and Safety Standards
Sec. 31401. National Highway Traffic Safety Administration electronics,
software, and engineering expertise.
Sec. 31402. Electronic systems performance.
Subtitle E--Child Safety Standards
Sec. 31501. Child safety seats.
Sec. 31502. Child restraint anchorage systems.
Sec. 31503. Rear seat belt reminders.
Sec. 31504. Unattended passenger reminders.
Sec. 31505. New deadline.
Subtitle F--Improved Daytime and Nighttime Visibility of Agricultural
Equipment
Sec. 31601. Rulemaking on visibility of agricultural equipment.
TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2012
Sec. 32001. Short title.
Sec. 32002. References to title 49, United States Code.
Subtitle A--Commercial Motor Vehicle Registration
Sec. 32101. Registration of motor carriers.
Sec. 32102. Safety fitness of new operators.
Sec. 32103. Reincarnated carriers.
Sec. 32104. Financial responsibility requirements.
Sec. 32105. USDOT number registration requirement.
Sec. 32106. Registration fee system.
Sec. 32107. Registration update.
Sec. 32108. Increased penalties for operating without registration.
Sec. 32109. Revocation of registration for imminent hazard.
Sec. 32110. Revocation of registration and other penalties for failure
to respond to subpoena.
Sec. 32111. Fleetwide out of service order for operating without
required registration.
Sec. 32112. Motor carrier and officer patterns of safety violations.
Subtitle B--Commercial Motor Vehicle Safety
Sec. 32201. Crashworthiness standards.
Sec. 32202. Canadian safety rating reciprocity.
Sec. 32203. State reporting of foreign commercial driver convictions.
Sec. 32204. Authority to disqualify foreign commercial drivers.
Sec. 32205. Revocation of foreign motor carrier operating authority for
failure to pay civil penalties.
Sec. 32206. Rental truck accident study.
Subtitle C--Driver Safety
Sec. 32301. Hours of service study and electronic logging devices.
Sec. 32302. Driver medical qualifications.
Sec. 32303. Commercial driver's license notification system.
Sec. 32304. Commercial motor vehicle operator training.
Sec. 32305. Commercial driver's license program.
Sec. 32306. Commercial motor vehicle driver information systems.
Sec. 32307. Employer responsibilities.
Sec. 32308. Program to assist Veterans to acquire commercial driver's
licenses.
Subtitle D--Safe Roads Act of 2012
Sec. 32401. Short title.
Sec. 32402. National clearinghouse for controlled substance and alcohol
test results of commercial motor vehicle operators.
Subtitle E--Enforcement
Sec. 32501. Inspection demand and display of credentials.
Sec. 32502. Out of service penalty for denial of access to records.
Sec. 32503. Penalties for violation of operation out of service orders.
Sec. 32504. Impoundment and immobilization of commercial motor vehicles
for imminent hazard.
Sec. 32505. Increased penalties for evasion of regulations.
Sec. 32506. Violations relating to commercial motor vehicle safety
regulation and operators.
Sec. 32507. Emergency disqualification for imminent hazard.
Sec. 32508. Disclosure to State and local law enforcement agencies.
Sec. 32509. Grade crossing safety regulations.
Subtitle F--Compliance, Safety, Accountability
Sec. 32601. Motor carrier safety assistance program.
Sec. 32602. Performance and registration information systems management
program.
Sec. 32603. Authorization of appropriations.
Sec. 32604. Grants for commercial driver's license program
implementation.
Sec. 32605. Commercial vehicle information systems and networks.
Subtitle G--Motorcoach Enhanced Safety Act of 2012
Sec. 32701. Short title.
Sec. 32702. Definitions.
Sec. 32703. Regulations for improved occupant protection, passenger
evacuation, and crash avoidance.
Sec. 32704. Fire prevention and mitigation.
Sec. 32705. Occupant protection, collision avoidance, fire causation,
and fire extinguisher research and testing.
Sec. 32706. Concurrence of research and rulemaking.
Sec. 32707. Improved oversight of motorcoach service providers.
Sec. 32708. Report on feasibility, benefits, and costs of establishing a
system of certification of training programs.
Sec. 32709. Commercial driver's license passenger endorsement
requirements.
Sec. 32710. Safety inspection program for commercial motor vehicles of
passengers.
Sec. 32711. Regulations.
Subtitle H--Safe Highways and Infrastructure Preservation
Sec. 32801. Comprehensive truck size and weight limits study.
Sec. 32802. Compilation of existing State truck size and weight limit
laws.
Subtitle I--Miscellaneous
PART I--Miscellaneous
Sec. 32911. Prohibition of coercion.
Sec. 32912. Motor carrier safety advisory committee.
Sec. 32913. Waivers, exemptions, and pilot programs.
Sec. 32914. Registration requirements.
Sec. 32915. Additional motor carrier registration requirements.
Sec. 32916. Registration of freight forwarders and brokers.
Sec. 32917. Effective periods of registration.
Sec. 32918. Financial security of brokers and freight forwarders.
Sec. 32919. Unlawful brokerage activities.
PART II--Household Goods Transportation
Sec. 32921. Additional registration requirements for household goods
motor carriers.
Sec. 32922. Failure to give up possession of household goods.
Sec. 32923. Settlement authority.
PART III--Technical Amendments
Sec. 32931. Update of obsolete text.
Sec. 32932. Correction of interstate commerce commission references.
Sec. 32933. Technical and conforming amendments.
Sec. 32934. Exemptions from requirements for covered farm vehicles.
TITLE III--HAZARDOUS MATERIALS TRANSPORTATION SAFETY IMPROVEMENT ACT OF
2012
Sec. 33001. Short title.
Sec. 33002. Definition.
Sec. 33003. References to title 49, United States Code.
Sec. 33004. Training for emergency responders.
Sec. 33005. Paperless Hazard Communications Pilot Program.
Sec. 33006. Improving data collection, analysis, and reporting.
Sec. 33007. Hazardous material technical assessment, research and
development, and analysis program.
Sec. 33008. Hazardous Material Enforcement Training.
Sec. 33009. Inspections.
Sec. 33010. Civil penalties.
Sec. 33011. Reporting of fees.
Sec. 33012. Special permits, approvals, and exclusions.
Sec. 33013. Highway routing disclosures.
Sec. 33014. Motor carrier safety permits.
Sec. 33015. Wetlines.
Sec. 33016. Hazmat employee training requirements and grants.
Sec. 33017. Authorization of appropriations.
TITLE IV--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT OF
2012
Sec. 34001. Short title.
Sec. 34002. Amendment of Federal Aid in Sport Fish Restoration Act.
TITLE V--MISCELLANEOUS
Sec. 35001. Overflights in Grand Canyon National Park.
Sec. 35002. Commercial air tour operations.
Sec. 35003. Qualifications for public aircraft status.
DIVISION D--FINANCE
Sec. 40001. Short title.
TITLE I--EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY AND
RELATED TAXES
Sec. 40101. Extension of trust fund expenditure authority.
Sec. 40102. Extension of highway-related taxes.
TITLE II--REVENUE PROVISIONS
Subtitle A--Leaking Underground Storage Tank Trust Fund
Sec. 40201. Transfer from Leaking Underground Storage Tank Trust Fund to
Highway Trust Fund.
Subtitle B--Pension Provisions
PART I--Pension Funding Stabilization
Sec. 40211. Pension funding stabilization.
PART II--PBGC Premiums
Sec. 40221. Single employer plan annual premium rates.
Sec. 40222. Multiemployer annual premium rates.
PART III--Improvements of PBGC
Sec. 40231. Pension Benefit Guaranty Corporation Governance Improvement.
Sec. 40232. Participant and plan sponsor advocate.
Sec. 40233. Quality control procedures for the Pension Benefit Guaranty
Corporation.
Sec. 40234. Line of credit repeal.
PART IV--Transfers of Excess Pension Assets
Sec. 40241. Extension for transfers of excess pension assets to retiree
health accounts.
Sec. 40242. Transfer of excess pension assets to retiree group term life
insurance accounts.
Subtitle C--Additional Transfers to Highway Trust Fund
Sec. 40251. Additional transfers to Highway Trust Fund.
DIVISION E--RESEARCH AND EDUCATION
Sec. 50001. Short title.
TITLE I--FUNDING
Sec. 51001. Authorization of appropriations.
TITLE II--RESEARCH, TECHNOLOGY, AND EDUCATION
Sec. 52001. Research, technology, and education.
Sec. 52002. Surface transportation research, development, and
technology.
Sec. 52003. Research and technology development and deployment.
Sec. 52004. Training and education.
Sec. 52005. State planning and research.
Sec. 52006. International highway transportation program.
Sec. 52007. Surface transportation environmental cooperative research
program.
Sec. 52008. National cooperative freight research.
Sec. 52009. University transportation centers program.
Sec. 52010. University transportation research.
Sec. 52011. Bureau of Transportation Statistics.
Sec. 52012. Administrative authority.
Sec. 52013. Transportation research and development strategic planning.
TITLE III--INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH
Sec. 53001. Use of funds for ITS activities.
Sec. 53002. Goals and purposes.
Sec. 53003. General authorities and requirements.
Sec. 53004. Research and development.
Sec. 53005. National architecture and standards.
Sec. 53006. Vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment.
DIVISION F--MISCELLANEOUS
TITLE I--REAUTHORIZATION OF CERTAIN PROGRAMS
Subtitle A--Secure Rural Schools and Community Self-determination
Program
Sec. 100101. Secure Rural Schools and Community Self-Determination
Program.
Subtitle B--Payment in Lieu of Taxes Program
Sec. 100111. Payments in lieu of taxes.
Subtitle C--Offsets
Sec. 100121. Phased retirement authority.
Sec. 100122. Roll-your-own cigarette machines.
Sec. 100123. Change in FMAP increase for disaster recovery states.
Sec. 100124. Repeals.
Sec. 100125. Limitation on payments from the Abandoned Mine Reclamation
Fund.
TITLE II--FLOOD INSURANCE
Subtitle A--Flood Insurance Reform and Modernization
Sec. 100201. Short title.
Sec. 100202. Definitions.
Sec. 100203. Extension of National Flood Insurance Program.
Sec. 100204. Availability of insurance for multifamily properties.
Sec. 100205. Reform of premium rate structure.
Sec. 100207. Premium adjustment.
Sec. 100208. Enforcement.
Sec. 100209. Escrow of flood insurance payments.
Sec. 100210. Minimum deductibles for claims under the National Flood
Insurance Program.
Sec. 100211. Considerations in determining chargeable premium rates.
Sec. 100212. Reserve fund.
Sec. 100213. Repayment plan for borrowing authority.
Sec. 100214. Payment of condominium claims.
Sec. 100215. Technical mapping advisory council.
Sec. 100216. National flood mapping program.
Sec. 100217. Scope of appeals.
Sec. 100218. Scientific Resolution Panel.
Sec. 100219. Removal of limitation on State contributions for updating
flood maps.
Sec. 100220. Coordination.
Sec. 100221. Interagency coordination study.
Sec. 100222. Notice of flood insurance availability under RESPA.
Sec. 100223. Participation in State disaster claims mediation programs.
Sec. 100224. Oversight and expense reimbursements of insurance
companies.
Sec. 100225. Mitigation.
Sec. 100226. Flood Protection Structure Accreditation Task Force.
Sec. 100227. Flood in progress determinations.
Sec. 100228. Clarification of residential and commercial coverage
limits.
Sec. 100229. Local data requirement.
Sec. 100230. Eligibility for flood insurance for persons residing in
communities that have made adequate progress on the
reconstruction or improvement of a flood protection system.
Sec. 100231. Studies and reports.
Sec. 100232. Reinsurance.
Sec. 100233. GAO study on business interruption and additional living
expenses coverages.
Sec. 100234. Policy disclosures.
Sec. 100235. Report on inclusion of building codes in floodplain
management criteria.
Sec. 100236. Study of participation and affordability for certain
policyholders.
Sec. 100237. Study and report concerning the participation of Indian
tribes and members of Indian tribes in the National Flood
Insurance Program.
Sec. 100238. Technical corrections.
Sec. 100239. Use of private insurance to satisfy mandatory purchase
requirement.
Sec. 100240. Levees constructed on certain properties.
Sec. 100241. Insurance coverage for private properties affected by
flooding from Federal lands.
Sec. 100242. Permissible land use under Federal flood insurance plan.
Sec. 100243. CDBG eligibility for flood insurance outreach activities
and community building code administration grants.
Sec. 100244. Termination of force-placed insurance.
Sec. 100245. FEMA authority on transfer of policies.
Sec. 100246. Reimbursement of certain expenses.
Sec. 100247. FIO study on risks, hazards, and insurance.
Sec. 100248. Flood protection improvements constructed on certain
properties.
Sec. 100249. No cause of action.
Subtitle B--Alternative Loss Allocation
Sec. 100251. Short title.
Sec. 100252. Assessing and modeling named storms over coastal States.
Sec. 100253. Alternative loss allocation system for indeterminate
claims.
Subtitle C--HEARTH Act Amendment
Sec. 100261. HEARTH Act technical corrections.
TITLE III--STUDENT LOAN INTEREST RATE EXTENSION
Sec. 100301. Federal Direct Stafford Loan interest rate extension.
Sec. 100302. Eligibility for, and interest charges on, Federal Direct
Stafford Loans for new borrowers on or after July 1, 2013.
DIVISION G--SURFACE TRANSPORTATION EXTENSION
Sec. 110001. Short title.
TITLE I--FEDERAL-AID HIGHWAYS
Sec. 111001. Extension of Federal-aid highway programs.
TITLE II--EXTENSION OF HIGHWAY SAFETY PROGRAMS
Sec. 112001. Extension of National Highway Traffic Safety Administration
highway safety programs.
Sec. 112002. Extension of Federal Motor Carrier Safety Administration
programs.
Sec. 112003. Additional programs.
TITLE III--PUBLIC TRANSPORTATION PROGRAMS
Sec. 113001. Allocation of funds for planning programs.
Sec. 113002. Special rule for urbanized area formula grants.
Sec. 113003. Allocating amounts for capital investment grants.
Sec. 113004. Apportionment of formula grants for other than urbanized
areas.
Sec. 113005. Apportionment based on fixed guideway factors.
Sec. 113006. Authorizations for public transportation.
Sec. 113007. Amendments to SAFETEA-LU.
TITLE IV--EFFECTIVE DATE
Sec. 114001. Effective date.
DIVISION H--BUDGETARY EFFECTS
Sec. 120001. Budgetary effects.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
SEC. 3. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided, divisions A,
B, C (other than sections 32603(d), 32603(g), 32912, and 34002
of that division) and E, including the amendments made by those
divisions, take effect on October 1, 2012.
(b) References.--Except as otherwise provided, any
reference to the date of enactment of the MAP-21 or to the date
of enactment of the Federal Public Transportation Act of 2012
in the divisions described in subsection (a) or in an amendment
made by those divisions shall be deemed to be a reference to
the effective date of those divisions.
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums 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
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,
and to carry out section 134 of that title--
(A) $37,476,819,674 for fiscal year 2013;
and
(B) $37,798,000,000 for fiscal year 2014.
(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--
(A) $750,000,000 for fiscal year 2013; and
(B) $1,000,000,000 for fiscal year 2014.
(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, $450,000,000
for each of fiscal years 2013 and 2014.
(B) Federal lands transportation program.--
For the Federal lands transportation program
under section 203 of title 23, United States
Code, $300,000,000 for each of fiscal years
2013 and 2014, of which $240,000,000 of the
amount made available for each fiscal year
shall be the amount for the National Park
Service and $30,000,000 of the amount made
available for each fiscal year shall be the
amount for the United States Fish and Wildlife
Service.
(C) Federal lands access program.--For the
Federal lands access program under section 204
of title 23, United States Code, $250,000,000
for each of fiscal years 2013 and 2014.
(4) Territorial and puerto rico highway program.--
For the territorial and Puerto Rico highway program
under section 165 of title 23, United States Code,
$190,000,000 for each of fiscal years 2013 and 2014.
(b) Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) while significant progress has occurred
due to the establishment of the disadvantaged
business enterprise program, discrimination and
related barriers continue to pose significant
obstacles for minority- and women-owned
businesses seeking to do business in federally-
assisted surface transportation markets across
the United States;
(B) the continuing barriers described in
subparagraph (A) merit the continuation of the
disadvantaged business enterprise program;
(C) Congress has received and reviewed
testimony and documentation of race and gender
discrimination from numerous sources, including
congressional hearings and roundtables,
scientific reports, reports issued by public
and private agencies, news stories, reports of
discrimination by organizations and
individuals, and discrimination lawsuits, which
show that race- and gender-neutral efforts
alone are insufficient to address the problem;
(D) the testimony and documentation
described in subparagraph (C) demonstrate that
discrimination across the United States poses a
barrier to full and fair participation in
surface transportation-related businesses of
women business owners and minority business
owners and has impacted firm development and
many aspects of surface transportation-related
business in the public and private markets; and
(E) the testimony and documentation
described in subparagraph (C) provide a strong
basis that there is a compelling need for the
continuation of the disadvantaged business
enterprise program to address race and gender
discrimination in surface transportation-
related business.
(2) Definitions.--In this subsection, the following
definitions apply:
(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 $22,410,000, 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 divisions A and B of this Act and
section 403 of title 23, United States Code, shall be
expended through small business concerns owned and
controlled by socially and economically disadvantaged
individuals.
(4) Annual listing of disadvantaged business
enterprises.--Each State shall annually--
(A) survey and compile a list of the small
business concerns referred to in paragraph (2)
in the State, including the location of the
small business concerns in the State; and
(B) notify the Secretary, in writing, of
the percentage of the small business concerns
that are controlled by--
(i) women;
(ii) socially and economically
disadvantaged individuals (other than
women); and
(iii) individuals who are women and
are otherwise socially and economically
disadvantaged individuals.
(5) Uniform certification.--
(A) In general.--The Secretary shall
establish minimum uniform criteria for use by
State governments in certifying whether a
concern qualifies as a small business concern
for the purpose of this subsection.
(B) Inclusions.--The minimum uniform
criteria established under subparagraph (A)
shall include, with respect to a potential
small business concern--
(i) on-site visits;
(ii) personal interviews with
personnel;
(iii) issuance or inspection of
licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes
of principal owners;
(ix) analyses of financial
capacity; and
(x) analyses of the type of work
preferred.
(6) Reporting.--The Secretary shall establish
minimum requirements for use by State governments in
reporting to the Secretary--
(A) information concerning disadvantaged
business enterprise awards, commitments, and
achievements; and
(B) such other information as the Secretary
determines to be appropriate for the proper
monitoring of the disadvantaged business
enterprise program.
(7) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an individual or
entity to receive funds made available under divisions
A and B of this Act and section 403 of title 23, United
States Code, if the entity or person is prevented, in
whole or in part, from complying with paragraph (2)
because a Federal court issues a final order in which
the court finds that a requirement or the
implementation of paragraph (2) is unconstitutional.
SEC. 1102. OBLIGATION CEILING.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations for
Federal-aid highway and highway safety construction programs
shall not exceed--
(1) $39,699,000,000 for fiscal year 2013; and
(2) $40,256,000,000 for fiscal year 2014.
(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
(but, for each of fiscal years 2005 through 2011, 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; and
(12) section 119 of title 23, United States Code
(but, for each of fiscal years 2013 through 2014, 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 2013 through 2014, the Secretary--
(1) shall not distribute obligation authority
provided by subsection (a) for the fiscal year for--
(A) amounts authorized for administrative
expenses and programs by section 104(a) of
title 23, United States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) shall not distribute an amount of obligation
authority provided by subsection (a) that is equal to
the unobligated balance of amounts--
(A) made available from the Highway Trust
Fund (other than the Mass Transit Account) for
Federal-aid highway and highway safety
construction programs for previous fiscal years
the funds for which are allocated by the
Secretary (or apportioned by the Secretary
under sections 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 (11) 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)(12) for
the fiscal year), less the aggregate of the
amounts not distributed under paragraphs (1)
and (2) of this subsection;
(4) shall distribute the obligation authority
provided by subsection (a), less the aggregate amounts
not distributed under paragraphs (1) and (2), for each
of the programs (other than programs to which paragraph
(1) applies) that are allocated by the Secretary under
this Act and title 23, United States Code, or
apportioned by the Secretary under sections 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)(12) and the
amounts apportioned under section 204 of that title) in
the proportion that--
(A) amounts authorized to be appropriated
for the programs that are apportioned under
title 23, United States Code, to each State for
the fiscal year; bears to
(B) the total of the amounts authorized to
be appropriated for the programs that are
apportioned under title 23, United States Code,
to all States for the fiscal year.
(d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall, after
August 1 of each of fiscal years 2013 through 2014--
(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 this
Act) 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--
(A) chapter 5 of title 23, United States
Code; and
(B) division E of this Act.
(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 2013 through
2014, 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(c) of title 23, United States
Code.
SEC. 1103. DEFINITIONS.
(a) Definitions.--Section 101(a) of title 23, United States
Code, is amended--
(1) by striking paragraphs (6), (7), (9), (12),
(19), (20), (24), (25), (26), (28), (38), and (39);
(2) by redesignating paragraphs (2), (3), (4), (5),
(8), (13), (14), (15), (16), (17), (18), (21), (22),
(23), (27), (29), (30), (31), (32), (33), (34), (35),
(36), and (37) as paragraphs (3), (4), (5), (6), (9),
(12), (13), (14), (15), (16), (17), (18), (19), (20),
(21), (22), (23), (24), (25), (26), (28), (29), (33),
and (34), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Asset management.--The term `asset
management' means a strategic and systematic process of
operating, maintaining, and improving physical assets,
with a focus on both engineering and economic analysis
based upon quality information, to identify a
structured sequence of maintenance, preservation,
repair, rehabilitation, and replacement actions that
will achieve and sustain a desired state of good repair
over the lifecycle of the assets at minimum practicable
cost.'';
(4) in paragraph (4) (as redesignated by paragraph
(2))--
(A) in the matter preceding subparagraph
(A), by inserting ``or any project eligible for
assistance under this title'' after ``of a
highway'';
(B) by striking subparagraph (A) and
inserting the following:
``(A) preliminary engineering, engineering,
and design-related services directly relating
to the construction of a highway project,
including engineering, design, project
development and management, construction
project management and inspection, surveying,
mapping (including the establishment of
temporary and permanent geodetic control in
accordance with specifications of the National
Oceanic and Atmospheric Administration), and
architectural-related services;'';
(C) in subparagraph (B)--
(i) by inserting
``reconstruction,'' before
``resurfacing''; and
(ii) by striking ``and
rehabilitation'' and inserting
``rehabilitation, and preservation'';
(D) in subparagraph (E) by striking
``railway'' and inserting ``railway-highway'';
and
(E) in subparagraph (F) by striking
``obstacles'' and inserting ``hazards'';
(5) in paragraph (6) (as so redesignated)--
(A) by inserting ``public'' before
``highway eligible''; and
(B) by inserting ``functionally'' before
``classified'';
(6) by inserting after paragraph (6) (as so
redesignated) the following:
``(7) Federal lands access transportation
facility.--The term `Federal Lands access
transportation facility' means a public highway, road,
bridge, trail, or transit system that is located on, is
adjacent to, or provides access to Federal lands for
which title or maintenance responsibility is vested in
a State, county, town, township, tribal, municipal, or
local government.
``(8) Federal lands transportation facility.--The
term `Federal lands transportation facility' means a
public highway, road, bridge, trail, or transit system
that is located on, is adjacent to, or provides access
to Federal lands for which title and maintenance
responsibility is vested in the Federal Government, and
that appears on the national Federal lands
transportation facility inventory described in section
203(c).'';
(7) in paragraph (11)(B) by inserting ``including
public roads on dams'' after ``drainage structure'';
(8) in paragraph (14) (as so redesignated)--
(A) by striking ``as a'' and inserting ``as
an air quality''; and
(B) by inserting ``air quality'' before
``attainment area'';
(9) in paragraph (18) (as so redesignated) by
striking ``an undertaking to construct a particular
portion of a highway, or if the context so implies, the
particular portion of a highway so constructed or any
other undertaking'' and inserting ``any undertaking'';
(10) in paragraph (19) (as so redesignated)--
(A) by striking ``the State transportation
department and''; and
(B) by inserting ``and the recipient''
after ``Secretary'';
(11) by striking paragraph (23) (as so
redesignated) and inserting the following:
``(23) Safety improvement project.--The term
`safety improvement project' means a strategy,
activity, or project on a public road that is
consistent with the State strategic highway safety plan
and corrects or improves a roadway feature that
constitutes a hazard to road users or addresses a
highway safety problem.'';
(12) by inserting after paragraph (26) (as so
redesignated) the following:
``(27) State strategic highway safety plan.--The
term `State strategic highway safety plan' has the same
meaning given such term in section 148(a).'';
(13) by striking paragraph (29) (as so
redesignated) and inserting the following:
``(29) Transportation alternatives.--The term
`transportation alternatives' means any of the
following activities when carried out as part of any
program or project authorized or funded under this
title, or as an independent program or project related
to surface transportation:
``(A) Construction, planning, and design of
on-road and off-road trail facilities for
pedestrians, bicyclists, and other nonmotorized
forms of transportation, including sidewalks,
bicycle infrastructure, pedestrian and bicycle
signals, traffic calming techniques, lighting
and other safety-related infrastructure, and
transportation projects to achieve compliance
with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
``(B) Construction, planning, and design of
infrastructure-related projects and systems
that will provide safe routes for non-drivers,
including children, older adults, and
individuals with disabilities to access daily
needs.
``(C) Conversion and use of abandoned
railroad corridors for trails for pedestrians,
bicyclists, or other nonmotorized
transportation users.
``(D) Construction of turnouts, overlooks,
and viewing areas.
``(E) Community improvement activities,
including--
``(i) inventory, control, or
removal of outdoor advertising;
``(ii) historic preservation and
rehabilitation of historic
transportation facilities;
``(iii) vegetation management
practices in transportation rights-of-
way to improve roadway safety, prevent
against invasive species, and provide
erosion control; and
``(iv) archaeological activities
relating to impacts from implementation
of a transportation project eligible
under this title.
``(F) Any environmental mitigation
activity, including pollution prevention and
pollution abatement activities and mitigation
to--
``(i) address stormwater
management, control, and water
pollution prevention or abatement
related to highway construction or due
to highway runoff, including activities
described in sections 133(b)(11),
328(a), and 329; or
``(ii) reduce vehicle-caused
wildlife mortality or to restore and
maintain connectivity among terrestrial
or aquatic habitats.''; and
(14) by inserting after paragraph (29) (as so
redesignated) the following:
``(30) Transportation systems management and
operations.--
``(A) In general.--The term `transportation
systems management and operations' means
integrated strategies to optimize the
performance of existing infrastructure through
the implementation of multimodal and
intermodal, cross-jurisdictional systems,
services, and projects designed to preserve
capacity and improve security, safety, and
reliability of the transportation system.
``(B) Inclusions.--The term `transportation
systems management and operations' includes--
``(i) actions such as traffic
detection and surveillance, corridor
management, freeway management,
arterial management, active
transportation and demand management,
work zone management, emergency
management, traveler information
services, congestion pricing, parking
management, automated enforcement,
traffic control, commercial vehicle
operations, freight management, and
coordination of highway, rail, transit,
bicycle, and pedestrian operations; and
``(ii) coordination of the
implementation of regional
transportation system management and
operations investments (such as traffic
incident management, traveler
information services, emergency
management, roadway weather management,
intelligent transportation systems,
communication networks, and information
sharing systems) requiring agreements,
integration, and interoperability to
achieve targeted system performance,
reliability, safety, and customer
service levels.
``(31) Tribal transportation facility.--The term
`tribal transportation facility' means a public
highway, road, bridge, trail, or transit system that is
located on or provides access to tribal land and
appears on the national tribal transportation facility
inventory described in section 202(b)(1).
``(32) Truck stop electrification system.--The term
`truck stop electrification system' means a system that
delivers heat, air conditioning, electricity, or
communications to a heavy-duty vehicle.''.
(b) Sense of Congress.--Section 101(c) of title 23, United
States Code, is amended by striking ``system'' and inserting
``highway''.
SEC. 1104. NATIONAL HIGHWAY SYSTEM.
(a) In General.--Section 103 of title 23, United States
Code, is amended to read as follows:
``Sec. 103. National Highway System
``(a) In General.--For the purposes of this title, the
Federal-aid system is the National Highway System, which
includes the Interstate System.
``(b) National Highway System.--
``(1) Description.--The National Highway System
consists of the highway routes and connections to
transportation facilities that shall--
``(A) serve major population centers,
international border crossings, ports,
airports, public transportation facilities, and
other intermodal transportation facilities and
other major travel destinations;
``(B) meet national defense requirements;
and
``(C) serve interstate and interregional
travel and commerce.
``(2) Components.--The National Highway System
described in paragraph (1) consists of the following:
``(A) The National Highway System depicted
on the map submitted by the Secretary of
Transportation to Congress with the report
entitled `Pulling Together: The National
Highway System and its Connections to Major
Intermodal Terminals' and dated May 24, 1996,
and modifications approved by the Secretary
before the date of enactment of the MAP-21.
``(B) Other urban and rural principal
arterial routes, and border crossings on those
routes, that were not included on the National
Highway System before the date of enactment of
the MAP-21.
``(C) Other connector highways (including
toll facilities) that were not included in the
National Highway System before the date of
enactment of the MAP-21 but that provide motor
vehicle access between arterial routes on the
National Highway System and a major intermodal
transportation facility.
``(D) A strategic highway network that--
``(i) consists of a network of
highways that are important to the
United States strategic defense policy,
that provide defense access,
continuity, and emergency capabilities
for the movement of personnel,
materials, and equipment in both
peacetime and wartime, and that were
not included on the National Highway
System before the date of enactment of
the MAP-21;
``(ii) may include highways on or
off the Interstate System; and
``(iii) shall be designated by the
Secretary, in consultation with
appropriate Federal agencies and the
States.
``(E) Major strategic highway network
connectors that--
``(i) consist of highways that
provide motor vehicle access between
major military installations and
highways that are part of the strategic
highway network but were not included
on the National Highway System before
the date of enactment of the MAP-21;
and
``(ii) shall be designated by the
Secretary, in consultation with
appropriate Federal agencies and the
States.
``(3) Modifications to nhs.--
``(A) In general.--The Secretary may make
any modification, including any modification
consisting of a connector to a major intermodal
terminal, to the National Highway System that
is proposed by a State if the Secretary
determines that the modification--
``(i) meets the criteria
established for the National Highway
System under this title after the date
of enactment of the MAP-21; and
``(ii) enhances the national
transportation characteristics of the
National Highway System.
``(B) Cooperation.--
``(i) In general.--In proposing a
modification under this paragraph, a
State shall cooperate with local and
regional officials.
``(ii) Urbanized areas.--In an
urbanized area, the local officials
shall act through the metropolitan
planning organization designated for
the area under section 134.
``(c) Interstate System.--
``(1) Description.--
``(A) In general.--The Dwight D. Eisenhower
National System of Interstate and Defense
Highways within the United States (including
the District of Columbia and Puerto Rico)
consists of highways designed, located, and
selected in accordance with this paragraph.
``(B) Design.--
``(i) In general.--Except as
provided in clause (ii), highways on
the Interstate System shall be designed
in accordance with the standards of
section 109(b).
``(ii) Exception.--Highways on the
Interstate System in Alaska and Puerto
Rico shall be designed in accordance
with such geometric and construction
standards as are adequate for current
and probable future traffic demands and
the needs of the locality of the
highway.
``(C) Location.--Highways on the Interstate
System shall be located so as--
``(i) to connect by routes, as
direct as practicable, the principal
metropolitan areas, cities, and
industrial centers;
``(ii) to serve the national
defense; and
``(iii) to the maximum extent
practicable, to connect at suitable
border points with routes of
continental importance in Canada and
Mexico.
``(D) Selection of routes.--To the maximum
extent practicable, each route of the
Interstate System shall be selected by joint
action of the State transportation departments
of the State in which the route is located and
the adjoining States, in cooperation with local
and regional officials, and subject to the
approval of the Secretary.
``(2) Maximum mileage.--The mileage of highways on
the Interstate System shall not exceed 43,000 miles,
exclusive of designations under paragraph (4).
``(3) Modifications.--The Secretary may approve or
require modifications to the Interstate System in a
manner consistent with the policies and procedures
established under this subsection.
``(4) Interstate system designations.--
``(A) Additions.--If the Secretary
determines that a highway on the National
Highway System meets all standards of a highway
on the Interstate System and that the highway
is a logical addition or connection to the
Interstate System, the Secretary may, upon the
affirmative recommendation of the State or
States in which the highway is located,
designate the highway as a route on the
Interstate System.
``(B) Designations as future interstate
system routes.--
``(i) In general.--Subject to
clauses (ii) through (vi), if the
Secretary determines that a highway on
the National Highway System would be a
logical addition or connection to the
Interstate System and would qualify for
designation as a route on the
Interstate System under subparagraph
(A) if the highway met all standards of
a highway on the Interstate System, the
Secretary may, upon the affirmative
recommendation of the State or States
in which the highway is located,
designate the highway as a future
Interstate System route.
``(ii) Written agreement.--A
designation under clause (i) shall be
made only upon the written agreement of
each State described in that clause
that the highway will be constructed to
meet all standards of a highway on the
Interstate System by not later than the
date that is 25 years after the date of
the agreement.
``(iii) Failure to complete
construction.--If a State described in
clause (i) has not substantially
completed the construction of a highway
designated under this subparagraph by
the date specified in clause (ii), the
Secretary shall remove the designation
of the highway as a future Interstate
System route.
``(iv) Effect of removal.--Removal
of the designation of a highway under
clause (iii) shall not preclude the
Secretary from designating the highway
as a route on the Interstate System
under subparagraph (A) or under any
other provision of law providing for
addition to the Interstate System.
``(v) Retroactive effect.--An
agreement described in clause (ii) that
is entered into before August 10, 2005,
shall be deemed to include the 25-year
time limitation described in that
clause, regardless of any earlier
construction completion date in the
agreement.
``(vi) References.--No law, rule,
regulation, map, document, or other
record of the United States, or of any
State or political subdivision of a
State, shall refer to any highway
designated as a future Interstate
System route under this subparagraph,
and no such highway shall be signed or
marked, as a highway on the Interstate
System, until such time as the
highway--
``(I) is constructed to the
geometric and construction
standards for the Interstate
System; and
``(II) has been designated
as a route on the Interstate
System.
``(C) Financial responsibility.--Except as
provided in this title, the designation of a
highway under this paragraph shall create no
additional Federal financial responsibility
with respect to the highway.
``(5) Exemption of interstate system.--
``(A) In general.--Except as provided in
subparagraph (B), the Interstate System shall
not be considered to be a historic site under
section 303 of title 49 or section 138 of this
title, regardless of whether the Interstate
System or portions or elements of the
Interstate System are listed on, or eligible
for listing on, the National Register of
Historic Places.
``(B) Individual elements.--Subject to
subparagraph (C)--
``(i) the Secretary shall
determine, through the administrative
process established for exempting the
Interstate System from section 106 of
the National Historic Preservation Act
(16 U.S.C. 470f), those individual
elements of the Interstate System that
possess national or exceptional
historic significance (such as a
historic bridge or a highly significant
engineering feature); and
``(ii) those elements shall be
considered to be historic sites under
section 303 of title 49 or section 138
of this title, as applicable.
``(C) Construction, maintenance,
restoration, and rehabilitation activities.--
Subparagraph (B) does not prohibit a State from
carrying out construction, maintenance,
preservation, restoration, or rehabilitation
activities for a portion of the Interstate
System referred to in subparagraph (B) upon
compliance with section 303 of title 49 or
section 138 of this title, as applicable, and
section 106 of the National Historic
Preservation Act (16 U.S.C. 470f).''.
(b) Inclusion of Certain Route Segments on Interstate
System.--
(1) In general.--Section 1105(e)(5)(A) of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 2031; 109 Stat. 597; 115 Stat. 872) is
amended--
(A) in the first sentence, by striking
``and in subsections (c)(18) and (c)(20)'' and
inserting ``, in subsections (c)(18) and
(c)(20), and in subparagraphs (A)(iii) and (B)
of subsection (c)(26)''; and
(B) in the second sentence, by striking
``that the segment'' and all that follows
through the period and inserting ``that the
segment meets the Interstate System design
standards approved by the Secretary under
section 109(b) of title 23, United States Code,
and is planned to connect to an existing
Interstate System segment by the date that is
25 years after the date of enactment of the
MAP-21.''.
(2) Route designation.--Section 1105(e)(5)(C)(i) of
the Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 2032; 109 Stat. 598) is amended by
adding at the end the following: ``The routes referred
to subparagraphs (A)(iii) and (B)(i) of subsection
(c)(26) are designated as Interstate Route I-11.''.
(c) Conforming Amendments.--
(1) Analysis.--The analysis for chapter 1 of title
23, United States Code, is amended by striking the item
relating to section 103 and inserting the following:
``103. National Highway System.''.
(2) Section 113.--Section 113 of title 23, United
States Code, is amended--
(A) in subsection (a) by striking ``the
Federal-aid systems'' and inserting ``Federal-
aid highways''; and
(B) in subsection (b), in the first
sentence, by striking ``of the Federal-aid
systems'' and inserting ``Federal-aid
highway''.
(3) Section 123.--Section 123(a) of title 23,
United States Code, is amended in the first sentence by
striking ``Federal-aid system'' and inserting
``Federal-aid highway''.
(4) Section 217.--Section 217(b) of title 23,
United States Code, is amended in the subsection
heading by striking ``National Highway System'' and
inserting ``National Highway Performance Program''.
(5) Section 304.--Section 304 of title 23, United
States Code, is amended in the first sentence by
striking ``the Federal-aid highway systems'' and
inserting ``Federal-aid highways''.
(6) Section 317.--Section 317(d) of title 23,
United States Code, is amended by striking ``system''
and inserting ``highway''.
SEC. 1105. APPORTIONMENT.
(a) In General.--Section 104 of title 23, United States
Code, is amended to read as follows:
``Sec. 104. Apportionment
``(a) Administrative Expenses.--
``(1) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to be made available to the
Secretary for administrative expenses of the Federal
Highway Administration--
``(A) $454,180,326 for fiscal year 2013;
and
``(B) $440,000,000 for fiscal year 2014.
``(2) Purposes.--The amounts authorized to be
appropriated by this subsection shall be used--
``(A) to administer the provisions of law
to be funded from appropriations for the
Federal-aid highway program and programs
authorized under chapter 2;
``(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for
administrative activities associated with the
Appalachian development highway system; and
``(C) to reimburse, as appropriate, the
Office of Inspector General of the Department
of Transportation for the conduct of annual
audits of financial statements in accordance
with section 3521 of title 31.
``(3) Availability.--The amounts made available
under paragraph (1) shall remain available until
expended.
``(b) Division of State Apportionments Among Programs.--The
Secretary shall distribute the amount apportioned to a State
for a fiscal year under subsection (c) among the national
highway performance program, the surface transportation
program, the highway safety improvement program, and the
congestion mitigation and air quality improvement program, and
to carry out section 134 as follows:
``(1) National highway performance program.--For
the national highway performance program, 63.7 percent
of the amount remaining after distributing amounts
under paragraphs (4) and (5).
``(2) Surface transportation program.--For the
surface transportation program, 29.3 percent of the
amount remaining after distributing amounts under
paragraphs (4) and (5).
``(3) Highway safety improvement program.--For the
highway safety improvement program, 7 percent of the
amount remaining after distributing amounts under
paragraphs (4) and (5).
``(4) Congestion mitigation and air quality
improvement program.--For the congestion mitigation and
air quality improvement program, an amount determined
by multiplying the amount determined for the State
under subsection (c) by the proportion that--
``(A) the amount apportioned to the State
for the congestion mitigation and air quality
improvement program for fiscal year 2009; bears
to
``(B) the total amount of funds apportioned
to the State for that fiscal year for the
programs referred to in section 105(a)(2)
(except for the high priority projects program
referred to in section 105(a)(2)(H)), as in
effect on the day before the date of enactment
of the MAP-21.
``(5) Metropolitan planning.--To carry out section
134, an amount determined by multiplying the amount
determined for the State under subsection (c) by the
proportion that--
``(A) the amount apportioned to the State
to carry out section 134 for fiscal year 2009;
bears to
``(B) the total amount of funds apportioned
to the State for that fiscal year for the
programs referred to in section 105(a)(2)
(except for the high priority projects program
referred to in section 105(a)(2)(H)), as in
effect on the day before the date of enactment
of the MAP-21.
``(c) Calculation of State Amounts.--
``(1) For fiscal year 2013.--
``(A) Calculation of amount.--For fiscal
year 2013, the amount for each State of
combined apportionments for the national
highway performance program under section 119,
the surface transportation program under
section 133, the highway safety improvement
program under section 148, the congestion
mitigation and air quality improvement program
under section 149, and to carry out section 134
shall be equal to the combined amount of
apportionments that the State received for
fiscal year 2012.
``(B) State apportionment.--On October 1 of
such fiscal year, the Secretary shall apportion
the sum authorized to be appropriated for
expenditure on the national highway performance
program under section 119, the surface
transportation program under section 133, the
highway safety improvement program under
section 148, the congestion mitigation and air
quality improvement program under section 149,
and to carry out section 134 in accordance with
subparagraph (A).
``(2) For fiscal year 2014.--
``(A) State share.--For fiscal year 2014,
the amount for each State of combined
apportionments for the national highway
performance program under section 119, the
surface transportation program under section
133, the highway safety improvement program
under section 148, the congestion mitigation
and air quality improvement program under
section 149, and to carry out section 134 shall
be determined as follows:
``(i) Initial amount.--The initial
amount for each State shall be
determined by multiplying the total
amount available for apportionment by
the share for each State which shall be
equal to the proportion that--
``(I) the amount of
apportionments that the State
received for fiscal year 2012;
bears to
``(II) the amount of those
apportionments received by all
States for that fiscal year.
``(ii) Adjustments to amounts.--The
initial amounts resulting from the
calculation under clause (i) shall be
adjusted to ensure that, for each
State, the amount of combined
apportionments for the programs shall
not be less than 95 percent of the
estimated tax payments attributable to
highway users in the State paid into
the Highway Trust Fund (other than the
Mass Transit Account) in the most
recent fiscal year for which data are
available.
``(B) State apportionment.--On October 1 of
such fiscal year, the Secretary shall apportion
the sum authorized to be appropriated for
expenditure on the national highway performance
program under section 119, the surface
transportation program under section 133, the
highway safety improvement program under
section 148, the congestion mitigation and air
quality improvement program under section 149,
and to carry out section 134 in accordance with
subparagraph (A).
``(d) Metropolitan Planning.--
``(1) Use of amounts.--
``(A) Use.--
``(i) In general.--Except as
provided in clause (ii), the amounts
apportioned to a State under subsection
(b)(5) shall be made available by the
State to the metropolitan planning
organizations responsible for carrying
out section 134 in the State.
``(ii) States receiving minimum
apportionment.--A State that received
the minimum apportionment for use in
carrying out section 134 for fiscal
year 2009 may, subject to the approval
of the Secretary, use the funds
apportioned under subsection (b)(5) to
fund transportation planning outside of
urbanized areas.
``(B) Unused funds.--Any funds that are not
used to carry out section 134 may be made
available by a metropolitan planning
organization to the State to fund activities
under section 135.
``(2) Distribution of amounts within states.--
``(A) In general.--The distribution within
any State of the planning funds made available
to organizations under paragraph (1) shall be
in accordance with a formula that--
``(i) is developed by each State
and approved by the Secretary; and
``(ii) takes into consideration, at
a minimum, population, status of
planning, attainment of air quality
standards, metropolitan area
transportation needs, and other factors
necessary to provide for an appropriate
distribution of funds to carry out
section 134 and other applicable
requirements of Federal law.
``(B) Reimbursement.--Not later than 15
business days after the date of receipt by a
State of a request for reimbursement of
expenditures made by a metropolitan planning
organization for carrying out section 134, the
State shall reimburse, from amounts distributed
under this paragraph to the metropolitan
planning organization by the State, the
metropolitan planning organization for those
expenditures.
``(3) Determination of population figures.--For the
purpose of determining population figures under this
subsection, the Secretary shall use the latest
available data from the decennial census conducted
under section 141(a) of title 13, United States Code.
``(e) Certification of Apportionments.--
``(1) In general.--The Secretary shall--
``(A) on October 1 of each fiscal year,
certify to each of the State transportation
departments the amount that has been
apportioned to the State under this section for
the fiscal year; and
``(B) to permit the States to develop
adequate plans for the use of amounts
apportioned under this section, advise each
State of the amount that will be apportioned to
the State under this section for a fiscal year
not later than 90 days before the beginning of
the fiscal year for which the sums to be
apportioned are authorized.
``(2) Notice to states.--If the Secretary has not
made an apportionment under this section for a fiscal
year beginning after September 30, 1998, by not later
than the date that is the twenty-first day of that
fiscal year, the Secretary shall submit, by not later
than that date, 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 statement of the reason for not
making the apportionment in a timely manner.
``(3) Apportionment calculations.--
``(A) In general.--The calculation of
official apportionments of funds to the States
under this title is a primary responsibility of
the Department and shall be carried out only by
employees (and not contractors) of the
Department.
``(B) Prohibition on use of funds to hire
contractors.--None of the funds made available
under this title shall be used to hire
contractors to calculate the apportionments of
funds to States.
``(f) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds for transit
projects.--
``(A) In general.--Subject to subparagraph
(B), amounts made available for transit
projects or transportation planning under this
title may be transferred to and administered by
the Secretary in accordance with chapter 53 of
title 49.
``(B) Non-federal share.--The provisions of
this title relating to the non-Federal share
shall apply to the amounts transferred under
subparagraph (A).
``(2) Transfer of transit funds for highway
projects.--
``(A) In general.--Subject to subparagraph
(B), amounts made available for highway
projects or transportation planning under
chapter 53 of title 49 may be transferred to
and administered by the Secretary in accordance
with this title.
``(B) Non-federal share.--The provisions of
chapter 53 of title 49 relating to the non-
Federal share shall apply to amounts
transferred under subparagraph (A).
``(3) Transfer of funds among states or to federal
highway administration.--
``(A) In general.--Subject to subparagraph
(B), the Secretary may, at the request of a
State, transfer amounts apportioned or
allocated under this title to the State to
another State, or to the Federal Highway
Administration, for the purpose of funding 1 or
more projects that are eligible for assistance
with amounts so apportioned or allocated.
``(B) Apportionment.--The transfer shall
have no effect on any apportionment of amounts
to a State under this section.
``(C) Funds suballocated to urbanized
areas.--Amounts that are apportioned or
allocated to a State under subsection (b)(3)
(as in effect on the day before the date of
enactment of the MAP-21) or subsection (b)(2)
and attributed to an urbanized area of a State
with a population of more than 200,000
individuals under section 133(d) may be
transferred under this paragraph only if the
metropolitan planning organization designated
for the area concurs, in writing, with the
transfer request.
``(4) Transfer of obligation authority.--Obligation
authority for amounts transferred under this subsection
shall be transferred in the same manner and amount as
the amounts for the projects that are transferred under
this section.
``(g) Report to Congress.--For each fiscal year, the
Secretary shall make available to the public, in a user-
friendly format via the Internet, a report that describes--
``(1) the amount obligated, by each State, for
Federal-aid highways and highway safety construction
programs during the preceding fiscal year;
``(2) the balance, as of the last day of the
preceding fiscal year, of the unobligated apportionment
of each State by fiscal year under this section;
``(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such
highways and programs for the fiscal year; and
``(4) the rates of obligation of funds apportioned
or set aside under this section, according to--
``(A) program;
``(B) funding category of subcategory;
``(C) type of improvement;
``(D) State; and
``(E) sub-State geographical area,
including urbanized and rural areas, on the
basis of the population of each such area.''.
(b) Conforming Amendment.--Section 146(a) of title 23,
United States Code, is amended by striking ``sections 104(b)(l)
and 104(b)(3)'' and inserting ``section 104(b)(2)''.
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
(a) In General.--Section 119 of title 23, United States
Code, is amended to read as follows:
``Sec. 119. National highway performance program
``(a) Establishment.--The Secretary shall establish and
implement a national highway performance program under this
section.
``(b) Purposes.--The purposes of the national highway
performance program shall be--
``(1) to provide support for the condition and
performance of the National Highway System;
``(2) to provide support for the construction of
new facilities on the National Highway System; and
``(3) to ensure that investments of Federal-aid
funds in highway construction are directed to support
progress toward the achievement of performance targets
established in an asset management plan of a State for
the National Highway System.
``(c) Eligible Facilities.--Except as provided in
subsection (d), to be eligible for funding apportioned under
section 104(b)(1) to carry out this section, a facility shall
be located on the National Highway System, as defined in
section 103.
``(d) Eligible Projects.--Funds apportioned to a State to
carry out the national highway performance program may be
obligated only for a project on an eligible facility that is--
``(1)(A) a project or part of a program of projects
supporting progress toward the achievement of national
performance goals for improving infrastructure
condition, safety, mobility, or freight movement on the
National Highway System; and
``(B) consistent with sections 134 and 135; and
``(2) for 1 or more of the following purposes:
``(A) Construction, reconstruction,
resurfacing, restoration, rehabilitation,
preservation, or operational improvement of
segments of the National Highway System.
``(B) Construction, replacement (including
replacement with fill material),
rehabilitation, preservation, and protection
(including scour countermeasures, seismic
retrofits, impact protection measures, security
countermeasures, and protection against extreme
events) of bridges on the National Highway
System.
``(C) Construction, replacement (including
replacement with fill material),
rehabilitation, preservation, and protection
(including impact protection measures, security
countermeasures, and protection against extreme
events) of tunnels on the National Highway
System.
``(D) Inspection and evaluation, as
described in section 144, of bridges and
tunnels on the National Highway System, and
inspection and evaluation of other highway
infrastructure assets on the National Highway
System, including signs and sign structures,
earth retaining walls, and drainage structures.
``(E) Training of bridge and tunnel
inspectors, as described in section 144.
``(F) Construction, rehabilitation, or
replacement of existing ferry boats and ferry
boat facilities, including approaches, that
connect road segments of the National Highway
System.
``(G) Construction, reconstruction,
resurfacing, restoration, rehabilitation, and
preservation of, and operational improvements
for, a Federal-aid highway not on the National
Highway System, and construction of a transit
project eligible for assistance under chapter
53 of title 49, if--
``(i) the highway project or
transit project is in the same corridor
as, and in proximity to, a fully
access-controlled highway designated as
a part of the National Highway System;
``(ii) the construction or
improvements will reduce delays or
produce travel time savings on the
fully access-controlled highway
described in clause (i) and improve
regional traffic flow; and
``(iii) the construction or
improvements are more cost-effective,
as determined by benefit-cost analysis,
than an improvement to the fully
access-controlled highway described in
clause (i).
``(H) Bicycle transportation and pedestrian
walkways in accordance with section 217.
``(I) Highway safety improvements for
segments of the National Highway System.
``(J) Capital and operating costs for
traffic and traveler information monitoring,
management, and control facilities and
programs.
``(K) Development and implementation of a
State asset management plan for the National
Highway System in accordance with this section,
including data collection, maintenance, and
integration and the cost associated with
obtaining, updating, and licensing software and
equipment required for risk-based asset
management and performance-based management.
``(L) Infrastructure-based intelligent
transportation systems capital improvements.
``(M) Environmental restoration and
pollution abatement in accordance with section
328.
``(N) Control of noxious weeds and aquatic
noxious weeds and establishment of native
species in accordance with section 329.
``(O) Environmental mitigation efforts
related to projects funded under this section,
as described in subsection (g).
``(P) Construction of publicly owned
intracity or intercity bus terminals servicing
the National Highway System.
``(e) State Performance Management.--
``(1) In general.--A State shall develop a risk-
based asset management plan for the National Highway
System to improve or preserve the condition of the
assets and the performance of the system.
``(2) Performance driven plan.--A State asset
management plan shall include strategies leading to a
program of projects that would make progress toward
achievement of the State targets for asset condition
and performance of the National Highway System in
accordance with section 150(d) and supporting the
progress toward the achievement of the national goals
identified in section 150(b).
``(3) Scope.--In developing a risk-based asset
management plan, the Secretary shall encourage States
to include all infrastructure assets within the right-
of-way corridor in such plan.
``(4) Plan contents.--A State asset management plan
shall, at a minimum, be in a form that the Secretary
determines to be appropriate and include--
``(A) a summary listing of the pavement and
bridge assets on the National Highway System in
the State, including a description of the
condition of those assets;
``(B) asset management objectives and
measures;
``(C) performance gap identification;
``(D) lifecycle cost and risk management
analysis;
``(E) a financial plan; and
``(F) investment strategies.
``(5) Requirement for plan.--Notwithstanding
section 120, with respect to the second fiscal year
beginning after the date of establishment of the
process established in paragraph (8) or any subsequent
fiscal year, if the Secretary determines that a State
has not developed and implemented a State asset
management plan consistent with this section, the
Federal share payable on account of any project or
activity carried out by the State in that fiscal year
under this section shall be 65 percent.
``(6) Certification of plan development process.--
``(A) In general.--Not later than 90 days
after the date on which a State submits a
request for approval of the process used by the
State to develop the State asset management
plan for the National Highway System, the
Secretary shall--
``(i) review the process; and
``(ii)(I) certify that the process
meets the requirements established by
the Secretary; or
``(II) deny certification and
specify actions necessary for the State
to take to correct deficiencies in the
State process.
``(B) Recertification.--Not less frequently
than once every 4 years, the Secretary shall
review and recertify that the process used by a
State to develop and maintain the State asset
management plan for the National Highway System
meets the requirements for the process, as
established by the Secretary.
``(C) Opportunity to cure.--If the
Secretary denies certification under
subparagraph (A), the Secretary shall provide
the State with--
``(i) not less than 90 days to cure
the deficiencies of the plan, during
which time period all penalties and
other legal impacts of a denial of
certification shall be stayed; and
``(ii) a written statement of the
specific actions the Secretary
determines to be necessary for the
State to cure the plan.
``(7) Performance achievement.--A State that does
not achieve or make significant progress toward
achieving the targets of the State for performance
measures described in section 150(d) for the National
Highway System for 2 consecutive reports submitted
under this paragraph shall include in the next report
submitted a description of the actions the State will
undertake to achieve the targets.
``(8) Process.--Not later than 18 months after the
date of enactment of the MAP-21, the Secretary shall,
by regulation and in consultation with State
departments of transportation, establish the process to
develop the State asset management plan described in
paragraph (1).
``(f) Interstate System and NHS Bridge Conditions.--
``(1) Condition of interstate system.--
``(A) Penalty.--If, during 2 consecutive
reporting periods, the condition of the
Interstate System, excluding bridges on the
Interstate System, in a State falls below the
minimum condition level established by the
Secretary under section 150(c)(3), the State
shall be required, during the following fiscal
year--
``(i) to obligate, from the amounts
apportioned to the State under section
104(b)(1), an amount that is not less
than the amount of funds apportioned to
the State for fiscal year 2009 under
the Interstate maintenance program for
the purposes described in this section
(as in effect on the day before the
date of enactment of the MAP-21),
except that for each year after fiscal
year 2013, the amount required to be
obligated under this clause shall be
increased by 2 percent over the amount
required to be obligated in the
previous fiscal year; and
``(ii) to transfer, from the
amounts apportioned to the State under
section 104(b)(2) (other than amounts
suballocated to metropolitan areas and
other areas of the State under section
133(d)) to the apportionment of the
State under section 104(b)(1), an
amount equal to 10 percent of the
amount of funds apportioned to the
State for fiscal year 2009 under the
Interstate maintenance program for the
purposes described in this section (as
in effect on the day before the date of
enactment of the MAP-21).
``(B) Restoration.--The obligation
requirement for the Interstate System in a
State required by subparagraph (A) for a fiscal
year shall remain in effect for each subsequent
fiscal year until such time as the condition of
the Interstate System in the State exceeds the
minimum condition level established by the
Secretary.
``(2) Condition of nhs bridges.--
``(A) Penalty.--If the Secretary determines
that, for the 3-year-period preceding the date
of the determination, more than 10 percent of
the total deck area of bridges in the State on
the National Highway System is located on
bridges that have been classified as
structurally deficient, an amount equal to 50
percent of funds apportioned to such State for
fiscal year 2009 to carry out section 144 (as
in effect the day before enactment of MAP-21)
shall be set aside from amounts apportioned to
a State for a fiscal year under section
104(b)(1) only for eligible projects on bridges
on the National Highway System.
``(B) Restoration.--The set-aside
requirement for bridges on the National Highway
System in a State under subparagraph (A) for a
fiscal year shall remain in effect for each
subsequent fiscal year until such time as less
than 10 percent of the total deck area of
bridges in the State on the National Highway
System is located on bridges that have been
classified as structurally deficient, as
determined by the Secretary.
``(g) Environmental Mitigation.--
``(1) Eligible activities.--In accordance with all
applicable Federal law (including regulations),
environmental mitigation efforts referred to in
subsection (d)(2)(O) include participation in natural
habitat and wetlands mitigation efforts relating to
projects funded under this title, which may include--
``(A) participation in mitigation banking
or other third-party mitigation arrangements,
such as--
``(i) the purchase of credits from
commercial mitigation banks;
``(ii) the establishment and
management of agency-sponsored
mitigation banks; and
``(iii) the purchase of credits or
establishment of in-lieu fee mitigation
programs;
``(B) contributions to statewide and
regional efforts to conserve, restore, enhance,
and create natural habitats and wetlands; and
``(C) the development of statewide and
regional environmental protection plans,
including natural habitat and wetland
conservation and restoration plans.
``(2) Inclusion of other activities.--The banks,
efforts, and plans described in paragraph (1) include
any such banks, efforts, and plans developed in
accordance with applicable law (including regulations).
``(3) Terms and conditions.--The following terms
and conditions apply to natural habitat and wetlands
mitigation efforts under this subsection:
``(A) Contributions to the mitigation
effort may--
``(i) take place concurrent with,
or in advance of, commitment of funding
under this title to a project or
projects; and
``(ii) occur in advance of project
construction only if the efforts are
consistent with all applicable
requirements of Federal law (including
regulations) and State transportation
planning processes.
``(B) Credits from any agency-sponsored
mitigation bank that are attributable to
funding under this section may be used only for
projects funded under this title, unless the
agency pays to the Secretary an amount equal to
the Federal funds attributable to the
mitigation bank credits the agency uses for
purposes other than mitigation of a project
funded under this title.
``(4) Preference.--At the discretion of the project
sponsor, preference shall be given, to the maximum
extent practicable, to mitigating an environmental
impact through the use of a mitigation bank, in-lieu
fee, or other third-party mitigation arrangement, if
the use of credits from the mitigation bank or in-lieu
fee, or the other third-party mitigation arrangement
for the project, is approved by the applicable Federal
agency.''.
(b) Transition Period.--
(1) In general.--Except as provided in paragraph
(2), until such date as a State has in effect an
approved asset management plan and has established
performance targets as described in sections 119 and
150 of title 23, United States Code, that will
contribute to achieving the national goals for the
condition and performance of the National Highway
System, but not later than 18 months after the date on
which the Secretary promulgates the final regulation
required under section 150(c) of that title, the
Secretary shall approve obligations of funds
apportioned to a State to carry out the national
highway performance program under section 119 of that
title, for projects that otherwise meet the
requirements of that section.
(2) Extension.--The Secretary may extend the
transition period for a State under paragraph (1) if
the Secretary determines that the State has made a good
faith effort to establish an asset management plan and
performance targets referred to in that paragraph.
(c) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 119 and inserting the following:
``119. National highway performance program.''.
SEC. 1107. EMERGENCY RELIEF.
Section 125 of title 23, United States Code, is amended to
read as follows:
``Sec. 125. Emergency relief
``(a) In General.--Subject to this section and section 120,
an emergency fund is authorized for expenditure by the
Secretary for the repair or reconstruction of highways, roads,
and trails, in any area of the United States, including Indian
reservations, that the Secretary finds have suffered serious
damage as a result of--
``(1) a natural disaster over a wide area, such as
by a flood, hurricane, tidal wave, earthquake, severe
storm, or landslide; or
``(2) catastrophic failure from any external cause.
``(b) Restriction on Eligibility.--
``(1) Definition of construction phase.--In this
subsection, the term `construction phase' means the
phase of physical construction of a highway or bridge
facility that is separate from any other identified
phases, such as planning, design, or right-of-way
phases, in the State transportation improvement
program.
``(2) Restriction.--In no case shall funds be used
under this section for the repair or reconstruction of
a bridge--
``(A) 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; or
``(B) if a construction phase of a
replacement structure is included in the
approved Statewide transportation improvement
program at the time of an event described in
subsection (a).
``(c) Funding.--
``(1) In general.--Subject to the limitations
described in paragraph (2), there are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) such sums as are necessary to
establish the fund authorized by this section and to
replenish that fund on an annual basis.
``(2) Limitations.--The limitations referred to in
paragraph (1) are that--
``(A) not more than $100,000,000 is
authorized to be obligated in any 1 fiscal year
commencing after September 30, 1980, to carry
out this section, except that, if for any
fiscal year the total of all obligations under
this section is less than the amount authorized
to be obligated for the fiscal year, the
unobligated balance of that amount shall--
``(i) remain available until
expended; and
``(ii) be in addition to amounts
otherwise available to carry out this
section for each year; and
``(B)(i) pending such appropriation or
replenishment, the Secretary may obligate from
any funds appropriated at any time for
obligation in accordance with this title,
including existing Federal-aid appropriations,
such sums as are necessary for the immediate
prosecution of the work herein authorized; and
``(ii) funds obligated under this
subparagraph shall be reimbursed from the
appropriation or replenishment.
``(d) Eligibility.--
``(1) In general.--The Secretary may expend funds
from the emergency fund authorized by this section only
for the repair or reconstruction of highways on
Federal-aid highways in accordance with this chapter,
except that--
``(A) no funds shall be so expended unless
an emergency has been declared by the Governor
of the State with concurrence by the Secretary,
unless the President has declared the emergency
to be a major disaster for the purposes of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.) for which concurrence of the Secretary is
not required; and
``(B) the Secretary has received an
application from the State transportation
department that includes a comprehensive list
of all eligible project sites and repair costs
by not later than 2 years after the natural
disaster or catastrophic failure.
``(2) Cost limitation.--
``(A) Definition of comparable facility.--
In this paragraph, the term `comparable
facility' means a facility that meets the
current geometric and construction standards
required for the types and volume of traffic
that the facility will carry over its design
life.
``(B) Limitation.--The total cost of a
project funded under this section may not
exceed the cost of repair or reconstruction of
a comparable facility.
``(3) Debris removal.--The costs of debris removal
shall be an eligible expense under this section only
for--
``(A) an event not declared a major
disaster or emergency by the President under
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.); or
``(B) an event declared a major disaster or
emergency by the President under that Act if
the debris removal is not eligible for
assistance under section 403, 407, or 502 of
that Act (42 U.S.C. 5170b, 5173, 5192).
``(4) Territories.--The total obligations for
projects under this section for any fiscal year in the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands shall not
exceed $20,000,000.
``(5) Substitute traffic.--Notwithstanding any
other provision of this section, actual and necessary
costs of maintenance and operation of ferryboats or
additional transit service providing temporary
substitute highway traffic service, less the amount of
fares charged for comparable service, may be expended
from the emergency fund authorized by this section for
Federal-aid highways.
``(e) Tribal Transportation Facilities, Federal Lands
Transportation Facilities, and Public Roads on Federal Lands.--
``(1) Definition of open to public travel.--In this
subsection, the term `open to public travel' means,
with respect to a road, that, except during scheduled
periods, extreme weather conditions, or emergencies,
the road is open to the general public for use with a
standard passenger vehicle, without restrictive gates
or prohibitive signs or regulations, other than for
general traffic control or restrictions based on size,
weight, or class of registration.
``(2) Expenditure of funds.--Notwithstanding
subsection (d)(1), the Secretary may expend funds from
the emergency fund authorized by this section,
independently or in cooperation with any other branch
of the Federal Government, a State agency, a tribal
government, an organization, or a person, for the
repair or reconstruction of tribal transportation
facilities, Federal lands transportation facilities,
and other federally owned roads that are open to public
travel, whether or not those facilities are Federal-aid
highways.
``(3) Reimbursement.--
``(A) In general.--The Secretary may
reimburse Federal and State agencies (including
political subdivisions) for expenditures made
for projects determined eligible under this
section, including expenditures for emergency
repairs made before a determination of
eligibility.
``(B) Transfers.--With respect to
reimbursements described in subparagraph (A)--
``(i) those reimbursements to
Federal agencies and Indian tribal
governments shall be transferred to the
account from which the expenditure was
made, or to a similar account that
remains available for obligation; and
``(ii) the budget authority
associated with the expenditure shall
be restored to the agency from which
the authority was derived and shall be
available for obligation until the end
of the fiscal year following the year
in which the transfer occurs.
``(f) Treatment of Territories.--For purposes of this
section, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands shall be
considered to be States and parts of the United States, and the
chief executive officer of each such territory shall be
considered to be a Governor of a State.
``(g) Protecting Public Safety and Maintaining Roadways.--
The Secretary may use not more than 5 percent of amounts from
the emergency fund authorized by this section to carry out
projects that the Secretary determines are necessary to protect
the public safety or to maintain or protect roadways that are
included within the scope of an emergency declaration by the
Governor of the State or by the President, in accordance with
this section, and the Governor deems to be an ongoing concern
in order to maintain vehicular traffic on the roadway.''.
SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) Eligible Projects.--Section 133(b) of title 23, United
States Code, is amended--
(1) in the matter preceding paragraph (1) by
striking ``section 104(b)(3)'' and inserting ``section
104(b)(2)'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) through (15) as
paragraphs (5) through (18), respectively;
(4) by inserting before paragraph (5) (as so
redesignated) the following:
``(1) Construction, reconstruction, rehabilitation,
resurfacing, restoration, preservation, or operational
improvements for highways, including construction of
designated routes of the Appalachian development
highway system and local access roads under section
14501 of title 40.
``(2) Replacement (including replacement with fill
material), rehabilitation, preservation, protection
(including painting, scour countermeasures, seismic
retrofits, impact protection measures, security
countermeasures, and protection against extreme events)
and application of calcium magnesium acetate, sodium
acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and deicing compositions
for bridges (and approaches to bridges and other
elevated structures) and tunnels on public roads of all
functional classifications, including any such
construction or reconstruction necessary to accommodate
other transportation modes.
``(3) Construction of a new bridge or tunnel at a
new location on a Federal-aid highway.
``(4) Inspection and evaluation of bridges and
tunnels and training of bridge and tunnel inspectors
(as defined in section 144), and inspection and
evaluation of other highway assets (including signs,
retaining walls, and drainage structures).'';
(5) by striking paragraph (6) (as so redesignated)
and inserting the following:
``(6) Carpool projects, fringe and corridor parking
facilities and programs, including electric vehicle and
natural gas vehicle infrastructure in accordance with
section 137, bicycle transportation and pedestrian
walkways in accordance with section 217, and the
modifications of public sidewalks to comply with the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).'';
(6) by striking paragraph (7) (as so redesignated)
and inserting the following:
``(7) Highway and transit safety infrastructure
improvements and programs, installation of safety
barriers and nets on bridges, hazard eliminations,
projects to mitigate hazards caused by wildlife, and
railway-highway grade crossings.'';
(7) in paragraph (11) (as so redesignated) by
striking ``enhancement activities'' and inserting
``alternatives'';
(8) by striking paragraph (14) (as so redesignated)
and inserting the following:
``(14) Environmental mitigation efforts relating to
projects funded under this title in the same manner and
to the same extent as such activities are eligible
under section 119(g).''; and
(9) by inserting after paragraph (18) (as so
redesignated) the following:
``(19) Projects and strategies designed to support
congestion pricing, including electric toll collection
and travel demand management strategies and programs.
``(20) Recreational trails projects eligible for
funding under section 206.
``(21) Construction of ferry boats and ferry
terminal facilities eligible for funding under section
129(c).
``(22) Border infrastructure projects eligible for
funding under section 1303 of the SAFETEA-LU (23 U.S.C.
101 note; Public Law 109-59).
``(23) Truck parking facilities eligible for
funding under section 1401 of the MAP-21.
``(24) Development and implementation of a State
asset management plan for the National Highway System
in accordance with section 119, including data
collection, maintenance, and integration and the costs
associated with obtaining, updating, and licensing
software and equipment required for risk based asset
management and performance based management, and for
similar activities related to the development and
implementation of a performance based management
program for other public roads.
``(25) A project that, if located within the
boundaries of a port terminal, includes only such
surface transportation infrastructure modifications as
are necessary to facilitate direct intermodal
interchange, transfer, and access into and out of the
port.
``(26) Construction and operational improvements
for any minor collector if--
``(A) the minor collector, and the project
to be carried out with respect to the minor
collector, are in the same corridor as, and in
proximity to, a Federal-aid highway designated
as part of the National Highway System;
``(B) the construction or improvements will
enhance the level of service on the Federal-aid
highway described in subparagraph (A) and
improve regional traffic flow; and
``(C) the construction or improvements are
more cost-effective, as determined by a
benefit-cost analysis, than an improvement to
the Federal-aid highway described in
subparagraph (A).''.
(b) Location of Projects.--Section 133 of title 23, United
States Code, is amended by striking subsection (c) and
inserting the following:
``(c) Location of Projects.--Surface transportation program
projects may not be undertaken on roads functionally classified
as local or rural minor collectors unless the roads were on a
Federal-aid highway system on January 1, 1991, except--
``(1) as provided in subsection (g);
``(2) for projects described in paragraphs (2),
(4), (6), (7), (11), (20), (25), and (26) of subsection
(b); and
``(3) as approved by the Secretary.''.
(c) Allocation of Apportioned Funds.--Section 133 of the
title 23, United States Code, is amended by striking subsection
(d) and inserting the following:
``(d) Allocations of Apportioned Funds to Areas Based on
Population.--
``(1) Calculation.--Of the funds apportioned to a
State under section 104(b)(2)--
``(A) 50 percent for a fiscal year shall be
obligated under this section, in proportion to
their relative shares of the population of the
State--
``(i) in urbanized areas of the
State with an urbanized area population
of over 200,000;
``(ii) in areas of the State other
than urban areas with a population
greater than 5,000; and
``(iii) in other areas of the
State; and
``(B) 50 percent may be obligated in any
area of the State.
``(2) Metropolitan areas.--Funds attributed to an
urbanized area under paragraph (1)(A)(i) may be
obligated in the metropolitan area established under
section 134 that encompasses the urbanized area.
``(3) Consultation with regional transportation
planning organizations.--For purposes of paragraph
(1)(A)(ii), before obligating funding attributed to an
area with a population greater than 5,000 and less than
200,000, a State shall consult with the regional
transportation planning organizations that represent
the area, if any.
``(4) Distribution among urbanized areas of over
200,000 population.--
``(A) In general.--Except as provided in
subparagraph (B), the amount of funds that a
State is required to obligate under paragraph
(1)(A)(i) shall be obligated in urbanized areas
described in paragraph (1)(A)(i) based on the
relative population of the areas.
``(B) Other factors.--The State may
obligate the funds described in subparagraph
(A) based on other factors if the State and the
relevant metropolitan planning organizations
jointly apply to the Secretary for the
permission to base the obligation on other
factors and the Secretary grants the request.
``(5) Applicability of planning requirements.--
Programming and expenditure of funds for projects under
this section shall be consistent with sections 134 and
135.''.
(d) Administration.--Section 133 of title 23, United States
Code, is amended by striking subsection (e) and inserting the
following:
``(e) Administration.--
``(1) Submission of project agreement.--For each
fiscal year, each State shall submit a project
agreement that--
``(A) certifies that the State will meet
all the requirements of this section; and
``(B) notifies the Secretary of the amount
of obligations needed to carry out the program
under this section.
``(2) Request for adjustments of amounts.--Each
State shall request from the Secretary such adjustments
to the amount of obligations referred to in paragraph
(1)(B) as the State determines to be necessary.
``(3) Effect of approval by the secretary.--
Approval by the Secretary of a project agreement under
paragraph (1) shall be deemed a contractual obligation
of the United States to pay surface transportation
program funds made available under this title.''.
(e) Obligation Authority.--Section 133(f)(1) of title 23,
United States Code, is amended by striking ``2004 through 2006
and the period of fiscal years 2007 through 2009'' and
inserting ``2011 through 2014''.
(f) Bridges Not on Federal-aid Highways.--Section 133 of
the title 23, United States Code, is amended by adding at the
end the following:
``(g) Bridges Not on Federal-aid Highways.--
``(1) Definition of off-system bridge.--In this
subsection, the term `off-system bridge' means a
highway bridge located on a public road, other than a
bridge on a Federal-aid highway.
``(2) Special rule.--
``(A) Set-aside.--Of the amounts
apportioned to a State for fiscal year 2013 and
each fiscal year thereafter under this section,
the State shall obligate for activities
described in subsection (b)(2) for off-system
bridges an amount that is not less than 15
percent of the amount of funds apportioned to
the State for the highway bridge program for
fiscal year 2009, except that amounts allocated
under subsection (d) shall not be obligated to
carry out this subsection.
``(B) Reduction of expenditures.--The
Secretary, after consultation with State and
local officials, may reduce the requirement for
expenditures for off-system bridges under
subparagraph (A) with respect to the State if
the Secretary determines that the State has
inadequate needs to justify the expenditure.
``(3) Credit for bridges not on federal-aid
highways.--Notwithstanding any other provision of law,
with respect to any project not on a Federal-aid
highway for the replacement of a bridge or
rehabilitation of a bridge that is wholly funded from
State and local sources, is eligible for Federal funds
under this section, is noncontroversial, is certified
by the State to have been carried out in accordance
with all standards applicable to such projects under
this section, and is determined by the Secretary upon
completion to be no longer a deficient bridge--
``(A) any amount expended after the date of
enactment of this subsection from State and
local sources for the project in excess of 20
percent of the cost of construction of the
project may be credited to the non-Federal
share of the cost of other bridge projects in
the State that are eligible for Federal funds
under this section; and
``(B) that crediting shall be conducted in
accordance with procedures established by the
Secretary.
``(h) Special Rule for Areas of Less Than 5,000
Population.--
``(1) Special rule.--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 subsection (d)(1)(A)(iii) for each of
fiscal years 2013 through 2014 may be obligated on
roads functionally classified as minor collectors.
``(2) Suspension.--The Secretary may suspend the
application of paragraph (1) with respect to a State if
the Secretary determines that the authority provided
under paragraph (1) is being used excessively by the
State.''.
SEC. 1109. WORKFORCE DEVELOPMENT.
(a) On-the-job Training.--Section 140(b) of title 23,
United States Code, is amended--
(1) in the second sentence, by striking ``Whenever
apportionments are made under section 104(b)(3) of this
title,'' and inserting ``From administrative funds made
available under section 104(a),''; and
(2) in the fourth sentence, by striking ``and the
bridge program under section 144''.
(b) Disadvantaged Business Enterprise.--Section 140(c) of
title 23, United States Code, is amended in the second sentence
by striking ``Whenever apportionments are made under section
104(b)(3),'' and inserting ``From administrative funds made
available under section 104(a),''.
SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.
Section 143 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (2) and inserting
the following:
``(2) Funding.--
``(A) In general.--From administrative
funds made available under section 104(a), the
Secretary shall deduct such sums as are
necessary, not to exceed $10,000,000 for each
of fiscal years 2013 and 2014, to carry out
this section.
``(B) Allocation of funds.--Funds made
available to carry out this section may be
allocated to the Internal Revenue Service and
the States at the discretion of the Secretary,
except that of funds so made available for each
fiscal year, $2,000,000 shall be available only
to carry out intergovernmental enforcement
efforts, including research and training.'';
and
(B) in paragraph (8) by striking ``section
104(b)(3)'' and inserting ``section
104(b)(2)''; and
(2) in subsection (c)(3) by striking ``for each of
fiscal years 2005 through 2009,'' and inserting ``for
each fiscal year,''.
SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY AND INSPECTION
STANDARDS.
(a) In General.--Section 144 of title 23, United States
Code, is amended to read as follows:
``Sec. 144. National bridge and tunnel inventory and inspection
standards
``(a) Findings and Declarations.--
``(1) Findings.--Congress finds that--
``(A) the condition of the bridges of the
United States has improved since the date of
enactment of the Transportation Equity Act for
the 21st Century (Public Law 105-178; 112 Stat.
107), yet continued improvement to bridge
conditions is essential to protect the safety
of the traveling public and allow for the
efficient movement of people and goods on which
the economy of the United States relies; and
``(B) the systematic preventative
maintenance of bridges, and replacement and
rehabilitation of deficient bridges, should be
undertaken through an overall asset management
approach to transportation investment.
``(2) Declarations.--Congress declares that it is
in the vital interest of the United States--
``(A) to inventory, inspect, and improve
the condition of the highway bridges and
tunnels of the United States;
``(B) to use a data-driven, risk-based
approach and cost-effective strategy for
systematic preventative maintenance,
replacement, and rehabilitation of highway
bridges and tunnels to ensure safety and
extended service life;
``(C) to use performance-based bridge
management systems to assist States in making
timely investments;
``(D) to ensure accountability and link
performance outcomes to investment decisions;
and
``(E) to ensure connectivity and access for
residents of rural areas of the United States
through strategic investments in National
Highway System bridges and bridges on all
public roads.
``(b) National Bridge and Tunnel Inventories.--The
Secretary, in consultation with the States and Federal agencies
with jurisdiction over highway bridges and tunnels, shall--
``(1) inventory all highway bridges on public
roads, on and off Federal-aid highways, including
tribally owned and Federally owned bridges, that are
bridges over waterways, other topographical barriers,
other highways, and railroads;
``(2) inventory all tunnels on public roads, on and
off Federal-aid highways, including tribally owned and
Federally owned tunnels;
``(3) classify the bridges according to
serviceability, safety, and essentiality for public
use, including the potential impacts to emergency
evacuation routes and to regional and national freight
and passenger mobility if the serviceability of the
bridge is restricted or diminished;
``(4) based on that classification, assign each a
risk-based priority for systematic preventative
maintenance, replacement, or rehabilitation; and
``(5) determine the cost of replacing each
structurally deficient bridge identified under this
subsection with a comparable facility or the cost of
rehabilitating the bridge.
``(c) General Bridge Authority.--
``(1) In general.--Except as provided in paragraph
(2) and notwithstanding any other provision of law, the
General Bridge Act of 1946 (33 U.S.C. 525 et seq.)
shall apply to bridges authorized to be replaced, in
whole or in part, by this title.
``(2) Exception.--Section 502(b) of the General
Bridge Act of 1946 (33 U.S.C. 525(b)) and section 9 of
the Act of March 3, 1899 (33 U.S.C. 401), shall not
apply to any bridge constructed, reconstructed,
rehabilitated, or replaced with assistance under this
title, if the bridge is over waters that--
``(A) are not used and are not susceptible
to use in the natural condition of the bridge
or by reasonable improvement as a means to
transport interstate or foreign commerce; and
``(B) are--
``(i) not tidal; or
``(ii) if tidal, used only by
recreational boating, fishing, and
other small vessels that are less than
21 feet in length.
``(d) Inventory Updates and Reports.--
``(1) In general.--The Secretary shall--
``(A) annually revise the inventories
authorized by subsection (b); 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 on the inventories.
``(2) Inspection report.--Not later than 2 years
after the date of enactment of the MAP-21, each State
and appropriate Federal agency shall report element
level data to the Secretary, as each bridge is
inspected pursuant to this section, for all highway
bridges on the National Highway System.
``(3) Guidance.--The Secretary shall provide
guidance to States and Federal agencies for
implementation of this subsection, while respecting the
existing inspection schedule of each State.
``(4) Bridges not on national highway system.--The
Secretary shall--
``(A) conduct a study on the benefits,
cost-effectiveness, and feasibility of
requiring element-level data collection for
bridges not on the National Highway System; 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 on the results of the study.
``(e) Bridges Without Taxing Powers.--
``(1) In general.--Notwithstanding any other
provision of law, any bridge that is owned and operated
by an agency that does not have taxing powers and whose
functions include operating a federally assisted public
transit system subsidized by toll revenues shall be
eligible for assistance under this title, but the
amount of such assistance shall in no event exceed the
cumulative amount which such agency has expended for
capital and operating costs to subsidize such transit
system.
``(2) Insufficient assets.--Before authorizing an
expenditure of funds under this subsection, the
Secretary shall determine that the applicant agency has
insufficient reserves, surpluses, and projected
revenues (over and above those required for bridge and
transit capital and operating costs) to fund the bridge
project or activity eligible for assistance under this
title.
``(3) Crediting of non-federal funds.--Any non-
Federal funds expended for the seismic retrofit of the
bridge may be credited toward the non-Federal share
required as a condition of receipt of any Federal funds
for seismic retrofit of the bridge made available after
the date of the expenditure.
``(f) Replacement of Destroyed Bridges and Ferry Boat
Service.--
``(1) In general.--Notwithstanding any other
provision of law, a State may use the funds apportioned
under section 104(b)(2) to construct any bridge that
replaces--
``(A) any low water crossing (regardless of
the length of the low water crossing);
``(B) any bridge that was destroyed prior
to January 1, 1965;
``(C) any ferry that was in existence on
January 1, 1984; or
``(D) any road bridge that is rendered
obsolete as a result of a Corps of Engineers
flood control or channelization project and is
not rebuilt with funds from the Corps of
Engineers.
``(2) Federal share.--The Federal share payable on
any bridge construction carried out under paragraph (1)
shall be 80 percent of the cost of the construction.
``(g) Historic Bridges.--
``(1) Definition of historic bridge.--In this
subsection, the term `historic bridge' means any bridge
that is listed on, or eligible for listing on, the
National Register of Historic Places.
``(2) Coordination.--The Secretary shall, in
cooperation with the States, encourage the retention,
rehabilitation, adaptive reuse, and future study of
historic bridges.
``(3) State inventory.--The Secretary shall require
each State to complete an inventory of all bridges on
and off Federal-aid highways to determine the historic
significance of the bridges.
``(4) Eligibility.--
``(A) In general.--Subject to subparagraph
(B), reasonable costs associated with actions
to preserve, or reduce the impact of a project
under this chapter on, the historic integrity
of a historic bridge shall be eligible as
reimbursable project costs under section 133 if
the load capacity and safety features of the
historic bridge are adequate to serve the
intended use for the life of the historic
bridge.
``(B) Bridges not used for vehicle
traffic.--In the case of a historic bridge that
is no longer used for motorized vehicular
traffic, the costs eligible as reimbursable
project costs pursuant to this chapter shall
not exceed the estimated cost of demolition of
the historic bridge.
``(5) Preservation.--Any State that proposes to
demolish a historic bridge for a replacement project
with funds made available to carry out this section
shall first make the historic bridge available for
donation to a State, locality, or responsible private
entity if the State, locality, or responsible entity
enters into an agreement--
``(A) to maintain the bridge and the
features that give the historic bridge its
historic significance; and
``(B) to assume all future legal and
financial responsibility for the historic
bridge, which may include an agreement to hold
the State transportation department harmless in
any liability action.
``(6) Costs incurred.--
``(A) In general.--Costs incurred by the
State to preserve a historic bridge (including
funds made available to the State, locality, or
private entity to enable it to accept the
bridge) shall be eligible as reimbursable
project costs under this chapter in an amount
not to exceed the cost of demolition.
``(B) Additional funding.--Any bridge
preserved pursuant to this paragraph shall not
be eligible for any other funds authorized
pursuant to this title.
``(h) National Bridge and Tunnel Inspection Standards.--
``(1) Requirement.--
``(A) In general.--The Secretary shall
establish and maintain inspection standards for
the proper inspection and evaluation of all
highway bridges and tunnels for safety and
serviceability.
``(B) Uniformity.--The standards under this
subsection shall be designed to ensure
uniformity of the inspections and evaluations.
``(2) Minimum requirements of inspection
standards.--The standards established under paragraph
(1) shall, at a minimum--
``(A) specify, in detail, the method by
which the inspections shall be carried out by
the States, Federal agencies, and tribal
governments;
``(B) establish the maximum time period
between inspections;
``(C) establish the qualifications for
those charged with carrying out the
inspections;
``(D) require each State, Federal agency,
and tribal government to maintain and make
available to the Secretary on request--
``(i) written reports on the
results of highway bridge and tunnel
inspections and notations of any action
taken pursuant to the findings of the
inspections; and
``(ii) current inventory data for
all highway bridges and tunnels
reflecting the findings of the most
recent highway bridge and tunnel
inspections conducted; and
``(E) establish a procedure for national
certification of highway bridge inspectors and
tunnel inspectors.
``(3) State compliance with inspection standards.--
The Secretary shall, at a minimum--
``(A) establish, in consultation with the
States, Federal agencies, and interested and
knowledgeable private organizations and
individuals, procedures to conduct reviews of
State compliance with--
``(i) the standards established
under this subsection; and
``(ii) the calculation or
reevaluation of bridge load ratings;
and
``(B) establish, in consultation with the
States, Federal agencies, and interested and
knowledgeable private organizations and
individuals, procedures for States to follow in
reporting to the Secretary--
``(i) critical findings relating to
structural or safety-related
deficiencies of highway bridges and
tunnels; and
``(ii) monitoring activities and
corrective actions taken in response to
a critical finding described in clause
(i).
``(4) Reviews of state compliance.--
``(A) In general.--The Secretary shall
annually review State compliance with the
standards established under this section.
``(B) Noncompliance.--If an annual review
in accordance with subparagraph (A) identifies
noncompliance by a State, the Secretary shall--
``(i) issue a report detailing the
issues of the noncompliance by December
31 of the calendar year in which the
review was made; and
``(ii) provide the State an
opportunity to address the
noncompliance by--
``(I) developing a
corrective action plan to
remedy the noncompliance; or
``(II) resolving the issues
of noncompliance not later than
45 days after the date of
notification.
``(5) Penalty for noncompliance.--
``(A) In general.--If a State fails to
satisfy the requirements of paragraph (4)(B) by
August 1 of the calendar year following the
year of a finding of noncompliance, the
Secretary shall, on October 1 of that year, and
each year thereafter as may be necessary,
require the State to dedicate funds apportioned
to the State under sections 119 and 133 after
the date of enactment of the MAP-21 to correct
the noncompliance with the minimum inspection
standards established under this subsection.
``(B) Amount.--The amount of the funds to
be directed to correcting noncompliance in
accordance with subparagraph (A) shall--
``(i) be determined by the State
based on an analysis of the actions
needed to address the noncompliance;
and
``(ii) require approval by the
Secretary.
``(6) Update of standards.--Not later than 3 years
after the date of enactment of the MAP-21, the
Secretary shall update inspection standards to cover--
``(A) the methodology, training, and
qualifications for inspectors; and
``(B) the frequency of inspection.
``(7) Risk-based approach.--In carrying out the
revisions required by paragraph (6), the Secretary
shall consider a risk-based approach to determining the
frequency of bridge inspections.
``(i) Training Program for Bridge and Tunnel Inspectors.--
``(1) In general.--The Secretary, in cooperation
with the State transportation departments, shall
maintain a program designed to train appropriate
personnel to carry out highway bridge and tunnel
inspections.
``(2) Revisions.--The training program shall be
revised from time to time to take into account new and
improved techniques.
``(j) Availability of Funds.--In carrying out this
section--
``(1) the Secretary may use funds made available to
the Secretary under sections 104(a) and 503;
``(2) a State may use amounts apportioned to the
State under section 104(b)(1) and 104(b)(3);
``(3) an Indian tribe may use funds made available
to the Indian tribe under section 202; and
``(4) a Federal agency may use funds made available
to the agency under section 503.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 144 and inserting the following:
``144. National bridge and tunnel inventory and inspection standards.''.
SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) In General.--Section 148 of title 23, United States
Code, is amended to read as follows:
``Sec. 148. Highway safety improvement program
``(a) Definitions.--In this section, the following
definitions apply:
``(1) High risk rural road.--The term `high risk
rural road' means any roadway functionally classified
as a rural major or minor collector or a rural local
road with significant safety risks, as defined by a
State in accordance with an updated State strategic
highway safety plan.
``(2) Highway basemap.--The term `highway basemap'
means a representation of all public roads that can be
used to geolocate attribute data on a roadway.
``(3) Highway safety improvement program.--The term
`highway safety improvement program' means projects,
activities, plans, and reports carried out under this
section.
``(4) Highway safety improvement project.--
``(A) In general.--The term `highway safety
improvement project' means strategies,
activities, and projects on a public road that
are consistent with a State strategic highway
safety plan and--
``(i) correct or improve a
hazardous road location or feature; or
``(ii) address a highway safety
problem.
``(B) Inclusions.--The term `highway safety
improvement project' includes, but is not
limited to, a project for 1 or more of the
following:
``(i) An intersection safety
improvement.
``(ii) Pavement and shoulder
widening (including addition of a
passing lane to remedy an unsafe
condition).
``(iii) Installation of rumble
strips or another warning device, if
the rumble strips or other warning
devices do not adversely affect the
safety or mobility of bicyclists and
pedestrians, including persons with
disabilities.
``(iv) Installation of a skid-
resistant surface at an intersection or
other location with a high frequency of
crashes.
``(v) An improvement for pedestrian
or bicyclist safety or safety of
persons with disabilities.
``(vi) Construction and improvement
of a railway-highway grade crossing
safety feature, including installation
of protective devices.
``(vii) The conduct of a model
traffic enforcement activity at a
railway-highway crossing.
``(viii) Construction of a traffic
calming feature.
``(ix) Elimination of a roadside
hazard.
``(x) Installation, replacement,
and other improvement of highway
signage and pavement markings, or a
project to maintain minimum levels of
retroreflectivity, that addresses a
highway safety problem consistent with
a State strategic highway safety plan.
``(xi) Installation of a priority
control system for emergency vehicles
at signalized intersections.
``(xii) Installation of a traffic
control or other warning device at a
location with high crash potential.
``(xiii) Transportation safety
planning.
``(xiv) Collection, analysis, and
improvement of safety data.
``(xv) Planning integrated
interoperable emergency communications
equipment, operational activities, or
traffic enforcement activities
(including police assistance) relating
to work zone safety.
``(xvi) Installation of guardrails,
barriers (including barriers between
construction work zones and traffic
lanes for the safety of road users and
workers), and crash attenuators.
``(xvii) The addition or
retrofitting of structures or other
measures to eliminate or reduce crashes
involving vehicles and wildlife.
``(xviii) Installation of yellow-
green signs and signals at pedestrian
and bicycle crossings and in school
zones.
``(xix) Construction and
operational improvements on high risk
rural roads.
``(xx) Geometric improvements to a
road for safety purposes that improve
safety.
``(xxi) A road safety audit.
``(xxii) Roadway safety
infrastructure improvements consistent
with the recommendations included in
the publication of the Federal Highway
Administration entitled `Highway Design
Handbook for Older Drivers and
Pedestrians' (FHWA-RD-01-103), dated
May 2001 or as subsequently revised and
updated.
``(xxiii) Truck parking facilities
eligible for funding under section 1401
of the MAP-21.
``(xxiv) Systemic safety
improvements.
``(5) Model inventory of roadway elements.--The
term `model inventory of roadway elements' means the
listing and standardized coding by the Federal Highway
Administration of roadway and traffic data elements
critical to safety management, analysis, and
decisionmaking.
``(6) Project to maintain minimum levels of
retroreflectivity.--The term `project to maintain
minimum levels of retroreflectivity' means a project
that is designed to maintain a highway sign or pavement
marking retroreflectivity at or above the minimum
levels prescribed in Federal or State regulations.
``(7) Road safety audit.--The term `road safety
audit' means a formal safety performance examination of
an existing or future road or intersection by an
independent multidisciplinary audit team.
``(8) Road users.--The term `road user' means a
motorist, passenger, public transportation operator or
user, truck driver, bicyclist, motorcyclist, or
pedestrian, including a person with disabilities.
``(9) Safety data.--
``(A) In general.--The term `safety data'
means crash, roadway, and traffic data on a
public road.
``(B) Inclusion.--The term `safety data'
includes, in the case of a railway-highway
grade crossing, the characteristics of highway
and train traffic, licensing, and vehicle data.
``(10) Safety project under any other section.--
``(A) In general.--The term `safety project
under any other section' means a project
carried out for the purpose of safety under any
other section of this title.
``(B) Inclusion.--The term `safety project
under any other section' includes--
``(i) a project consistent with the
State strategic highway safety plan
that promotes the awareness of the
public and educates the public
concerning highway safety matters
(including motorcycle safety);
``(ii) a project to enforce highway
safety laws; and
``(iii) a project to provide
infrastructure and infrastructure-
related equipment to support emergency
services.
``(11) State highway safety improvement program.--
The term `State highway safety improvement program'
means a program of highway safety improvement projects,
activities, plans and reports carried out as part of
the Statewide transportation improvement program under
section 135(g).
``(12) State strategic highway safety plan.--The
term `State strategic highway safety plan' means a
comprehensive plan, based on safety data, developed by
a State transportation department that--
``(A) is developed after consultation
with--
``(i) a highway safety
representative of the Governor of the
State;
``(ii) regional transportation
planning organizations and metropolitan
planning organizations, if any;
``(iii) representatives of major
modes of transportation;
``(iv) State and local traffic
enforcement officials;
``(v) a highway-rail grade crossing
safety representative of the Governor
of the State;
``(vi) representatives conducting a
motor carrier safety program under
section 31102, 31106, or 31309 of title
49;
``(vii) motor vehicle
administration agencies;
``(viii) county transportation
officials;
``(ix) State representatives of
nonmotorized users; and
``(x) other major Federal, State,
tribal, and local safety stakeholders;
``(B) analyzes and makes effective use of
State, regional, local, or tribal safety data;
``(C) addresses engineering, management,
operation, education, enforcement, and
emergency services elements (including
integrated, interoperable emergency
communications) of highway safety as key
factors in evaluating highway projects;
``(D) considers safety needs of, and high-
fatality segments of, all public roads,
including non-State-owned public roads and
roads on tribal land;
``(E) considers the results of State,
regional, or local transportation and highway
safety planning processes;
``(F) describes a program of strategies to
reduce or eliminate safety hazards;
``(G) is approved by the Governor of the
State or a responsible State agency;
``(H) is consistent with section 135(g);
and
``(I) is updated and submitted to the
Secretary for approval as required under
subsection (d)(2).
``(13) Systemic safety improvement.--The term
`systemic safety improvement' means an improvement that
is widely implemented based on high-risk roadway
features that are correlated with particular crash
types, rather than crash frequency.
``(b) Program.--
``(1) In general.--The Secretary shall carry out a
highway safety improvement program.
``(2) Purpose.--The purpose of the highway safety
improvement program shall be to achieve a significant
reduction in traffic fatalities and serious injuries on
all public roads, including non-State-owned public
roads and roads on tribal land.
``(c) Eligibility.--
``(1) In general.--To obligate funds apportioned
under section 104(b)(3) to carry out this section, a
State shall have in effect a State highway safety
improvement program under which the State--
``(A) develops, implements, and updates a
State strategic highway safety plan that
identifies and analyzes highway safety problems
and opportunities as provided in subsections
(a)(12) and (d);
``(B) produces a program of projects or
strategies to reduce identified safety
problems; and
``(C) evaluates the strategic highway
safety plan on a regularly recurring basis in
accordance with subsection (d)(1) to ensure the
accuracy of the data and priority of proposed
strategies.
``(2) Identification and analysis of highway safety
problems and opportunities.--As part of the State
highway safety improvement program, a State shall--
``(A) have in place a safety data system
with the ability to perform safety problem
identification and countermeasure analysis--
``(i) to improve the timeliness,
accuracy, completeness, uniformity,
integration, and accessibility of the
safety data on all public roads,
including non-State-owned public roads
and roads on tribal land in the State;
``(ii) to evaluate the
effectiveness of data improvement
efforts;
``(iii) to link State data systems,
including traffic records, with other
data systems within the State;
``(iv) to improve the compatibility
and interoperability of safety data
with other State transportation-related
data systems and the compatibility and
interoperability of State safety data
systems with data systems of other
States and national data systems;
``(v) to enhance the ability of the
Secretary to observe and analyze
national trends in crash occurrences,
rates, outcomes, and circumstances; and
``(vi) to improve the collection of
data on nonmotorized crashes;
``(B) based on the analysis required by
subparagraph (A)--
``(i) identify hazardous locations,
sections, and elements (including
roadside obstacles, railway-highway
crossing needs, and unmarked or poorly
marked roads) that constitute a danger
to motorists (including motorcyclists),
bicyclists, pedestrians, and other
highway users;
``(ii) using such criteria as the
State determines to be appropriate,
establish the relative severity of
those locations, in terms of crashes
(including crash rates), fatalities,
serious injuries, traffic volume
levels, and other relevant data;
``(iii) identify the number of
fatalities and serious injuries on all
public roads by location in the State;
``(iv) identify highway safety
improvement projects on the basis of
crash experience, crash potential,
crash rate, or other data-supported
means; and
``(v) consider which projects
maximize opportunities to advance
safety;
``(C) adopt strategic and performance-based
goals that--
``(i) address traffic safety,
including behavioral and infrastructure
problems and opportunities on all
public roads;
``(ii) focus resources on areas of
greatest need; and
``(iii) are coordinated with other
State highway safety programs;
``(D) advance the capabilities of the State
for safety data collection, analysis, and
integration in a manner that--
``(i) complements the State highway
safety program under chapter 4 and the
commercial vehicle safety plan under
section 31102 of title 49;
``(ii) includes all public roads,
including public non-State-owned roads
and roads on tribal land;
``(iii) identifies hazardous
locations, sections, and elements on
all public roads that constitute a
danger to motorists (including
motorcyclists), bicyclists,
pedestrians, persons with disabilities,
and other highway users;
``(iv) includes a means of
identifying the relative severity of
hazardous locations described in clause
(iii) in terms of crashes (including
crash rate), serious injuries,
fatalities, and traffic volume levels;
and
``(v) improves the ability of the
State to identify the number of
fatalities and serious injuries on all
public roads in the State with a
breakdown by functional classification
and ownership in the State;
``(E)(i) determine priorities for the
correction of hazardous road locations,
sections, and elements (including railway-
highway crossing improvements), as identified
through safety data analysis;
``(ii) identify opportunities for
preventing the development of such hazardous
conditions; and
``(iii) establish and implement a schedule
of highway safety improvement projects for
hazard correction and hazard prevention; and
``(F)(i) establish an evaluation process to
analyze and assess results achieved by highway
safety improvement projects carried out in
accordance with procedures and criteria
established by this section; and
``(ii) use the information obtained under
clause (i) in setting priorities for highway
safety improvement projects.
``(d) Updates to Strategic Highway Safety Plans.--
``(1) Establishment of requirements.--
``(A) In general.--Not later than 1 year
after the date of enactment of the MAP-21, the
Secretary shall establish requirements for
regularly recurring State updates of strategic
highway safety plans.
``(B) Contents of updated strategic highway
safety plans.--In establishing requirements
under this subsection, the Secretary shall
ensure that States take into consideration,
with respect to updated strategic highway
safety plans--
``(i) the findings of road safety
audits;
``(ii) the locations of fatalities
and serious injuries;
``(iii) the locations that do not
have an empirical history of fatalities
and serious injuries, but possess risk
factors for potential crashes;
``(iv) rural roads, including all
public roads, commensurate with
fatality data;
``(v) motor vehicle crashes that
include fatalities or serious injuries
to pedestrians and bicyclists;
``(vi) the cost-effectiveness of
improvements;
``(vii) improvements to rail-
highway grade crossings; and
``(viii) safety on all public
roads, including non-State-owned public
roads and roads on tribal land.
``(2) Approval of updated strategic highway safety
plans.--
``(A) In general.--Each State shall--
``(i) update the strategic highway
safety plans of the State in accordance
with the requirements established by
the Secretary under this subsection;
and
``(ii) submit the updated plans to
the Secretary, along with a detailed
description of the process used to
update the plan.
``(B) Requirements for approval.--The
Secretary shall not approve the process for an
updated strategic highway safety plan unless--
``(i) the updated strategic highway
safety plan is consistent with the
requirements of this subsection and
subsection (a)(12); and
``(ii) the process used is
consistent with the requirements of
this subsection.
``(3) Penalty for failure to have an approved
updated strategic highway safety plan.--If a State does
not have an updated strategic highway safety plan with
a process approved by the Secretary by August 1 of the
fiscal year beginning after the date of establishment
of the requirements under paragraph (1), the State
shall not be eligible to receive any additional
limitation pursuant to the redistribution of the
limitation on obligations for Federal-aid highway and
highway safety construction programs that occurs after
August 1 for each succeeding fiscal year until the
fiscal year during which the plan is approved.
``(e) Eligible Projects.--
``(1) In general.--Funds apportioned to the State
under section 104(b)(3) may be obligated to carry out--
``(A) any highway safety improvement
project on any public road or publicly owned
bicycle or pedestrian pathway or trail;
``(B) as provided in subsection (g); or
``(C) any project to maintain minimum
levels of retroreflectivity with respect to a
public road, without regard to whether the
project is included in an applicable State
strategic highway safety plan.
``(2) Use of other funding for safety.--
``(A) Effect of section.--Nothing in this
section prohibits the use of funds made
available under other provisions of this title
for highway safety improvement projects.
``(B) Use of other funds.--States are
encouraged to address the full scope of the
safety needs and opportunities of the States by
using funds made available under other
provisions of this title (except a provision
that specifically prohibits that use).
``(f) Data Improvement.--
``(1) Definition of data improvement activities.--
In this subsection, the following definitions apply:
``(A) In general.--The term `data
improvement activities' means a project or
activity to further the capacity of a State to
make more informed and effective safety
infrastructure investment decisions.
``(B) Inclusions.--The term `data
improvement activities' includes a project or
activity--
``(i) to create, update, or enhance
a highway basemap of all public roads
in a State;
``(ii) to collect safety data,
including data identified as part of
the model inventory for roadway
elements, for creation of or use on a
highway basemap of all public roads in
a State;
``(iii) to store and maintain
safety data in an electronic manner;
``(iv) to develop analytical
processes for safety data elements;
``(v) to acquire and implement
roadway safety analysis tools; and
``(vi) to support the collection,
maintenance, and sharing of safety data
on all public roads and related systems
associated with the analytical usage of
that data.
``(2) Model inventory of roadway elements.--The
Secretary shall--
``(A) establish a subset of the model
inventory of roadway elements that are useful
for the inventory of roadway safety; and
``(B) ensure that States adopt and use the
subset to improve data collection.
``(g) Special Rules.--
``(1) High-risk rural road safety.--If the fatality
rate on rural roads in a State increases over the most
recent 2-year period for which data are available, that
State shall be required to obligate in the next fiscal
year for projects on high risk rural roads an amount
equal to at least 200 percent of the amount of funds
the State received for fiscal year 2009 for high risk
rural roads under subsection (f) of this section, as in
effect on the day before the date of enactment of the
MAP-21.
``(2) Older drivers.--If traffic fatalities and
serious injuries per capita for drivers and pedestrians
over the age of 65 in a State increases during the most
recent 2-year period for which data are available, that
State shall be required to include, in the subsequent
Strategic Highway Safety Plan of the State, strategies
to address the increases in those rates, taking into
account the recommendations included in the publication
of the Federal Highway Administration entitled `Highway
Design Handbook for Older Drivers and Pedestrians'
(FHWA-RD-01-103), and dated May 2001, or as
subsequently revised and updated.
``(h) Reports.--
``(1) In general.--A State shall submit to the
Secretary a report that--
``(A) describes progress being made to
implement highway safety improvement projects
under this section;
``(B) assesses the effectiveness of those
improvements; and
``(C) describes the extent to which the
improvements funded under this section have
contributed to reducing--
``(i) the number and rate of
fatalities on all public roads with, to
the maximum extent practicable, a
breakdown by functional classification
and ownership in the State;
``(ii) the number and rate of
serious injuries on all public roads
with, to the maximum extent
practicable, a breakdown by functional
classification and ownership in the
State; and
``(iii) the occurrences of
fatalities and serious injuries at
railway-highway crossings.
``(2) Contents; schedule.--The Secretary shall
establish the content and schedule for the submission
of the report under paragraph (1).
``(3) Transparency.--The Secretary shall make
strategic highway safety plans submitted under
subsection (d) and reports submitted under this
subsection available to the public through--
``(A) the website of the Department; and
``(B) such other means as the Secretary
determines to be appropriate.
``(4) Discovery and admission into evidence of
certain reports, surveys, and information.--
Notwithstanding any other provision of law, reports,
surveys, schedules, lists, or data compiled or
collected for any purpose relating to this section,
shall not be subject to discovery or admitted into
evidence in a Federal or State court proceeding or
considered for other purposes in any action for damages
arising from any occurrence at a location identified or
addressed in the reports, surveys, schedules, lists, or
other data.
``(i) State Performance Targets.--If the Secretary
determines that a State has not met or made significant
progress toward meeting the performance targets of the State
established under section 150(d) by the date that is 2 years
after the date of the establishment of the performance targets,
the State shall--
``(1) use obligation authority equal to the
apportionment of the State for the prior year under
section 104(b)(3) only for highway safety improvement
projects under this section until the Secretary
determines that the State has met or made significant
progress toward meeting the performance targets of the
State; and
``(2) submit annually to the Secretary, until the
Secretary determines that the State has met or made
significant progress toward meeting the performance
targets of the State, an implementation plan that--
``(A) identifies roadway features that
constitute a hazard to road users;
``(B) identifies highway safety improvement
projects on the basis of crash experience,
crash potential, or other data-supported means;
``(C) describes how highway safety
improvement program funds will be allocated,
including projects, activities, and strategies
to be implemented;
``(D) describes how the proposed projects,
activities, and strategies funded under the
State highway safety improvement program will
allow the State to make progress toward
achieving the safety performance targets of the
State; and
``(E) describes the actions the State will
undertake to meet the performance targets of
the State.
``(j) Federal Share of Highway Safety Improvement
Projects.--Except as provided in sections 120 and 130, the
Federal share of the cost of a highway safety improvement
project carried out with funds apportioned to a State under
section 104(b)(3) shall be 90 percent.''.
(b) Study of High-risk Rural Roads Best Practices.--
(1) Study.--
(A) In general.--The Secretary shall
conduct a study of the best practices for
implementing cost-effective roadway safety
infrastructure improvements on high-risk rural
roads.
(B) Methodology.--In carrying out the
study, the Secretary shall--
(i) conduct a thorough literature
review;
(ii) survey current practices of
State departments of transportation;
and
(iii) survey current practices of
local units of government, as
appropriate.
(C) Consultation.--In carrying out the
study, the Secretary shall consult with--
(i) State departments of
transportation;
(ii) county engineers and public
works professionals;
(iii) appropriate local officials;
and
(iv) appropriate private sector
experts in the field of roadway safety
infrastructure.
(2) Report.--
(A) In general.--Not later than 1 year
after the date of enactment of this Act, the
Secretary shall submit to the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives
a report on the results of the study.
(B) Contents.--The report shall include--
(i) a summary of cost-effective
roadway safety infrastructure
improvements;
(ii) a summary of the latest
research on the financial savings and
reduction in fatalities and serious
bodily injury crashes from the
implementation of cost-effective
roadway safety infrastructure
improvements; and
(iii) recommendations for State and
local governments on best practice
methods to install cost-effective
roadway safety infrastructure on high-
risk rural roads.
(3) Manual.--
(A) Development.--Based on the results of
the study under paragraph (2), the Secretary,
in consultation with the individuals and
entities described in paragraph (1)(C), shall
develop a best practices manual to support
Federal, State, and local efforts to reduce
fatalities and serious bodily injury crashes on
high-risk rural roads through the use of cost-
effective roadway safety infrastructure
improvements.
(B) Availability.--The manual shall be made
available to State and local governments not
later than 180 days after the date of
submission of the report under paragraph (2).
(C) Contents.--The manual shall include, at
a minimum, a list of cost-effective roadway
safety infrastructure improvements and best
practices on the installation of cost-effective
roadway safety infrastructure improvements on
high-risk rural roads.
(D) Use of manual.--Use of the manual shall
be voluntary and the manual shall not establish
any binding standards or legal duties on State
or local governments, or any other person.
SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
(a) Eligible Projects.--Section 149(b) of title 23, United
States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``in subsection (c)'' and
inserting ``in subsection (d)''; and
(B) by striking ``section 104(b)(2)'' and
inserting ``section 104(b)(4)'';
(2) in paragraph (5)--
(A) by inserting ``add turning lanes,''
after ``improve intersections,''; and
(B) by striking ``paragraph;'' and
inserting ``paragraph, including programs or
projects to improve incident and emergency
response or improve mobility, such as through
real-time traffic, transit, and multimodal
traveler information;'';
(3) in paragraph (6) by striking ``or'' at the end;
(4) in paragraph (7)(A)(ii) by striking ``published
in the list under subsection (f)(2)'' and inserting
``verified technologies (as defined in section 791 of
the Energy Policy Act of 2005 (42 U.S.C. 16131))'';
(5) by striking the matter following paragraph (7);
(6) by redesignating paragraph (7) as paragraph
(8); and
(7) by inserting after paragraph (6) the following:
``(7) if the project or program shifts traffic
demand to nonpeak hours or other transportation modes,
increases vehicle occupancy rates, or otherwise reduces
demand for roads through such means as telecommuting,
ridesharing, carsharing, alternative work hours, and
pricing; or''.
(b) Special Rules.--Section 149 of title 23, United States
Code, is amended--
(1) by redesignating subsections (c) through (h) as
subsections (d) through (i) respectively;
(2) by inserting after subsection (b) the
following:
``(c) Special Rules.--
``(1) Projects for pm-10 nonattainment areas.--A
State may obligate funds apportioned to the State under
section 104(b)(4) for a project or program for an area
that is nonattainment for ozone or carbon monoxide, or
both, and for PM-10 resulting from transportation
activities, without regard to any limitation of the
Department of Transportation relating to the type of
ambient air quality standard such project or program
addresses.
``(2) Electric vehicle and natural gas vehicle
infrastructure.--A State may obligate funds apportioned
under section 104(b)(4) for a project or program to
establish electric vehicle charging stations or natural
gas vehicle refueling stations for the use of battery
powered or natural gas fueled trucks or other motor
vehicles at any location in the State except that such
stations may not be established or supported where
commercial establishments serving motor vehicle users
are prohibited by section 111 of title 23, United
States Code.
``(3) HOV facilities.--No funds may be provided
under this section for a project which will result in
the construction of new capacity available to single
occupant vehicles unless the project consists of a high
occupancy vehicle facility available to single occupant
vehicles only at other than peak travel times.'';
(3) by striking subsection (d) (as redesignated by
paragraph (1)) and inserting the following:
``(d) States Flexibility.--
``(1) States without a nonattainment area.--If a
State does not have, and never has had, a nonattainment
area designated under the Clean Air Act (42 U.S.C. 7401
et seq.), the State may use funds apportioned to the
State under section 104(b)(4) for any project in the
State that--
``(A) would otherwise be eligible under
subsection (b) as if the project were carried
out in a nonattainment or maintenance area; or
``(B) is eligible under the surface
transportation program under section 133.
``(2) States with a nonattainment area.--
``(A) In general.--If a State has a
nonattainment area or maintenance area and
received funds in fiscal year 2009 under
section 104(b)(2)(D), as in effect on the day
before the date of enactment of the MAP-21,
above the amount of funds that the State would
have received based on the nonattainment and
maintenance area population of the State under
subparagraphs (B) and (C) of section 104(b)(2),
as in effect on the day before the date of
enactment of the MAP-21, the State may use for
any project that is eligible under the surface
transportation program under section 133 an
amount of funds apportioned to such State under
section 104(b)(4) that is equal to the product
obtained by multiplying--
``(i) the amount apportioned to
such State under section 104(b)(4)
(excluding the amount of funds reserved
under paragraph (l)); by
``(ii) the ratio calculated under
subparagraph (B).
``(B) Ratio.--For purposes of this
paragraph, the ratio shall be calculated as the
proportion that--
``(i) the amount for fiscal year
2009 such State was permitted by
section 149(c)(2), as in effect on the
day before the date of enactment of the
MAP-21, to obligate in any area of the
State for projects eligible under
section 133, as in effect on the day
before the date of enactment of the
MAP-21t; bears to
``(ii) the total apportionment to
such State for fiscal year 2009 under
section 104(b)(2), as in effect on the
day before the date of enactment of the
MAP-21.
``(3) Changes in designation.--If a new
nonattainment area is designated or a previously
designated nonattainment area is redesignated as an
attainment area in a State under the Clean Air Act (42
U.S.C. 7401 et seq.), the Secretary shall modify the
amount such State is permitted to obligate in any area
of the State for projects eligible under section
133.'';
(4) in subsection (f)(3) (as redesignated by
paragraph (1)) by striking ``104(b)(2)'' and inserting
``104(b)(4)'';
(5) in subsection (g) (as redesignated by paragraph
(1)) by striking paragraph (3) and inserting the
following:
``(3) Priority consideration.--States and
metropolitan planning organizations shall give priority
in areas designated as nonattainment or maintenance for
PM2.5 under the Clean Air Act (42 U.S.C. 7401 et seq.)
in distributing funds received for congestion
mitigation and air quality projects and programs from
apportionments under section 104(b)(4) to projects that
are proven to reduce PM2.5, including diesel
retrofits.'';
(6) by striking subsection (i) (as redesignated by
paragraph (1)) and inserting the following:
``(i) Evaluation and Assessment of Projects.--
``(1) Database.--
``(A) In general.--Using appropriate
assessments of projects funded under the
congestion mitigation and air quality program
and results from other research, the Secretary
shall maintain and disseminate a cumulative
database describing the impacts of the
projects, including specific information about
each project, such as the project name,
location, sponsor, cost, and, to the extent
already measured by the project sponsor, cost-
effectiveness, based on reductions in
congestion and emissions.
``(B) Availability.--The database shall be
published or otherwise made readily available
by the Secretary in electronically accessible
format and means, such as the Internet, for
public review.
``(2) Cost effectiveness.--
``(A) In general.--The Secretary, in
consultation with the Administrator of the
Environmental Protection Agency, shall evaluate
projects on a periodic basis and develop a
table or other similar medium that illustrates
the cost-effectiveness of a range of project
types eligible for funding under this section
as to how the projects mitigate congestion and
improve air quality.
``(B) Contents.--The table described in
subparagraph (A) shall show measures of cost-
effectiveness, such as dollars per ton of
emissions reduced, and assess those measures
over a variety of timeframes to capture impacts
on the planning timeframes outlined in section
134.
``(C) Use of table.--States and
metropolitan planning organizations shall
consider the information in the table when
selecting projects or developing performance
plans under subsection (l).
``(j) Optional Programmatic Eligibility.--
``(1) In general.--At the discretion of a
metropolitan planning organization, a technical
assessment of a selected program of projects may be
conducted through modeling or other means to
demonstrate the emissions reduction projection required
under this section.
``(2) Applicability.--If an assessment described in
paragraph (1) successfully demonstrates an emissions
reduction, all projects included in such assessment
shall be eligible for obligation under this section
without further demonstration of emissions reduction of
individual projects included in such assessment.
``(k) Priority for Use of Funds in PM2.5 Areas.--
``(1) In general.--For any State that has a
nonattainment or maintenance area for fine particulate
matter, an amount equal to 25 percent of the funds
apportioned to each State under section 104(b)(4) for a
nonattainment or maintenance area that are based all or
in part on the weighted population of such area in fine
particulate matter nonattainment shall be obligated to
projects that reduce such fine particulate matter
emissions in such area, including diesel retrofits.
``(2) Construction equipment and vehicles.--In
order to meet the requirements of paragraph (1), a
State or metropolitan planning organization may elect
to obligate funds to install diesel emission control
technology on nonroad diesel equipment or on-road
diesel equipment that is operated on a highway
construction project within a PM2.5 nonattainment or
maintenance area.
``(l) Performance Plan.--
``(1) In general.--Each metropolitan planning
organization serving a transportation management area
(as defined in section 134) with a population over
1,000,000 people representing a nonattainment or
maintenance area shall develop a performance plan
that--
``(A) includes an area baseline level for
traffic congestion and on-road mobile source
emissions for which the area is in
nonattainment or maintenance;
``(B) describes progress made in achieving
the performance targets described in section
150(d); and
``(C) includes a description of projects
identified for funding under this section and
how such projects will contribute to achieving
emission and traffic congestion reduction
targets.
``(2) Updated plans.--Performance plans shall be
updated biennially and include a separate report that
assesses the progress of the program of projects under
the previous plan in achieving the air quality and
traffic congestion targets of the previous plan.
``(m) Operating Assistance.--A State may obligate funds
apportioned under section 104(b)(2) in an area of such State
that is otherwise eligible for obligations of such funds for
operating costs under chapter 53 of title 49 or on a system
that was previously eligible under this section.''.
(c) Air Quality and Congestion Mitigation Measure Outcomes
Assessment Study.--
(1) In general.--The Secretary, in consultation
with the Administrator of the Environmental Protection
Agency, shall examine the outcomes of actions funded
under the congestion mitigation and air quality
improvement program since the date of enactment of the
SAFETEA-LU (Public Law 109-59).
(2) Goals.--The goals of the program shall
include--
(A) the assessment and documentation,
through outcomes research conducted on a
representative sample of cases, of--
(i) the emission reductions
achieved by federally supported surface
transportation actions intended to
reduce emissions or lessen traffic
congestion; and
(ii) the air quality and human
health impacts of those actions,
including potential unrecognized or
indirect consequences, attributable to
those actions;
(B) an expanded base of empirical evidence
on the air quality and human health impacts of
actions described in paragraph (1); and
(C) an increase in knowledge of--
(i) the factors determining the air
quality and human health changes
associated with transportation emission
reduction actions; and
(ii) other information to more
accurately understand the validity of
current estimation and modeling
routines and ways to improve those
routines.
(3) Administrative elements.--To carry out this
subsection, the Secretary shall--
(A) make a grant for the coordination,
selection, management, and reporting of
component studies to an independent scientific
research organization with the necessary
experience in successfully conducting
accountability and other studies on mobile
source air pollutants and associated health
effects;
(B) ensure that case studies are identified
and conducted by teams selected through a
competitive solicitation overseen by an
independent committee of unbiased experts; and
(C) ensure that all findings and reports
are peer-reviewed and published in a form that
presents the findings together with reviewer
comments.
(4) Report.--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) not later than 1 year after the date of
enactment of the MAP-21, and for the following
year, a report providing an initial scoping and
plan, and status updates, respectively, for the
program under this subsection; and
(B) not later than 2 years after the date
of enactment of the MAP-21, a final report that
describes the findings of, and recommendations
resulting from, the program under this
subsection.
(5) Funding.--Of the amounts made available to
carry out section 104(a) for fiscal year 2013, the
Secretary shall make available to carry out this
subsection not more than $1,000,000.
SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
(a) In General.--Section 165 of title 23, United States
Code, is amended to read as follows:
``Sec. 165. Territorial and Puerto Rico highway program
``(a) Division of Funds.--Of funds made available in a
fiscal year for the territorial and Puerto Rico highway
program--
``(1) $150,000,000 shall be for the Puerto Rico
highway program under subsection (b); and
``(2) $40,000,000 shall be for the territorial
highway program under subsection (c).
``(b) Puerto Rico Highway Program.--
``(1) In general.--The Secretary shall allocate
funds made available to carry out this subsection to
the Commonwealth of Puerto Rico to carry out a highway
program in the Commonwealth.
``(2) Treatment of funds.--Amounts made available
to carry out this subsection for a fiscal year shall be
administered as follows:
``(A) Apportionment.--
``(i) In general.--For the purpose
of imposing any penalty under this
title or title 49, the amounts shall be
treated as being apportioned to Puerto
Rico under sections 104(b) and 144 (as
in effect for fiscal year 1997) for
each program funded under those
sections in an amount determined by
multiplying--
``(I) the aggregate of the
amounts for the fiscal year; by
``(II) the proportion
that--
``(aa) the amount
of funds apportioned to
Puerto Rico for each
such program for fiscal
year 1997; bears to
``(bb) the total
amount of funds
apportioned to Puerto
Rico for all such
programs for fiscal
year 1997.
``(ii) Exception.--Funds identified
under clause (i) as having been
apportioned for the national highway
system, the surface transportation
program, and the Interstate maintenance
program shall be deemed to have been
apportioned 50 percent for the national
highway performance program and 50
percent for the surface transportation
program for purposes of imposing such
penalties.
``(B) Penalty.--The amounts treated as
being apportioned to Puerto Rico under each
section referred to in subparagraph (A) shall
be deemed to be required to be apportioned to
Puerto Rico under that section for purposes of
the imposition of any penalty under this title
or title 49.
``(C) Eligible uses of funds.--Of amounts
allocated to Puerto Rico for the Puerto Rico
Highway Program for a fiscal year--
``(i) at least 50 percent shall be
available only for purposes eligible
under section 119;
``(ii) at least 25 percent shall be
available only for purposes eligible
under section 148; and
``(iii) any remaining funds may be
obligated for activities eligible under
chapter 1.
``(3) Effect on apportionments.--Except as
otherwise specifically provided, Puerto Rico shall not
be eligible to receive funds apportioned to States
under this title.
``(c) Territorial Highway Program.--
``(1) Territory defined.--In this subsection, the
term `territory' means any of the following territories
of the United States:
``(A) American Samoa.
``(B) The Commonwealth of the Northern
Mariana Islands.
``(C) Guam.
``(D) The United States Virgin Islands.
``(2) Program.--
``(A) In general.--Recognizing the mutual
benefits that will accrue to the territories
and the United States from the improvement of
highways in the territories, the Secretary may
carry out a program to assist each government
of a territory in the construction and
improvement of a system of arterial and
collector highways, and necessary inter-island
connectors, that is--
``(i) designated by the Governor or
chief executive officer of each
territory; and
``(ii) approved by the Secretary.
``(B) Federal share.--The Federal share of
Federal financial assistance provided to
territories under this subsection shall be in
accordance with section 120(g).
``(3) Technical assistance.--
``(A) In general.--To continue a long-range
highway development program, the Secretary may
provide technical assistance to the governments
of the territories to enable the territories,
on a continuing basis--
``(i) to engage in highway
planning;
``(ii) to conduct environmental
evaluations;
``(iii) to administer right-of-way
acquisition and relocation assistance
programs; and
``(iv) to design, construct,
operate, and maintain a system of
arterial and collector highways,
including necessary inter-island
connectors.
``(B) Form and terms of assistance.--
Technical assistance provided under
subparagraph (A), and the terms for the sharing
of information among territories receiving the
technical assistance, shall be included in the
agreement required by paragraph (5).
``(4) Nonapplicability of certain provisions.--
``(A) In general.--Except to the extent
that provisions of this chapter are determined
by the Secretary to be inconsistent with the
needs of the territories and the intent of this
subsection, this chapter (other than provisions
of this chapter relating to the apportionment
and allocation of funds) shall apply to funds
made available under this subsection.
``(B) Applicable provisions.--The agreement
required by paragraph (5) for each territory
shall identify the sections of this chapter
that are applicable to that territory and the
extent of the applicability of those sections.
``(5) Agreement.--
``(A) In general.--Except as provided in
subparagraph (D), none of the funds made
available under this subsection shall be
available for obligation or expenditure with
respect to any territory until the chief
executive officer of the territory has entered
into an agreement (including an agreement
entered into under section 215 as in effect on
the day before the enactment of this section)
with the Secretary providing that the
government of the territory shall--
``(i) implement the program in
accordance with applicable provisions
of this chapter and paragraph (4);
``(ii) design and construct a
system of arterial and collector
highways, including necessary inter-
island connectors, in accordance with
standards that are--
``(I) appropriate for each
territory; and
``(II) approved by the
Secretary;
``(iii) provide for the maintenance
of facilities constructed or operated
under this subsection in a condition to
adequately serve the needs of present
and future traffic; and
``(iv) implement standards for
traffic operations and uniform traffic
control devices that are approved by
the Secretary.
``(B) Technical assistance.--The agreement
required by subparagraph (A) shall--
``(i) specify the kind of technical
assistance to be provided under the
program;
``(ii) include appropriate
provisions regarding information
sharing among the territories; and
``(iii) delineate the oversight
role and responsibilities of the
territories and the Secretary.
``(C) Review and revision of agreement.--
The agreement entered into under subparagraph
(A) shall be reevaluated and, as necessary,
revised, at least every 2 years.
``(D) Existing agreements.--With respect to
an agreement under this subsection or an
agreement entered into under section 215 of
this title as in effect on the day before the
date of enactment of this subsection--
``(i) the agreement shall continue
in force until replaced by an agreement
entered into in accordance with
subparagraph (A); and
``(ii) amounts made available under
this subsection under the existing
agreement shall be available for
obligation or expenditure so long as
the agreement, or the existing
agreement entered into under
subparagraph (A), is in effect.
``(6) Eligible uses of funds.--
``(A) In general.--Funds made available
under this subsection may be used only for the
following projects and activities carried out
in a territory:
``(i) Eligible surface
transportation program projects
described in section 133(b).
``(ii) Cost-effective, preventive
maintenance consistent with section
116(e).
``(iii) Ferry boats, terminal
facilities, and approaches, in
accordance with subsections (b) and (c)
of section 129.
``(iv) Engineering and economic
surveys and investigations for the
planning, and the financing, of future
highway programs.
``(v) Studies of the economy,
safety, and convenience of highway use.
``(vi) The regulation and equitable
taxation of highway use.
``(vii) Such research and
development as are necessary in
connection with the planning, design,
and maintenance of the highway system.
``(B) Prohibition on use of funds for
routine maintenance.--None of the funds made
available under this subsection shall be
obligated or expended for routine maintenance.
``(7) Location of projects.--Territorial highway
program projects (other than those described in
paragraphs (2), (4), (7), (8), (14), and (19) of
section 133(b)) may not be undertaken on roads
functionally classified as local.''.
(b) Conforming Amendments.--
(1) Technical and conforming amendment.--The
analysis for chapter 1 of title 23, United States Code,
is amended by striking the item relating to section 165
and inserting the following:
``165. Territorial and Puerto Rico highway program.''.
(2) Territorial highway program.--
(A) Repeal.--Section 215 of title 23,
United States Code, is repealed.
(B) Technical and conforming amendment.--
The analysis for chapter 2 of title 23, United
States Code, is amended by striking the item
relating to section 215.
(C) Duncan hunter national defense
authorization act for fiscal year 2009.--
Section 3512(e) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009
(48 U.S.C. 1421r(e)) is amended by striking
``section 215'' and inserting ``section 165''.
SEC. 1115. NATIONAL FREIGHT POLICY.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 167. National freight policy
``(a) In General.--It is the policy of the United States to
improve the condition and performance of the national freight
network to ensure that the national freight network provides
the foundation for the United States to compete in the global
economy and achieve each goal described in subsection (b).
``(b) Goals.--The goals of the national freight policy
are--
``(1) to invest in infrastructure improvements and
to implement operational improvements that--
``(A) strengthen the contribution of the
national freight network to the economic
competitiveness of the United States;
``(B) reduce congestion; and
``(C) increase productivity, particularly
for domestic industries and businesses that
create high-value jobs;
``(2) to improve the safety, security, and
resilience of freight transportation;
``(3) to improve the state of good repair of the
national freight network;
``(4) to use advanced technology to improve the
safety and efficiency of the national freight network;
``(5) to incorporate concepts of performance,
innovation, competition, and accountability into the
operation and maintenance of the national freight
network; and
``(6) to improve the economic efficiency of the
national freight network.
``(7) to reduce the environmental impacts of
freight movement on the national freight network;
``(c) Establishment of a National Freight Network.--
``(1) In general.--The Secretary shall establish a
national freight network in accordance with this
section to assist States in strategically directing
resources toward improved system performance for
efficient movement of freight on highways, including
national highway system, freight intermodal connectors
and aerotropolis transportation systems.
``(2) Network components.--The national freight
network shall consist of--
``(A) the primary freight network, as
designated by the Secretary under subsection
(d) (referred to in this section as the
`primary freight network') as most critical to
the movement of freight;
``(B) the portions of the Interstate System
not designated as part of the primary freight
network; and
``(C) critical rural freight corridors
established under subsection (e).
``(d) Designation of Primary Freight Network.--
``(1) Initial designation of primary freight
network.--
``(A) Designation.--Not later than 1 year
after the date of enactment of this section,
the Secretary shall designate a primary freight
network--
``(i) based on an inventory of
national freight volume conducted by
the Administrator of the Federal
Highway Administration, in consultation
with stakeholders, including system
users, transport providers, and States;
and
``(ii) that shall be comprised of
not more than 27,000 centerline miles
of existing roadways that are most
critical to the movement of freight.
``(B) Factors for designation.--In
designating the primary freight network, the
Secretary shall consider--
``(i) the origins and destinations
of freight movement in the United
States;
``(ii) the total freight tonnage
and value of freight moved by highways;
``(iii) the percentage of annual
average daily truck traffic in the
annual average daily traffic on
principal arterials;
``(iv) the annual average daily
truck traffic on principal arterials;
``(v) land and maritime ports of
entry;
``(vi) access to energy
exploration, development, installation,
or production areas;
``(vii) population centers; and
``(viii) network connectivity.
``(2) Additional miles on primary freight
network.--In addition to the miles initially designated
under paragraph (1), the Secretary may increase the
number of miles designated as part of the primary
freight network by not more than 3,000 additional
centerline miles of roadways (which may include
existing or planned roads) critical to future efficient
movement of goods on the primary freight network.
``(3) Redesignation of primary freight network.--
Effective beginning 10 years after the designation of
the primary freight network and every 10 years
thereafter, using the designation factors described in
paragraph (1), the Secretary shall redesignate the
primary freight network (including additional mileage
described in paragraph (2)).
``(e) Critical Rural Freight Corridors.--A State may
designate a road within the borders of the State as a critical
rural freight corridor if the road--
``(1) is a rural principal arterial roadway and has
a minimum of 25 percent of the annual average daily
traffic of the road measured in passenger vehicle
equivalent units from trucks (FHWA vehicle class 8 to
13);
``(2) provides access to energy exploration,
development, installation, or production areas;
``(3) connects the primary freight network, a
roadway described in paragraph (1) or (2), or
Interstate System to facilities that handle more than--
``(A) 50,000 20-foot equivalent units per
year; or
``(B) 500,000 tons per year of bulk
commodities.
``(f) National Freight Strategic Plan.--
``(1) Initial development of national freight
strategic plan.--Not later than 3 years after the date
of enactment of this section, the Secretary shall, in
consultation with State departments of transportation
and other appropriate public and private transportation
stakeholders, develop and post on the Department of
Transportation public website a national freight
strategic plan that shall include--
``(A) an assessment of the condition and
performance of the national freight network;
``(B) an identification of highway
bottlenecks on the national freight network
that create significant freight congestion
problems, based on a quantitative methodology
developed by the Secretary, which shall, at a
minimum, include--
``(i) information from the Freight
Analysis Network of the Federal Highway
Administration; and
``(ii) to the maximum extent
practicable, an estimate of the cost of
addressing each bottleneck and any
operational improvements that could be
implemented;
``(C) forecasts of freight volumes for the
20-year period beginning in the year during
which the plan is issued;
``(D) an identification of major trade
gateways and national freight corridors that
connect major population centers, trade
gateways, and other major freight generators
for current and forecasted traffic and freight
volumes, the identification of which shall be
revised, as appropriate, in subsequent plans;
``(E) an assessment of statutory,
regulatory, technological, institutional,
financial, and other barriers to improved
freight transportation performance (including
opportunities for overcoming the barriers);
``(F) an identification of routes providing
access to energy exploration, development,
installation, or production areas;
``(G) best practices for improving the
performance of the national freight network;
``(H) best practices to mitigate the
impacts of freight movement on communities;
``(I) a process for addressing multistate
projects and encouraging jurisdictions to
collaborate; and
``(J) strategies to improve freight
intermodal connectivity.
``(2) Updates to national freight strategic plan.--
Not later than 5 years after the date of completion of
the first national freight strategic plan under
paragraph (1), and every 5 years thereafter, the
Secretary shall update and repost on the Department of
Transportation public website a revised national
freight strategic plan.
``(g) Freight Transportation Conditions and Performance
Reports.--Not later than 2 years after the date of enactment of
this section, and biennially thereafter, the Secretary shall
prepare a report that contains a description of the conditions
and performance of the national freight network in the United
States.
``(h) Transportation Investment Data and Planning Tools.--
``(1) In general.--Not later than 1 year after the
date of enactment of this section, the Secretary
shall--
``(A) begin development of new tools and
improvement of existing tools or improve
existing tools to support an outcome-oriented,
performance-based approach to evaluate proposed
freight-related and other transportation
projects, including--
``(i) methodologies for systematic
analysis of benefits and costs;
``(ii) tools for ensuring that the
evaluation of freight-related and other
transportation projects could consider
safety, economic competitiveness,
environmental sustainability, and
system condition in the project
selection process; and
``(iii) other elements to assist in
effective transportation planning;
``(B) identify transportation-related model
data elements to support a broad range of
evaluation methods and techniques to assist in
making transportation investment decisions; and
``(C) at a minimum, in consultation with
other relevant Federal agencies, consider any
improvements to existing freight flow data
collection efforts that could reduce identified
freight data gaps and deficiencies and help
improve forecasts of freight transportation
demand.
``(2) Consultation.--The Secretary shall consult
with Federal, State, and other stakeholders to develop,
improve, and implement the tools and collect the data
in paragraph (1).
``(i) Definition of Aerotropolis Transportation System.--In
this section, the term `aerotropolis transportation system'
means a planned and coordinated multimodal freight and
passenger transportation network that, as determined by the
Secretary, provides efficient, cost-effective, sustainable, and
intermodal connectivity to a defined region of economic
significance centered around a major airport.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
``167. National freight program.''.
SEC. 1116. PRIORITIZATION OF PROJECTS TO IMPROVE FREIGHT MOVEMENT.
(a) In General.--Notwithstanding section 120 of title 23,
United States Code, the Secretary may increase the Federal
share payable for any project to 95 percent for projects on the
Interstate System and 90 percent for any other project if the
Secretary certifies that the project meets the requirements of
this section.
(b) Increased Funding.--To be eligible for the increased
Federal funding share under this section, a project shall--
(1) demonstrate the improvement made by the project
to the efficient movement of freight, including making
progress towards meeting performance targets for
freight movement established under section 150(d) of
title 23, United States Code; and
(2) be identified in a State freight plan developed
pursuant to section 1118.
(c) Eligible Projects.--Eligible projects to improve the
movement of freight under this section may include, but are not
limited to--
(1) construction, reconstruction, rehabilitation,
and operational improvements directly relating to
improving freight movement;
(2) intelligent transportation systems and other
technology to improve the flow of freight;
(3) efforts to reduce the environmental impacts of
freight movement on the primary freight network;
(4) railway-highway grade separation;
(5) geometric improvements to interchanges and
ramps.
(6) truck-only lanes;
(7) climbing and runaway truck lanes;
(8) truck parking facilities eligible for funding
under section 1401;
(9) real-time traffic, truck parking, roadway
condition, and multimodal transportation information
systems;
(10) improvements to freight intermodal connectors;
and
(11) improvements to truck bottlenecks.
SEC. 1117. STATE FREIGHT ADVISORY COMMITTEES.
(a) In General.--The Secretary shall encourage each State
to establish a freight advisory committee consisting of a
representative cross-section of public and private sector
freight stakeholders, including representatives of ports,
shippers, carriers, freight-related associations, the freight
industry workforce, the transportation department of the State,
and local governments.
(b) Role of Committee.--A freight advisory committee of a
State described in subsection (a) shall--
(1) advise the State on freight-related priorities,
issues, projects, and funding needs;
(2) serve as a forum for discussion for State
transportation decisions affecting freight mobility;
(3) communicate and coordinate regional priorities
with other organizations;
(4) promote the sharing of information between the
private and public sectors on freight issues; and
(5) participate in the development of the freight
plan of the State described in section 1118.
SEC. 1118. STATE FREIGHT PLANS.
(a) In General.--The Secretary shall encourage each State
to develop a freight plan that provides a comprehensive plan
for the immediate and long-range planning activities and
investments of the State with respect to freight.
(b) Plan Contents.--A freight plan described in subsection
(a) shall include, at a minimum--
(1) an identification of significant freight system
trends, needs, and issues with respect to the State;
(2) a description of the freight policies,
strategies, and performance measures that will guide
the freight-related transportation investment decisions
of the State;
(3) a description of how the plan will improve the
ability of the State to meet the national freight goals
established under section 167 of title 23, United
States Code;
(4) evidence of consideration of innovative
technologies and operational strategies, including
intelligent transportation systems, that improve the
safety and efficiency of freight movement;
(5) in the case of routes on which travel by heavy
vehicles (including mining, agricultural, energy cargo
or equipment, and timber vehicles) is projected to
substantially deteriorate the condition of roadways, a
description of improvements that may be required to
reduce or impede the deterioration; and
(6) an inventory of facilities with freight
mobility issues, such as truck bottlenecks, within the
State, and a description of the strategies the State is
employing to address those freight mobility issues.
(c) Relationship to Long-range Plan.--A freight plan
described in subsection (a) may be developed separate from or
incorporated into the statewide strategic long-range
transportation plan required by section 135 of title 23, United
States Code.
SEC. 1119. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.
(a) In General.--Chapter 2 of title 23, United States Code,
is amended by striking sections 201 through 204 and inserting
the following:
``Sec. 201. Federal lands and tribal transportation programs
``(a) Purpose.--Recognizing the need for all public Federal
and tribal transportation facilities to be treated under
uniform policies similar to the policies that apply to Federal-
aid highways and other public transportation facilities, the
Secretary of Transportation, in collaboration with the
Secretaries of the appropriate Federal land management
agencies, shall coordinate a uniform policy for all public
Federal and tribal transportation facilities that shall apply
to Federal lands transportation facilities, tribal
transportation facilities, and Federal lands access
transportation facilities.
``(b) Availability of Funds.--
``(1) Availability.--Funds authorized for the
tribal transportation program, the Federal lands
transportation program, and the Federal lands access
program shall be available for contract upon
apportionment, or on October 1 of the fiscal year for
which the funds were authorized if no apportionment is
required.
``(2) Amount remaining.--Any amount remaining
unexpended for a period of 3 years after the close of
the fiscal year for which the funds were authorized
shall lapse.
``(3) Obligations.--The Secretary of the department
responsible for the administration of funds under this
subsection may incur obligations, approve projects, and
enter into contracts under such authorizations, which
shall be considered to be contractual obligations of
the United States for the payment of the cost thereof,
the funds of which shall be considered to have been
expended when obligated.
``(4) Expenditure.--
``(A) In general.--Any funds authorized for
any fiscal year after the date of enactment of
this section under the Federal lands
transportation program, the Federal lands
access program, and the tribal transportation
program shall be considered to have been
expended if a sum equal to the total of the
sums authorized for the fiscal year and
previous fiscal years have been obligated.
``(B) Credited funds.--Any funds described
in subparagraph (A) that are released by
payment of final voucher or modification of
project authorizations shall be--
``(i) credited to the balance of
unobligated authorizations; and
``(ii) immediately available for
expenditure.
``(5) Applicability.--This section shall not apply
to funds authorized before the date of enactment of
this paragraph.
``(6) Contractual obligation.--
``(A) In general.--Notwithstanding any
other provision of law (including regulations),
the authorization by the Secretary, or the
Secretary of the appropriate Federal land
management agency if the agency is the
contracting office, of engineering and related
work for the development, design, and
acquisition associated with a construction
project, whether performed by contract or
agreement authorized by law, or the approval by
the Secretary of plans, specifications, and
estimates for construction of a project, shall
be considered to constitute a contractual
obligation of the Federal Government to pay the
total eligible cost of--
``(i) any project funded under this
title; and
``(ii) any project funded pursuant
to agreements authorized by this title
or any other title.
``(B) Effect.--Nothing in this paragraph--
``(i) affects the application of
the Federal share associated with the
project being undertaken under this
section; or
``(ii) modifies the point of
obligation associated with Federal
salaries and expenses.
``(7) Federal share.--
``(A) Tribal and federal lands
transportation program.--The Federal share of
the cost of a project carried out under the
Federal lands transportation program or the
tribal transportation program shall be 100
percent.
``(B) Federal lands access program.--The
Federal share of the cost of a project carried
out under the Federal lands access program
shall be determined in accordance with section
120.
``(c) Transportation Planning.--
``(1) Transportation planning procedures.--In
consultation with the Secretary of each appropriate
Federal land management agency, the Secretary shall
implement transportation planning procedures for
Federal lands and tribal transportation facilities that
are consistent with the planning processes required
under sections 134 and 135.
``(2) Approval of transportation improvement
program.--The transportation improvement program
developed as a part of the transportation planning
process under this section shall be approved by the
Secretary.
``(3) Inclusion in other plans.--Each regionally
significant tribal transportation program, Federal
lands transportation program, and Federal lands access
program project shall be--
``(A) developed in cooperation with State
and metropolitan planning organizations; and
``(B) included in appropriate tribal
transportation program plans, Federal lands
transportation program plans, Federal lands
access program plans, State and metropolitan
plans, and transportation improvement programs.
``(4) Inclusion in state programs.--The approved
tribal transportation program, Federal lands
transportation program, and Federal lands access
program transportation improvement programs shall be
included in appropriate State and metropolitan planning
organization plans and programs without further action
on the transportation improvement program.
``(5) Asset management.--The Secretary and the
Secretary of each appropriate Federal land management
agency shall, to the extent appropriate, implement
safety, bridge, pavement, and congestion management
systems for facilities funded under the tribal
transportation program and the Federal lands
transportation program in support of asset management.
``(6) Data collection.--
``(A) Data collection.--The Secretaries of
the appropriate Federal land management
agencies shall collect and report data
necessary to implement the Federal lands
transportation program, the Federal lands
access program, and the tribal transportation
program in accordance with the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450 et seq.), including--
``(i) inventory and condition
information on Federal lands
transportation facilities and tribal
transportation facilities; and
``(ii) bridge inspection and
inventory information on any Federal
bridge open to the public.
``(B) Standards.--The Secretary, in
coordination with the Secretaries of the
appropriate Federal land management agencies,
shall define the collection and reporting data
standards.
``(7) Administrative expenses.--To implement the
activities described in this subsection, including
direct support of transportation planning activities
among Federal land management agencies, the Secretary
may use not more than 5 percent for each fiscal year of
the funds authorized for programs under sections 203
and 204.
``(d) Reimbursable Agreements.--In carrying out work under
reimbursable agreements with any State, local, or tribal
government under this title, the Secretary--
``(1) may, without regard to any other provision of
law (including regulations), record obligations against
accounts receivable from the entity; and
``(2) shall credit amounts received from the entity
to the appropriate account, which shall occur not later
than 90 days after the date of the original request by
the Secretary for payment.
``(e) Transfers.--
``(1) In general.--To enable the efficient use of
funds made available for the Federal lands
transportation program and the Federal lands access
program, the funds may be transferred by the Secretary
within and between each program with the concurrence
of, as appropriate--
``(A) the Secretary;
``(B) the affected Secretaries of the
respective Federal land management agencies;
``(C) State departments of transportation;
and
``(D) local government agencies.
``(2) Credit.--The funds described in paragraph (1)
shall be credited back to the loaning entity with funds
that are currently available for obligation at the time
of the credit.
``Sec. 202. Tribal transportation program
``(a) Use of Funds.--
``(1) In general.--Funds made available under the
tribal transportation program shall be used by the
Secretary of Transportation and the Secretary of the
Interior to pay the costs of--
``(A)(i) transportation planning, research,
maintenance, engineering, rehabilitation,
restoration, construction, and reconstruction
of tribal transportation facilities;
``(ii) adjacent vehicular parking areas;
``(iii) interpretive signage;
``(iv) acquisition of necessary scenic
easements and scenic or historic sites;
``(v) provisions for pedestrians and
bicycles;
``(vi) environmental mitigation in or
adjacent to tribal land--
``(I) to improve public safety and
reduce vehicle-caused wildlife
mortality while maintaining habitat
connectivity; and
``(II) to mitigate the damage to
wildlife, aquatic organism passage,
habitat, and ecosystem connectivity,
including the costs of constructing,
maintaining, replacing, or removing
culverts and bridges, as appropriate;
``(vii) construction and reconstruction of
roadside rest areas, including sanitary and
water facilities; and
``(viii) other appropriate public road
facilities as determined by the Secretary;
``(B) operation and maintenance of transit
programs and facilities that are located on, or
provide access to, tribal land, or are
administered by a tribal government; and
``(C) any transportation project eligible
for assistance under this title that is located
within, or that provides access to, tribal
land, or is associated with a tribal
government.
``(2) Contract.--In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the Interior may enter into a contract or
other appropriate agreement with respect to the
activity with--
``(A) a State (including a political
subdivision of a State); or
``(B) an Indian tribe.
``(3) Indian labor.--Indian labor may be employed,
in accordance with such rules and regulations as may be
promulgated by the Secretary of the Interior, to carry
out any construction or other activity described in
paragraph (1).
``(4) Federal employment.--No maximum limitation on
Federal employment shall be applicable to the
construction or improvement of tribal transportation
facilities.
``(5) Funds for construction and improvement.--All
funds made available for the construction and
improvement of tribal transportation facilities shall
be administered in conformity with regulations and
agreements jointly approved by the Secretary and the
Secretary of the Interior.
``(6) Administrative expenses.--Of the funds
authorized to be appropriated for the tribal
transportation program, not more than 6 percent may be
used by the Secretary or the Secretary of the Interior
for program management and oversight and project-
related administrative expenses.
``(7) Tribal technical assistance centers.--The
Secretary of the Interior may reserve amounts from
administrative funds of the Bureau of Indian Affairs
that are associated with the tribal transportation
program to fund tribal technical assistance centers
under section 504(b).
``(8) Maintenance.--
``(A) Use of funds.--Notwithstanding any
other provision of this title, of the amount of
funds allocated to an Indian tribe from the
tribal transportation program, for the purpose
of maintenance (excluding road sealing, which
shall not be subject to any limitation), the
Secretary shall not use an amount more than the
greater of--
``(i) an amount equal to 25
percent; or
``(ii) $500,000.
``(B) Responsibility of bureau of indian
affairs and secretary of the interior.--
``(i) Bureau of indian affairs.--
The Bureau of Indian Affairs shall
retain primary responsibility,
including annual funding request
responsibility, for Bureau of Indian
Affairs road maintenance programs on
Indian reservations.
``(ii) Secretary of the interior.--
The Secretary of the Interior shall
ensure that funding made available
under this subsection for maintenance
of tribal transportation facilities for
each fiscal year is supplementary to,
and not in lieu of, any obligation of
funds by the Bureau of Indian Affairs
for road maintenance programs on Indian
reservations.
``(C) Tribal-state road maintenance
agreements.--
``(i) In general.--An Indian tribe
and a State may enter into a road
maintenance agreement under which an
Indian tribe shall assume the
responsibility of the State for--
``(I) tribal transportation
facilities; and
``(II) roads providing
access to tribal transportation
facilities.
``(ii) Requirements.--Agreements
entered into under clause (i) shall--
``(I) be negotiated between
the State and the Indian tribe;
and
``(II) not require the
approval of the Secretary.
``(9) Cooperation.--
``(A) In general.--The cooperation of
States, counties, or other local subdivisions
may be accepted in construction and
improvement.
``(B) Funds received.--Any funds received
from a State, county, or local subdivision
shall be credited to appropriations available
for the tribal transportation program.
``(10) Competitive bidding.--
``(A) Construction.--
``(i) In general.--Subject to
clause (ii) and subparagraph (B),
construction of each project shall be
performed by contract awarded by
competitive bidding.
``(ii) Exception.--Clause (i) shall
not apply if the Secretary or the
Secretary of the Interior affirmatively
finds that, under the circumstances
relating to the project, a different
method is in the public interest.
``(B) Applicability.--Notwithstanding
subparagraph (A), section 23 of the Act of June
25, 1910 (25 U.S.C. 47) and section 7(b) of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e(b)) shall apply
to all funds administered by the Secretary of
the Interior that are appropriated for the
construction and improvement of tribal
transportation facilities.
``(b) Funds Distribution.--
``(1) National tribal transportation facility
inventory.--
``(A) In general.--The Secretary of the
Interior, in cooperation with the Secretary,
shall maintain a comprehensive national
inventory of tribal transportation facilities
that are eligible for assistance under the
tribal transportation program.
``(B) Transportation facilities included in
the inventory.--For purposes of identifying the
tribal transportation system and determining
the relative transportation needs among Indian
tribes, the Secretary shall include, at a
minimum, transportation facilities that are
eligible for assistance under the tribal
transportation program that an Indian tribe has
requested, including facilities that--
``(i) were included in the Bureau
of Indian Affairs system inventory
prior to October 1, 2004;
``(ii) are owned by an Indian
tribal government;
``(iii) are owned by the Bureau of
Indian Affairs;
``(iv) were constructed or
reconstructed with funds from the
Highway Trust Fund under the Indian
reservation roads program since 1983;
``(v) are public roads or bridges
within the exterior boundary of Indian
reservations, Alaska Native villages,
and other recognized Indian communities
(including communities in former Indian
reservations in the State of Oklahoma)
in which the majority of residents are
American Indians or Alaska Natives;
``(vi) are public roads within or
providing access to an Indian
reservation or Indian trust land or
restricted Indian land that is not
subject to fee title alienation without
the approval of the Federal Government,
or Indian or Alaska Native villages,
groups, or communities in which Indians
and Alaska Natives reside, whom the
Secretary of the Interior has
determined are eligible for services
generally available to Indians under
Federal laws specifically applicable to
Indians; or
``(vii) are primary access routes
proposed by tribal governments,
including roads between villages, roads
to landfills, roads to drinking water
sources, roads to natural resources
identified for economic development,
and roads that provide access to
intermodal terminals, such as airports,
harbors, or boat landings.
``(C) Limitation on primary access
routes.--For purposes of this paragraph, a
proposed primary access route is the shortest
practicable route connecting 2 points of the
proposed route.
``(D) Additional facilities.--Nothing in
this paragraph precludes the Secretary from
including additional transportation facilities
that are eligible for funding under the tribal
transportation program in the inventory used
for the national funding allocation if such
additional facilities are included in the
inventory in a uniform and consistent manner
nationally.
``(E) Bridges.--All bridges in the
inventory shall be recorded in the national
bridge inventory administered by the Secretary
under section 144.
``(2) Regulations.--Notwithstanding sections 563(a)
and 565(a) of title 5, the Secretary of the Interior
shall maintain any regulations governing the tribal
transportation program.
``(3) Basis for funding formula.--
``(A) Basis.--
``(i) In general.--After making the
set asides authorized under
subparagraph (C) and subsections (c),
(d), and (e) on October 1 of each
fiscal year, the Secretary shall
distribute the remainder authorized to
be appropriated for the tribal
transportation program under this
section among Indian tribes as follows:
``(I) For fiscal year
2013--
``(aa) for each
Indian tribe, 80
percent of the total
relative need
distribution factor and
population adjustment
factor for the fiscal
year 2011 funding
amount made available
to that Indian tribe;
and
``(bb) the
remainder using tribal
shares as described in
subparagraphs (B) and
(C).
``(II) For fiscal year
2014--
``(aa) for each
Indian tribe, 60
percent of the total
relative need
distribution factor and
population adjustment
factor for the fiscal
year 2011 funding
amount made available
to that Indian tribe;
and
``(bb) the
remainder using tribal
shares as described in
subparagraphs (B) and
(C).
``(III) For fiscal year
2015--
``(aa) for each
Indian tribe, 40
percent of the total
relative need
distribution factor and
population adjustment
factor for the fiscal
year 2011 funding
amount made available
to that Indian tribe;
and
``(bb) the
remainder using tribal
shares as described in
subparagraphs (B) and
(C).
``(IV) For fiscal year 2016
and thereafter--
``(aa) for each
Indian tribe, 20
percent of the total
relative need
distribution factor and
population adjustment
factor for the fiscal
year 2011 funding
amount made available
to that Indian tribe;
and
``(bb) the
remainder using tribal
shares as described in
subparagraphs (B) and
(C).
``(ii) Tribal high priority
projects.--The High Priority Projects
program as included in the Tribal
Transportation Allocation Methodology
of part 170 of title 25, Code of
Federal Regulations (as in effect on
the date of enactment of the MAP-21),
shall not continue in effect.
``(B) Tribal shares.--Tribal shares under
this program shall be determined using the
national tribal transportation facility
inventory as calculated for fiscal year 2012,
and the most recent data on American Indian and
Alaska Native population within each Indian
tribe's American Indian/Alaska Native
Reservation or Statistical Area, as computed
under the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C.
4101 et seq.), in the following manner:
``(i) 27 percent in the ratio that
the total eligible road mileage in each
tribe bears to the total eligible road
mileage of all American Indians and
Alaskan Natives. For the purposes of
this calculation, eligible road mileage
shall be computed based on the
inventory described in paragraph (1),
using only facilities included in the
inventory described in clause (i),
(ii), or (iii) of paragraph (1)(B).
``(ii) 39 percent in the ratio that
the total population in each tribe
bears to the total population of all
American Indians and Alaskan Natives.
``(iii) 34 percent shall be divided
equally among each Bureau of Indian
Affairs region. Within each region,
such share of funds shall be
distributed to each Indian tribe in the
ratio that the average total relative
need distribution factors and
population adjustment factors from
fiscal years 2005 through 2011 for a
tribe bears to the average total of
relative need distribution factors and
population adjustment factors for
fiscal years 2005 through 2011 in that
region.
``(C) Tribal supplemental funding.--
``(i) Tribal supplemental funding
amount.--Of funds made available for
each fiscal year for the tribal
transportation program, the Secretary
shall set aside the following amount
for a tribal supplemental program:
``(I) If the amount made
available for the tribal
transportation program is less
than or equal to $275,000,000,
30 percent of such amount.
``(II) If the amount made
available for the tribal
transportation program exceeds
$275,000,000--
``(aa) $82,500,000;
plus
``(bb) 12.5 percent
of the amount made
available for the
tribal transportation
program in excess of
$275,000,000.
``(ii) Tribal supplemental
allocation.--The Secretary shall
distribute tribal supplemental funds as
follows:
``(I) Distribution among
regions.--Of the amounts set
aside under clause (i), the
Secretary shall distribute to
each region of the Bureau of
Indian Affairs a share of
tribal supplemental funds in
proportion to the regional
total of tribal shares based on
the cumulative tribal shares of
all Indian tribes within such
region under subparagraph (B).
``(II) Distribution within
a region.--Of the amount that a
region receives under subclause
(I), the Secretary shall
distribute tribal supplemental
funding among Indian tribes
within such region as follows:
``(aa) Tribal
supplemental amounts.--
The Secretary shall
determine--
``(AA)
which such
Indian tribes
would be
entitled under
subparagraph
(A) to receive
in a fiscal
year less
funding than
they would
receive in
fiscal year
2011 pursuant
to the relative
need
distribution
factor and
population
adjustment
factor, as
described in
subpart C of
part 170 of
title 25, Code
of Federal
Regulations (as
in effect on
the date of
enactment of
the MAP-21);
and
``(BB) the
combined amount
that such
Indian tribes
would be
entitled to
receive in
fiscal year
2011 pursuant
to such
relative need
distribution
factor and
population
adjustment
factor in
excess of the
amount that
they would be
entitled to
receive in the
fiscal year
under
subparagraph
(B).
``(bb) Combined
amount.--Subject to
subclause (III), the
Secretary shall
distribute to each
Indian tribe that meets
the criteria described
in item (aa)(AA) a
share of funding under
this subparagraph in
proportion to the share
of the combined amount
determined under item
(aa)(BB) attributable
to such Indian tribe.
``(III) Ceiling.--An Indian
tribe may not receive under
subclause (II) and based on its
tribal share under subparagraph
(A) a combined amount that
exceeds the amount that such
Indian tribe would be entitled
to receive in fiscal year 2011
pursuant to the relative need
distribution factor and
population adjustment factor,
as described in subpart C of
part 170 of title 25, Code of
Federal Regulations (as in
effect on the date of enactment
of the MAP-21).
``(IV) Other amounts.--If
the amount made available for a
region under subclause (I)
exceeds the amount distributed
among Indian tribes within that
region under subclause (II),
the Secretary shall distribute
the remainder of such region's
funding under such subclause
among all Indian tribes in that
region in proportion to the
combined amount that each such
Indian tribe received under
subparagraph (A) and subclauses
(I), (II), and (III).]
``(4) Transferred funds.--
``(A) In general.--Not later than 30 days
after the date on which funds are made
available to the Secretary of the Interior
under this paragraph, the funds shall be
distributed to, and made available for
immediate use by, eligible Indian tribes, in
accordance with the formula for distribution of
funds under the tribal transportation program.
``(B) Use of funds.--Notwithstanding any
other provision of this section, funds made
available to Indian tribes for tribal
transportation facilities shall be expended on
projects identified in a transportation
improvement program approved by the Secretary.
``(5) Health and safety assurances.--
Notwithstanding any other provision of law, an Indian
tribal government may approve plans, specifications,
and estimates and commence road and bridge construction
with funds made available from the tribal
transportation program through a contract or agreement
under Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.), if the Indian
tribal government--
``(A) provides assurances in the contract
or agreement that the construction will meet or
exceed applicable health and safety standards;
``(B) obtains the advance review of the
plans and specifications from a State-licensed
civil engineer that has certified that the
plans and specifications meet or exceed the
applicable health and safety standards; and
``(C) provides a copy of the certification
under subparagraph (A) to the Deputy Assistant
Secretary for Tribal Government Affairs,
Department of Transportation, or the Assistant
Secretary for Indian Affairs, Department of the
Interior, as appropriate.
``(6) Contracts and agreements with indian
tribes.--
``(A) In general.--Notwithstanding any
other provision of law or any interagency
agreement, program guideline, manual, or policy
directive, all funds made available through the
Secretary of the Interior under this chapter
and section 125(e) for tribal transportation
facilities to pay for the costs of programs,
services, functions, and activities, or
portions of programs, services, functions, or
activities, that are specifically or
functionally related to the cost of planning,
research, engineering, and construction of any
tribal transportation facility shall be made
available, upon request of the Indian tribal
government, to the Indian tribal government for
contracts and agreements for such planning,
research, engineering, and construction in
accordance with Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et
seq.).
``(B) Exclusion of agency participation.--
All funds, including contract support costs,
for programs, functions, services, or
activities, or portions of programs, services,
functions, or activities, including supportive
administrative functions that are otherwise
contractible to which subparagraph (A) applies,
shall be paid in accordance with subparagraph
(A), without regard to the organizational level
at which the Department of the Interior has
previously carried out such programs,
functions, services, or activities.
``(7) Contracts and agreements with indian
tribes.--
``(A) In general.--Notwithstanding any
other provision of law or any interagency
agreement, program guideline, manual, or policy
directive, all funds made available to an
Indian tribal government under this chapter for
a tribal transportation facility program or
project shall be made available, on the request
of the Indian tribal government, to the Indian
tribal government for use in carrying out, in
accordance with the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et
seq.), contracts and agreements for the
planning, research, design, engineering,
construction, and maintenance relating to the
program or project.
``(B) Exclusion of agency participation.--
In accordance with subparagraph (A), all funds,
including contract support costs, for a program
or project to which subparagraph (A) applies
shall be paid to the Indian tribal government
without regard to the organizational level at
which the Department of the Interior has
previously carried out, or the Department of
Transportation has previously carried out under
the tribal transportation program, the
programs, functions, services, or activities
involved.
``(C) Consortia.--Two or more Indian tribes
that are otherwise eligible to participate in a
program or project to which this chapter
applies may form a consortium to be considered
as a single Indian tribe for the purpose of
participating in the project under this
section.
``(D) Secretary as signatory.--
Notwithstanding any other provision of law, the
Secretary is authorized to enter into a funding
agreement with an Indian tribal government to
carry out a tribal transportation facility
program or project under subparagraph (A) that
is located on an Indian reservation or provides
access to the reservation or a community of the
Indian tribe.
``(E) Funding.--The amount an Indian tribal
government receives for a program or project
under subparagraph (A) shall equal the sum of
the funding that the Indian tribal government
would otherwise receive for the program or
project in accordance with the funding formula
established under this subsection and such
additional amounts as the Secretary determines
equal the amounts that would have been withheld
for the costs of the Bureau of Indian Affairs
for administration of the program or project.
``(F) Eligibility.--
``(i) In general.--Subject to
clause (ii) and the approval of the
Secretary, funds may be made available
under subparagraph (A) to an Indian
tribal government for a program or
project in a fiscal year only if the
Indian tribal government requesting
such funds demonstrates to the
satisfaction of the Secretary financial
stability and financial management
capability during the 3 fiscal years
immediately preceding the fiscal year
for which the request is being made.
``(ii) Considerations.--An Indian
tribal government that had no
uncorrected significant and material
audit exceptions in the required annual
audit of the contracts or self-
governance funding agreements made by
the Indian tribe with any Federal
agency under the Indian Self-
Determination and Education Assistance
Act (25 U.S.C. 450 et seq.) during the
3-fiscal year period referred in clause
(i) shall be conclusive evidence of the
financial stability and financial
management capability of the Indian
tribe for purposes of clause (i).
``(G) Assumption of functions and duties.--
An Indian tribal government receiving funding
under subparagraph (A) for a program or project
shall assume all functions and duties that the
Secretary of the Interior would have performed
with respect to a program or project under this
chapter, other than those functions and duties
that inherently cannot be legally transferred
under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et
seq.).
``(H) Powers.--An Indian tribal government
receiving funding under subparagraph (A) for a
program or project shall have all powers that
the Secretary of the Interior would have
exercised in administering the funds
transferred to the Indian tribal government for
such program or project under this section if
the funds had not been transferred, except to
the extent that such powers are powers that
inherently cannot be legally transferred under
the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
``(I) Dispute resolution.--In the event of
a disagreement between the Secretary or the
Secretary of the Interior and an Indian tribe
over whether a particular function, duty, or
power may be lawfully transferred to the Indian
tribe under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et
seq.), the Indian tribe shall have the right to
pursue all alternative dispute resolution and
appeal procedures authorized by that Act,
including regulations issued to carry out the
Act.
``(J) Termination of contract or
agreement.--On the date of the termination of a
contract or agreement under this section by an
Indian tribal government, the Secretary shall
transfer all funds that would have been
allocated to the Indian tribal government under
the contract or agreement to the Secretary of
the Interior to provide continued
transportation services in accordance with
applicable law.
``(c) Planning.--
``(1) In general.--For each fiscal year, not more
than 2 percent of the funds made available for the
tribal transportation program shall be allocated among
Indian tribal governments that apply for transportation
planning pursuant to the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
``(2) Requirement.--An Indian tribal government, in
cooperation with the Secretary of the Interior and, as
appropriate, with a State, local government, or
metropolitan planning organization, shall carry out a
transportation planning process in accordance with
section 201(c).
``(3) Selection and approval of projects.--A
project funded under this section shall be--
``(A) selected by the Indian tribal
government from the transportation improvement
program; and
``(B) subject to the approval of the
Secretary of the Interior and the Secretary.
``(d) Tribal Transportation Facility Bridges.--
``(1) Nationwide priority program.--The Secretary
shall maintain a nationwide priority program for
improving deficient bridges eligible for the tribal
transportation program.
``(2) Funding.--Before making any distribution
under subsection (b), the Secretary shall set aside not
more than 2 percent of the funds made available under
the tribal transportation program for each fiscal year
to be allocated--
``(A) to carry out any planning, design,
engineering, preconstruction, construction, and
inspection of a project to replace,
rehabilitate, seismically retrofit, paint,
apply calcium magnesium acetate, sodium
acetate/formate, or other environmentally
acceptable, minimally corrosive anti-icing and
deicing composition; or
``(B) to implement any countermeasure for
deficient tribal transportation facility
bridges, including multiple-pipe culverts.
``(3) Eligible bridges.--To be eligible to receive
funding under this subsection, a bridge described in
paragraph (1) shall--
``(A) have an opening of not less than 20
feet;
``(B) be classified as a tribal
transportation facility; and
``(C) be structurally deficient or
functionally obsolete.
``(4) Approval requirement.--The Secretary may make
funds available under this subsection for preliminary
engineering, construction, and construction engineering
activities after approval of required documentation and
verification of eligibility in accordance with this
title.
``(e) Safety.--
``(1) Funding.--Before making any distribution
under subsection (b), the Secretary shall set aside not
more than 2 percent of the funds made available under
the tribal transportation program for each fiscal year
to be allocated based on an identification and analysis
of highway safety issues and opportunities on tribal
land, as determined by the Secretary, on application of
the Indian tribal governments for eligible projects
described in section 148(a)(4).
``(2) Project selection.--An Indian tribal
government, in cooperation with the Secretary of the
Interior and, as appropriate, with a State, local
government, or metropolitan planning organization,
shall select projects from the transportation
improvement program, subject to the approval of the
Secretary and the Secretary of the Interior.
``(f) Federal-aid Eligible Projects.--Before approving as a
project on a tribal transportation facility any project
eligible for funds apportioned under section 104 in a State,
the Secretary shall, for projects on tribal transportation
facilities, determine that the obligation of funds for the
project is supplementary to and not in lieu of the obligation
of a fair and equitable share of funds apportioned to the State
under section 104.
``Sec. 203. Federal lands transportation program
``(a) Use of Funds.--
``(1) In general.--Funds made available under the
Federal lands transportation program shall be used by
the Secretary of Transportation and the Secretary of
the appropriate Federal land management agency to pay
the costs of--
``(A) program administration,
transportation planning, research, preventive
maintenance, engineering, rehabilitation,
restoration, construction, and reconstruction
of Federal lands transportation facilities,
and--
``(i) adjacent vehicular parking
areas;
``(ii) acquisition of necessary
scenic easements and scenic or historic
sites;
``(iii) provision for pedestrians
and bicycles;
``(iv) environmental mitigation in
or adjacent to Federal land open to the
public--
``(I) to improve public
safety and reduce vehicle-
caused wildlife mortality while
maintaining habitat
connectivity; and
``(II) to mitigate the
damage to wildlife, aquatic
organism passage, habitat, and
ecosystem connectivity,
including the costs of
constructing, maintaining,
replacing, or removing culverts
and bridges, as appropriate;
``(v) construction and
reconstruction of roadside rest areas,
including sanitary and water
facilities;
``(vi) congestion mitigation; and
``(vii) other appropriate public
road facilities, as determined by the
Secretary;
``(B) operation and maintenance of transit
facilities;
``(C) any transportation project eligible
for assistance under this title that is on a
public road within or adjacent to, or that
provides access to, Federal lands open to the
public; and
``(D) not more $10,000,000 of the amounts
made available per fiscal year to carry out
this section for activities eligible under
subparagraph (A)(iv).
``(2) Contract.--In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the appropriate Federal land management
agency may enter into a contract or other appropriate
agreement with respect to the activity with--
``(A) a State (including a political
subdivision of a State); or
``(B) an Indian tribe.
``(3) Administration.--All appropriations for the
construction and improvement of Federal lands
transportation facilities shall be administered in
conformity with regulations and agreements jointly
approved by the Secretary and the Secretary of the
appropriate Federal land managing agency.
``(4) Cooperation.--
``(A) In general.--The cooperation of
States, counties, or other local subdivisions
may be accepted in construction and
improvement.
``(B) Funds received.--Any funds received
from a State, county, or local subdivision
shall be credited to appropriations available
for the class of Federal lands transportation
facilities to which the funds were contributed.
``(5) Competitive bidding.--
``(A) In general.--Subject to subparagraph
(B), construction of each project shall be
performed by contract awarded by competitive
bidding.
``(B) Exception.--Subparagraph (A) shall
not apply if the Secretary or the Secretary of
the appropriate Federal land management agency
affirmatively finds that, under the
circumstances relating to the project, a
different method is in the public interest.
``(b) Agency Program Distributions.--
``(1) In general.--On October 1, 2011, and on
October 1 of each fiscal year thereafter, the Secretary
shall allocate the sums authorized to be appropriated
for the fiscal year for the Federal lands
transportation program on the basis of applications of
need, as determined by the Secretary--
``(A) in consultation with the Secretaries
of the applicable Federal land management
agencies; and
``(B) in coordination with the
transportation plans required under section 201
of the respective transportation systems of--
``(i) the National Park Service;
``(ii) the Forest Service;
``(iii) the United States Fish and
Wildlife Service;
``(iv) the Corps of Engineers; and
``(v) the Bureau of Land
Management.
``(2) Applications.--
``(A) Requirements.--Each application
submitted by a Federal land management agency
shall include proposed programs at various
potential funding levels, as defined by the
Secretary following collaborative discussions
with applicable Federal land management
agencies.
``(B) Consideration by secretary.--In
evaluating an application submitted under
subparagraph (A), the Secretary shall consider
the extent to which the programs support--
``(i) the transportation goals of--
``(I) a state of good
repair of transportation
facilities;
``(II) a reduction of
bridge deficiencies, and
``(III) an improvement of
safety;
``(ii) high-use Federal
recreational sites or Federal economic
generators; and
``(iii) the resource and asset
management goals of the Secretary of
the respective Federal land management
agency.
``(C) Permissive contents.--Applications
may include proposed programs the duration of
which extend over a multiple-year period to
support long-term transportation planning and
resource management initiatives.
``(c) National Federal Lands Transportation Facility
Inventory.--
``(1) In general.--The Secretaries of the
appropriate Federal land management agencies, in
cooperation with the Secretary, shall maintain a
comprehensive national inventory of public Federal
lands transportation facilities.
``(2) Transportation facilities included in the
inventories.--To identify the Federal lands
transportation system and determine the relative
transportation needs among Federal land management
agencies, the inventories shall include, at a minimum,
facilities that--
``(A) provide access to high-use Federal
recreation sites or Federal economic
generators, as determined by the Secretary in
coordination with the respective Secretaries of
the appropriate Federal land management
agencies; and
``(B) are owned by 1 of the following
agencies:
``(i) The National Park Service.
``(ii) The Forest Service.
``(iii) The United States Fish and
Wildlife Service.
``(iv) The Bureau of Land
Management.
``(v) The Corps of Engineers.
``(3) Availability.--The inventories shall be made
available to the Secretary.
``(4) Updates.--The Secretaries of the appropriate
Federal land management agencies shall update the
inventories of the appropriate Federal land management
agencies, as determined by the Secretary after
collaborative discussions with the Secretaries of the
appropriate Federal land management agencies.
``(5) Review.--A decision to add or remove a
facility from the inventory shall not be considered a
Federal action for purposes of review under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(d) Bicycle Safety.--The Secretary of the appropriate
Federal land management agency shall prohibit the use of
bicycles on each federally owned road that has a speed limit of
30 miles per hour or greater and an adjacent paved path for use
by bicycles within 100 yards of the road unless the Secretary
determines that the bicycle level of service on that roadway is
rated B or higher.
``Sec. 204. Federal lands access program
``(a) Use of Funds.--
``(1) In general.--Funds made available under the
Federal lands access program shall be used by the
Secretary of Transportation and the Secretary of the
appropriate Federal land management agency to pay the
cost of--
``(A) transportation planning, research,
engineering, preventive maintenance,
rehabilitation, restoration, construction, and
reconstruction of Federal lands access
transportation facilities located on or
adjacent to, or that provide access to, Federal
land, and--
``(i) adjacent vehicular parking
areas;
``(ii) acquisition of necessary
scenic easements and scenic or historic
sites;
``(iii) provisions for pedestrians
and bicycles;
``(iv) environmental mitigation in
or adjacent to Federal land to improve
public safety and reduce vehicle-caused
wildlife mortality while maintaining
habitat connectivity;
``(v) construction and
reconstruction of roadside rest areas,
including sanitary and water
facilities; and
``(vi) other appropriate public
road facilities, as determined by the
Secretary;
``(B) operation and maintenance of transit
facilities; and
``(C) any transportation project eligible
for assistance under this title that is within
or adjacent to, or that provides access to,
Federal land.
``(2) Contract.--In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the appropriate Federal land management
agency may enter into a contract or other appropriate
agreement with respect to the activity with--
``(A) a State (including a political
subdivision of a State); or
``(B) an Indian tribe.
``(3) Administration.--All appropriations for the
construction and improvement of Federal lands access
transportation facilities shall be administered in
conformity with regulations and agreements approved by
the Secretary.
``(4) Cooperation.--
``(A) In general.--The cooperation of
States, counties, or other local subdivisions
may be accepted in construction and
improvement.
``(B) Funds received.--Any funds received
from a State, county, or local subdivision for
a Federal lands access transportation facility
project shall be credited to appropriations
available under the Federal lands access
program.
``(5) Competitive bidding.--
``(A) In general.--Subject to subparagraph
(B), construction of each project shall be
performed by contract awarded by competitive
bidding.
``(B) Exception.--Subparagraph (A) shall
not apply if the Secretary or the Secretary of
the appropriate Federal land management agency
affirmatively finds that, under the
circumstances relating to the project, a
different method is in the public interest.
``(b) Program Distributions.--
``(1) In general.--Funding made available to carry
out the Federal lands access program shall be allocated
among those States that have Federal land, in
accordance with the following formula:
``(A) 80 percent of the available funding
for use in those States that contain at least
1\1/2\ percent of the total public land in the
United States managed by the agencies described
in paragraph (2), to be distributed as follows:
``(i) 30 percent in the ratio
that--
``(I) recreational
visitation within each such
State; bears to
``(II) the recreational
visitation within all such
States.
``(ii) 5 percent in the ratio
that--
``(I) the Federal land area
within each such State; bears
to
``(II) the Federal land
area in all such States.
``(iii) 55 percent in the ratio
that--
``(I) the Federal public
road miles within each such
State; bears to
``(II) the Federal public
road miles in all such States.
``(iv) 10 percent in the ratio
that--
``(I) the number of Federal
public bridges within each such
State; bears to
``(II) the number of
Federal public bridges in all
such States.
``(B) 20 percent of the available funding
for use in those States that do not contain at
least 1\1/2\ percent of the total public land
in the United States managed by the agencies
described in paragraph (2), to be distributed
as follows:
``(i) 30 percent in the ratio
that--
``(I) recreational
visitation within each such
State; bears to
``(II) the recreational
visitation within all such
States.
``(ii) 5 percent in the ratio
that--
``(I) the Federal land area
within each such State; bears
to
``(II) the Federal land
area in all such States.
``(iii) 55 percent in the ratio
that--
``(I) the Federal public
road miles within each such
State; bears to
``(II) the Federal public
road miles in all such States.
``(iv) 10 percent in the ratio
that--
``(I) the number of Federal
public bridges within each such
State; bears to
``(II) the number of
Federal public bridges in all
such States.
``(2) Data source.--Data necessary to distribute
funding under paragraph (1) shall be provided by the
following Federal land management agencies:
``(A) The National Park Service.
``(B) The Forest Service.
``(C) The United States Fish and Wildlife
Service.
``(D) The Bureau of Land Management.
``(E) The Corps of Engineers.
``(c) Programming Decisions Committee.--
``(1) In general.--Programming decisions shall be
made within each State by a committee comprised of--
``(A) a representative of the Federal
Highway Administration;
``(B) a representative of the State
Department of Transportation; and
``(C) a representative of any appropriate
political subdivision of the State.
``(2) Consultation requirement.--The committee
described in paragraph (1) shall cooperate with each
applicable Federal agency in each State before any
joint discussion or final programming decision.
``(3) Project preference.--In making a programming
decision under paragraph (1), the committee shall give
preference to projects that provide access to, are
adjacent to, or are located within high-use Federal
recreation sites or Federal economic generators, as
identified by the Secretaries of the appropriate
Federal land management agencies.''.
(b) Public Lands Development Roads and Trails.--Section 214
of title 23, United States Code, is repealed.
(c) Conforming Amendments.--
(1) Chapter 2 analysis.--The analysis for chapter 2
of title 23, United States Code, is amended--
(A) by striking the items relating to
sections 201 through 204 and inserting the
following:
``201. Federal lands and tribal transportation programs.
``202. Tribal transportation program.
``203. Federal lands transportation program.
``204. Federal lands access program.''; and
(B) by striking the item relating to
section 214.
(2) Definition.--Section 138(a) of title 23, United
States Code, is amended in the third sentence by
striking ``park road or parkway under section 204 of
this title'' and inserting ``Federal lands
transportation facility''.
(3) Rules, regulations, and recommendations.--
Section 315 of title 23, United States Code, is amended
by striking ``204(f)'' and inserting ``202(a)(5),
203(a)(3),''.
SEC. 1120. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.
Section 1301 of the SAFETEA-LU (23 U.S.C. 101 note; 119
Stat. 1198) is amended--
(1) in subsection (b), by striking ``States'' and
inserting ``eligible applicants'';
(2) in subsection (c), by striking paragraph (3)
and inserting the following:
``(3) Eligible applicant.--The term `eligible
applicant' means--
``(A) a State department of transportation
or a group of State departments of
transportation;
``(B) a tribal government or consortium of
tribal governments;
``(C) a transit agency; or
``(D) a multi-State or multi-jurisdictional
group of the agencies described in
subparagraphs (A) through (C).'';
(3) in subsection (d)(2), by striking ``75'' and
inserting ``50'';
(4) in subsection (e), by striking ``State'' and
inserting ``eligible applicant'';
(5) in subsection (f)(3) by striking subparagraph
(B) and inserting the following:
``(B) improves roadways vital to national
energy security; and'';
(6) in subsection (g)(1) by adding at the end the
following:
``(E) Congressional approval.--The
Secretary may not issue a letter of intent,
enter into a full funding grant agreement under
paragraph (2), or make any other obligation or
commitment to fund a project under this section
if a joint resolution of disapproval is enacted
disapproving funding for the project before the
last day of the 60-day period described in
subparagraph (B).'';
(7) in subsection (k), by adding at the end the
following:
``(3) Project selection justifications.--
``(A) In general.--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
Transportation and Infrastructure of the House
of Representatives and the Committee on
Environment and Public Works of the Senate a
report that describes the reasons for selecting
the project, based on the criteria described in
subsection (f).
``(B) Inclusions.--The report submitted
under subparagraph (A) shall specify each
criteria described in subsection (f) that the
project meets.
``(C) Availability.--The Secretary shall
make available on the website of the Department
the report submitted under subparagraph (A).'';
and
(8) by striking subsections (l) and (m) and
inserting the following:
``(l) Report.--
``(1) In general.--Not later than 2 years after the
date of enactment of the MAP-21, the Secretary shall
submit a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
regarding projects of national and regional
significance.
``(2) Purpose.--The purpose of the report issued
under this subsection shall be to identify projects of
national and regional significance that--
``(A) will significantly improve the
performance of the Federal-aid highway system,
nationally or regionally;
``(B) is able to--
``(i) generate national economic
benefits that reasonably exceed the
costs of the projects, including
increased access to jobs, labor, and
other critical economic inputs;
``(ii) reduce long-term congestion,
including impacts in the State, region,
and the United States, and increase
speed, reliability, and accessibility
of the movement of people or freight;
and
``(iii) improve transportation
safety, including reducing
transportation accidents, and serious
injuries and fatalities; and
``(C) can be supported by an acceptable
degree of non-Federal financial commitments.
``(3) Contents.--The report issued under this
subsection shall include--
``(A) a comprehensive list of each project
of national and regional significance that--
``(i) has been complied through a
survey of State departments of
transportation; and
``(ii) has been classified by the
Secretary as a project of regional or
national significance in accordance
with this section;
``(B) an analysis of the information
collected under paragraph (1), including a
discussion of the factors supporting each
classification of a project as a project of
regional or national significance; and
``(C) recommendations on financing for
eligible project costs.
``(m) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000,000 for
fiscal year 2013, to remain available until expended.''.
SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
(a) Construction of Ferry Boats and Ferry Terminal
Facilities.--Section 147 of title 23, United States Code, is
amended--
(1) by striking subsections (c) and (d);
(2) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(3) by inserting after subsection (b) the
following:
``(c) Distribution of Funds.--Of the amounts made available
to ferry systems and public entities responsible for developing
ferries under this section for a fiscal year, 100 percent shall
be allocated in accordance with the formula set forth in
subsection (d).
``(d) Formula.--Of the amounts allocated pursuant to
subsection (c)--
``(1) 20 percent shall be allocated among eligible
entities in the proportion that--
``(A) the number of ferry passengers
carried by each ferry system in the most recent
fiscal year; bears to
``(B) the number of ferry passengers
carried by all ferry systems in the most recent
fiscal year;
``(2) 45 percent shall be allocated among eligible
entities in the proportion that--
``(A) the number of vehicles carried by
each ferry system in the most recent fiscal
year; bears to
``(B) the number of vehicles carried by all
ferry systems in the most recent fiscal year;
and
``(3) 35 percent shall be allocated among eligible
entities in the proportion that--
``(A) the total route miles serviced by
each ferry system; bears to
``(B) the total route miles serviced by all
ferry systems.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section $67,000,000
for each of fiscal years 2013 and 2014.''.
(b) National Ferry Database.--Section 1801(e) of the
SAFETEA-LU (23 U.S.C. 129 note; Public Law 109-59) is amended--
(1) in paragraph (2), by inserting ``, including
any Federal, State, and local government funding
sources,'' after ``sources''; and
(2) in paragraph (4)--
(A) in subparagraph (B), by striking
``and'' at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D);
(C) by inserting after subparagraph (B),
the following:
``(C) ensure that the database is
consistent with the national transit database
maintained by the Federal Transit
Administration; and''; and
(D) in subparagraph (D) (as redesignated by
subparagraph (B)), by striking ``2009'' and
inserting ``2014''.
SEC. 1122. TRANSPORTATION ALTERNATIVES.
(a) In General.--Section 213 of title 23, United States
Code, is amended to read as follows:
``Sec. 213. Transportation alternatives
``(a) Reservation of Funds.--
``(1) In general.--On October 1 of each of fiscal
years 2013 and 2014, the Secretary shall proportionally
reserve from the funds apportioned to a State under
section 104(b) to carry out the requirements of this
section an amount equal to the amount obtained by
multiplying the amount determined under paragraph (2)
by the ratio that--
``(A) the amount apportioned to the State
for the transportation enhancements program for
fiscal year 2009 under section 133(d)(2), as in
effect on the day before the date of enactment
of the MAP-21; bears to
``(B) the total amount of funds apportioned
to all States for that fiscal year for the
transportation enhancements program for fiscal
year 2009.
``(2) Calculation of national amount.--The
Secretary shall determine an amount for each fiscal
year that is equal to 2 percent of the amounts
authorized to be appropriated for such fiscal year from
the Highway Trust Fund (other than the Mass Transit
Account) to carry out chapters 1, 2, 5, and 6 of this
title.
``(b) Eligible Projects.--A State may obligate the funds
reserved under this section for any of the following projects
or activities:
``(1) Transportation alternatives, as defined in
section 101.
``(2) The recreational trails program under section
206.
``(3) The safe routes to school program under
section 1404 of the SAFETEA-LU (23 U.S.C. 402 note;
Public Law 109-59).
``(4) Planning, designing, or constructing
boulevards and other roadways largely in the right-of-
way of former Interstate System routes or other divided
highways.
``(c) Allocations of Funds.--
``(1) Calculation.--Of the funds reserved in a
State under this section--
``(A) 50 percent for a fiscal year shall be
obligated under this section to any eligible
entity in proportion to their relative shares
of the population of the State--
``(i) in urbanized areas of the
State with an urbanized area population
of over 200,000;
``(ii) in areas of the State other
than urban areas with a population
greater than 5,000; and
``(iii) in other areas of the
State; and
``(B) 50 percent shall be obligated in any
area of the State.
``(2) Metropolitan areas.--Funds attributed to an
urbanized area under paragraph (1)(A)(i) may be
obligated in the metropolitan area established under
section 134 that encompasses the urbanized area.
``(3) Distribution among urbanized areas of over
200,000 population.--
``(A) In general.--Except as provided in
paragraph (1)(B), the amount of funds that a
State is required to obligate under paragraph
(1)(A)(i) shall be obligated in urbanized areas
described in paragraph (1)(A)(i) based on the
relative population of the areas.
``(B) Other factors.--A State may obligate
the funds described in subparagraph (A) based
on other factors if the State and the relevant
metropolitan planning organizations jointly
apply to the Secretary for the permission to
base the obligation on other factors and the
Secretary grants the request.
``(4) Access to funds.--
``(A) In general.--Each State or
metropolitan planning organization required to
obligate funds in accordance with paragraph (1)
shall develop a competitive process to allow
eligible entities to submit projects for
funding that achieve the objectives of this
subsection.
``(B) Definition of eligible entity.--In
this paragraph, the term `eligible entity'
means--
``(i) a local government;
``(ii) a regional transportation
authority;
``(iii) a transit agency;
``(iv) a natural resource or public
land agency;
``(v) a school district, local
education agency, or school;
``(vi) a tribal government; and
``(vii) any other local or regional
governmental entity with responsibility
for or oversight of transportation or
recreational trails (other than a
metropolitan planning organization or a
State agency) that the State determines
to be eligible, consistent with the
goals of this subsection.
``(5) Selection of projects.--For funds reserved in
a State under this section and suballocated to a
metropolitan planning area under paragraph (1)(A)(i),
each such metropolitan planning organization shall
select projects carried out within the boundaries of
the applicable metropolitan planning area, in
consultation with the relevant State.
``(d) Flexibility of Excess Reserved Funding.--Beginning in
the second fiscal year after the date of enactment of the MAP-
21, if on August 1 of that fiscal year the unobligated balance
of available funds reserved by a State under this section
exceeds 100 percent of such reserved amount in such fiscal
year, the State may thereafter obligate the amount of excess
funds for any activity--
``(1) that is eligible to receive funding under
this section; or
``(2) for which the Secretary has approved the
obligation of funds for any State under section 149.
``(e) Treatment of Projects.--Notwithstanding any other
provision of law, projects funded under this section (excluding
those carried out under subsection (f)) shall be treated as
projects on a Federal-aid highway under this chapter.
``(f) Continuation of Certain Recreational Trails
Projects.--Each State shall--
``(1) obligate an amount of funds reserved under
this section equal to the amount of the funds
apportioned to the State for fiscal year 2009 under
section 104(h)(2) for projects relating to recreational
trails under section 206;
``(2) return 1 percent of those funds to the
Secretary for the administration of that program; and
``(3) comply with the provisions of the
administration of the recreational trails program under
section 206, including the use of apportioned funds
described under subsection (d)(3)(A) of that section.
``(g) State Flexibility.--A State may opt out of the
recreational trails program under subsection (f) if the
Governor of the State notifies the Secretary not later than 30
days prior to apportionments being made for any fiscal year.''.
(b) Conforming Amendment.--The analysis for chapter 2 of
title 23, United States Code, is amended by striking the item
relating to section 213 and inserting the following:
``213. Transportation alternatives''.
SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
(a) Definitions.--In this section:
(1) Emergency or disaster.--The term ``emergency or
disaster'' means damage to a tribal transportation
facility that--
(A) renders the tribal transportation
facility impassable or unusable;
(B) is caused by--
(i) a natural disaster over a
widespread area; or
(ii) a catastrophic failure from an
external cause; and
(C) would be eligible under the emergency
relief program under section 125 of title 23,
United States Code, but does not meet the
funding thresholds required by that section.
(2) List.--The term ``list'' means the funding
priority list developed under subsection (c)(5).
(3) Program.--The term ``program'' means the Tribal
High Priority Projects program established under
subsection (b)(1).
(4) Project.--The term ``project'' means a project
provided funds under the program.
(b) Program.--
(1) In general.--The Secretary shall use amounts
made available under subsection (h) to carry out a
Tribal High Priority Projects program under which funds
shall be provided to eligible applicants in accordance
with this section.
(2) Eligible applicants.--Applicants eligible for
program funds under this section include--
(A) an Indian tribe whose annual allocation
of funding under section 202 of title 23,
United States Code, is insufficient to complete
the highest priority project of the Indian
tribe;
(B) a governmental subdivision of an Indian
tribe--
(i) that is authorized to
administer the funding of the Indian
tribe under section 202 of title 23,
United States Code; and
(ii) for which the annual
allocation under that section is
insufficient to complete the highest
priority project of the Indian tribe;
or
(C) any Indian tribe that has an emergency
or disaster with respect to a transportation
facility included on the national inventory of
tribal transportation facilities under section
202(b)(1) of title 23, United States Code.
(c) Project Applications; Funding.--
(1) In general.--To apply for funds under this
section, an eligible applicant shall submit to the
Department of the Interior or the Department an
application that includes--
(A) project scope of work, including
deliverables, budget, and timeline;
(B) the amount of funds requested;
(C) project information addressing--
(i) the ranking criteria identified
in paragraph (3); or
(ii) the nature of the emergency or
disaster;
(D) documentation that the project meets
the definition of a tribal transportation
facility and is included in the national
inventory of tribal transportation facilities
under section 202(b)(1) of title 23, United
States Code;
(E) documentation of official tribal action
requesting the project;
(F) documentation from the Indian tribe
providing authority for the Secretary of the
Interior to place the project on a
transportation improvement program if the
project is selected and approved; and
(G) any other information the Secretary of
the Interior or Secretary considers appropriate
to make a determination.
(2) Limitation on applications.--An applicant for
funds under the program may only have 1 application for
assistance under this section pending at any 1 time,
including any emergency or disaster application.
(3) Application ranking.--
(A) In general.--The Secretary of the
Interior and the Secretary shall determine the
eligibility of, and fund, program applications,
subject to the availability of funds.
(B) Ranking criteria.--The project ranking
criteria for applications under this section
shall include--
(i) the existence of safety hazards
with documented fatality and injury
accidents;
(ii) the number of years since the
Indian tribe last completed a
construction project funded by section
202 of title 23, United States Code;
(iii) the readiness of the Indian
tribe to proceed to construction or
bridge design need;
(iv) the percentage of project
costs matched by funds that are not
provided under section 202 of title 23,
United States Code, with projects with
a greater percentage of other sources
of matching funds ranked ahead of
lesser matches);
(v) the amount of funds requested,
with requests for lesser amounts given
greater priority;
(vi) the challenges caused by
geographic isolation; and
(vii) all weather access for
employment, commerce, health, safety,
educational resources, or housing.
(4) Project scoring matrix.--The project scoring
matrix established in the appendix to part 170 of title
25, Code of Regulations (as in effect on the date of
enactment of this Act) shall be used to rank all
applications accepted under this section.
(5) Funding priority list.--
(A) In general.--The Secretary of the
Interior and the Secretary shall jointly
produce a funding priority list that ranks the
projects approved for funding under the
program.
(B) Limitation.--The number of projects on
the list shall be limited by the amount of
funding made available.
(6) Timeline.--The Secretary of the Interior and
the Secretary shall--
(A) require applications for funding no
sooner than 60 days after funding is made
available pursuant to subsection (a);
(B) notify all applicants and Regions in
writing of acceptance of applications;
(C) rank all accepted applications in
accordance with the project scoring matrix,
develop the funding priority list, and return
unaccepted applications to the applicant with
an explanation of deficiencies;
(D) notify all accepted applicants of the
projects included on the funding priority list
no later than 180 days after the application
deadline has passed pursuant to subparagraph
(A); and
(E) distribute funds to successful
applicants.
(d) Emergency or Disaster Project Applications.--
(1) In general.--Notwithstanding subsection (c)(6),
an eligible applicant may submit an emergency or
disaster project application at any time during the
fiscal year.
(2) Consideration as priority.--The Secretary
shall--
(A) consider project applications submitted
under paragraph (1) to be a priority; and
(B) fund the project applications in
accordance with paragraph (3).
(3) Funding.--
(A) In general.--If an eligible applicant
submits an application for a project under this
subsection before the issuance of the list
under subsection (c)(5) and the project is
determined to be eligible for program funds,
the Secretary of the Interior shall provide
funding for the project before providing
funding for other approved projects on the
list.
(B) Submission after issuance of list.--If
an eligible applicant submits an application
under this subsection after the issuance of the
list under subsection (c)(5) and the
distribution of program funds in accordance
with the list, the Secretary of the Interior
shall provide funding for the project on the
date on which unobligated funds provided to
projects on the list are returned to the
Department of the Interior.
(C) Effect on other projects.--If the
Secretary of the Interior uses funding
previously designated for a project on the list
to fund an emergency or disaster project under
this subsection, the project on the list that
did not receive funding as a result of the
redesignation of funds shall move to the top of
the list the following year.
(4) Emergency or disaster project cost.--The cost
of a project submitted as an emergency or disaster
under this subsection shall be at least 10 percent of
the distribution of funds of the Indian tribe under
section 202(b) of title 23, United States Code.
(e) Limitation on Use of Funds.--Program funds shall not be
used for--
(1) transportation planning;
(2) research;
(3) routine maintenance activities;
(4) structures and erosion protection unrelated to
transportation and roadways;
(5) general reservation planning not involving
transportation;
(6) landscaping and irrigation systems not
involving transportation programs and projects;
(7) work performed on projects that are not
included on a transportation improvement program
approved by the Federal Highway Administration, unless
otherwise authorized by the Secretary of the Interior
and the Secretary;
(8) the purchase of equipment unless otherwise
authorized by Federal law; or
(9) the condemnation of land for recreational
trails.
(f) Limitation on Project Amounts.--Project funding shall
be limited to a maximum of $1,000,000 per application, except
that funding for disaster or emergency projects shall also be
limited to the estimated cost of repairing damage to the tribal
transportation facility.
(g) Cost Estimate Certification.--All cost estimates
prepared for a project shall be required to be submitted by the
applicant to the Secretary of the Interior and the Secretary
for certification and approval.
(h) Authorization of Appropriations.--
(1) In general.--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 2013 and 2014.
(2) Administration.--The funds made available under
paragraph (1) shall be administered in the same manner
as funds made available for the tribal transportation
program under section 202 of title 23, United States
Code, except that--
(A) the funds made available for the
program shall remain available until September
30 of the third fiscal year after the year
appropriated; and
(B) the Federal share of the cost of a
project shall be 100 percent.
Subtitle B--Performance Management
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.
(a) In General.--Section 134 of title 23, United States
Code, is amended to read as follows:
``Sec. 134. Metropolitan transportation planning
``(a) Policy.--It is in the national interest--
``(1) to encourage and promote the safe and
efficient management, operation, and development of
surface transportation systems that will serve the
mobility needs of people and freight and foster
economic growth and development within and between
States and urbanized areas, while minimizing
transportation-related fuel consumption and air
pollution through metropolitan and statewide
transportation planning processes identified in this
chapter; and
``(2) to encourage the continued improvement and
evolution of the metropolitan and statewide
transportation planning processes by metropolitan
planning organizations, State departments of
transportation, and public transit operators as guided
by the planning factors identified in subsection (h)
and section 135(d).
``(b) Definitions.--In this section and section 135, the
following definitions apply:
``(1) Metropolitan planning area.--The term
`metropolitan planning area' means the geographic area
determined by agreement between the metropolitan
planning organization for the area and the Governor
under subsection (e).
``(2) Metropolitan planning organization.--The term
`metropolitan planning organization' means the policy
board of an organization established as a result of the
designation process under subsection (d).
``(3) Nonmetropolitan area.--The term
`nonmetropolitan area' means a geographic area outside
designated metropolitan planning areas.
``(4) Nonmetropolitan local official.--The term
`nonmetropolitan local official' means elected and
appointed officials of general purpose local government
in a nonmetropolitan area with responsibility for
transportation.
``(5) Regional transportation planning
organization.--The term `regional transportation
planning organization' means a policy board of an
organization established as the result of a designation
under section 135(m).
``(6) TIP.--The term `TIP' means a transportation
improvement program developed by a metropolitan
planning organization under subsection (j).
``(7) Urbanized area.--The term `urbanized area'
means a geographic area with a population of 50,000 or
more, as determined by the Bureau of the Census.
``(c) General Requirements.--
``(1) Development of long-range plans and tips.--To
accomplish the objectives in subsection (a),
metropolitan planning organizations designated under
subsection (d), in cooperation with the State and
public transportation operators, shall develop long-
range transportation plans and transportation
improvement programs through a performance-driven,
outcome-based approach to planning for metropolitan
areas of the State.
``(2) Contents.--The plans and TIPs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways and bicycle transportation facilities) that
will function as an intermodal transportation system
for the metropolitan planning area and as an integral
part of an intermodal transportation system for the
State and the United States.
``(3) Process of development.--The process for
developing the plans and TIPs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
``(d) Designation of Metropolitan Planning Organizations.--
``(1) In general.--To carry out the transportation
planning process required by this section, a
metropolitan planning organization shall be designated
for each urbanized area with a population of more than
50,000 individuals--
``(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census); or
``(B) in accordance with procedures
established by applicable State or local law.
``(2) Structure.--Not later than 2 years after the
date of enactment of MAP-21, each metropolitan planning
organization that serves an area designated as a
transportation management area shall consist of--
``(A) local elected officials;
``(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area,
including representation by providers of public
transportation; and
``(C) appropriate State officials.
``(3) Limitation on statutory construction.--
Nothing in this subsection shall be construed to
interfere with the authority, under any State law in
effect on December 18, 1991, of a public agency with
multimodal transportation responsibilities--
``(A) to develop the plans and TIPs for
adoption by a metropolitan planning
organization; and
``(B) to develop long-range capital plans,
coordinate transit services and projects, and
carry out other activities pursuant to State
law.
``(4) Continuing designation.--A designation of a
metropolitan planning organization under this
subsection or any other provision of law shall remain
in effect until the metropolitan planning organization
is redesignated under paragraph (5).
``(5) Redesignation procedures.--
``(A) In general.--A metropolitan planning
organization may be redesignated by agreement
between the Governor and units of general
purpose local government that together
represent at least 75 percent of the existing
planning area population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census) as
appropriate to carry out this section.
``(B) Restructuring.--A metropolitan
planning organization may be restructured to
meet the requirements of paragraph (2) without
undertaking a redesignation.
``(6) Designation of more than 1 metropolitan
planning organization.--More than 1 metropolitan
planning organization may be designated within an
existing metropolitan planning area only if the
Governor and the existing metropolitan planning
organization determine that the size and complexity of
the existing metropolitan planning area make
designation of more than 1 metropolitan planning
organization for the area appropriate.
``(e) Metropolitan Planning Area Boundaries.--
``(1) In general.--For the purposes of this
section, the boundaries of a metropolitan planning area
shall be determined by agreement between the
metropolitan planning organization and the Governor.
``(2) Included area.--Each metropolitan planning
area--
``(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period for the transportation plan; and
``(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
``(3) Identification of new urbanized areas within
existing planning area boundaries.--The designation by
the Bureau of the Census of new urbanized areas within
an existing metropolitan planning area shall not
require the redesignation of the existing metropolitan
planning organization.
``(4) Existing metropolitan planning areas in
nonattainment.--
``(A) In general.--Notwithstanding
paragraph (2), except as provided in
subparagraph (B), in the case of an urbanized
area designated as a nonattainment area for
ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.) as of the date of
enactment of the SAFETEA-LU, the boundaries of
the metropolitan planning area in existence as
of such date of enactment shall be retained.
``(B) Exception.--The boundaries described
in subparagraph (A) may be adjusted by
agreement of the Governor and affected
metropolitan planning organizations in the
manner described in subsection (d)(5).
``(5) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of the SAFETEA-
LU, as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning
area--
``(A) shall be established in the manner
described in subsection (d)(1);
``(B) shall encompass the areas described
in paragraph (2)(A);
``(C) may encompass the areas described in
paragraph (2)(B); and
``(D) may address any nonattainment area
identified under the Clean Air Act (42 U.S.C.
7401 et seq.) for ozone or carbon monoxide.
``(f) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage
each Governor with responsibility for a portion of a
multistate metropolitan area and the appropriate
metropolitan planning organizations to provide
coordinated transportation planning for the entire
metropolitan area.
``(2) Interstate compacts.--The consent of Congress
is granted to any 2 or more States--
``(A) to enter into agreements or compacts,
not in conflict with any law of the United
States, for cooperative efforts and mutual
assistance in support of activities authorized
under this section as the activities pertain to
interstate areas and localities within the
States; and
``(B) to establish such agencies, joint or
otherwise, as the States may determine
desirable for making the agreements and
compacts effective.
``(3) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
``(g) MPO Consultation in Plan and TIP Coordination.--
``(1) Nonattainment areas.--If more than 1
metropolitan planning organization has authority within
a metropolitan area or an area which is designated as a
nonattainment area for ozone or carbon monoxide under
the Clean Air Act (42 U.S.C. 7401 et seq.), each
metropolitan planning organization shall consult with
the other metropolitan planning organizations
designated for such area and the State in the
coordination of plans and TIPs required by this
section.
``(2) Transportation improvements located in
multiple mpos.--If a transportation improvement, funded
from the Highway Trust Fund or authorized under chapter
53 of title 49, is located within the boundaries of
more than 1 metropolitan planning area, the
metropolitan planning organizations shall coordinate
plans and TIPs regarding the transportation
improvement.
``(3) Relationship with other planning officials.--
``(A) In general.--The Secretary shall
encourage each metropolitan planning
organization to consult with officials
responsible for other types of planning
activities that are affected by transportation
in the area (including State and local planned
growth, economic development, environmental
protection, airport operations, and freight
movements) or to coordinate its planning
process, to the maximum extent practicable,
with such planning activities.
``(B) Requirements.--Under the metropolitan
planning process, transportation plans and TIPs
shall be developed with due consideration of
other related planning activities within the
metropolitan area, and the process shall
provide for the design and delivery of
transportation services within the metropolitan
area that are provided by--
``(i) recipients of assistance
under chapter 53 of title 49;
``(ii) governmental agencies and
nonprofit organizations (including
representatives of the agencies and
organizations) that receive Federal
assistance from a source other than the
Department of Transportation to provide
nonemergency transportation services;
and
``(iii) recipients of assistance
under section 204.
``(h) Scope of Planning Process.--
``(1) In general.--The metropolitan planning
process for a metropolitan planning area under this
section shall provide for consideration of projects and
strategies that will--
``(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
``(B) increase the safety of the
transportation system for motorized and
nonmotorized users;
``(C) increase the security of the
transportation system for motorized and
nonmotorized users;
``(D) increase the accessibility and
mobility of people and for freight;
``(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
``(F) enhance the integration and
connectivity of the transportation system,
across and between modes, for people and
freight;
``(G) promote efficient system management
and operation; and
``(H) emphasize the preservation of the
existing transportation system.
``(2) Performance-based approach.--
``(A) In general.--The metropolitan
transportation planning process shall provide
for the establishment and use of a performance-
based approach to transportation decisionmaking
to support the national goals described in
section 150(b) of this title and in section
5301(c) of title 49.
``(B) Performance targets.--
``(i) Surface transportation
performance targets.--
``(I) In general.--Each
metropolitan planning
organization shall establish
performance targets that
address the performance
measures described in section
150(c), where applicable, to
use in tracking progress
towards attainment of critical
outcomes for the region of the
metropolitan planning
organization.
``(II) Coordination.--
Selection of performance
targets by a metropolitan
planning organization shall be
coordinated with the relevant
State to ensure consistency, to
the maximum extent practicable.
``(ii) Public transportation
performance targets.--Selection of
performance targets by a metropolitan
planning organization shall be
coordinated, to the maximum extent
practicable, with providers of public
transportation to ensure consistency
with sections 5326(c) and 5329(d) of
title 49.
``(C) Timing.--Each metropolitan planning
organization shall establish the performance
targets under subparagraph (B) not later than
180 days after the date on which the relevant
State or provider of public transportation
establishes the performance targets.
``(D) Integration of other performance-
based plans.--A metropolitan planning
organization shall integrate in the
metropolitan transportation planning process,
directly or by reference, the goals,
objectives, performance measures, and targets
described in other State transportation plans
and transportation processes, as well as any
plans developed under chapter 53 of title 49 by
providers of public transportation, required as
part of a performance-based program.
``(3) Failure to consider factors.--The failure to
consider any factor specified in paragraphs (1) and (2)
shall not be reviewable by any court under this title
or chapter 53 of title 49, subchapter II of chapter 5
of title 5, or chapter 7 of title 5 in any matter
affecting a transportation plan, a TIP, a project or
strategy, or the certification of a planning process.
``(i) Development of Transportation Plan.--
``(1) Requirements.--
``(A) In general.--Each metropolitan
planning organization shall prepare and update
a transportation plan for its metropolitan
planning area in accordance with the
requirements of this subsection.
``(B) Frequency.--
``(i) In general.--The metropolitan
planning organization shall prepare and
update such plan every 4 years (or more
frequently, if the metropolitan
planning organization elects to update
more frequently) in the case of each of
the following:
``(I) Any area designated
as nonattainment, as defined in
section 107(d) of the Clean Air
Act (42 U.S.C. 7407(d)).
``(II) Any area that was
nonattainment and subsequently
designated to attainment in
accordance with section
107(d)(3) of that Act (42
U.S.C. 7407(d)(3)) and that is
subject to a maintenance plan
under section 175A of that Act
(42 U.S.C. 7505a).
``(ii) Other areas.--In the case of
any other area required to have a
transportation plan in accordance with
the requirements of this subsection,
the metropolitan planning organization
shall prepare and update such plan
every 5 years unless the metropolitan
planning organization elects to update
more frequently.
``(2) Transportation plan.--A transportation plan
under this section shall be in a form that the
Secretary determines to be appropriate and shall
contain, at a minimum, the following:
``(A) Identification of transportation
facilities.--
``(i) In general.--An
identification of transportation
facilities (including major roadways,
transit, multimodal and intermodal
facilities, nonmotorized transportation
facilities, and intermodal connectors)
that should function as an integrated
metropolitan transportation system,
giving emphasis to those facilities
that serve important national and
regional transportation functions.
``(ii) Factors.--In formulating the
transportation plan, the metropolitan
planning organization shall consider
factors described in subsection (h) as
the factors relate to a 20-year
forecast period.
``(B) Performance measures and targets.--A
description of the performance measures and
performance targets used in assessing the
performance of the transportation system in
accordance with subsection (h)(2).
``(C) System performance report.--A system
performance report and subsequent updates
evaluating the condition and performance of the
transportation system with respect to the
performance targets described in subsection
(h)(2), including--
``(i) progress achieved by the
metropolitan planning organization in
meeting the performance targets in
comparison with system performance
recorded in previous reports; and
``(ii) for metropolitan planning
organizations that voluntarily elect to
develop multiple scenarios, an analysis
of how the preferred scenario has
improved the conditions and performance
of the transportation system and how
changes in local policies and
investments have impacted the costs
necessary to achieve the identified
performance targets.
``(D) Mitigation activities.--
``(i) In general.--A long-range
transportation plan shall include a
discussion of types of potential
environmental mitigation activities and
potential areas to carry out these
activities, including activities that
may have the greatest potential to
restore and maintain the environmental
functions affected by the plan.
``(ii) Consultation.--The
discussion shall be developed in
consultation with Federal, State, and
tribal wildlife, land management, and
regulatory agencies.
``(E) Financial plan.--
``(i) In general.--A financial plan
that--
``(I) demonstrates how the
adopted transportation plan can
be implemented;
``(II) indicates resources
from public and private sources
that are reasonably expected to
be made available to carry out
the plan; and
``(III) recommends any
additional financing strategies
for needed projects and
programs.
``(ii) Inclusions.--The financial
plan may include, for illustrative
purposes, additional projects that
would be included in the adopted
transportation plan if reasonable
additional resources beyond those
identified in the financial plan were
available.
``(iii) Cooperative development.--
For the purpose of developing the
transportation plan, the metropolitan
planning organization, transit
operator, and State shall cooperatively
develop estimates of funds that will be
available to support plan
implementation.
``(F) Operational and management
strategies.--Operational and management
strategies to improve the performance of
existing transportation facilities to relieve
vehicular congestion and maximize the safety
and mobility of people and goods.
``(G) Capital investment and other
strategies.--Capital investment and other
strategies to preserve the existing and
projected future metropolitan transportation
infrastructure and provide for multimodal
capacity increases based on regional priorities
and needs.
``(H) Transportation and transit
enhancement activities.--Proposed
transportation and transit enhancement
activities.
``(3) Coordination with clean air act agencies.--In
metropolitan areas that are in nonattainment for ozone
or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the metropolitan planning organization
shall coordinate the development of a transportation
plan with the process for development of the
transportation control measures of the State
implementation plan required by that Act.
``(4) Optional scenario development.--
``(A) In general.--A metropolitan planning
organization may, while fitting the needs and
complexity of its community, voluntarily elect
to develop multiple scenarios for consideration
as part of the development of the metropolitan
transportation plan, in accordance with
subparagraph (B).
``(B) Recommended components.--A
metropolitan planning organization that chooses
to develop multiple scenarios under
subparagraph (A) shall be encouraged to
consider--
``(i) potential regional investment
strategies for the planning horizon;
``(ii) assumed distribution of
population and employment;
``(iii) a scenario that, to the
maximum extent practicable, maintains
baseline conditions for the performance
measures identified in subsection
(h)(2);
``(iv) a scenario that improves the
baseline conditions for as many of the
performance measures identified in
subsection (h)(2) as possible;
``(v) revenue constrained scenarios
based on the total revenues expected to
be available over the forecast period
of the plan; and
``(vi) estimated costs and
potential revenues available to support
each scenario.
``(C) Metrics.--In addition to the
performance measures identified in section
150(c), metropolitan planning organizations may
evaluate scenarios developed under this
paragraph using locally-developed measures.
``(5) Consultation.--
``(A) In general.--In each metropolitan
area, the metropolitan planning organization
shall consult, as appropriate, with State and
local agencies responsible for land use
management, natural resources, environmental
protection, conservation, and historic
preservation concerning the development of a
long-range transportation plan.
``(B) Issues.--The consultation shall
involve, as appropriate--
``(i) comparison of transportation
plans with State conservation plans or
maps, if available; or
``(ii) comparison of transportation
plans to inventories of natural or
historic resources, if available.
``(6) Participation by interested parties.--
``(A) In general.--Each metropolitan
planning organization shall provide citizens,
affected public agencies, representatives of
public transportation employees, freight
shippers, providers of freight transportation
services, private providers of transportation,
representatives of users of public
transportation, representatives of users of
pedestrian walkways and bicycle transportation
facilities, representatives of the disabled,
and other interested parties with a reasonable
opportunity to comment on the transportation
plan.
``(B) Contents of participation plan.--A
participation plan--
``(i) shall be developed in
consultation with all interested
parties; and
``(ii) shall provide that all
interested parties have reasonable
opportunities to comment on the
contents of the transportation plan.
``(C) Methods.--In carrying out
subparagraph (A), the metropolitan planning
organization shall, to the maximum extent
practicable--
``(i) hold any public meetings at
convenient and accessible locations and
times;
``(ii) employ visualization
techniques to describe plans; and
``(iii) make public information
available in electronically accessible
format and means, such as the World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).
``(7) Publication.--A transportation plan involving
Federal participation shall be published or otherwise
made readily available by the metropolitan planning
organization for public review, including (to the
maximum extent practicable) in electronically
accessible formats and means, such as the World Wide
Web, approved by the metropolitan planning organization
and submitted for information purposes to the Governor
at such times and in such manner as the Secretary shall
establish.
``(8) Selection of projects from illustrative
list.--Notwithstanding paragraph (2)(C), a State or
metropolitan planning organization shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (2)(C).
``(j) Metropolitan TIP.--
``(1) Development.--
``(A) In general.--In cooperation with the
State and any affected public transportation
operator, the metropolitan planning
organization designated for a metropolitan area
shall develop a TIP for the metropolitan
planning area that--
``(i) contains projects consistent
with the current metropolitan
transportation plan;
``(ii) reflects the investment
priorities established in the current
metropolitan transportation plan; and
``(iii) once implemented, is
designed to make progress toward
achieving the performance targets
established under subsection (h)(2).
``(B) Opportunity for comment.--In
developing the TIP, the metropolitan planning
organization, in cooperation with the State and
any affected public transportation operator,
shall provide an opportunity for participation
by interested parties in the development of the
program, in accordance with subsection (i)(5).
``(C) Funding estimates.--For the purpose
of developing the TIP, the metropolitan
planning organization, public transportation
agency, and State shall cooperatively develop
estimates of funds that are reasonably expected
to be available to support program
implementation.
``(D) Updating and approval.--The TIP shall
be--
``(i) updated at least once every 4
years; and
``(ii) approved by the metropolitan
planning organization and the Governor.
``(2) Contents.--
``(A) Priority list.--The TIP shall include
a priority list of proposed Federally supported
projects and strategies to be carried out
within each 4-year period after the initial
adoption of the TIP.
``(B) Financial plan.--The TIP shall
include a financial plan that--
``(i) demonstrates how the TIP can
be implemented;
``(ii) indicates resources from
public and private sources that are
reasonably expected to be available to
carry out the program;
``(iii) identifies innovative
financing techniques to finance
projects, programs, and strategies; and
``(iv) may include, for
illustrative purposes, additional
projects that would be included in the
approved TIP if reasonable additional
resources beyond those identified in
the financial plan were available.
``(C) Descriptions.--Each project in the
TIP shall include sufficient descriptive
material (such as type of work, termini,
length, and other similar factors) to identify
the project or phase of the project.
``(D) Performance target achievement.--The
transportation improvement program shall
include, to the maximum extent practicable, a
description of the anticipated effect of the
transportation improvement program toward
achieving the performance targets established
in the metropolitan transportation plan,
linking investment priorities to those
performance targets.
``(3) Included projects.--
``(A) Projects under this title and chapter
53 of title 49.--A TIP developed under this
subsection for a metropolitan area shall
include the projects within the area that are
proposed for funding under chapter 1 of this
title and chapter 53 of title 49.
``(B) Projects under chapter 2.--
``(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the transportation
improvement program.
``(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
``(C) Consistency with long-range
transportation plan.--Each project shall be
consistent with the long-range transportation
plan developed under subsection (i) for the
area.
``(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project or the identified
phase within the time period contemplated for
completion of the project or the identified
phase.
``(4) Notice and comment.--Before approving a TIP,
a metropolitan planning organization, in cooperation
with the State and any affected public transportation
operator, shall provide an opportunity for
participation by interested parties in the development
of the program, in accordance with subsection (i)(5).
``(5) Selection of projects.--
``(A) In general.--Except as otherwise
provided in subsection (k)(4) and in addition
to the TIP development required under paragraph
(1), the selection of Federally funded projects
in metropolitan areas shall be carried out,
from the approved TIP--
``(i) by--
``(I) in the case of
projects under this title, the
State; and
``(II) in the case of
projects under chapter 53 of
title 49, the designated
recipients of public
transportation funding; and
``(ii) in cooperation with the
metropolitan planning organization.
``(B) Modifications to project priority.--
Notwithstanding any other provision of law,
action by the Secretary shall not be required
to advance a project included in the approved
TIP in place of another project in the program.
``(6) Selection of projects from illustrative
list.--
``(A) No required selection.--
Notwithstanding paragraph (2)(B)(iv), a State
or metropolitan planning organization shall not
be required to select any project from the
illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv).
``(B) Required action by the secretary.--
Action by the Secretary shall be required for a
State or metropolitan planning organization to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv) for
inclusion in an approved TIP.
``(7) Publication.--
``(A) Publication of tips.--A TIP involving
Federal participation shall be published or
otherwise made readily available by the
metropolitan planning organization for public
review.
``(B) Publication of annual listings of
projects.--
``(i) In general.--An annual
listing of projects, including
investments in pedestrian walkways and
bicycle transportation facilities, for
which Federal funds have been obligated
in the preceding year shall be
published or otherwise made available
by the cooperative effort of the State,
transit operator, and metropolitan
planning organization for public
review.
``(ii) Requirement.--The listing
shall be consistent with the categories
identified in the TIP.
``(k) Transportation Management Areas.--
``(1) Identification and designation.--
``(A) Required identification.--The
Secretary shall identify as a transportation
management area each urbanized area (as defined
by the Bureau of the Census) with a population
of over 200,000 individuals.
``(B) Designations on request.--The
Secretary shall designate any additional area
as a transportation management area on the
request of the Governor and the metropolitan
planning organization designated for the area.
``(2) Transportation plans.--In a transportation
management area, transportation plans shall be based on
a continuing and comprehensive transportation planning
process carried out by the metropolitan planning
organization in cooperation with the State and public
transportation operators.
``(3) Congestion management process.--
``(A) In general.--Within a metropolitan
planning area serving a transportation
management area, the transportation planning
process under this section shall address
congestion management through a process that
provides for effective management and
operation, based on a cooperatively developed
and implemented metropolitan-wide strategy, of
new and existing transportation facilities
eligible for funding under this title and
chapter 53 of title 49 through the use of
travel demand reduction and operational
management strategies.
``(B) Schedule.--The Secretary shall
establish an appropriate phase-in schedule for
compliance with the requirements of this
section but no sooner than 1 year after the
identification of a transportation management
area.
``(4) Selection of projects.--
``(A) In general.--All Federally funded
projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area under this title
(excluding projects carried out on the National
Highway System) or under chapter 53 of title 49
shall be selected for implementation from the
approved TIP by the metropolitan planning
organization designated for the area in
consultation with the State and any affected
public transportation operator.
``(B) National highway system projects.--
Projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area on the National
Highway System shall be selected for
implementation from the approved TIP by the
State in cooperation with the metropolitan
planning organization designated for the area.
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan
planning process of a metropolitan
planning organization serving a
transportation management area is being
carried out in accordance with
applicable provisions of Federal law;
and
``(ii) subject to subparagraph (B),
certify, not less often than once every
4 years, that the requirements of this
paragraph are met with respect to the
metropolitan planning process.
``(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
``(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law; and
``(ii) there is a TIP for the
metropolitan planning area that has
been approved by the metropolitan
planning organization and the Governor.
``(C) Effect of failure to certify.--
``(i) Withholding of project
funds.--If a metropolitan planning
process of a metropolitan planning
organization serving a transportation
management area is not certified, the
Secretary may withhold up to 20 percent
of the funds attributable to the
metropolitan planning area of the
metropolitan planning organization for
projects funded under this title and
chapter 53 of title 49.
``(ii) Restoration of withheld
funds.--The withheld funds shall be
restored to the metropolitan planning
area at such time as the metropolitan
planning process is certified by the
Secretary.
``(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.
``(l) Report on Performance-based Planning Processes.--
``(1) In general.--The Secretary shall submit to
Congress a report on the effectiveness of the
performance-based planning processes of metropolitan
planning organizations under this section, taking into
consideration the requirements of this subsection
``(2) Report.--Not later than 5 years after the
date of enactment of the MAP-21, the Secretary shall
submit to Congress a report evaluating--
``(A) the overall effectiveness of
performance-based planning as a tool for
guiding transportation investments;
``(B) the effectiveness of the performance-
based planning process of each metropolitan
planning organization under this section;
``(C) the extent to which metropolitan
planning organizations have achieved, or are
currently making substantial progress toward
achieving, the performance targets specified
under this section and whether metropolitan
planning organizations are developing
meaningful performance targets; and
``(D) the technical capacity of
metropolitan planning organizations that
operate within a metropolitan planning area of
less than 200,000 and their ability to carry
out the requirements of this section.
``(3) Publication.--The report under paragraph (2)
shall be published or otherwise made available in
electronically accessible formats and means, including
on the Internet.
``(m) Abbreviated Plans for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the
case of a metropolitan area not designated as a
transportation management area under this section, the
Secretary may provide for the development of an
abbreviated transportation plan and TIP for the
metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of
this section, taking into account the complexity of
transportation problems in the area.
``(2) Nonattainment areas.--The Secretary may not
permit abbreviated plans or TIPs for a metropolitan
area that is in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.).
``(n) Additional Requirements for Certain Nonattainment
Areas.--
``(1) In general.--Notwithstanding any other
provisions of this title or chapter 53 of title, for
transportation management areas classified as
nonattainment for ozone or carbon monoxide pursuant to
the Clean Air Act (42 U.S.C. 7401 et seq.), Federal
funds may not be advanced in such area for any highway
project that will result in a significant increase in
the carrying capacity for single-occupant vehicles
unless the project is addressed through a congestion
management process.
``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (e).
``(o) Limitation on Statutory Construction.--Nothing in
this section shall be construed to confer on a metropolitan
planning organization the authority to impose legal
requirements on any transportation facility, provider, or
project not eligible under this title or chapter 53 of title
49.
``(p) Funding.--Funds set aside under section 104(f) of
this title or section 5305(g) of title 49 shall be available to
carry out this section.
``(q) Continuation of Current Review Practice.--Since plans
and TIPs described in this section are subject to a reasonable
opportunity for public comment, since individual projects
included in plans and TIPs are subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and since decisions by the Secretary concerning plans
and TIPs described in this section have not been reviewed under
that Act as of January 1, 1997, any decision by the Secretary
concerning a plan or TIP described in this section shall not be
considered to be a Federal action subject to review under that
Act.''.
(b) Study on Metropolitan Planning Scenario Development.--
(1) In general.--The Secretary shall evaluate the
costs and benefits associated with metropolitan
planning organizations developing multiple scenarios
for consideration as a part of the development of their
metropolitan transportation plan.
(2) Inclusions.--The evaluation shall include an
analysis of the technical and financial capacity of the
metropolitan planning organization needed to develop
scenarios described in paragraph (1).
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
(a) In General.--Section 135 of title 23, United States
Code, is amended to read as follows:
``Sec. 135. Statewide and nonmetropolitan transportation planning
``(a) General Requirements.--
``(1) Development of plans and programs.--Subject
to section 134, to accomplish the objectives stated in
section 134(a), each State shall develop a statewide
transportation plan and a statewide transportation
improvement program for all areas of the State.
``(2) Contents.--The statewide transportation plan
and the transportation improvement program developed
for each State shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways and bicycle transportation facilities) that
will function as an intermodal transportation system
for the State and an integral part of an intermodal
transportation system for the United States.
``(3) Process of development.--The process for
developing the statewide plan and the transportation
improvement program shall provide for consideration of
all modes of transportation and the policies stated in
section 134(a) and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on
the complexity of the transportation problems to be
addressed.
``(b) Coordination With Metropolitan Planning; State
Implementation Plan.--A State shall--
``(1) coordinate planning carried out under this
section with the transportation planning activities
carried out under section 134 for metropolitan areas of
the State and with statewide trade and economic
development planning activities and related multistate
planning efforts; and
``(2) develop the transportation portion of the
State implementation plan as required by the Clean Air
Act (42 U.S.C. 7401 et seq.).
``(c) Interstate Agreements.--
``(1) In general.--Two or more States may enter
into agreements or compacts, not in conflict with any
law of the United States, for cooperative efforts and
mutual assistance in support of activities authorized
under this section related to interstate areas and
localities in the States and establishing authorities
the States consider desirable for making the agreements
and compacts effective.
``(2) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
``(d) Scope of Planning Process.--
``(1) In general.--Each State shall carry out a
statewide transportation planning process that provides
for consideration and implementation of projects,
strategies, and services that will--
``(A) support the economic vitality of the
United States, the States, nonmetropolitan
areas, and metropolitan areas, especially by
enabling global competitiveness, productivity,
and efficiency;
``(B) increase the safety of the
transportation system for motorized and
nonmotorized users;
``(C) increase the security of the
transportation system for motorized and
nonmotorized users;
``(D) increase the accessibility and
mobility of people and freight;
``(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
``(F) enhance the integration and
connectivity of the transportation system,
across and between modes throughout the State,
for people and freight;
``(G) promote efficient system management
and operation; and
``(H) emphasize the preservation of the
existing transportation system.
``(2) Performance-based approach.--
``(A) In general.--The statewide
transportation planning process shall provide
for the establishment and use of a performance-
based approach to transportation decisionmaking
to support the national goals described in
section 150(b) of this title and in section
5301(c) of title 49.
``(B) Performance targets.--
``(i) Surface transportation
performance targets.--
``(I) In general.--Each
State shall establish
performance targets that
address the performance
measures described in section
150(c), where applicable, to
use in tracking progress
towards attainment of critical
outcomes for the State.
``(II) Coordination.--
Selection of performance
targets by a State shall be
coordinated with the relevant
metropolitan planning
organizations to ensure
consistency, to the maximum
extent practicable.
``(ii) Public transportation
performance targets.--In urbanized
areas not represented by a metropolitan
planning organization, selection of
performance targets by a State shall be
coordinated, to the maximum extent
practicable, with providers of public
transportation to ensure consistency
with sections 5326(c) and 5329(d) of
title 49.
``(C) Integration of other performance-
based plans.--A State shall integrate into the
statewide transportation planning process,
directly or by reference, the goals,
objectives, performance measures, and targets
described in this paragraph, in other State
transportation plans and transportation
processes, as well as any plans developed
pursuant to chapter 53 of title 49 by providers
of public transportation in urbanized areas not
represented by a metropolitan planning
organization required as part of a performance-
based program.
``(D) Use of performance measures and
targets.--The performance measures and targets
established under this paragraph shall be
considered by a State when developing policies,
programs, and investment priorities reflected
in the statewide transportation plan and
statewide transportation improvement program.
``(3) Failure to consider factors.--The failure to
take into consideration the factors specified in
paragraphs (1) and (2) shall not be subject to review
by any court under this title, chapter 53 of title 49,
subchapter II of chapter 5 of title 5, or chapter 7 of
title 5 in any matter affecting a statewide
transportation plan, a statewide transportation
improvement program, a project or strategy, or the
certification of a planning process.
``(e) Additional Requirements.--In carrying out planning
under this section, each State shall, at a minimum--
``(1) with respect to nonmetropolitan areas,
cooperate with affected local officials with
responsibility for transportation or, if applicable,
through regional transportation planning organizations
described in subsection (m);
``(2) consider the concerns of Indian tribal
governments and Federal land management agencies that
have jurisdiction over land within the boundaries of
the State; and
``(3) consider coordination of transportation
plans, the transportation improvement program, and
planning activities with related planning activities
being carried out outside of metropolitan planning
areas and between States.
``(f) Long-range Statewide Transportation Plan.--
``(1) Development.--Each State shall develop a
long-range statewide transportation plan, with a
minimum 20-year forecast period for all areas of the
State, that provides for the development and
implementation of the intermodal transportation system
of the State.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--The statewide
transportation plan shall be developed for each
metropolitan area in the State in cooperation
with the metropolitan planning organization
designated for the metropolitan area under
section 134.
``(B) Nonmetropolitan areas.--
``(i) In general.--With respect to
nonmetropolitan areas, the statewide
transportation plan shall be developed
in cooperation with affected
nonmetropolitan officials with
responsibility for transportation or,
if applicable, through regional
transportation planning organizations
described in subsection (m).
``(ii) Role of secretary.--The
Secretary shall not review or approve
the consultation process in each State.
``(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the statewide
transportation plan shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
``(D) Consultation, comparison, and
consideration.--
``(i) In general.--The long-range
transportation plan shall be developed,
as appropriate, in consultation with
State, tribal, and local agencies
responsible for land use management,
natural resources, environmental
protection, conservation, and historic
preservation.
``(ii) Comparison and
consideration.--Consultation under
clause (i) shall involve comparison of
transportation plans to State and
tribal conservation plans or maps, if
available, and comparison of
transportation plans to inventories of
natural or historic resources, if
available.
``(3) Participation by interested parties.--
``(A) In general.--In developing the
statewide transportation plan, the State shall
provide to--
``(i) nonmetropolitan local elected
officials or, if applicable, through
regional transportation planning
organizations described in subsection
(m), an opportunity to participate in
accordance with subparagraph (B)(i);
and
``(ii) citizens, affected public
agencies, representatives of public
transportation employees, freight
shippers, private providers of
transportation, representatives of
users of public transportation,
representatives of users of pedestrian
walkways and bicycle transportation
facilities, representatives of the
disabled, providers of freight
transportation services, and other
interested parties a reasonable
opportunity to comment on the proposed
plan.
``(B) Methods.--In carrying out
subparagraph (A), the State shall, to the
maximum extent practicable--
``(i) develop and document a
consultative process to carry out
subparagraph (A)(i) that is separate
and discrete from the public
involvement process developed under
clause (ii);
``(ii) hold any public meetings at
convenient and accessible locations and
times;
``(iii) employ visualization
techniques to describe plans; and
``(iv) make public information
available in electronically accessible
format and means, such as the World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).
``(4) Mitigation activities.--
``(A) In general.--A long-range
transportation plan shall include a discussion
of potential environmental mitigation
activities and potential areas to carry out
these activities, including activities that may
have the greatest potential to restore and
maintain the environmental functions affected
by the plan.
``(B) Consultation.--The discussion shall
be developed in consultation with Federal,
State, and tribal wildlife, land management,
and regulatory agencies.
``(5) Financial plan.--The statewide transportation
plan may include--
``(A) a financial plan that--
``(i) demonstrates how the adopted
statewide transportation plan can be
implemented;
``(ii) indicates resources from
public and private sources that are
reasonably expected to be made
available to carry out the plan; and
``(iii) recommends any additional
financing strategies for needed
projects and programs; and
``(B) for illustrative purposes, additional
projects that would be included in the adopted
statewide transportation plan if reasonable
additional resources beyond those identified in
the financial plan were available.
``(6) Selection of projects from illustrative
list.--A State shall not be required to select any
project from the illustrative list of additional
projects included in the financial plan described in
paragraph (5).
``(7) Performance-based approach.--The statewide
transportation plan should include--
``(A) a description of the performance
measures and performance targets used in
assessing the performance of the transportation
system in accordance with subsection (d)(2);
and
``(B) a system performance report and
subsequent updates evaluating the condition and
performance of the transportation system with
respect to the performance targets described in
subsection (d)(2), including progress achieved
by the metropolitan planning organization in
meeting the performance targets in comparison
with system performance recorded in previous
reports;
``(8) Existing system.--The statewide
transportation plan should include capital, operations
and management strategies, investments, procedures, and
other measures to ensure the preservation and most
efficient use of the existing transportation system.
``(9) Publication of long-range transportation
plans.--Each long-range transportation plan prepared by
a State shall be published or otherwise made available,
including (to the maximum extent practicable) in
electronically accessible formats and means, such as
the World Wide Web.
``(g) Statewide Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--Each State shall develop
a statewide transportation improvement program
for all areas of the State.
``(B) Duration and updating of program.--
Each program developed under subparagraph (A)
shall cover a period of 4 years and shall be
updated every 4 years or more frequently if the
Governor of the State elects to update more
frequently.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--With respect to
each metropolitan area in the State, the
program shall be developed in cooperation with
the metropolitan planning organization
designated for the metropolitan area under
section 134.
``(B) Nonmetropolitan areas.--
``(i) In general.--With respect to
each nonmetropolitan area in the State,
the program shall be developed in
consultation with affected
nonmetropolitan local officials with
responsibility for transportation or,
if applicable, through regional
transportation planning organizations
described in subsection (m).
``(ii) Role of secretary.--The
Secretary shall not review or approve
the specific consultation process in
the State.
``(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the program
shall be developed in consultation with the
tribal government and the Secretary of the
Interior.
``(3) Participation by interested parties.--In
developing the program, the State shall provide
citizens, affected public agencies, representatives of
public transportation employees, freight shippers,
private providers of transportation, providers of
freight transportation services, representatives of
users of public transportation, representatives of
users of pedestrian walkways and bicycle transportation
facilities, representatives of the disabled, and other
interested parties with a reasonable opportunity to
comment on the proposed program.
``(4) Performance target achievement.--A statewide
transportation improvement program shall include, to
the maximum extent practicable, a discussion of the
anticipated effect of the statewide transportation
improvement program toward achieving the performance
targets established in the statewide transportation
plan, linking investment priorities to those
performance targets.
``(5) Included projects.--
``(A) In general.--A transportation
improvement program developed under this
subsection for a State shall include Federally
supported surface transportation expenditures
within the boundaries of the State.
``(B) Listing of projects.--
``(i) In general.--An annual
listing of projects for which funds
have been obligated for the preceding
year in each metropolitan planning area
shall be published or otherwise made
available by the cooperative effort of
the State, transit operator, and the
metropolitan planning organization for
public review.
``(ii) Funding categories.--The
listing described in clause (i) shall
be consistent with the funding
categories identified in each
metropolitan transportation improvement
program.
``(C) Projects under chapter 2.--
``(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the transportation
improvement program.
``(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
``(D) Consistency with statewide
transportation plan.--Each project shall be--
``(i) consistent with the statewide
transportation plan developed under
this section for the State;
``(ii) identical to the project or
phase of the project as described in an
approved metropolitan transportation
plan; and
``(iii) in conformance with the
applicable State air quality
implementation plan developed under the
Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an
area designated as a nonattainment area
for ozone, particulate matter, or
carbon monoxide under part D of title I
of that Act (42 U.S.C. 7501 et seq.).
``(E) Requirement of anticipated full
funding.--The transportation improvement
program shall include a project, or an
identified phase of a project, only if full
funding can reasonably be anticipated to be
available for the project within the time
period contemplated for completion of the
project.
``(F) Financial plan.--
``(i) In general.--The
transportation improvement program may
include a financial plan that
demonstrates how the approved
transportation improvement program can
be implemented, indicates resources
from public and private sources that
are reasonably expected to be made
available to carry out the
transportation improvement program, and
recommends any additional financing
strategies for needed projects and
programs.
``(ii) Additional projects.--The
financial plan may include, for
illustrative purposes, additional
projects that would be included in the
adopted transportation plan if
reasonable additional resources beyond
those identified in the financial plan
were available.
``(G) Selection of projects from
illustrative list.--
``(i) No required selection.--
Notwithstanding subparagraph (F), a
State shall not be required to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F).
``(ii) Required action by the
secretary.--Action by the Secretary
shall be required for a State to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F)
for inclusion in an approved
transportation improvement program.
``(H) Priorities.--The transportation
improvement program shall reflect the
priorities for programming and expenditures of
funds, including transportation enhancement
activities, required by this title and chapter
53 of title 49.
``(6) Project selection for areas of less than
50,000 population.--
``(A) In general.--Projects carried out in
areas with populations of less than 50,000
individuals shall be selected, from the
approved transportation improvement program
(excluding projects carried out on the National
Highway System and projects carried out under
the bridge program or the Interstate
maintenance program under this title or under
sections 5310 and 5311 of title 49), by the
State in cooperation with the affected
nonmetropolitan local officials with
responsibility for transportation or, if
applicable, through regional transportation
planning organizations described in subsection
(m).
``(B) Other projects.--Projects carried out
in areas with populations of less than 50,000
individuals on the National Highway System or
under the bridge program or the Interstate
maintenance program under this title or under
sections 5310, 5311, 5316, and 5317 of title 49
shall be selected, from the approved statewide
transportation improvement program, by the
State in consultation with the affected
nonmetropolitan local officials with
responsibility for transportation.
``(7) Transportation improvement program
approval.--Every 4 years, a transportation improvement
program developed under this subsection shall be
reviewed and approved by the Secretary if based on a
current planning finding.
``(8) Planning finding.--A finding shall be made by
the Secretary at least every 4 years that the
transportation planning process through which statewide
transportation plans and programs are developed is
consistent with this section and section 134.
``(9) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a
project included in the approved transportation
improvement program in place of another project in the
program.
``(h) Performance-based Planning Processes Evaluation.--
``(1) In general.--The Secretary shall establish
criteria to evaluate the effectiveness of the
performance-based planning processes of States, taking
into consideration the following:
``(A) The extent to which the State is
making progress toward achieving, the
performance targets described in subsection
(d)(2), taking into account whether the State
developed appropriate performance targets.
``(B) The extent to which the State has
made transportation investments that are
efficient and cost-effective.
``(C) The extent to which the State--
``(i) has developed an investment
process that relies on public input and
awareness to ensure that investments
are transparent and accountable; and
``(ii) provides reports allowing
the public to access the information
being collected in a format that allows
the public to meaningfully assess the
performance of the State.
``(2) Report.--
``(A) In general.--Not later than 5 years
after the date of enactment of the MAP-21, the
Secretary shall submit to Congress a report
evaluating--
``(i) the overall effectiveness of
performance-based planning as a tool
for guiding transportation investments;
and
``(ii) the effectiveness of the
performance-based planning process of
each State.
``(B) Publication.--The report under
subparagraph (A) shall be published or
otherwise made available in electronically
accessible formats and means, including on the
Internet.
``(i) Funding.--Funds apportioned under section 104(b)(5)
of this title and set aside under section 5305(g) of title 49
shall be available to carry out this section.
``(j) Treatment of Certain State Laws as Congestion
Management Processes.--For purposes of this section and section
134, and sections 5303 and 5304 of title 49, State laws, rules,
or regulations pertaining to congestion management systems or
programs may constitute the congestion management process under
this section and section 134, and sections 5303 and 5304 of
title 49, if the Secretary finds that the State laws, rules, or
regulations are consistent with, and fulfill the intent of, the
purposes of this section and section 134 and sections 5303 and
5304 of title 49, as appropriate.
``(k) Continuation of Current Review Practice.--Since the
statewide transportation plan and the transportation
improvement program described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the statewide transportation plans and the
transportation improvement program are subject to review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and since decisions by the Secretary concerning
statewide transportation plans or the transportation
improvement program described in this section have not been
reviewed under that Act as of January 1, 1997, any decision by
the Secretary concerning a metropolitan or statewide
transportation plan or the transportation improvement program
described in this section shall not be considered to be a
Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(l) Schedule for Implementation.--The Secretary shall
issue guidance on a schedule for implementation of the changes
made by this section, taking into consideration the established
planning update cycle for States. The Secretary shall not
require a State to deviate from its established planning update
cycle to implement changes made by this section. States shall
reflect changes made to their transportation plan or
transportation improvement program updates not later than 2
years after the date of issuance of guidance by the Secretary
under this subsection.
``(m) Designation of Regional Transportation Planning
Organizations.--
``(1) In general.--To carry out the transportation
planning process required by this section, a State may
establish and designate regional transportation
planning organizations to enhance the planning,
coordination, and implementation of statewide strategic
long-range transportation plans and transportation
improvement programs, with an emphasis on addressing
the needs of nonmetropolitan areas of the State.
``(2) Structure.--A regional transportation
planning organization shall be established as a
multijurisdictional organization of nonmetropolitan
local officials or their designees who volunteer for
such organization and representatives of local
transportation systems who volunteer for such
organization.
``(3) Requirements.--A regional transportation
planning organization shall establish, at a minimum--
``(A) a policy committee, the majority of
which shall consist of nonmetropolitan local
officials, or their designees, and, as
appropriate, additional representatives from
the State, private business, transportation
service providers, economic development
practitioners, and the public in the region;
and
``(B) a fiscal and administrative agent,
such as an existing regional planning and
development organization, to provide
professional planning, management, and
administrative support.
``(4) Duties.--The duties of a regional
transportation planning organization shall include--
``(A) developing and maintaining, in
cooperation with the State, regional long-range
multimodal transportation plans;
``(B) developing a regional transportation
improvement program for consideration by the
State;
``(C) fostering the coordination of local
planning, land use, and economic development
plans with State, regional, and local
transportation plans and programs;
``(D) providing technical assistance to
local officials;
``(E) participating in national,
multistate, and State policy and planning
development processes to ensure the regional
and local input of nonmetropolitan areas;
``(F) providing a forum for public
participation in the statewide and regional
transportation planning processes;
``(G) considering and sharing plans and
programs with neighboring regional
transportation planning organizations,
metropolitan planning organizations, and, where
appropriate, tribal organizations; and
``(H) conducting other duties, as
necessary, to support and enhance the statewide
planning process under subsection (d).
``(5) States without regional transportation
planning organizations.--If a State chooses not to
establish or designate a regional transportation
planning organization, the State shall consult with
affected nonmetropolitan local officials to determine
projects that may be of regional significance.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 135 and inserting the following:
``135. Statewide and nonmetropolitan transportation planning.''.
SEC. 1203. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.
(a) In General.--Section 150 of title 23, United States
Code, is amended to read as follows:
``Sec. 150. National goals and performance management measures
``(a) Declaration of Policy.--Performance management will
transform the Federal-aid highway program and provide a means
to the most efficient investment of Federal transportation
funds by refocusing on national transportation goals,
increasing the accountability and transparency of the Federal-
aid highway program, and improving project decisionmaking
through performance-based planning and programming.
``(b) National Goals.--It is in the interest of the United
States to focus the Federal-aid highway program on the
following national goals:
``(1) Safety.--To achieve a significant reduction
in traffic fatalities and serious injuries on all
public roads.
``(2) Infrastructure condition.--To maintain the
highway infrastructure asset system in a state of good
repair.
``(3) Congestion reduction.--To achieve a
significant reduction in congestion on the National
Highway System.
``(4) System reliability.--To improve the
efficiency of the surface transportation system.
``(5) Freight movement and economic vitality.--To
improve the national freight network, strengthen the
ability of rural communities to access national and
international trade markets, and support regional
economic development.
``(6) Environmental sustainability.--To enhance the
performance of the transportation system while
protecting and enhancing the natural environment.
``(7) Reduced project delivery delays.--To reduce
project costs, promote jobs and the economy, and
expedite the movement of people and goods by
accelerating project completion through eliminating
delays in the project development and delivery process,
including reducing regulatory burdens and improving
agencies' work practices.
``(c) Establishment of Performance Measures.--
``(1) In general.--Not later than 18 months after
the date of enactment of the MAP-21, the Secretary, in
consultation with State departments of transportation,
metropolitan planning organizations, and other
stakeholders, shall promulgate a rulemaking that
establishes performance measures and standards.
``(2) Administration.--In carrying out paragraph
(1), the Secretary shall--
``(A) provide States, metropolitan planning
organizations, and other stakeholders not less
than 90 days to comment on any regulation
proposed by the Secretary under that paragraph;
``(B) take into consideration any comments
relating to a proposed regulation received
during that comment period; and
``(C) limit performance measures only to
those described in this subsection.
``(3) National highway performance program.--
``(A) In general.--Subject to subparagraph
(B), for the purpose of carrying out section
119, the Secretary shall establish --
``(i) minimum standards for States
to use in developing and operating
bridge and pavement management systems;
``(ii) measures for States to use
to assess--
``(I) the condition of
pavements on the Interstate
system;
``(II) the condition of
pavements on the National
Highway System (excluding the
Interstate);
``(III) the condition of
bridges on the National Highway
System;
``(IV) the performance of
the Interstate System; and
``(V) the performance of
the National Highway System
(excluding the Interstate
System);
``(iii) minimum levels for the
condition of pavement on the Interstate
System, only for the purposes of
carrying out section 119(f)(1); and
``(iv) the data elements that are
necessary to collect and maintain
standardized data to carry out a
performance-based approach.
``(B) Regions.--In establishing minimum
condition levels under subparagraph (A)(iii),
if the Secretary determines that various
geographic regions of the United States
experience disparate factors contributing to
the condition of pavement on the Interstate
System in those regions, the Secretary may
establish different minimum levels for each
region;
``(4) Highway safety improvement program.--For the
purpose of carrying out section 148, the Secretary
shall establish measures for States to use to assess--
``(A) serious injuries and fatalities per
vehicle mile traveled; and
``(B) the number of serious injuries and
fatalities.
``(5) Congestion mitigation and air quality
program.--For the purpose of carrying out section 149,
the Secretary shall establish measures for States to
use to assess--
``(A) traffic congestion; and
``(B) on-road mobile source emissions.
``(6) National freight movement.--The Secretary
shall establish measures for States to use to assess
freight movement on the Interstate System.
``(d) Establishment of Performance Targets.--
``(1) In general.--Not later than 1 year after the
Secretary has promulgated the final rulemaking under
subsection (c), each State shall set performance
targets that reflect the measures identified in
paragraphs (3), (4), (5), and (6) of subsection (c).
``(2) Different approaches for urban and rural
areas.--In the development and implementation of any
performance target, a State may, as appropriate,
provide for different performance targets for urbanized
and rural areas.
``(e) Reporting on Performance Targets.--Not later than 4
years after the date of enactment of the MAP-21 and biennially
thereafter, a State shall submit to the Secretary a report that
describes--
``(1) the condition and performance of the National
Highway System in the State;
``(2) the effectiveness of the investment strategy
document in the State asset management plan for the
National Highway System;
``(3) progress in achieving performance targets
identified under subsection (d); and
``(4) the ways in which the State is addressing
congestion at freight bottlenecks, including those
identified in the National Freight Strategic Plan,
within the State.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 150 and inserting the following:
``150. National goals and performance management measures.''.
Subtitle C--Acceleration of Project Delivery
SEC. 1301. DECLARATION OF POLICY AND PROJECT DELIVERY INITIATIVE.
(a) In General.--It is the policy of the United States
that--
(1) it is in the national interest for the
Department, State departments of transportation,
transit agencies, and all other recipients of Federal
transportation funds--
(A) to accelerate project delivery and
reduce costs; and
(B) to ensure that the planning, design,
engineering, construction, and financing of
transportation projects is done in an efficient
and effective manner, promoting accountability
for public investments and encouraging greater
private sector involvement in project financing
and delivery while enhancing safety and
protecting the environment;
(2) delay in the delivery of transportation
projects increases project costs, harms the economy of
the United States, and impedes the travel of the people
of the United States and the shipment of goods for the
conduct of commerce; and
(3) the Secretary shall identify and promote the
deployment of innovation aimed at reducing the time and
money required to deliver transportation projects while
enhancing safety and protecting the environment.
(b) Project Delivery Initiative.--
(1) In general.--To advance the policy described in
subsection (a), the Secretary shall carry out a project
delivery initiative under this section.
(2) Purposes.--The purposes of the project delivery
initiative shall be--
(A) to develop and advance the use of best
practices to accelerate project delivery and
reduce costs across all modes of transportation
and expedite the deployment of technology and
innovation;
(B) to implement provisions of law designed
to accelerate project delivery; and
(C) to select eligible projects for
applying experimental features to test
innovative project delivery techniques.
(3) Advancing the use of best practices.--
(A) In general.--In carrying out the
initiative under this section, the Secretary
shall identify and advance best practices to
reduce delivery time and project costs, from
planning through construction, for
transportation projects and programs of
projects regardless of mode and project size.
(B) Administration.--To advance the use of
best practices, the Secretary shall--
(i) engage interested parties,
affected communities, resource
agencies, and other stakeholders to
gather information regarding
opportunities for accelerating project
delivery and reducing costs;
(ii) establish a clearinghouse for
the collection, documentation, and
advancement of existing and new
innovative approaches and best
practices;
(iii) disseminate information
through a variety of means to
transportation stakeholders on new
innovative approaches and best
practices; and
(iv) provide technical assistance
to assist transportation stakeholders
in the use of flexibility authority to
resolve project delays and accelerate
project delivery if feasible.
(4) Implementation of accelerated project
delivery.--The Secretary shall ensure that the
provisions of this subtitle designed to accelerate
project delivery are fully implemented, including--
(A) expanding eligibility of early
acquisition of property prior to completion of
environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(B) allowing the use of the construction
manager or general contractor method of
contracting in the Federal-aid highway system;
and
(C) establishing a demonstration program to
streamline the relocation process by permitting
a lump-sum payment for acquisition and
relocation if elected by the displaced
occupant.
(c) Expedited Project Delivery.--Section 101(b) of title
23, United States Code, is amended by adding at the end the
following:
``(4) Expedited project delivery.--
``(A) In general.--Congress declares that
it is in the national interest to expedite the
delivery of surface transportation projects by
substantially reducing the average length of
the environmental review process.
``(B) Policy of the united states.--
Accordingly, it is the policy of the United
States that--
``(i) the Secretary shall have the
lead role among Federal agencies in
carrying out the environmental review
process for surface transportation
projects;
``(ii) each Federal agency shall
cooperate with the Secretary to
expedite the environmental review
process for surface transportation
projects;
``(iii) project sponsors shall not
be prohibited from carrying out
preconstruction project development
activities concurrently with the
environmental review process;
``(iv) programmatic approaches
shall be used to reduce the need for
project-by-project reviews and
decisions by Federal agencies; and
``(v) the Secretary shall identify
opportunities for project sponsors to
assume responsibilities of the
Secretary where such responsibilities
can be assumed in a manner that
protects public health, the
environment, and public
participation.''.
SEC. 1302. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS.
(a) Real Property Interests.--Section 108 of title 23,
United States Code, is amended--
(1) by striking ``real property'' each place it
appears and inserting ``real property interests'';
(2) by striking ``right-of-way'' each place it
appears and inserting ``real property interest''; and
(3) by striking ``rights-of-way'' each place it
appears and inserting ``real property interests''.
(b) State-funded Early Acquisition of Real Property
Interests.--Section 108(c) of title 23, United States Code, is
amended--
(1) in the subsection heading, by striking ``Early
Acquisition of Rights-of-way'' and inserting ``State-
funded Early Acquisition of Real Property Interests'';
(2) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(3) in paragraph (2) (as so redesignated)--
(A) in the heading, by striking ``General
rule'' and inserting ``Eligibility for
reimbursement''; and
(B) by striking ``Subject to paragraph
(2)'' and inserting ``Subject to paragraph
(3)'';
(4) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) In general.--A State may carry out, at the
expense of the State, acquisitions of interests in real
property for a project before completion of the review
process required for the project under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) without affecting subsequent approvals required
for the project by the State or any Federal agency.'';
and
(5) in paragraph (3) (as so redesignated)--
(A) in the matter preceding subparagraph
(A), by striking ``in paragraph (1)'' and
inserting ``in paragraph (2)''; and
(B) in subparagraph (G), by striking ``both
the Secretary and the Administrator of the
Environmental Protection Agency have
concurred'' and inserting ``the Secretary has
determined''.
(c) Federally Funded Acquisition of Real Property
Interests.--Section 108 of title 23, United States Code, is
amended by adding at the end the following:
``(d) Federally Funded Early Acquisition of Real Property
Interests.--
``(1) Definition of acquisition of a real property
interest.--In this subsection, the term `acquisition of
a real property interest' includes the acquisition of--
``(A) any interest in land;
``(B) a contractual right to acquire any
interest in land; or
``(C) any other similar action to acquire
or preserve rights-of-way for a transportation
facility.
``(2) Authorization.--The Secretary may authorize
the use of funds apportioned to a State under this
title for the acquisition of a real property interest
by a State.
``(3) State certification.--A State requesting
Federal funding for an acquisition of a real property
interest shall certify in writing, with concurrence by
the Secretary, that--
``(A) the State has authority to acquire
the real property interest under State law; and
``(B) the acquisition of the real property
interest--
``(i) is for a transportation
purpose;
``(ii) will not cause any
significant adverse environmental
impact;
``(iii) will not limit the choice
of reasonable alternatives for the
project or otherwise influence the
decision of the Secretary on any
approval required for the project;
``(iv) does not prevent the lead
agency from making an impartial
decision as to whether to accept an
alternative that is being considered in
the environmental review process;
``(v) is consistent with the State
transportation planning process under
section 135;
``(vi) complies with other
applicable Federal laws (including
regulations);
``(vii) will be acquired through
negotiation, without the threat of
condemnation; and
``(viii) will not result in a
reduction or elimination of benefits or
assistance to a displaced person
required by the Uniform Relocation
Assistance and Real Property
Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.) and title VI of
the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
``(4) Environmental compliance.--
``(A) In general.--Before authorizing
Federal funding for an acquisition of a real
property interest, the Secretary shall complete
the review process under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to the acquisition
of the real property interest.
``(B) Independent utility.--The acquisition
of a real property interest--
``(i) shall be treated as having
independent utility for purposes of the
review process under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
``(ii) shall not limit
consideration of alternatives for
future transportation improvements with
respect to the real property interest.
``(5) Programming.--
``(A) In general.--The acquisition of a
real property interest for which Federal
funding is requested shall be included as a
project in an applicable transportation
improvement program under sections 134 and 135
and sections 5303 and 5304 of title 49.
``(B) Acquisition project.--The acquisition
project may consist of the acquisition of a
specific parcel, a portion of a transportation
corridor, or an entire transportation corridor.
``(6) Development.--Real property interests
acquired under this subsection may not be developed in
anticipation of a project until all required
environmental reviews for the project have been
completed.
``(7) Reimbursement.--If Federal-aid reimbursement
is made for real property interests acquired early
under this section and the real property interests are
not subsequently incorporated into a project eligible
for surface transportation funds within the time
allowed by subsection (a)(2), the Secretary shall
offset the amount reimbursed against funds apportioned
to the State.
``(8) Other requirements and conditions.--
``(A) Applicable law.--The acquisition of a
real property interest shall be carried out in
compliance with all requirements applicable to
the acquisition of real property interests for
federally funded transportation projects.
``(B) Additional conditions.--The Secretary
may establish such other conditions or
restrictions on acquisitions under this
subsection as the Secretary determines to be
appropriate.''.
SEC. 1303. LETTING OF CONTRACTS.
(a) Efficiencies in Contracting.--Section 112(b) of title
23, United States Code, is amended by adding at the end the
following:
``(4) Method of contracting.--
``(A) In general.--
``(i) 2-phase contract.--A
contracting agency may award a 2-phase
contract to a construction manager or
general contractor for preconstruction
and construction services.
``(ii) Preconstruction services
phase.--In the preconstruction services
phase of a contract under this
paragraph, the contractor shall provide
the contracting agency with advice for
scheduling, work sequencing, cost
engineering, constructability, cost
estimating, and risk identification.
``(iii) Agreement.--Prior to the
start of the construction services
phase, the contracting agency and the
contractor may agree to a price and
other factors specified in regulation
for the construction of the project or
a portion of the project.
``(iv) Construction phase.--If an
agreement is reached under clause
(iii), the contractor shall be
responsible for the construction of the
project or portion of the project at
the negotiated price and in compliance
with the other factors specified in the
agreement.
``(B) Selection.--A contract shall be
awarded to a contractor under this paragraph
using a competitive selection process based on
qualifications, experience, best value, or any
other combination of factors considered
appropriate by the contracting agency.
``(C) Timing.--
``(i) Relationship to nepa
process.--Prior to the completion of
the environmental review process
required under section 102 of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332), a contracting
agency may--
``(I) issue requests for
proposals;
``(II) proceed with the
award of a contract for
preconstruction services under
subparagraph (A)(ii); and
``(III) issue notices to
proceed with a preliminary
design and any work related to
preliminary design, to the
extent that those actions do
not limit any reasonable range
of alternatives.
``(ii) Construction services
phase.--A contracting agency shall not
proceed with the award of the
construction services phase of a
contract under subparagraph (A)(iv) and
shall not proceed, or permit any
consultant or contractor to proceed,
with final design or construction until
completion of the environmental review
process required under section 102 of
the National Environmental Policy Act
of 1969 (42 U.S.C. 4332).
``(iii) Approval requirement.--
Prior to authorizing construction
activities, the Secretary shall
approve--
``(I) the price estimate of
the contracting agency for the
entire project; and
``(II) any price agreement
with the general contractor for
the project or a portion of the
project.
``(iv) Design activities.--
``(I) In general.--A
contracting agency may proceed,
at the expense of the
contracting agency, with design
activities at any level of
detail for a project before
completion of the review
process required for the
project under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)
without affecting subsequent
approvals required for the
project.
``(II) Reimbursement.--
Design activities carried out
under subclause (I) shall be
eligible for Federal
reimbursement as a project
expense in accordance with the
requirements under section
109(r).
``(v) Termination provision.--The
Secretary shall require a contract to
include an appropriate termination
provision in the event that a no-build
alternative is selected.''.
(b) Regulations.--The Secretary shall promulgate such
regulations as are necessary to carry out the amendment made by
subsection (a).
(c) Effect on Experimental Program.--Nothing in this
section or the amendment made by this section affects the
authority to carry out, or any project carried out under, any
experimental program concerning construction manager risk that
is being carried out by the Secretary as of the date of
enactment of this Act.
SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS.
(a) Declaration of Policy.--
(1) In general.--Congress declares that it is in
the national interest to promote the use of innovative
technologies and practices that increase the efficiency
of construction of, improve the safety of, and extend
the service life of highways and bridges.
(2) Inclusions.--The innovative technologies and
practices described in paragraph (1) include state-of-
the-art intelligent transportation system technologies,
elevated performance standards, and new highway
construction business practices that improve highway
safety and quality, accelerate project delivery, and
reduce congestion related to highway construction.
(b) Federal Share.--Section 120(c) of title 23, United
States Code, is amended by adding at the end the following:
``(3) Innovative project delivery.--
``(A) In general.--Except as provided in
subparagraph (C), the Federal share payable on
account of a project, program, or activity
carried out with funds apportioned under
paragraph (1), (2), or (5) of section 104(b)
may, at the discretion of the State, be up to
100 percent for any such project, program, or
activity that the Secretary determines--
``(i) contains innovative project
delivery methods that improve work zone
safety for motorists or workers and the
quality of the facility;
``(ii) contains innovative
technologies, manufacturing processes,
financing, or contracting methods that
improve the quality of, extend the
service life of, or decrease the long-
term costs of maintaining highways and
bridges;
``(iii) accelerates project
delivery while complying with other
applicable Federal laws (including
regulations) and not causing any
significant adverse environmental
impact; or
``(iv) reduces congestion related
to highway construction.
``(B) Examples.--Projects, programs, and
activities described in subparagraph (A) may
include the use of--
``(i) prefabricated bridge elements
and systems and other technologies to
reduce bridge construction time;
``(ii) innovative construction
equipment, materials, or techniques,
including the use of in-place recycling
technology and digital 3-dimensional
modeling technologies;
``(iii) innovative contracting
methods, including the design-build and
the construction manager-general
contractor contracting methods;
``(iv) intelligent compaction
equipment; or
``(v) contractual provisions that
offer a contractor an incentive payment
for early completion of the project,
program, or activity, subject to the
condition that the incentives are
accounted for in the financial plan of
the project, when applicable.
``(C) Limitations.--
``(i) In general.--In each fiscal
year, a State may use the authority
under subparagraph (A) for up to 10
percent of the combined apportionments
of the State under paragraphs (1), (2),
and (5) of section 104(b).
``(ii) Federal share increase.--The
Federal share payable on account of a
project, program, or activity described
in subparagraph (A) may be increased by
up to 5 percent of the total project
cost.''.
SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.
(a) Flexibility.--Section 139(b) of title 23, United States
Code, is amended--
(1) in paragraph (2) by inserting ``, and any
requirements established under this section may be
satisfied,'' after ``exercised''; and
(2) by adding at the end the following:
``(3) Programmatic compliance.--
``(A) In general.--The Secretary shall
initiate a rulemaking to allow for the use of
programmatic approaches to conduct
environmental reviews that--
``(i) eliminate repetitive
discussions of the same issues;
``(ii) focus on the actual issues
ripe for analyses at each level of
review; and
``(iii) are consistent with--
``(I) the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
and
``(II) other applicable
laws.
``(B) Requirements.--In carrying out
subparagraph (A), the Secretary shall--
``(i) before initiating the
rulemaking under that subparagraph,
consult with relevant Federal agencies
and State resource agencies, State
departments of transportation, Indian
tribes, and the public on the
appropriate use and scope of the
programmatic approaches;
``(ii) emphasize the importance of
collaboration among relevant Federal
agencies, State agencies, and Indian
tribes in undertaking programmatic
reviews, especially with respect to
including reviews with a broad
geographic scope;
``(iii) ensure that the
programmatic reviews--
``(I) promote transparency,
including of the analyses and
data used in the environmental
reviews, the treatment of any
deferred issues raised by
agencies or the public, and the
temporal and special scales to
be used to analyze such issues;
``(II) use accurate and
timely information in reviews,
including--
``(aa) criteria for
determining the general
duration of the
usefulness of the
review; and
``(bb) the timeline
for updating any out-
of-date review;
``(III) describe--
``(aa) the
relationship between
programmatic analysis
and future tiered
analysis; and
``(bb) the role of
the public in the
creation of future
tiered analysis; and
``(IV) are available to
other relevant Federal and
State agencies, Indian tribes,
and the public;
``(iv) allow not fewer than 60 days
of public notice and comment on any
proposed rule; and
``(v) address any comments received
under clause (iv).''.
(b) Federal Lead Agency.--Section 139(c) of title 23,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``The Department of
Transportation'' and inserting the following:
``(A) In general.--The Department of
Transportation''; and
(B) by adding at the end the following:
``(B) Modal administration.--If the project
requires approval from more than 1 modal
administration within the Department, the
Secretary may designate a single modal
administration to serve as the Federal lead
agency for the Department in the environmental
review process for the project.''.
(c) Participating Agencies.--Section 139(d) of title 23,
United States Code, is amended--
(1) by striking paragraph (4) and inserting the
following:
``(4) Effect of designation.--
``(A) Requirement.--A participating agency
shall comply with the requirements of this
section.
``(B) Implication.--Designation as a
participating agency under this subsection
shall not imply that the participating agency--
``(i) supports a proposed project;
or
``(ii) has any jurisdiction over,
or special expertise with respect to
evaluation of, the project.''; and
(2) by striking paragraph (7) and inserting the
following:
``(7) Concurrent reviews.--Each participating
agency and cooperating agency shall--
``(A) carry out the obligations of that
agency under other applicable law concurrently,
and in conjunction, with the review required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), unless doing so
would impair the ability of the Federal agency
to conduct needed analysis or otherwise carry
out those obligations; and
``(B) formulate and implement
administrative, policy, and procedural
mechanisms to enable the agency to ensure
completion of the environmental review process
in a timely, coordinated, and environmentally
responsible manner.''.
(d) Project Initiation.--Section 139(e) of title 23, United
States Code, is amended--
(1) by striking ``The project sponsor'' and
inserting the following:
``(1) In general.--The project sponsor''; and
(2) by adding at the end the following:
``(2) Submission of documents.--The project sponsor
may satisfy the requirement under paragraph (1) by
submitting to the Secretary any relevant documents
containing the information described in that paragraph,
including a draft notice for publication in the Federal
Register announcing the preparation of an environmental
review for the project.''.
(e) Coordination and Scheduling.--Section 139(g)(1)(B)(i)
of title 23, United States Code, is amended by inserting ``and
the concurrence of'' after ``consultation with''.
SEC. 1306. ACCELERATED DECISIONMAKING.
Section 139(h) of title 23, United States Code, is amended
by striking paragraph (4) and inserting the following:
``(4) Interim decision on achieving accelerated
decisionmaking.--
``(A) In general.--Not later than 30 days
after the close of the public comment period on
a draft environmental impact statement, the
Secretary may convene a meeting with the
project sponsor, lead agency, resource
agencies, and any relevant State agencies to
ensure that all parties are on schedule to meet
deadlines for decisions to be made regarding
the project.
``(B) Deadlines.--The deadlines referred to
in subparagraph (A) shall be those established
under subsection (g), or any other deadlines
established by the lead agency, in consultation
with the project sponsor and other relevant
agencies.
``(C) Failure to assure.--If the relevant
agencies cannot provide reasonable assurances
that the deadlines described in subparagraph
(B) will be met, the Secretary may initiate the
issue resolution and referral process described
under paragraph (5) and before the completion
of the record of decision.
``(5) Accelerated issue resolution and referral.--
``(A) Agency issue resolution meeting.--
``(i) In general.--A Federal agency
of jurisdiction, project sponsor, or
the Governor of a State in which a
project is located may request an issue
resolution meeting to be conducted by
the lead agency.
``(ii) Action by lead agency.--The
lead agency shall convene an issue
resolution meeting under clause (i)
with the relevant participating
agencies and the project sponsor,
including the Governor only if the
meeting was requested by the Governor,
to resolve issues that could--
``(I) delay completion of
the environmental review
process; or
``(II) result in denial of
any approvals required for the
project under applicable laws.
``(iii) Date.--A meeting requested
under this subparagraph shall be held
by not later than 21 days after the
date of receipt of the request for the
meeting, unless the lead agency
determines that there is good cause to
extend the time for the meeting.
``(iv) Notification.--On receipt of
a request for a meeting under this
subparagraph, the lead agency shall
notify all relevant participating
agencies of the request, including the
issue to be resolved, and the date for
the meeting.
``(v) Disputes.--If a relevant
participating agency with jurisdiction
over an approval required for a project
under applicable law determines that
the relevant information necessary to
resolve the issue has not been obtained
and could not have been obtained within
a reasonable time, but the lead agency
disagrees, the resolution of the
dispute shall be forwarded to the heads
of the relevant agencies for
resolution.
``(vi) Convention by lead agency.--
A lead agency may convene an issue
resolution meeting under this
subsection at any time without the
request of the Federal agency of
jurisdiction, project sponsor, or the
Governor of a State.
``(B) Elevation of issue resolution.--
``(i) In general.--If issue
resolution is not achieved by not later
than 30 days after the date of a
relevant meeting under subparagraph
(A), the Secretary shall notify the
lead agency, the heads of the relevant
participating agencies, and the project
sponsor (including the Governor only if
the initial issue resolution meeting
request came from the Governor) that an
issue resolution meeting will be
convened.
``(ii) Requirements.--The Secretary
shall identify the issues to be
addressed at the meeting and convene
the meeting not later than 30 days
after the date of issuance of the
notice.
``(C) Referral of issue resolution.--
``(i) Referral to council on
environmental quality.--
``(I) In general.--If
resolution is not achieved by
not later than 30 days after
the date of an issue resolution
meeting under subparagraph (B),
the Secretary shall refer the
matter to the Council on
Environmental Quality.
``(II) Meeting.--Not later
than 30 days after the date of
receipt of a referral from the
Secretary under subclause (I),
the Council on Environmental
Quality shall hold an issue
resolution meeting with the
lead agency, the heads of
relevant participating
agencies, and the project
sponsor (including the Governor
only if an initial request for
an issue resolution meeting
came from the Governor).
``(ii) Referral to the president.--
If a resolution is not achieved by not
later than 30 days after the date of
the meeting convened by the Council on
Environmental Quality under clause
(i)(II), the Secretary shall refer the
matter directly to the President.
``(6) Financial penalty provisions.--
``(A) In general.--A Federal agency of
jurisdiction over an approval required for a
project under applicable laws shall complete
any required approval on an expeditious basis
using the shortest existing applicable process.
``(B) Failure to decide.--
``(i) In general.--If an agency
described in subparagraph (A) fails to
render a decision under any Federal law
relating to a project that requires the
preparation of an environmental impact
statement or environmental assessment,
including the issuance or denial of a
permit, license, or other approval by
the date described in clause (ii), an
amount of funding equal to the amounts
specified in subclause (I) or (II)
shall be rescinded from the applicable
office of the head of the agency, or
equivalent office to which the
authority for rendering the decision
has been delegated by law by not later
than 1 day after the applicable date
under clause (ii), and once each week
thereafter until a final decision is
rendered, subject to subparagraph (C)--
``(I) $20,000 for any
project for which an annual
financial plan under section
106(i) is required; or
``(II) $10,000 for any
other project requiring
preparation of an environmental
assessment or environmental
impact statement.
``(ii) Description of date.--The
date referred to in clause (i) is the
later of--
``(I) the date that is 180
days after the date on which an
application for the permit,
license, or approval is
complete; and
``(II) the date that is 180
days after the date on which
the Federal lead agency issues
a decision on the project under
the National Environmental
Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(C) Limitations.--
``(i) In general.--No rescission of
funds under subparagraph (B) relating
to an individual project shall exceed,
in any fiscal year, an amount equal to
2.5 percent of the funds made available
for the applicable agency office.
``(ii) Failure to decide.--The
total amount rescinded in a fiscal year
as a result of a failure by an agency
to make a decision by an applicable
deadline shall not exceed an amount
equal to 7 percent of the funds made
available for the applicable agency
office for that fiscal year.
``(D) No fault of agency.--A rescission of
funds under this paragraph shall not be made if
the lead agency for the project certifies
that--
``(i) the agency has not received
necessary information or approvals from
another entity, such as the project
sponsor, in a manner that affects the
ability of the agency to meet any
requirements under State, local, or
Federal law; or
``(ii) significant new information
or circumstances, including a major
modification to an aspect of the
project, requires additional analysis
for the agency to make a decision on
the project application.
``(E) Limitation.--The Federal agency with
jurisdiction for the decision from which funds
are rescinded pursuant to this paragraph shall
not reprogram funds to the office of the head
of the agency, or equivalent office, to
reimburse that office for the loss of the
funds.
``(F) Audits.--In any fiscal year in which
any funds are rescinded from a Federal agency
pursuant to this paragraph, the Inspector
General of that agency shall--
``(i) conduct an audit to assess
compliance with the requirements of
this paragraph; and
``(ii) not later than 120 days
after the end of the fiscal year during
which the rescission occurred, 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 describing the
reasons why the transfers were levied,
including allocations of resources.
``(G) Effect of paragraph.--Nothing in this
paragraph affects or limits the application of,
or obligation to comply with, any Federal,
State, local, or tribal law.
``(7) Expedient decisions and reviews.--To ensure
that Federal environmental decisions and reviews are
expeditiously made--
``(A) adequate resources made available
under this title shall be devoted to ensuring
that applicable environmental reviews under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) are completed on an
expeditious basis and that the shortest
existing applicable process under that Act is
implemented; and
``(B) the President 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, not less frequently than once every
120 days after the date of enactment of the
MAP-21, a report on the status and progress of
the following projects and activities funded
under this title with respect to compliance
with applicable requirements under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.):
``(i) Projects and activities
required to prepare an annual financial
plan under section 106(i).
``(ii) A sample of not less than 5
percent of the projects requiring
preparation of an environmental impact
statement or environmental assessment
in each State.''.
SEC. 1307. ASSISTANCE TO AFFECTED FEDERAL AND STATE AGENCIES.
Section 139(j) of title 23, United States Code, is amended
by adding at the end the following:
``(6) Memorandum of understanding.--Prior to
providing funds approved by the Secretary for dedicated
staffing at an affected Federal agency under paragraphs
(1) and (2), the affected Federal agency and the State
agency shall enter into a memorandum of understanding
that establishes the projects and priorities to be
addressed by the use of the funds.''.
SEC. 1308. LIMITATIONS ON CLAIMS.
Section 139(l) of title 23, United States Code, is
amended--
(1) in paragraph (1) by striking ``180 days'' and
inserting ``150 days''; and
(2) in paragraph (2) by striking ``180 days'' and
inserting ``150 days''.
SEC. 1309. ACCELERATING COMPLETION OF COMPLEX PROJECTS WITHIN 4 YEARS.
Section 139 of title 23, United States Code, is amended by
adding at the end the following:
``(m) Enhanced Technical Assistance and Accelerated Project
Completion.--
``(1) Definition of covered project.--In this
subsection, the term `covered project' means a
project--
``(A) that has an ongoing environmental
impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
``(B) for which at least 2 years, beginning
on the date on which a notice of intent is
issued, have elapsed without the issuance of a
record of decision.
``(2) Technical assistance.--At the request of a
project sponsor or the Governor of a State in which a
project is located, the Secretary shall provide
additional technical assistance to resolve for a
covered project any outstanding issues and project
delay, including by--
``(A) providing additional staff, training,
and expertise;
``(B) facilitating interagency
coordination;
``(C) promoting more efficient
collaboration; and
``(D) supplying specialized onsite
assistance.
``(3) Scope of work.--
``(A) In general.--In providing technical
assistance for a covered project under this
subsection, the Secretary shall establish a
scope of work that describes the actions that
the Secretary will take to resolve the
outstanding issues and project delays,
including establishing a schedule under
subparagraph (B).
``(B) Schedule.--
``(i) In general.--The Secretary
shall establish and meet a schedule for
the completion of any permit, approval,
review, or study, required for the
covered project by the date that is not
later than 4 years after the date on
which a notice of intent for the
covered project is issued.
``(ii) Inclusions.--The schedule
under clause (i) shall--
``(I) comply with all
applicable laws;
``(II) require the
concurrence of the Council on
Environmental Quality and each
participating agency for the
project with the State in which
the project is located or the
project sponsor, as applicable;
and
``(III) reflect any new
information that becomes
available and any changes in
circumstances that may result
in new significant impacts that
could affect the timeline for
completion of any permit,
approval, review, or study
required for the covered
project.
``(4) Consultation.--In providing technical
assistance for a covered project under this subsection,
the Secretary shall consult, if appropriate, with
resource and participating agencies on all methods
available to resolve the outstanding issues and project
delays for a covered project as expeditiously as
possible.
``(5) Enforcement.--
``(A) In general.--All provisions of this
section shall apply to this subsection,
including the financial penalty provisions
under subsection (h)(6).
``(B) Restriction.--If the Secretary
enforces this subsection under subsection
(h)(6), the Secretary may use a date included
in a schedule under paragraph (3)(B) that is
created pursuant to and is in compliance with
this subsection in lieu of the dates under
subsection (h)(6)(B)(ii).''.
SEC. 1310. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.
(a) In General.--Chapter 1 of title 23, United States Code
(as amended by section 1115(a)), is amended by adding at the
end the following:
``Sec. 168. Integration of planning and environmental review
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Environmental review process.--The term
`environmental review process' means the process for
preparing for a project 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.).
``(2) Planning product.--The term `planning
product' means a detailed and timely decision,
analysis, study, or other documented information that--
``(A) is the result of an evaluation or
decisionmaking process carried out during
transportation planning, including a detailed
corridor plan or a transportation plan
developed under section 134 that fully analyzes
impacts on mobility, adjacent communities, and
the environment;
``(B) is intended to be carried into the
transportation project development process; and
``(C) has been approved by the State, all
local and tribal governments where the project
is located, and by any relevant metropolitan
planning organization.
``(3) Project.--The term `project' has the meaning
given the term in section 139(a).
``(4) Project sponsor.--The term `project sponsor'
has the meaning given the term in section 139(a).
``(b) Adoption of Planning Products for Use in NEPA
Proceedings.--
``(1) In general.--Subject to the conditions set
forth in subsection (d), the Federal lead agency for a
project may adopt and use a planning product in
proceedings relating to any class of action in the
environmental review process of the project.
``(2) Identification.--When the Federal lead agency
makes a determination to adopt and use a planning
product, the Federal lead agency shall identify those
agencies that participated in the development of the
planning products.
``(3) Partial adoption of planning products.--The
Federal lead agency may adopt a planning product under
paragraph (1) in its entirety or may select portions
for adoption.
``(4) Timing.--A determination under paragraph (1)
with respect to the adoption of a planning product may
be made at the time the lead agencies decide the
appropriate scope of environmental review for the
project but may also occur later in the environmental
review process, as appropriate.
``(c) Applicability.--
``(1) Planning decisions.--Planning decisions that
may be adopted pursuant to this section include--
``(A) whether tolling, private financial
assistance, or other special financial measures
are necessary to implement the project;
``(B) a decision with respect to modal
choice, including a decision to implement
corridor or subarea study recommendations to
advance different modal solutions as separate
projects with independent utility;
``(C) a basic description of the
environmental setting;
``(D) a decision with respect to
methodologies for analysis; and
``(E) an identification of programmatic
level mitigation for potential impacts that the
Federal lead agency, in consultation with
Federal, State, local, and tribal resource
agencies, determines are most effectively
addressed at a regional or national program
level, including--
``(i) system-level measures to
avoid, minimize, or mitigate impacts of
proposed transportation investments on
environmental resources, including
regional ecosystem and water resources;
and
``(ii) potential mitigation
activities, locations, and investments.
``(2) Planning analyses.--Planning analyses that
may be adopted pursuant to this section include studies
with respect to--
``(A) travel demands;
``(B) regional development and growth;
``(C) local land use, growth management,
and development;
``(D) population and employment;
``(E) natural and built environmental
conditions;
``(F) environmental resources and
environmentally sensitive areas;
``(G) potential environmental effects,
including the identification of resources of
concern and potential cumulative effects on
those resources, identified as a result of a
statewide or regional cumulative effects
assessment; and
``(H) mitigation needs for a proposed
action, or for programmatic level mitigation,
for potential effects that the Federal lead
agency determines are most effectively
addressed at a regional or national program
level.
``(d) Conditions.--Adoption and use of a planning product
under this section is subject to a determination by the Federal
lead agency, with the concurrence of other participating
agencies with relevant expertise and project sponsors as
appropriate, and with an opportunity for public notice and
comment and consideration of those comments by the Federal lead
agency, that the following conditions have been met:
``(1) The planning product was developed through a
planning process conducted pursuant to applicable
Federal law.
``(2) The planning product was developed by
engaging in active consultation with appropriate
Federal and State resource agencies and Indian tribes.
``(3) The planning process included broad
multidisciplinary consideration of systems-level or
corridor-wide transportation needs and potential
effects, including effects on the human and natural
environment.
``(4) During the planning process, notice was
provided through publication or other means to Federal,
State, local, and tribal governments that might have an
interest in the proposed project, and to members of the
general public, of the planning products that the
planning process might produce and that might be relied
on during any subsequent environmental review process,
and such entities have been provided an appropriate
opportunity to participate in the planning process
leading to such planning product.
``(5) After initiation of the environmental review
process, but prior to determining whether to rely on
and use the planning product, the lead Federal agency
has made documentation relating to the planning product
available to Federal, State, local, and tribal
governments that may have an interest in the proposed
action, and to members of the general public, and has
considered any resulting comments.
``(6) There is no significant new information or
new circumstance that has a reasonable likelihood of
affecting the continued validity or appropriateness of
the planning product.
``(7) The planning product has a rational basis and
is based on reliable and reasonably current data and
reasonable and scientifically acceptable methodologies.
``(8) The planning product is documented in
sufficient detail to support the decision or the
results of the analysis and to meet requirements for
use of the information in the environmental review
process.
``(9) The planning product is appropriate for
adoption and use in the environmental review process
for the project.
``(10) The planning product was approved not later
than 5 years prior to date on which the information is
adopted pursuant to this section.
``(e) Effect of Adoption.--Any planning product adopted by
the Federal lead agency in accordance with this section may be
incorporated directly into an environmental review process
document or other environmental document and may be relied upon
and used by other Federal agencies in carrying out reviews of
the project.
``(f) Rules of Construction.--
``(1) In general.--This section shall not be
construed to make the environmental review process
applicable to the transportation planning process
conducted under this title and chapter 53 of title 49.
``(2) Transportation planning activities.--
Initiation of the environmental review process as a
part of, or concurrently with, transportation planning
activities does not subject transportation plans and
programs to the environmental review process.
``(3) Planning products.--This section shall not be
construed to affect the use of planning products in the
environmental review process pursuant to other
authorities under any other provision of law or to
restrict the initiation of the environmental review
process during planning.''.
(b) Technical and Conforming Amendment.--The analysis for
chapter 1 of title 23, United States Code (as amended by
section 1115(b)), is amended by adding at end the following:
``Sec. 168. Integration of planning and environmental review.''.
SEC. 1311. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.
(a) In General.--Chapter 1 of title 23, United States Code
(as amended by section 1310(a)), is amended by adding at the
end the following:
``Sec. 169. Development of programmatic mitigation plans
``(a) In General.--As part of the statewide or metropolitan
transportation planning process, a State or metropolitan
planning organization may develop 1 or more programmatic
mitigation plans to address the potential environmental impacts
of future transportation projects.
``(b) Scope.--
``(1) Scale.--A programmatic mitigation plan may be
developed on a regional, ecosystem, watershed, or
statewide scale.
``(2) Resources.--The plan may encompass multiple
environmental resources within a defined geographic
area or may focus on a specific resource, such as
aquatic resources, parkland, or wildlife habitat.
``(3) Project impacts.--The plan may address
impacts from all projects in a defined geographic area
or may focus on a specific type of project.
``(4) Consultation.--The scope of the plan shall be
determined by the State or metropolitan planning
organization, as appropriate, in consultation with the
agency or agencies with jurisdiction over the resources
being addressed in the mitigation plan.
``(c) Contents.--A programmatic mitigation plan may
include--
``(1) an assessment of the condition of
environmental resources in the geographic area covered
by the plan, including an assessment of recent trends
and any potential threats to those resources;
``(2) an assessment of potential opportunities to
improve the overall quality of environmental resources
in the geographic area covered by the plan, through
strategic mitigation for impacts of transportation
projects;
``(3) standard measures for mitigating certain
types of impacts;
``(4) parameters for determining appropriate
mitigation for certain types of impacts, such as
mitigation ratios or criteria for determining
appropriate mitigation sites;
``(5) adaptive management procedures, such as
protocols that involve monitoring predicted impacts
over time and adjusting mitigation measures in response
to information gathered through the monitoring; and
``(6) acknowledgment of specific statutory or
regulatory requirements that must be satisfied when
determining appropriate mitigation for certain types of
resources.
``(d) Process.--Before adopting a programmatic mitigation
plan, a State or metropolitan planning organization shall--
``(1) consult with each agency with jurisdiction
over the environmental resources considered in the
programmatic mitigation plan;
``(2) make a draft of the plan available for review
and comment by applicable environmental resource
agencies and the public;
``(3) consider any comments received from such
agencies and the public on the draft plan; and
``(4) address such comments in the final plan.
``(e) Integration With Other Plans.--A programmatic
mitigation plan may be integrated with other plans, including
watershed plans, ecosystem plans, species recovery plans,
growth management plans, and land use plans.
``(f) Consideration in Project Development and
Permitting.--If a programmatic mitigation plan has been
developed pursuant to this section, any Federal agency
responsible for environmental reviews, permits, or approvals
for a transportation project may use the recommendations in a
programmatic mitigation plan when carrying out the
responsibilities under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(g) Preservation of Existing Authorities.--Nothing in
this section limits the use of programmatic approaches to
reviews under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).''.
(b) Technical and Conforming Amendment.--The analysis for
chapter 1 of title 23, United States Code (as amended by
section 1309(b)), is amended by adding at the end the
following:
``Sec. 169. Development of programmatic mitigation plans.''.
SEC. 1312. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
Section 326 of title 23, United States Code, is amended--
(1) in subsection (a) by adding at the end the
following:
``(4) Preservation of flexibility.--The Secretary
shall not require a State, as a condition of assuming
responsibility under this section, to forego project
delivery methods that are otherwise permissible for
highway projects.'';
(2) by striking subsection (d) and inserting the
following:
``(d) Termination.--
``(1) Termination by the secretary.--The Secretary
may terminate any assumption of responsibility under a
memorandum of understanding on a determination that the
State is not adequately carrying out the
responsibilities assigned to the State.
``(2) Termination by the state.--The State may
terminate the participation of the State in the program
at any time by providing to the Secretary a notice not
later than the date that is 90 days before the date of
termination, and subject to such terms and conditions
as the Secretary may provide.''; and
(3) by adding at the end the following:
``(f) Legal Fees.--A State assuming the responsibilities of
the Secretary under this section for a specific project may use
funds apportioned to the State under section 104(b)(2) for
attorney's fees directly attributable to eligible activities
associated with the project.''.
SEC. 1313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
(a) Program Name.--Section 327 of title 23, United States
Code, is amended--
(1) in the section heading by striking ``pilot'';
and
(2) in subsection (a)(1) by striking ``pilot''.
(b) Assumption of Responsibility.--Section 327(a)(2) of
title 23, United States Code, is amended--
(1) in subparagraph (B)--
(A) in clause (i) by striking ``but''; and
(B) by striking clause (ii) and inserting
the following:
``(ii) at the request of the State,
the Secretary may also assign to the
State, and the State may assume, the
responsibilities of the Secretary with
respect to 1 or more railroad, public
transportation, or multimodal projects
within the State under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(iii) in a State that has assumed
the responsibilities of the Secretary
under clause (ii), a recipient of
assistance under chapter 53 of title 49
may request that the Secretary maintain
the responsibilities of the Secretary
with respect to 1 or more public
transportation projects within the
State under the National Environmental
Policy Act of 1969 (42 U.S.C. 13 4321
et seq.); but
``(iv) the Secretary may not
assign--
``(I) any responsibility
imposed on the Secretary by
section 134 or 135 or section
5303 or 5304 of title 49; or
``(II) responsibility for
any conformity determination
required under section 176 of
the Clean Air Act (42 U.S.C.
7506).''; and
(2) by adding at the end the following:
``(F) Preservation of flexibility.--The
Secretary may not require a State, as a
condition of participation in the program, to
forego project delivery methods that are
otherwise permissible for projects.
``(G) Legal fees.--A State assuming the
responsibilities of the Secretary under this
section for a specific project may use funds
apportioned to the State under section
104(b)(2) for attorneys' fees directly
attributable to eligible activities associated
with the project.''.
(c) State Participation.--Section 327(b) of title 23,
United States Code, is amended--
(1) by striking paragraph (1) and inserting the
following:
``(1) Participating states.--All States are
eligible to participate in the program.''; and
(2) in paragraph (2) by striking ``date of
enactment of this section, the Secretary shall
promulgate'' and inserting ``date on which amendments
to this section by the MAP-21 take effect, the
Secretary shall amend, as appropriate,''.
(d) Written Agreement.--Section 327(c) of title 23, United
States Code, is amended--
(1) in paragraph (3)(D) by striking the period at
the end and inserting a semicolon; and
(2) by adding at the end the following:
``(4) require the State to provide to the Secretary
any information the Secretary considers necessary to
ensure that the State is adequately carrying out the
responsibilities assigned to the State;
``(5) have a term of not more than 5 years; and
``(6) be renewable.''.
(e) Conforming Amendment.--Section 327(e) of title 23,
United States Code, is amended by striking ``subsection (i)''
and inserting ``subsection (j)''.
(f) Audits.--Section 327(g)(1)(B) of title 23, United
States Code, is amended by striking ``subsequent year'' and
inserting ``of the third and fourth years''.
(g) Monitoring.--Section 327 of title 23, United States
Code, is amended--
(1) by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively; and
(2) by inserting after subsection (g) the
following:
``(h) Monitoring.--After the fourth year of the
participation of a State in the program, the Secretary shall
monitor compliance by the State with the written agreement,
including the provision by the State of financial resources to
carry out the written agreement.''.
(h) Termination.--Section 327(j) of title 23, United States
Code (as so redesignated), is amended to read as follows:
``(j) Termination.--
``(1) Termination by the secretary.--The Secretary
may terminate the participation of any State in the
program if--
``(A) the Secretary determines that the
State is not adequately carrying out the
responsibilities assigned to the State;
``(B) the Secretary provides to the State--
``(i) notification of the
determination of noncompliance; and
``(ii) a period of at least 30 days
during which to take such corrective
action as the Secretary determines is
necessary to comply with the applicable
agreement; and
``(C) the State, after the notification and
period provided under subparagraph (B), fails
to take satisfactory corrective action, as
determined by the Secretary.
``(2) Termination by the state.--The State may
terminate the participation of the State in the program
at any time by providing to the Secretary a notice by
not later than the date that is 90 days before the date
of termination, and subject to such terms and
conditions as the Secretary may provide.''.
(i) Clerical Amendment.--The item relating to section 327
in the analysis of title 23, United States Code, is amended to
read as follows:
``327. Surface transportation project delivery program.''.
SEC. 1314. APPLICATION OF CATEGORICAL EXCLUSIONS FOR MULTIMODAL
PROJECTS.
(a) In General.--Section 304 of title 49, United States
Code, is amended to read as follows:
``Sec. 304. Application of categorical exclusions for multimodal
projects
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Cooperating authority.--The term `cooperating
authority' means a Department of Transportation
operating authority that is not the lead authority with
respect to a project.
``(2) Lead authority.--The term `lead authority'
means a Department of Transportation operating
administration or secretarial office that--
``(A) is the lead authority over a proposed
multimodal project; and
``(B) has determined that the components of
the project that fall under the modal expertise
of the lead authority--
``(i) satisfy the conditions for a
categorical exclusion under
implementing regulations or procedures
of the lead authority under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
``(ii) do not require the
preparation of an environmental
assessment or environmental impact
statement under that Act.
``(3) Multimodal project.--The term `multimodal
project' has the meaning given the term in section
139(a) of title 23.
``(b) Exercise of Authorities.--The authorities granted in
this section may be exercised for a multimodal project, class
of projects, or program of projects that are carried out under
this title.
``(c) Application of Categorical Exclusions for Multimodal
Projects.--In considering the environmental impacts of a
proposed multimodal project, a lead authority may apply a
categorical exclusion designated under the implementing
regulations or procedures of a cooperating authority for other
components of the project, subject to the conditions that--
``(1) the multimodal project is funded under 1
grant agreement administered by the lead authority;
``(2) the multimodal project has components that
require the expertise of a cooperating authority to
assess the environmental impacts of the components;
``(3) the component of the project to be covered by
the categorical exclusion of the cooperating authority
has independent utility;
``(4) the cooperating authority, in consultation
with the lead authority--
``(A) follows implementing regulations or
procedures under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
``(B) determines that a categorical
exclusion under that Act applies to the
components; and
``(5) the lead authority has determined that--
``(A) the project, using the categorical
exclusions of the lead authority and each
applicable cooperating authority, does not
individually or cumulatively have a significant
impact on the environment; and
``(B) extraordinary circumstances do not
exist that merit additional analysis and
documentation in an environmental impact
statement or environmental assessment required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(d) Modal Cooperation.--
``(1) In general.--A cooperating authority shall
provide modal expertise to the lead authority on such
aspects of the multimodal project in which the
cooperating authority has expertise.
``(2) Use of categorical exclusion.--In a case
described in paragraph (1), the 1 or more categorical
exclusions of a cooperating authority may be applied by
the lead authority once the cooperating authority
reviews the project on behalf of the lead authority and
determines the project satisfies the conditions for a
categorical exclusion under the implementing
regulations or procedures of the cooperating authority
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and this section.''.
(b) Conforming Amendment.--The item relating to section 304
in the analysis for title 49, United States Code, is amended to
read as follows:
``304. Application of categorical exclusions for multimodal projects''.
SEC. 1315. CATEGORICAL EXCLUSIONS IN EMERGENCIES.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, for the repair or reconstruction of any
road, highway, or bridge that is in operation or under
construction when damaged by an emergency declared by the
Governor of the State and concurred in by the Secretary, or for
a disaster or emergency declared by the President pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), the Secretary shall publish a
notice of proposed rulemaking to treat any such repair or
reconstruction activity as a class of action categorically
excluded from the requirements relating to environmental
assessments or environmental impact statements under section
1508.4 of title 40, Code of Federal Regulations, and section
771.117 of title 23, Code of Federal Regulations (as in effect
on the date of enactment of this Act) if such repair or
reconstruction activity is--
(1) in the same location with the same capacity,
dimensions, and design as the original road, highway,
or bridge as before the declaration described in this
section; and
(2) commenced within a 2-year period beginning on
the date of a declaration described in this section.
(b) Rulemaking.--
(1) In general.--The Secretary shall ensure that
the rulemaking helps to conserve Federal resources and
protects public safety and health by providing for
periodic evaluations to determine if reasonable
alternatives exist to roads, highways, or bridges that
repeatedly require repair and reconstruction
activities.
(2) Reasonable alternatives.--The reasonable
alternatives described in paragraph (1) include actions
that could reduce the need for Federal funds to be
expended on such repair and reconstruction activities,
better protect public safety and health and the
environment, and meet transportation needs as described
in relevant and applicable Federal, State, local and
tribal plans.
SEC. 1316. CATEGORICAL EXCLUSIONS FOR PROJECTS WITHIN THE RIGHT-OF-WAY.
(a) In General.--The Secretary shall--
(1) not later than 180 days after the date of
enactment of this Act, designate any project (as
defined in section 101(a) of title 23, United States
Code) within an existing operational right-of-way as an
action categorically excluded from the requirements
relating to environmental assessments or environmental
impact statements under section 1508.4 of title 40,
Code of Federal Regulations, and section 771.117(c) of
title 23, Code of Federal Regulations; and
(2) not later than 150 days after the date of
enactment of this Act, promulgate regulations to carry
out paragraph (1).
(b) Definition of an Operational Right-of-way.--In this
section, the term ``operational right-of-way'' means all real
property interests acquired for the construction, operation, or
mitigation of a project (as defined in section 101(a) of title
23, United States Code), including the locations of the
roadway, bridges, interchanges, culverts, drainage, clear zone,
traffic control signage, landscaping, and any rest areas with
direct access to a controlled access highway.
SEC. 1317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL
ASSISTANCE.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall--
(1) designate as an action categorically excluded
from the requirements relating to environmental
assessments or environmental impact statements under
section 1508.4 of title 40, Code of Federal
Regulations, and section 771.117(c) of title 23, Code
of Federal Regulations, any project--
(A) that receives less than $5,000,000 of
Federal funds; or
(B) with a total estimated cost of not more
than $30,000,000 and Federal funds comprising
less than 15 percent of the total estimated
project cost; and
(2) not later than 150 days after the date of
enactment of this Act, promulgate regulations to carry
out paragraph (1).
SEC. 1318. PROGRAMMATIC AGREEMENTS AND ADDITIONAL CATEGORICAL
EXCLUSIONS.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall--
(1) survey the use by the Department of categorical
exclusions in transportation projects since 2005;
(2) publish a review of the survey that includes a
description of--
(A) the types of actions categorically
excluded; and
(B) any requests previously received by the
Secretary for new categorical exclusions; and
(3) solicit requests from State departments of
transportation, transit authorities, metropolitan
planning organizations, or other government agencies
for new categorical exclusions.
(b) New Categorical Exclusions.--Not later than 120 days
after the date of enactment of this Act, the Secretary shall
publish a notice of proposed rulemaking to propose new
categorical exclusions received by the Secretary under
subsection (a), to the extent that the categorical exclusions
meet the criteria for a categorical exclusion under section
1508.4 of title 40, Code of Federal Regulations, and section
771.117(a) of title 23, Code of Federal Regulations (as those
regulations are in effect on the date of the notice).
(c) Additional Actions.--The Secretary shall issue a
proposed rulemaking to move the following types of actions from
subsection (d) of section 771.117 of title 23, Code of Federal
Regulations (as in effect on the date of enactment of this
Act), to subsection (c) of that section, to the extent that
such movement complies with the criteria for a categorical
exclusion under section 1508.4 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this
Act):
(1) Modernization of a highway by resurfacing,
restoration, rehabilitation, reconstruction, adding
shoulders, or adding auxiliary lanes (including
parking, weaving, turning, and climbing).
(2) Highway safety or traffic operations
improvement projects, including the installation of
ramp metering control devices and lighting.
(3) Bridge rehabilitation, reconstruction, or
replacement or the construction of grade separation to
replace existing at-grade railroad crossings.
(d) Programmatic Agreements.--
(1) In general.--The Secretary shall seek
opportunities to enter into programmatic agreements
with the States that establish efficient administrative
procedures for carrying out environmental and other
required project reviews.
(2) Inclusions.--Programmatic agreements authorized
under paragraph (1) may include agreements that allow a
State to determine on behalf of the Federal Highway
Administration whether a project is categorically
excluded from the preparation of an environmental
assessment or environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(3) Determinations.--An agreement described in
paragraph (2) may include determinations by the
Secretary of the types of projects categorically
excluded (consistent with section 1508.4 of title 40,
Code of Federal Regulations) in the State in addition
to the types listed in subsections (c) and (d) of
section 771.117 of title 23, Code of Federal
Regulations (as in effect on the date of enactment of
this Act).
SEC. 1319. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.
(a) In General.--In preparing a final environmental impact
statement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), if the lead agency modifies the
statement in response to comments that are minor and are
confined to factual corrections or explanations of why the
comments do not warrant additional agency response, the lead
agency may write on errata sheets attached to the statement
instead of rewriting the draft statement, subject to the
condition that the errata sheets--
(1) cite the sources, authorities, or reasons that
support the position of the agency; and
(2) if appropriate, indicate the circumstances that
would trigger agency reappraisal or further response.
(b) Incorporation.--To the maximum extent practicable, the
lead agency shall expeditiously develop a single document that
consists of a final environmental impact statement and a record
of decision, unless--
(1) the final environmental impact statement makes
substantial changes to the proposed action that are
relevant to environmental or safety concerns; or
(2) there are significant new circumstances or
information relevant to environmental concerns and that
bear on the proposed action or the impacts of the
proposed action.
SEC. 1320. MEMORANDA OF AGENCY AGREEMENTS FOR EARLY COORDINATION.
(a) In General.--It is the sense of Congress that--
(1) the Secretary and other Federal agencies with
relevant jurisdiction in the environmental review
process should cooperate with each other and other
agencies on environmental review and project delivery
activities at the earliest practicable time to avoid
delays and duplication of effort later in the process,
head off potential conflicts, and ensure that planning
and project development decisions reflect environmental
values; and
(2) such cooperation should include the development
of policies and the designation of staff that advise
planning agencies or project sponsors of studies or
other information foreseeably required for later
Federal action and early consultation with appropriate
State and local agencies and Indian tribes.
(b) Technical Assistance.--If requested at any time by a
State or local planning agency, the Secretary and other Federal
agencies with relevant jurisdiction in the environmental review
process, shall, to the extent practicable and appropriate, as
determined by the agencies, provide technical assistance to the
State or local planning agency on accomplishing the early
coordination activities described in subsection (d).
(c) Memorandum of Agency Agreement.--If requested at any
time by a State or local planning agency, the lead agency, in
consultation with other Federal agencies with relevant
jurisdiction in the environmental review process, may establish
memoranda of agreement with the project sponsor, State, and
local governments and other appropriate entities to accomplish
the early coordination activities described in subsection (d).
(d) Early Coordination Activities.--Early coordination
activities shall include, to the maximum extent practicable,
the following:
(1) Technical assistance on identifying potential
impacts and mitigation issues in an integrated fashion.
(2) The potential appropriateness of using planning
products and decisions in later environmental reviews.
(3) The identification and elimination from
detailed study in the environmental review process of
the issues that are not significant or that have been
covered by prior environmental reviews.
(4) The identification of other environmental
review and consultation requirements so that the lead
and cooperating agencies may prepare, as appropriate,
other required analyses and studies concurrently with
planning activities.
(5) The identification by agencies with
jurisdiction over any permits related to the project of
any and all relevant information that will reasonably
be required for the project.
(6) The reduction of duplication between
requirements under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and State and
local planning and environmental review requirements,
unless the agencies are specifically barred from doing
so by applicable law.
(7) Timelines for the completion of agency actions
during the planning and environmental review processes.
(8) Other appropriate factors.
SEC. 1321. ENVIRONMENTAL PROCEDURES INITIATIVE.
(a) Establishment.--For grant programs under which funds
are distributed by formula by the Department, the Secretary
shall establish an initiative to review and develop consistent
procedures for environmental permitting and procurement
requirements that apply to a project carried out under title
23, United States Code, or chapter 53 of title 49, United
States Code.
(b) Report.--The Secretary shall publish the results of the
initiative described in subsection (a) in an electronically
accessible format.
SEC. 1322. REVIEW OF STATE ENVIRONMENTAL REVIEWS AND APPROVALS FOR THE
PURPOSE OF ELIMINATING DUPLICATION OF ENVIRONMENTAL
REVIEWS.
For environmental reviews and approvals carried out on
projects funded under title 23, United States Code, the
Comptroller General of the United States shall--
(1) review State laws and procedures for conducting
environmental reviews with regard to such projects and
identify the States that have environmental laws that
provide environmental protections and opportunities for
public involvement that are equivalent to those
provided by Federal environmental laws;
(2) determine the frequency and cost of
environmental reviews carried out at the Federal level
that are duplicative of State reviews that provide
equivalent environmental protections and opportunities
for public involvement; and
(3) not later than 2 years after the date of
enactment of this Act, 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 the
results of the review and determination made under this
section.
SEC. 1323. REVIEW OF FEDERAL PROJECT AND PROGRAM DELIVERY.
(a) Completion Time Assessments and Reports.--
(1) In general.--For projects funded under title
23, United States Code, the Secretary shall compare--
(A)(i) the completion times of categorical
exclusions, environmental assessments, and
environmental impact statements initiated after
calendar year 2005; to
(ii) the completion times of categorical
exclusions, environmental assessments, and
environmental impact statements initiated
during a period prior to calendar year 2005;
and
(B)(i) the completion times of categorical
exclusions, environmental assessments, and
environmental impact statements initiated
during the period beginning on January 1, 2005,
and ending on the date of enactment of this
Act; to
(ii) the completion times of categorical
exclusions, environmental assessments, and
environmental impact statements initiated after
the date of enactment of this Act.
(2) Report.--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) not later than 1 year after the date of
enactment of this Act, a report that--
(i) describes the results of the
review conducted under paragraph
(1)(A); and
(ii) identifies any change in the
timing for completions, including the
reasons for any such change and the
reasons for delays in excess of 5
years; and
(B) not later than 5 years after the date
of enactment of this Act, a report that--
(i) describes the results of the
review conducted under paragraph
(1)(B); and
(ii) identifies any change in the
timing for completions, including the
reasons for any such change and the
reasons for delays in excess of 5
years.
(b) Additional Report.--Not later than 2 years after the
date of enactment of this Act, 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 report on the types and justification for
the additional categorical exclusions granted under the
authority provided under sections 1316 and 1317.
(c) GAO Report.--The Comptroller General of the United
States shall--
(1) assess the reforms carried out under this
subtitle (including the amendments made by this
subtitle); and
(2) not later than 5 years after the date of
enactment of this Act, 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 the
results of the assessment.
(d) Inspector General Report.--The Inspector General of the
Department of Transportation shall--
(1) assess the reforms carried out under this
subtitle (including the amendments made by this
subtitle); and
(2) 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) not later than 2 years after the date
of enactment of this Act, an initial report of
the findings of the Inspector General; and
(B) not later than 4 years after the date
of enactment of this Act, a final report of the
findings.
Subtitle D--Highway Safety
SEC. 1401. JASON'S LAW.
(a) In General.--It is the sense of Congress that it is a
national priority to address projects under this section for
the shortage of long-term parking for commercial motor vehicles
on the National Highway System to improve the safety of
motorized and nonmotorized users and for commercial motor
vehicle operators.
(b) Eligible Projects.--Eligible projects under this
section are those that--
(1) serve the National Highway System; and
(2) may include the following:
(A) Constructing safety rest areas (as
defined in section 120(c) of title 23, United
States Code) that include parking for
commercial motor vehicles.
(B) Constructing commercial motor vehicle
parking facilities adjacent to commercial truck
stops and travel plazas.
(C) Opening existing facilities to
commercial motor vehicle parking, including
inspection and weigh stations and park-and-ride
facilities.
(D) Promoting the availability of publicly
or privately provided commercial motor vehicle
parking on the National Highway System using
intelligent transportation systems and other
means.
(E) Constructing turnouts along the
National Highway System for commercial motor
vehicles.
(F) Making capital improvements to public
commercial motor vehicle parking facilities
currently closed on a seasonal basis to allow
the facilities to remain open year-round.
(G) Improving the geometric design of
interchanges on the National Highway System to
improve access to commercial motor vehicle
parking facilities.
(c) Survey and Comparative Assessment.--
(1) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary, in
consultation with relevant State motor carrier safety
personnel, shall conduct a survey of each State--
(A) to evaluate the capability of the State
to provide adequate parking and rest facilities
for commercial motor vehicles engaged in
interstate transportation;
(B) to assess the volume of commercial
motor vehicle traffic in the State; and
(C) to develop a system of metrics to
measure the adequacy of commercial motor
vehicle parking facilities in the State.
(2) Results.--The results of the survey under
paragraph (1) shall be made available to the public on
the website of the Department of Transportation.
(3) Periodic updates.--The Secretary shall
periodically update the survey under this subsection.
(d) Electric Vehicle and Natural Gas Vehicle
Infrastructure.--
(1) In general.--Except as provided in paragraph
(2), a State may establish electric vehicle charging
stations or natural gas vehicle refueling stations for
the use of battery-powered or natural gas-fueled trucks
or other motor vehicles at any parking facility funded
or authorized under this Act or title 23, United States
Code.
(2) Exception.--Electric vehicle battery charging
stations or natural gas vehicle refueling stations may
not be established or supported under paragraph (1) if
commercial establishments serving motor vehicle users
are prohibited by section 111 of title 23, United
States Code.
(3) Funds.--Charging or refueling stations
described in paragraph (1) shall be eligible for the
same funds as are available for the parking facilities
in which the stations are located.
(e) Treatment of Projects.--Notwithstanding any other
provision of law, projects funded through the authority
provided under this section shall be treated as projects on a
Federal-aid highway under chapter 1 of title 23, United States
Code.
SEC. 1402. OPEN CONTAINER REQUIREMENTS.
Section 154(c) of title 23, United States Code, is
amended--
(1) by striking paragraph (2) and inserting the
following:
``(2) Fiscal year 2012 and thereafter.--
``(A) Reservation of funds.--On October 1,
2011, and each October 1 thereafter, if a State
has not enacted or is not enforcing an open
container law described in subsection (b), 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).
``(B) Transfer of funds.--As soon as
practicable after the date of receipt of a
certification from a State under subparagraph
(A), the Secretary shall--
``(i) transfer the reserved funds
identified by the State for use as
described in subparagraphs (A) and (B)
of paragraph (1) to the apportionment
of the State under section 402; and
``(ii) release the reserved funds
identified by the State as described in
paragraph (3).'';
(2) by striking paragraph (3) and inserting the
following:
``(3) Use for highway safety improvement program.--
``(A) In general.--A State may elect to use
all or a portion of the funds transferred under
paragraph (2) for activities eligible under
section 148.
``(B) State departments of
transportation.--If the State makes an election
under subparagraph (A), the funds shall be
transferred to the department of transportation
of the State, which shall be responsible for
the administration of the funds.''; and
(3) by striking paragraph (5) and inserting the
following:
``(5) Derivation of amount to be transferred.--The
amount to be transferred under paragraph (2) may be
derived from the following:
``(A) The apportionment of the State under
section 104(b)(l).
``(B) The apportionment of the State under
section 104(b)(2).''.
SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE
INTOXICATED OR DRIVING UNDER THE INFLUENCE.
(a) Definitions.--Section 164(a) of title 23, United States
Code, is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively; and
(3) in paragraph (4) (as so redesignated) by
striking subparagraph (A) and inserting the following:
``(A) receive--
``(i) a suspension of all driving
privileges for not less than 1 year; or
``(ii) a suspension of unlimited
driving privileges for 1 year, allowing
for the reinstatement of limited
driving privileges subject to
restrictions and limited exemptions as
established by State law, if an
ignition interlock device is installed
for not less than 1 year on each of the
motor vehicles owned or operated, or
both, by the individual;''.
(b) Transfer of Funds.--Section 164(b) of title 23, United
States Code, is amended--
(1) by striking paragraph (2) and inserting the
following:
``(2) Fiscal year 2012 and thereafter.--
``(A) Reservation of funds.--On October 1,
2011, and each October 1 thereafter, if a State
has not enacted or is not enforcing a repeat
intoxicated driver law, 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 States will
use those reserved funds among the uses
authorized under subparagraphs (A) and (B) of
paragraph (1), and paragraph (3).
``(B) Transfer of funds.--As soon as
practicable after the date of receipt of a
certification from a State under subparagraph
(A), the Secretary shall--
``(i) transfer the reserved funds
identified by the State for use as
described in subparagraphs (A) and (B)
of paragraph (1) to the apportionment
of the State under section 402; and
``(ii) release the reserved funds
identified by the State as described in
paragraph (3).'';
(2) by striking paragraph (3) and inserting the
following:
``(3) Use for highway safety improvement program.--
``(A) In general.--A State may elect to use
all or a portion of the funds transferred under
paragraph (2) for activities eligible under
section 148.
``(B) State departments of
transportation.--If the State makes an election
under subparagraph (A), the funds shall be
transferred to the department of transportation
of the State, which shall be responsible for
the administration of the funds.''; and
(3) by striking paragraph (5) and inserting the
following:
``(5) Derivation of amount to be transferred.--The
amount to be transferred under paragraph (2) may be
derived from the following:
``(A) The apportionment of the State under
section 104(b)(1).
``(B) The apportionment of the State under
section 104(b)(2).''.
SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS.
(a) Vehicle Weight Limitations.--Section 127(a)(1) of title
23, United States Code, is amended by striking ``No funds shall
be apportioned in any fiscal year under section 104(b)(1) of
this title to any State which'' and inserting ``The Secretary
shall withhold 50 percent of the apportionment of a State under
section 104(b)(1) in any fiscal year in which the State''.
(b) Control of Junkyards.--Section 136 of title 23, United
States Code, is amended--
(1) in subsection (b), in the first sentence--
(A) by striking ``10 per centum'' and
inserting ``7 percent''; and
(B) by striking ``section 104 of this
title'' and inserting ``paragraphs (1) through
(5) of section 104(b)''; and
(2) by adding at the end the following:
``(n) Definitions.--For purposes of this section, the terms
`primary system' and `Federal-aid primary system' mean any
highway that is on the National Highway System, which includes
the Interstate Highway System.''.
(c) Enforcement of Vehicle Size and Weight Laws.--Section
141(b)(2) of title 23, United States Code, is amended--
(1) by striking ``10 per centum'' and inserting ``7
percent''; and
(2) by striking ``section 104 of this title'' and
inserting ``paragraphs (1) through (5) of section
104(b)''.
(d) Proof of Payment of the Heavy Vehicle Use Tax.--Section
141(c) of title 23, United States Code, is amended--
(1) by striking ``section 104(b)(4)'' each place it
appears and inserting ``section 104(b)(1)''; and
(2) in the first sentence by striking ``25 per
centum'' and inserting ``8 percent''.
(e) Use of Safety Belts.--Section 153(h) of title 23,
United States Code, is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph
(1);
(3) in paragraph (1) (as so redesignated)--
(A) by striking the paragraph heading and
inserting ``Prior to fiscal year 2012''; and
(B) by inserting ``and before October 1,
2011,'' after ``September 30, 1994,''; and
(4) by inserting after paragraph (1) (as so
redesignated) the following:
``(2) Fiscal year 2012 and thereafter.--If, at any
time in a fiscal year beginning after September 30,
2011, a State does not have in effect a law described
in subsection (a)(2), the Secretary shall transfer an
amount equal to 2 percent of the funds apportioned to
the State for the succeeding fiscal year under each of
paragraphs (1) through (3) of section 104(b) to the
apportionment of the State under section 402.''.
(f) National Minimum Drinking Age.--Section 158(a)(1) of
title 23, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) Fiscal years before 2012.--The
Secretary''; and
(2) by adding at the end the following:
``(B) Fiscal year 2012 and thereafter.--For
fiscal year 2012 and each fiscal year
thereafter, the amount to be withheld under
this section shall be an amount equal to 8
percent of the amount apportioned to the
noncompliant State, as described in
subparagraph (A), under paragraphs (1) and (2)
of section 104(b).''.
(g) Drug Offenders.--Section 159 of title 23, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as
paragraph (1);
(C) in paragraph (1) (as so redesignated)
by striking ``(including any amounts withheld
under paragraph (1))''; and
(D) by inserting after paragraph (1) (as so
redesignated) the following:
``(2) Fiscal year 2012 and thereafter.--The
Secretary shall withhold an amount equal to 8 percent
of the amount required to be apportioned to any State
under each of paragraphs (1) and (2) of section 104(b)
on the first day of each fiscal year beginning after
September 30, 2011, if the State fails to meet the
requirements of paragraph (3) on the first day of the
fiscal year.''; and
(2) by striking subsection (b) and inserting the
following:
``(b) Effect of Noncompliance.--No funds withheld under
this section from apportionments to any State shall be
available for apportionment to that State.''.
(h) Zero Tolerance Blood Alcohol Concentration for
Minors.--Section 161(a) of title 23, United States Code, is
amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph
(1);
(3) in paragraph (1) (as so redesignated)--
(A) by striking the paragraph heading and
inserting ``Prior to fiscal year 2012''; and
(B) by inserting ``through fiscal year
2011'' after ``each fiscal year thereafter'';
and
(4) by inserting after paragraph (1) (as so
redesignated) the following:
``(2) Fiscal year 2012 and thereafter.--The
Secretary shall withhold an amount equal to 8 percent
of the amount required to be apportioned to any State
under each of paragraphs (1) and (2) of section 104(b)
on October 1, 2011, and on October 1 of each fiscal
year thereafter, if the State does not meet the
requirement of paragraph (3) on that date.''.
(i) Operation of Motor Vehicles by Intoxicated Persons.--
Section 163(e) of title 23, United States Code, is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) Fiscal years 2007 through 2011.--On October
1, 2006, and October 1 of each fiscal year thereafter
through fiscal year 2011, if a State has not enacted or
is not enforcing a law described in subsection (a), the
Secretary shall withhold an amount equal to 8 percent
of the amounts to be apportioned to the State on that
date under each of paragraphs (1), (3), and (4) of
section 104(b).
``(2) Fiscal year 2012 and thereafter.--On October
1, 2011, and October 1 of each fiscal year thereafter,
if a State has not enacted or is not enforcing a law
described in subsection (a), the Secretary shall
withhold an amount equal to 6 percent of the amounts to
be apportioned to the State on that date under each of
paragraphs (1) and (2) of section 104(b).''.
(j) Commercial Driver's License.--Section 31314 of title
49, United States Code, is amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the
following:
``(c) Penalties Imposed in Fiscal Year 2012 and
Thereafter.--Effective beginning on October 1, 2011--
``(1) the penalty for the first instance of
noncompliance by a State under this section shall be
not more than an amount equal to 4 percent of funds
required to be apportioned to the noncompliant State
under paragraphs (1) and (2) of section 104(b) of title
23; and
``(2) the penalty for subsequent instances of
noncompliance shall be not more than an amount equal to
8 percent of funds required to be apportioned to the
noncompliant State under paragraphs (1) and (2) of
section 104(b) of title 23.''.
SEC. 1405. HIGHWAY WORKER SAFETY.
Not later than 60 days after the date of enactment of this
Act, the Secretary shall modify section 630.1108(a) of title
23, Code of Federal Regulations (as in effect on the date of
enactment of this Act), to ensure that--
(1) at a minimum, positive protective measures are
used to separate workers on highway construction
projects from motorized traffic in all work zones
conducted under traffic in areas that offer workers no
means of escape (such as tunnels and bridges), unless
an engineering study determines otherwise;
(2) temporary longitudinal traffic barriers are
used to protect workers on highway construction
projects in long-duration stationary work zones when
the project design speed is anticipated to be high and
the nature of the work requires workers to be within 1
lane-width from the edge of a live travel lane,
unless--
(A) an analysis by the project sponsor
determines otherwise; or
(B) the project is outside of an urbanized
area and the annual average daily traffic load
of the applicable road is less than 100
vehicles per hour; and
(3) when positive protective devices are necessary
for highway construction projects, those devices are
paid for on a unit-pay basis, unless doing so would
create a conflict with innovative contracting
approaches, such as design-build or some performance-
based contracts under which the contractor is paid to
assume a certain risk allocation and payment is
generally made on a lump-sum basis.
Subtitle E--Miscellaneous
SEC. 1501. REAL-TIME RIDESHARING.
Paragraph (3) of section 101(a) of title 23, United States
Code (as redesignated by section 1103(a)(2)), is amended by
striking ``and designating existing facilities for use for
preferential parking for carpools'' and inserting ``designating
existing facilities for use for preferential parking for
carpools, and real-time ridesharing projects, such as projects
where drivers, using an electronic transfer of funds, recover
costs directly associated with the trip provided through the
use of location technology to quantify those direct costs,
subject to the condition that the cost recovered does not
exceed the cost of the trip provided''.
SEC. 1502. PROGRAM EFFICIENCIES.
The first sentence of section 102(b) of title 23, United
States Code, is amended by striking ``made available for such
engineering'' and inserting ``reimbursed for the preliminary
engineering''.
SEC. 1503. PROJECT APPROVAL AND OVERSIGHT.
(a) In General.--Section 106 of title 23, United States
Code, is amended--
(1) in subsection (a)(2) by inserting ``recipient''
before ``formalizing'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the heading, by striking
``Non-interstate'';
(ii) by striking ``but not on the
Interstate System''; and inserting ``,
including projects on the Interstate
System''; and
(iii) by striking ``of projects''
and all that follows through the period
at the end and inserting ``with respect
to the projects unless the Secretary
determines that the assumption is not
appropriate.''; and
(B) by striking paragraph (4) and inserting
the following:
``(4) Limitation on interstate projects.--
``(A) In general.--The Secretary shall not
assign any responsibilities to a State for
projects the Secretary determines to be in a
high risk category, as defined under
subparagraph (B).
``(B) High risk categories.--The Secretary
may define the high risk categories under this
subparagraph on a national basis, a State-by-
State basis, or a national and State-by-State
basis, as determined to be appropriate by the
Secretary.'';
(3) in subsection (e)--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause
(i)--
(I) by striking ``concept''
and inserting ``planning''; and
(II) by striking
``multidisciplined'' and
inserting
``multidisciplinary''; and
(ii) by striking clause (i) and
inserting the following:
``(i) providing the needed
functions safely, reliably, and at the
lowest overall lifecycle cost;'';
(B) in paragraph (2)--
(i) in the matter preceding
subparagraph (A) by striking ``or other
cost-reduction analysis'';
(ii) in subparagraph (A)--
(I) by striking ``Federal-
aid system'' and inserting
``National Highway System
receiving Federal assistance'';
and
(II) by striking
``$25,000,000'' and inserting
``$50,000,000''; and
(iii) in subparagraph (B)--
(I) by inserting ``on the
National Highway System
receiving Federal assistance''
after ``a bridge project''; and
(II) by striking
``$20,000,000'' and inserting
``$40,000,000''; and
(C) by striking paragraph (4) and inserting
the following:
``(4) Requirements.--
``(A) Value engineering program.--The State
shall develop and carry out a value engineering
program that--
``(i) establishes and documents
value engineering program policies and
procedures;
``(ii) ensures that the required
value engineering analysis is conducted
before completing the final design of a
project;
``(iii) ensures that the value
engineering analysis that is conducted,
and the recommendations developed and
implemented for each project, are
documented in a final value engineering
report; and
``(iv) monitors, evaluates, and
annually submits to the Secretary a
report that describes the results of
the value analyses that are conducted
and the recommendations implemented for
each of the projects described in
paragraph (2) that are completed in the
State.
``(B) Bridge projects.--The value
engineering analysis for a bridge project under
paragraph (2) shall--
``(i) include bridge superstructure
and substructure requirements based on
construction material; and
``(ii) be evaluated by the State--
``(I) on engineering and
economic bases, taking into
consideration acceptable
designs for bridges; and
``(II) using an analysis of
lifecycle costs and duration of
project construction.
``(5) Design-build projects.--A requirement to
provide a value engineering analysis under this
subsection shall not apply to a project delivered using
the design-build method of construction.'';
(4) in subsection (h)--
(A) in paragraph (1)(B) by inserting ``,
including a phasing plan when applicable''
after ``financial plan''; and
(B) by striking paragraph (3) and inserting
the following:
``(3) Financial plan.--A financial plan--
``(A) shall be based on detailed estimates
of the cost to complete the project;
``(B) shall provide for the annual
submission of updates to the Secretary that are
based on reasonable assumptions, as determined
by the Secretary, of future increases in the
cost to complete the project;
``(C) may include a phasing plan that
identifies fundable incremental improvements or
phases that will address the purpose and the
need of the project in the short term in the
event there are insufficient financial
resources to complete the entire project. If a
phasing plan is adopted for a project pursuant
to this section, the project shall be deemed to
satisfy the fiscal constraint requirements in
the statewide and metropolitan planning
requirements in sections 134 and 135; and
``(D) shall assess the appropriateness of a
public-private partnership to deliver the
project.''; and
(5) by adding at the end the following:
``(j) Use of Advanced Modeling Technologies.--
``(1) Definition of advanced modeling technology.--
In this subsection, the term `advanced modeling
technology' means an available or developing
technology, including 3-dimensional digital modeling,
that can--
``(A) accelerate and improve the
environmental review process;
``(B) increase effective public
participation;
``(C) enhance the detail and accuracy of
project designs;
``(D) increase safety;
``(E) accelerate construction, and reduce
construction costs; or
``(F) otherwise expedite project delivery
with respect to transportation projects that
receive Federal funding.
``(2) Program.--With respect to transportation
projects that receive Federal funding, the Secretary
shall encourage the use of advanced modeling
technologies during environmental, planning, financial
management, design, simulation, and construction
processes of the projects.
``(3) Activities.--In carrying out paragraph (2),
the Secretary shall--
``(A) compile information relating to
advanced modeling technologies, including
industry best practices with respect to the use
of the technologies;
``(B) disseminate to States information
relating to advanced modeling technologies,
including industry best practices with respect
to the use of the technologies; and
``(C) promote the use of advanced modeling
technologies.
``(4) Comprehensive plan.--The Secretary shall
develop and publish on the public website of the
Department of Transportation a detailed and
comprehensive plan for the implementation of paragraph
(2).''.
(b) Review of Oversight Program.--
(1) In general.--The Secretary shall review the
oversight program established under section 106(g) of
title 23, United States Code, to determine the efficacy
of the program in monitoring the effective and
efficient use of funds authorized to carry out title
23, United States Code.
(2) Minimum requirements for review.--At a minimum,
the review under paragraph (1) shall assess the
capability of the program to--
(A) identify projects funded under title
23, United States Code, for which there are
cost or schedule overruns; and
(B) evaluate the extent of such overruns.
(3) Report to congress.--Not later than 2 years
after the date of enactment of this Act, the Secretary
shall transmit 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 on the results of the review conducted under
paragraph (1), which shall include recommendations for
legislative changes to improve the oversight program
established under section 106(g) of title 23, United
States Code.
(c) Transparency and Accountability.--
(1) Data collection.--The Secretary shall compile
and make available on the public website of the
Department of Transportation the annual expenditure
data for funds made available under title 23 and
chapter 53 of title 49, United States Code.
(2) Requirements.--In carrying out paragraph (1),
the Secretary shall ensure that the data made available
on the public website of the Department of
Transportation--
(A) is organized by project and State;
(B) to the maximum extent practicable, is
updated regularly to reflect the current status
of obligations, expenditures, and Federal-aid
projects; and
(C) can be searched and downloaded by users
of the website.
(3) Report to congress.--The Secretary shall
annually submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report containing a summary of the data
described in paragraph (1) for the 1-year period ending
on the date on which the report is submitted.
SEC. 1504. STANDARDS.
Section 109 of title 23, United States Code, is amended by
adding at the end the following:
``(r) Pavement Markings.--The Secretary shall not approve
any pavement markings project that includes the use of glass
beads containing more than 200 parts per million of arsenic or
lead, as determined in accordance with Environmental Protection
Agency testing methods 3052, 6010B, or 6010C.''.
SEC. 1505. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE INTERSTATE
SYSTEM.
Section 111 of title 23, United States Code, is amended by
adding at the end the following:
``(e) Justification Reports.--If the Secretary requests or
requires a justification report for a project that would add a
point of access to, or exit from, the Interstate System, the
Secretary may permit a State transportation department to
approve the report.''.
SEC. 1506. CONSTRUCTION.
Section 114(b) of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) by striking paragraph (1) and inserting
the following:
``(1) Limitation on convict labor.--Convict labor
shall not be used in construction of Federal-aid
highways or portions of Federal-aid highways unless the
labor is performed by convicts who are on parole,
supervised release, or probation.''; and
(B) in paragraph (3) by inserting ``in
existence during that period'' after ``located
on a Federal-aid system''; and
(2) by adding at the end the following:
``(d) Veterans Employment.---
``(1) In general.--Subject to paragraph (2), a
recipient of Federal financial assistance under this
chapter shall, to the extent practicable, encourage
contractors working on a highway project funded using
the assistance to make a best faith effort in the
hiring or referral of laborers on any project for the
construction of a highway to veterans (as defined in
section 2108 of title 5) who have the requisite skills
and abilities to perform the construction work required
under the contract.
``(2) Administration.--This subsection shall not--
``(A) apply to projects subject to section
140(d); or
``(B) be administered or enforced in any
manner that would require an employer to give a
preference to any veteran over any equally
qualified applicant who is a member of any
racial or ethnic minority, a female, or any
equally qualified former employee.''.
SEC. 1507. MAINTENANCE.
Section 116 of title 23, United States Code, is amended--
(1) by redesignating subsections (a) through (d) as
subsections (b) through (e), respectively;
(2) by inserting before subsection (b) (as so
redesignated) the following:
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Preventive maintenance.--The term `preventive
maintenance' includes pavement preservation programs
and activities.
``(2) Pavement preservation programs and
activities.--The term `pavement preservation programs
and activities' means programs and activities employing
a network level, long-term strategy that enhances
pavement performance by using an integrated, cost-
effective set of practices that extend pavement life,
improve safety, and meet road user expectations.'';
(3) in subsection (b) (as so redesignated)--
(A) in the first sentence, by inserting
``or other direct recipient'' before ``to
maintain''; and
(B) by striking the second sentence;
(4) by striking subsection (c) (as so redesignated)
and inserting the following:
``(c) Agreement.--In any State in which the State
transportation department or other direct recipient is without
legal authority to maintain a project described in subsection
(b), the transportation department or direct recipient shall
enter into a formal agreement with the appropriate officials of
the county or municipality in which the project is located to
provide for the maintenance of the project.''; and
(5) in the first sentence of subsection (d) (as so
redesignated) by inserting ``or other direct
recipient'' after ``State transportation department''.
SEC. 1508. FEDERAL SHARE PAYABLE.
Section 120 of title 23, United States Code, is amended--
(1) in the first sentence of subsection (c)(1)--
(A) by inserting ``maintaining minimum
levels of retroreflectivity of highway signs or
pavement markings,'' after ``traffic control
signalization,'';
(B) by inserting ``shoulder and centerline
rumble strips and stripes,'' after ``pavement
marking,''; and
(C) by striking ``Federal-aid systems'' and
inserting ``Federal-aid programs'';
(2) by striking subsection (e) and inserting the
following:
``(e) Emergency Relief.--The Federal share payable for any
repair or reconstruction provided for by funds made available
under section 125 for any project on a Federal-aid highway,
including the Interstate System, shall not exceed the Federal
share payable on a project on the system as provided in
subsections (a) and (b), except that--
``(1) the Federal share payable for eligible
emergency repairs to minimize damage, protect
facilities, or restore essential traffic accomplished
within 180 days after the actual occurrence of the
natural disaster or catastrophic failure may amount to
100 percent of the cost of the repairs;
``(2) the Federal share payable for any repair or
reconstruction of Federal land transportation
facilities, Federal land access transportation
facilities, and tribal transportation facilities may
amount to 100 percent of the cost of the repair or
reconstruction;
``(3) the Secretary shall extend the time period in
paragraph (1) taking into consideration any delay in
the ability of the State to access damaged facilities
to evaluate damage and the cost of repair; and
``(4) the Federal share payable for eligible
permanent repairs to restore damaged facilities to
predisaster condition may amount to 90 percent of the
cost of the repairs if the eligible expenses incurred
by the State due to natural disasters or catastrophic
failures in a Federal fiscal year exceeds the annual
apportionment of the State under section 104 for the
fiscal year in which the disasters or failures
occurred.'';
(3) by striking subsection (g) and redesignating
subsections (h) through (l) as subsections (g) through
(k), respectively;
(4) in subsection (i)(1)(A) (as redesignated by
paragraph (3)) by striking ``and the Appalachian
development highway system program under section 14501
of title 40''; and
(5) by striking subsections (j) and (k) (as
redesignated by paragraph (3)) and inserting the
following:
``(j) Use of Federal Agency Funds.--Notwithstanding any
other provision of law, any Federal funds other than those made
available under this title and title 49 may be used to pay the
non-Federal share of the cost of any transportation project
that is within, adjacent to, or provides access to Federal
land, the Federal share of which is funded under this title or
chapter 53 of title 49.
``(k) Use of Federal Land and Tribal Transportation
Funds.--Notwithstanding any other provision of law, the funds
authorized to be appropriated to carry out the tribal
transportation program under section 202 and the Federal lands
transportation program under section 203 may be used to pay the
non-Federal share of the cost of any project that is funded
under this title or chapter 53 of title 49 and that provides
access to or within Federal or tribal land.''.
SEC. 1509. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
(a) In General.--Section 126 of title 23, United States
Code, is amended to read as follows:
``Sec. 126. Transferability of Federal-aid highway funds
``(a) In General.--Notwithstanding any other provision of
law, subject to subsection (b), a State may transfer from an
apportionment under section 104(b) not to exceed 50 percent of
the amount apportioned for the fiscal year to any other
apportionment of the State under that section.
``(b) Application to Certain Set-asides.--
``(1) In general.--Funds that are subject to
sections 104(d) and 133(d) shall not be transferred
under this section.
``(2) Funds transferred by states.--Funds
transferred by a State under this section of the
funding reserved for the State under section 213 for a
fiscal year may only come from the portion of those
funds that are available for obligation in any area of
the State under section 213(c)(1)(B).''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 126 and inserting the following:
``126. Transferability of Federal-aid highway funds.''.
SEC. 1510. IDLE REDUCTION TECHNOLOGY.
Section 127(a)(12) of title 23, United States Code, is
amended--
(1) in subparagraph (B), by striking ``400'' and
inserting ``550''; and
(2) in subparagraph (C)(ii), by striking ``400-
pound'' and inserting ``550-pound''.
SEC. 1511. SPECIAL PERMITS DURING PERIODS OF NATIONAL EMERGENCY.
Section 127 of title 23, United States Code, is amended by
inserting at the end the following:
``(i) Special Permits During Periods of National
Emergency.--
``(1) In general.--Notwithstanding any other
provision of this section, a State may issue special
permits during an emergency to overweight vehicles and
loads that can easily be dismantled or divided if--
``(A) the President has declared the
emergency to be a major disaster under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.);
``(B) the permits are issued in accordance
with State law; and
``(C) the permits are issued exclusively to
vehicles and loads that are delivering relief
supplies.
``(2) Expiration.--A permit issued under paragraph
(1) shall expire not later than 120 days after the date
of the declaration of emergency under subparagraph (A)
of that paragraph.''.
SEC. 1512. TOLLING.
(a) Amendment to Tolling Provision.--Section 129(a) of
title 23, United States Code, is amended to read as follows:
``(a) Basic Program.--
``(1) Authorization for federal participation.--
Subject to the provisions of this section, Federal
participation shall be permitted on the same basis and
in the same manner as construction of toll-free
highways is permitted under this chapter in the--
``(A) initial construction of a toll
highway, bridge, or tunnel or approach to the
highway, bridge, or tunnel;
``(B) initial construction of 1 or more
lanes or other improvements that increase
capacity of a highway, bridge, or tunnel (other
than a highway on the Interstate System) and
conversion of that highway, bridge, or tunnel
to a tolled facility, if the number of toll-
free lanes, excluding auxiliary lanes, after
the construction is not less than the number of
toll-free lanes, excluding auxiliary lanes,
before the construction;
``(C) initial construction of 1 or more
lanes or other improvements that increase the
capacity of a highway, bridge, or tunnel on the
Interstate System and conversion of that
highway, bridge, or tunnel to a tolled
facility, if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after such
construction is not less than the number of
toll-free non-HOV lanes, excluding auxiliary
lanes, before such construction;
``(D) reconstruction, resurfacing,
restoration, rehabilitation, or replacement of
a toll highway, bridge, or tunnel or approach
to the highway, bridge, or tunnel;
``(E) reconstruction or replacement of a
toll-free bridge or tunnel and conversion of
the bridge or tunnel to a toll facility;
``(F) reconstruction of a toll-free
Federal-aid highway (other than a highway on
the Interstate System) and conversion of the
highway to a toll facility;
``(G) reconstruction, restoration, or
rehabilitation of a highway on the Interstate
System if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after
reconstruction, restoration, or rehabilitation
is not less than the number of toll-free non-
HOV lanes, excluding auxiliary lanes, before
reconstruction, restoration, or rehabilitation;
``(H) conversion of a high occupancy
vehicle lane on a highway, bridge, or tunnel to
a toll facility; and
``(I) preliminary studies to determine the
feasibility of a toll facility for which
Federal participation is authorized under this
paragraph.
``(2) Ownership.--Each highway, bridge, tunnel, or
approach to the highway, bridge, or tunnel constructed
under this subsection shall--
``(A) be publicly owned; or
``(B) be privately owned if the public
authority with jurisdiction over the highway,
bridge, tunnel, or approach has entered into a
contract with 1 or more private persons to
design, finance, construct, and operate the
facility and the public authority will be
responsible for complying with all applicable
requirements of this title with respect to the
facility.
``(3) Limitations on use of revenues.--
``(A) In general.--A public authority with
jurisdiction over a toll facility shall use all
toll revenues received from operation of the
toll facility only for--
``(i) debt service with respect to
the projects on or for which the tolls
are authorized, including funding of
reasonable reserves and debt service on
refinancing;
``(ii) a reasonable return on
investment of any private person
financing the project, as determined by
the State or interstate compact of
States concerned;
``(iii) any costs necessary for the
improvement and proper operation and
maintenance of the toll facility,
including reconstruction, resurfacing,
restoration, and rehabilitation;
``(iv) if the toll facility is
subject to a public-private partnership
agreement, payments that the party
holding the right to toll revenues owes
to the other party under the public-
private partnership agreement; and
``(v) if the public authority
certifies annually that the tolled
facility is being adequately
maintained, any other purpose for which
Federal funds may be obligated by a
State under this title.
``(B) Annual audit.--
``(i) In general.--A public
authority with jurisdiction over a toll
facility shall conduct or have an
independent auditor conduct an annual
audit of toll facility records to
verify adequate maintenance and
compliance with subparagraph (A), and
report the results of the audits to the
Secretary.
``(ii) Records.--On reasonable
notice, the public authority shall make
all records of the public authority
pertaining to the toll facility
available for audit by the Secretary.
``(C) Noncompliance.--If the Secretary
concludes that a public authority has not
complied with the limitations on the use of
revenues described in subparagraph (A), the
Secretary may require the public authority to
discontinue collecting tolls until an agreement
with the Secretary is reached to achieve
compliance with the limitation on the use of
revenues described in subparagraph (A).
``(4) Limitations on conversion of high occupancy
vehicle facilities on interstate system.--
``(A) In general.--A public authority with
jurisdiction over a high occupancy vehicle
facility on the Interstate System may undertake
reconstruction, restoration, or rehabilitation
under paragraph (1)(G) on the facility, and may
levy tolls on vehicles, excluding high
occupancy vehicles, using the reconstructed,
restored, or rehabilitated facility, if the
public authority--
``(i) in the case of a high
occupancy vehicle facility that affects
a metropolitan area, submits to the
Secretary a written assurance that the
metropolitan planning organization
designated under section 5203 of title
49 for the area has been consulted
concerning the placement and amount of
tolls on the converted facility;
``(ii) develops, manages, and
maintains a system that will
automatically collect the toll; and
``(iii) establishes policies and
procedures--
``(I) to manage the demand
to use the facility by varying
the toll amount that is
charged; and
``(II) to enforce sanctions
for violations of use of the
facility.
``(B) Exemption from tolls.--In levying
tolls on a facility under subparagraph (A), a
public authority may designate classes of
vehicles that are exempt from the tolls or
charge different toll rates for different
classes of vehicles.
``(5) Special rule for funding.--
``(A) In general.--In the case of a toll
facility under the jurisdiction of a public
authority of a State (other than the State
transportation department), on request of the
State transportation department and subject to
such terms and conditions as the department and
public authority may agree, the Secretary,
working through the State department of
transportation, shall reimburse the public
authority for the Federal share of the costs of
construction of the project carried out on the
toll facility under this subsection in the same
manner and to the same extent as the department
would be reimbursed if the project was being
carried out by the department.
``(B) Source.--The reimbursement of funds
under this paragraph shall be from sums
apportioned to the State under this chapter and
available for obligations on projects on the
Federal-aid system in the State on which the
project is being carried out.
``(6) Limitation on federal share.--The Federal
share payable for a project described in paragraph (1)
shall be a percentage determined by the State, but not
to exceed 80 percent.
``(7) Modifications.--If a public authority
(including a State transportation department) with
jurisdiction over a toll facility subject to an
agreement under this section or section 119(e), as in
effect on the day before the effective date of title I
of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 1915), requests modification of the
agreement, the Secretary shall modify the agreement to
allow the continuation of tolls in accordance with
paragraph (3) without repayment of Federal funds.
``(8) Loans.--
``(A) In general.--
``(i) Loans.--Using amounts made
available under this title, a State may
loan to a public or private entity
constructing or proposing to construct
under this section a toll facility or
non-toll facility with a dedicated
revenue source an amount equal to all
or part of the Federal share of the
cost of the project if the project has
a revenue source specifically dedicated
to the project.
``(ii) Dedicated revenue sources.--
Dedicated revenue sources for non-toll
facilities include excise taxes, sales
taxes, motor vehicle use fees, tax on
real property, tax increment financing,
and such other dedicated revenue
sources as the Secretary determines
appropriate.
``(B) Compliance with federal laws.--As a
condition of receiving a loan under this
paragraph, the public or private entity that
receives the loan shall ensure that the project
will be carried out in accordance with this
title and any other applicable Federal law,
including any applicable provision of a Federal
environmental law.
``(C) Subordination of debt.--The amount of
any loan received for a project under this
paragraph may be subordinated to any other debt
financing for the project.
``(D) Obligation of funds loaned.--Funds
loaned under this paragraph may only be
obligated for projects under this paragraph.
``(E) Repayment.--The repayment of a loan
made under this paragraph shall commence not
later than 5 years after date on which the
facility that is the subject of the loan is
open to traffic.
``(F) Term of loan.--The term of a loan
made under this paragraph shall not exceed 30
years from the date on which the loan funds are
obligated.
``(G) Interest.--A loan made under this
paragraph shall bear interest at or below
market interest rates, as determined by the
State, to make the project that is the subject
of the loan feasible.
``(H) Reuse of funds.--Amounts repaid to a
State from a loan made under this paragraph may
be obligated--
``(i) for any purpose for which the
loan funds were available under this
title; and
``(ii) for the purchase of
insurance or for use as a capital
reserve for other forms of credit
enhancement for project debt in order
to improve credit market access or to
lower interest rates for projects
eligible for assistance under this
title.
``(I) Guidelines.--The Secretary shall
establish procedures and guidelines for making
loans under this paragraph.
``(9) State law permitting tolling.--If a State
does not have a highway, bridge, or tunnel toll
facility as of the date of enactment of the MAP-21,
before commencing any activity authorized under this
section, the State shall have in effect a law that
permits tolling on a highway, bridge, or tunnel.
``(10) Definitions.--In this subsection, the
following definitions apply:
``(A) High occupancy vehicle; hov.--The
term `high occupancy vehicle' or `HOV' means a
vehicle with not fewer than 2 occupants.
``(B) Initial construction.--
``(i) In general.--The term
`initial construction' means the
construction of a highway, bridge,
tunnel, or other facility at any time
before it is open to traffic.
``(ii) Exclusions.--The term
`initial construction' does not include
any improvement to a highway, bridge,
tunnel, or other facility after it is
open to traffic.
``(C) Public authority.--The term `public
authority' means a State, interstate compact of
States, or public entity designated by a State.
``(D) Toll facility.--The term `toll
facility' means a toll highway, bridge, or
tunnel or approach to the highway, bridge, or
tunnel constructed under this subsection.''.
(b) Electronic Toll Collection Interoperability
Requirements.--Not later than 4 years after the date of
enactment of this Act, all toll facilities on the Federal-aid
highways shall implement technologies or business practices
that provide for the interoperability of electronic toll
collection programs.
SEC. 1513. MISCELLANEOUS PARKING AMENDMENTS.
(a) Fringe and Corridor Parking Facilities.--Section 137 of
title 23, United States Code, is amended--
(1) in subsection (f)(1)--
(A) by striking ``104(b)(4)'' and inserting
``104(b)(1)''; and
(B) by inserting ``including the addition
of electric vehicle charging stations or
natural gas vehicle refueling stations,'' after
``new facilities,''; and
(2) by adding at the end the following:
``(g) Funding.--The addition of electric vehicle charging
stations or natural gas vehicle refueling stations to new or
previously funded parking facilities shall be eligible for
funding under this section.''.
(b) Public Transportation.--Section 142(a)(1) of title 23,
United States Code, is amended by inserting ``, which may
include electric vehicle charging stations or natural gas
vehicle refueling stations,'' after ``parking facilities''.
(c) Forest Development Roads and Trails.--Section 205(d) of
title 23, United States Code, is amended by inserting ``, which
may include electric vehicle charging stations or natural gas
vehicle refueling stations,'' after ``parking areas''.
SEC. 1514. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended--
(1) in subsection (b)(5)--
(A) in subparagraph (A) by striking
``2009'' and inserting ``2017'';
(B) in subparagraph (B) by striking
``2009'' and inserting ``2017''; and
(C) in subparagraph (C)--
(i) by striking ``subparagraph
(B)'' and inserting ``this paragraph'';
and
(ii) by inserting ``or equal to''
after ``less than'';
(2) in subsection (c) by striking paragraph (3) and
inserting the following:
``(3) Toll revenue.--Toll revenue collected under
this section is subject to the requirements of section
129(a)(3).''; and
(3) in subsection (d)(1)--
(A) in the matter preceding subparagraph
(A)--
(i) by striking ``in a fiscal year
shall certify'' and inserting ``shall
submit to the Secretary a report
demonstrating that the facility is not
already degraded, and that the presence
of the vehicles will not cause the
facility to become degraded, and
certify''; and
(ii) by striking ``in the fiscal
year'';
(B) in subparagraph (A) by inserting ``and
submitting to the Secretary annual reports of
those impacts'' after ``adjacent highways'';
(C) in subparagraph (C) by striking ``if
the presence of the vehicles has degraded the
operation of the facility'' and inserting
``whenever the operation of the facility is
degraded''; and
(D) by adding at the end the following:
``(D) Maintenance of operating
performance.--Not later than 180 days after the
date on which a facility is degraded pursuant
to the standard specified in paragraph (2), the
State agency with jurisdiction over the
facility shall bring the facility into
compliance with the minimum average operating
speed performance standard through changes to
operation of the facility, including--
``(i) increasing the occupancy
requirement for HOV lanes;
``(ii) varying the toll charged to
vehicles allowed under subsection (b)
to reduce demand;
``(iii) discontinuing allowing non-
HOV vehicles to use HOV lanes under
subsection (b); or
``(iv) increasing the available
capacity of the HOV facility.
``(E) Compliance.--If the State fails to
bring a facility into compliance under
subparagraph (D), the Secretary shall subject
the State to appropriate program sanctions
under section 1.36 of title 23, Code of Federal
Regulations (or successor regulations), until
the performance is no longer degraded.''.
SEC. 1515. FUNDING FLEXIBILITY FOR TRANSPORTATION EMERGENCIES.
(a) In General.--Chapter 1 of title 23, United States Code
(as amended by section 1311(a)), is amended by adding at the
end the following:
``Sec. 170. Funding flexibility for transportation emergencies
``(a) In General.--Notwithstanding any other provision of
law, a State may use up to 100 percent of any covered funds of
the State to repair or replace a transportation facility that
has suffered serious damage as a result of a natural disaster
or catastrophic failure from an external cause.
``(b) Declaration of Emergency.--Funds may be used under
this section only for a disaster or emergency declared by the
President pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
``(c) Repayment.--Funds used under subsection (a) shall be
repaid to the program from which the funds were taken in the
event that such repairs or replacement are subsequently covered
by a supplemental appropriation of funds.
``(d) Definitions.--In this section, the following
definitions apply:
``(1) Covered funds.--The term `covered funds'
means any amounts apportioned to a State under section
104(b), other than amounts suballocated to metropolitan
areas and other areas of the State under section
133(d), but including any such amounts required to be
set aside for a purpose other than the repair or
replacement of a transportation facility under this
section.
``(2) Transportation facility.--The term
`transportation facility' means any facility eligible
for assistance under section 125.''.
(b) Technical and Conforming Amendment.--The analysis for
chapter 1 of title 23, United States Code (as amended by
section 1311(b)), is amended by adding at the end the
following:
``170. Funding flexibility for transportation emergencies.''.
SEC. 1516. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO ADDRESS
TRANSPORTATION INFRASTRUCTURE IN THE VICINITY OF
MILITARY INSTALLATIONS.
The second sentence of section 210(a)(2) of title 23,
United States Code, is amended by inserting ``, in consultation
with the Secretary of Transportation,'' before ``shall
determine''.
SEC. 1517. MAPPING.
(a) In General.--Section 306 of title 23, United States
Code, is amended--
(1) in subsection (a) by striking ``may'' and
inserting ``shall'';
(2) in subsection (b) in the second sentence by
striking ``State and'' and inserting ``State government
and''; and
(3) by adding at the end the following:
``(c) Implementation.--The Secretary shall develop a
process for the oversight and monitoring, on an annual basis,
of the compliance of each State with the guidance issued under
subsection (b).''.
(b) Survey.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall conduct a survey of
all States to determine what percentage of projects carried out
under title 23, United States Code, in each State utilize
private sector sources for surveying and mapping services.
SEC. 1518. BUY AMERICA PROVISIONS.
Section 313 of title 23, United States Code, is amended by
adding at the end the following:
``(g) Application to Highway Programs.--The requirements
under this section shall apply to all contracts eligible for
assistance under this chapter for a project carried out within
the scope of the applicable finding, determination, or decision
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), regardless of the funding source of such
contracts, if at least 1 contract for the project is funded
with amounts made available to carry out this title.''.
SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE PROVISIONS.
(a) Consolidation of Programs.--From administrative funds
made available under section 104(a) of title 23, United States
Code, not less than $3,000,000 for each of fiscal years 2013
and 2014 shall be made available--
(1) to carry out safety-related activities,
including--
(A) to carry out the operation lifesaver
program--
(i) to provide public information
and education programs to help prevent
and reduce motor vehicle accidents,
injuries, and fatalities; and
(ii) to improve driver performance
at railway-highway crossings; and
(B) to provide work zone safety grants in
accordance with subsections (a) and (b) of
section 1409 of the SAFETEA-LU (23 U.S.C. 401
note; 119 Stat. 1232); and
(2) to operate authorized safety-related
clearinghouses, including--
(A) the national work zone safety
information clearinghouse authorized by section
358(b)(2) of the National Highway System
Designation Act of 1995 (23 U.S.C. 401 note;
109 Stat. 625); and
(B) a public road safety clearinghouse in
accordance with section 1411(a) of the SAFETEA-
LU (23 U.S.C. 402 note; 119 Stat. 1234).
(b) Repeals.--
(1) Title 23.--
(A) In general.--Sections 105, 110, 117,
124, 151, 155, 157, 160, 212, 216, 303, and 309
of title 23, United States Code, are repealed.
(B) Set asides.--Section 118 of title 23,
United States Code, is amended--
(i) by striking subsection (c); and
(ii) by redesignating subsections
(d) and (e) as subsections (c) and (d),
respectively.
(2) SAFETEA-LU.--Sections 1302, 1305, 1306, 1803,
1804, 1907, and 1958 of SAFETEA-LU (Public Law 109-59)
are repealed.
(3) Additional.--Section 1132 of the Energy
Independence and Security Act of 2007 (Public Law 110-
140; 121 Stat. 1763) is repealed.
(c) Conforming Amendments.--
(1) Title analysis.--
(A) Chapter 1.--The analysis for chapter 1
of title 23, United States Code, is amended by
striking the items relating to sections 105,
110, 117, 124, 151, 155, 157, and 160.
(B) Chapter 2.--The analysis for chapter 2
of title 23, United States Code, is amended by
striking the items relating to sections 212 and
216.
(C) Chapter 3.--The analysis for chapter 3
of title 23, United States Code, is amended by
striking the items relating to sections 303 and
309.
(2) Table of contents.--The table of contents
contained in section 1(b) of SAFETEA-LU (Public Law
109-59; 119 Stat. 1144) is amended by striking the
items relating to sections 1302, 1305, 1306, 1803,
1804, 1907, and 1958.
(3) Section 104.--Section 104(e) of title 23,
United States Code, is amended by striking ``, 105,''.
(4) Section 109.--Section 109(q) of title 23,
United States Code, is amended by striking ``in
accordance with section 303 or''.
(5) Section 118.--Section 118(b) of title 23,
United States Code, is amended--
(A) by striking paragraph (1) and all that
follows through the heading of paragraph (2);
and
(B) by striking ``(other than for
Interstate construction)''.
(6) Section 130.--Section 130 of title 23, United
States Code, is amended--
(A) in subsection (e) by striking ``section
104(b)(5)'' and inserting ``section
104(b)(3)'';
(B) in subsection (f)(1) by inserting ``as
in effect on the day before the date of
enactment of the MAP-21'' after ``section
104(b)(3)(A)''; and
(C) in subsection (l) by striking
paragraphs (3) and (4).
(7) Section 131.--Section 131(m) of title 23,
United States Code, is amended by striking ``Subject to
approval by the Secretary in accordance with the
program of projects approval process of section 105, a
State'' and inserting ``A State''.
(8) Section 133.--Paragraph (13) of section 133(b)
of title 23, United States Code (as amended by section
1108(a)(3)), is amended by striking ``under section
303.''
(9) Section 142.--Section 142 of title 23, United
States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``motor
vehicles (other than rail)''
and inserting ``buses'';
(II) by striking
``(hereafter in this section
referred to as `buses')'';
(III) by striking
``Federal-aid systems'' and
inserting ``Federal-aid
highways''; and
(IV) by striking ``Federal-
aid system'' and inserting
``Federal-aid highway''; and
(ii) in paragraph (2)--
(I) by striking ``as a
project on the the surface
transportation program for'';
and
(II) by striking ``section
104(b)(3)'' and inserting
``section 104(b)(2)'';
(B) in subsection (b) by striking
``104(b)(4)'' and inserting ``104(b)(1)'';
(C) in subsection (c)--
(i) by striking ``system'' in each
place it appears and inserting
``highway''; and
(ii) by striking ``highway
facilities'' and inserting ``highways
eligible under the program that is the
source of the funds'';
(D) in subsection (e)(2) by striking
``Notwithstanding section 209(f)(1) of the
Highway Revenue Act of 1956, the Highway Trust
Fund shall be available for making expenditures
to meet obligations resulting from projects
authorized by subsection (a)(2) of this section
and such projects'' and inserting ``Projects
authorized by subsection (a)(2)''; and
(E) in subsection (f) by striking ``exits''
and inserting ``exists''.
(10) Section 145.--Section 145(b) of title 23,
United States Code, is amended by striking ``section
117 of this title,''.
(11) Section 218.--Section 218 of title 23, United
States Code, is amended--
(A) in subsection (a)--
(i) by striking the first two
sentences;
(ii) in the third sentence--
(I) by striking ``, in
addition to such funds,''; and
(II) by striking ``such
highway or'';
(iii) by striking the fourth
sentence and fifth sentences;
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as
subsection (b).
(12) Section 610.--Section 610(d)(1)(B) of title
23, United States Code, is amended by striking ``under
section 105''.
SEC. 1520. DENALI COMMISSION.
The Denali Commission Act of 1998 (42 U.S.C. 3121 note) is
amended--
(1) in section 305, by striking subsection (c) and
inserting the following:
``(c) Gifts.--
``(1) In general.--Except as provided in paragraph
(2), the Commission, on behalf of the United States,
may accept use, and dispose of gifts or donations of
services, property, or money for purposes of carrying
out this Act.
``(2) Conditional.--With respect to conditional
gifts--
``(A)(i) the Commission, on behalf of the
United States, may accept conditional gifts for
purposes of carrying out this Act, if approved
by the Federal Cochairperson; and
``(ii) the principal of and income from any
such conditional gift shall be held, invested,
reinvested, and used in accordance with the
condition applicable to the gift; but
``(B) no gift shall be accepted that is
conditioned on any expenditure not to be funded
from the gift or from the income generated by
the gift unless the expenditure has been
approved by Act of Congress.''; and
(2) by adding at the end the following:
``SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES.
``(a) In General.--Subject to subsection (c), for purposes
of this Act, the Commission may accept transfers of funds from
other Federal agencies.
``(b) Transfers.--Any Federal agency authorized to carry
out an activity that is within the authority of the Commission
may transfer to the Commission any appropriated funds for the
activity.
``(c) Treatment.--Any funds transferred to the Commission
under this subsection--
``(1) shall remain available until expended; and
``(2) may, to the extent necessary to carry out
this Act, be transferred to, and merged with, the
amounts made available by appropriations Acts for the
Commission by the Federal Cochairperson.''.
SEC. 1521. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION
POLICIES ACT OF 1970 AMENDMENTS.
(a) Moving and Related Expenses.--Section 202 of the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4622) is amended--
(1) in subsection (a)(4) by striking ``$10,000''
and inserting ``$25,000, as adjusted by regulation, in
accordance with section 213(d)''; and
(2) in the second sentence of subsection (c) by
striking ``$20,000'' and inserting ``$40,000, as
adjusted by regulation, in accordance with section
213(d)''.
(b) Replacement Housing for Homeowners.--The first sentence
of section 203(a)(1) of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4623(a)(1)) is amended--
(1) by striking ``$22,500'' and inserting
``$31,000, as adjusted by regulation, in accordance
with 213(d),''; and
(2) by striking ``one hundred and eighty days prior
to'' and inserting ``90 days before''.
(c) Replacement Housing for Tenants and Certain Others.--
Section 204 of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4624) is
amended--
(1) in the second sentence of subsection (a) by
striking ``$5,250'' and inserting ``$7,200, as adjusted
by regulation, in accordance with section 213(d)''; and
(2) in the second sentence of subsection (b) by
striking ``, except'' and all that follows through the
end of the subsection and inserting a period.
(d) Duties of Lead Agency.--Section 213 of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4633) 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) that each Federal agency that has programs or
projects requiring the acquisition of real property or
causing a displacement from real property subject to
the provisions of this Act shall provide to the lead
agency an annual summary report the describes the
activities conducted by the Federal agency.''; and
(2) by adding at the end the following:
``(d) Adjustment of Payments.--The head of the lead agency
may adjust, by regulation, the amounts of relocation payments
provided under sections 202(a)(4), 202(c), 203(a), and 204(a)
if the head of the lead agency determines that cost of living,
inflation, or other factors indicate that the payments should
be adjusted to meet the policy objectives of this Act.''.
(e) Agency Coordination.--Title II of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 is amended by inserting after section 213 (42
U.S.C. 4633) the following:
``SEC. 214. AGENCY COORDINATION.
``(a) Agency Capacity.--Each Federal agency responsible for
funding or carrying out relocation and acquisition activities
shall have adequately trained personnel and such other
resources as are necessary to manage and oversee the relocation
and acquisition program of the Federal agency in accordance
with this Act.
``(b) Interagency Agreements.--Not later than 1 year after
the date of enactment of this section, each Federal agency
responsible for funding relocation and acquisition activities
(other than the agency serving as the lead agency) shall enter
into a memorandum of understanding with the lead agency that--
``(1) provides for periodic training of the
personnel of the Federal agency, which in the case of a
Federal agency that provides Federal financial
assistance, may include personnel of any displacing
agency that receives Federal financial assistance;
``(2) addresses ways in which the lead agency may
provide assistance and coordination to the Federal
agency relating to compliance with the Act on a program
or project basis; and
``(3) addresses the funding of the training,
assistance, and coordination activities provided by the
lead agency, in accordance with subsection (c).
``(c) Interagency Payments.--
``(1) In general.--For the fiscal year that begins
1 year after the date of enactment of this section, and
each fiscal year thereafter, each Federal agency
responsible for funding relocation and acquisition
activities (other than the agency serving as the lead
agency) shall transfer to the lead agency for the
fiscal year, such funds as are necessary, but not less
than $35,000, to support the training, assistance, and
coordination activities of the lead agency described in
subsection (b).
``(2) Included costs.--The cost to a Federal agency
of providing the funds described in paragraph (1) shall
be included as part of the cost of 1 or more programs
or projects undertaken by the Federal agency or with
Federal financial assistance that result in the
displacement of persons or the acquisition of real
property.''.
(f) Cooperation With Federal Agencies.--Section 308 of
title 23, United States Code, is amended by striking subsection
(a) and inserting the following:
``(a) Authorized Activities.--
``(1) In general.--The Secretary may perform, by
contract or otherwise, authorized engineering or other
services in connection with the survey, construction,
maintenance, or improvement of highways for other
Federal agencies, cooperating foreign countries, and
State cooperating agencies.
``(2) Inclusions.--Services authorized under
paragraph (1) may include activities authorized under
section 214 of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970.
``(3) Reimbursement.--Reimbursement for services
carried out under this subsection (including
depreciation on engineering and road-building
equipment) shall be credited to the applicable
appropriation.''.
(g) Effective Dates.--
(1) In general.--Except as provided in paragraph
(2), the amendments made by this section shall take
effect on the date of enactment of this Act.
(2) Exception.--The amendments made by subsections
(a) through (c) shall take effect 2 years after the
date of enactment of this Act.
SEC. 1522. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM AXLE
WEIGHT RESTRICTIONS.
Section 1023(h) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102-240)
is amended--
(1) in the heading of paragraph (1) by striking
``temporary exemption'' and inserting ``exemption'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph
(A) by striking ``, for the period beginning on
October 6, 1992, and ending on October 1,
2009,'';
(B) in subparagraph (A) by striking ``or''
at the end;
(C) in subparagraph (B) by striking the
period at the end and inserting ``; or''; and
(D) by adding at the end the following:
``(C) any motor home (as defined in section
571.3 of title 49, Code of Federal Regulations
(or successor regulation)).''; and
(3) in paragraph (2)(A) by striking ``For the
period beginning on the date of enactment of this
subparagraph and ending on September 30, 2009, a'' and
inserting ``A''.
SEC. 1523. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES.
Section 1805(a) of the SAFETEA-LU (23 U.S.C. 144 note; 119
Stat. 1459) is amended by striking ``highway bridge replacement
and rehabilitation program under section 144'' and inserting
``national highway performance program under section 119''.
SEC. 1524. USE OF YOUTH SERVICE AND CONSERVATION CORPS.
(a) In General.--The Secretary shall encourage the States
and regional transportation planning agencies to enter into
contracts and cooperative agreements with qualified youth
service or conservation corps, as defined in sections 122(a)(2)
of Public Law 101-610 (42 U.S.C. 12572(a)(2)) and 106(c)(3) of
Public Law 103-82 (42 U.S.C. 12656(c)(3)) to perform
appropriate projects eligible under sections 162, 206, 213, and
217 of title 23, United States Code, and under section 1404 of
the SAFETEA-LU (119 Stat. 1228).
(b) Requirements.--Under any contract or cooperative
agreement entered into with a qualified youth service or
conservation corps under this section, the Secretary shall--
(1) set the amount of a living allowance or rate of
pay for each participant in such corps at--
(A) such amount or rate as required under
State law in a State with such requirements; or
(B) for corps in States not described in
subparagraph (A), at such amount or rate as
determined by the Secretary, not to exceed the
maximum living allowance authorized by section
140 of Public Law 101-610 (42 U.S.C. 12594);
and
(2) not subject such corps to the requirements of
section 112 of title 23, United States Code.
SEC. 1525. STATE AUTONOMY FOR CULVERT PIPE SELECTION.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall modify section 635.411 of title 23,
Code of Federal Regulations (as in effect on the date of
enactment of this Act), to ensure that States shall have the
autonomy to determine culvert and storm sewer material types to
be included in the construction of a project on a Federal-aid
highway.
SEC. 1526. EVACUATION ROUTES.
Each State shall give adequate consideration to the needs
of evacuation routes in the State, including such routes
serving or adjacent to facilities operated by the Armed Forces,
when allocating funds apportioned to the State under title 23,
United States Code, for the construction of Federal-aid
highways.
SEC. 1527. CONSOLIDATION OF GRANTS.
(a) Definitions.--In this section, the term ``recipient''
means--
(1) a State, local, or tribal government,
including--
(A) a territory of the United States;
(B) a transit agency;
(C) a port authority;
(D) a metropolitan planning organization;
or
(E) any other political subdivision of a
State or local government;
(2) a multistate or multijurisdictional group, if
each member of the group is an entity described in
paragraph (1); and
(3) a public-private partnership, if both parties
are engaged in building the project.
(b) Consolidation.--
(1) In general.--A recipient that receives multiple
grant awards from the Department to support 1
multimodal project may request that the Secretary
designate 1 modal administration in the Department to
be the lead administering authority for the overall
project.
(2) New starts.--Any project that includes funds
awarded under section 5309 of title 49, United States
Code, shall be exempt from consolidation under this
section unless the grant recipient requests the Federal
Transit Administration to be the lead administering
authority.
(3) Review.--
(A) In general.--Not later than 30 days
after the date on which a request under
paragraph (1) is made, the Secretary shall
review the request and approve or deny the
designation of a single modal administration as
the lead administering authority and point of
contact for the Department.
(B) Notification.--
(i) In general.--The Secretary
shall notify the requestor of the
decision of the Secretary under
subparagraph (A) in such form and at
such time as the Secretary and the
requestor agree.
(ii) Denial.--If a request is
denied, the Secretary shall provide the
requestor with a detailed explanation
of the reasoning of the Secretary with
the notification under clause (i).
(c) Duties.--
(1) In general.--A modal administration designated
as a lead administering authority under this section
shall--
(A) be responsible for leading and
coordinating the integrated project management
team, which shall consist of all of the other
modal administrations in the Department
relating to the multimodal project; and
(B) to the extent feasible during the first
30 days of carrying out the multimodal project,
identify overlapping or duplicative regulatory
requirements that exist for the project and
propose a single, streamlined approach to
meeting all of the applicable regulatory
requirements through the activities described
in subsection (d).
(2) Administration.--
(A) In general.--The Secretary shall
transfer all amounts that have been awarded for
the multimodal project to the modal
administration designated as the lead
administering authority.
(B) Option.--
(i) In general.--Participation
under this section shall be optional
for recipients, and no recipient shall
be required to participate.
(ii) Secretarial duties.--The
Secretary is not required to identify
every recipient that may be eligible to
participate under this section.
(d) Cooperation.--
(1) In general.--The Secretary and modal
administrations with relevant jurisdiction over a
multimodal project should cooperate on project review
and delivery activities at the earliest practicable
time.
(2) Purposes.--The purposes of the cooperation
under paragraph (1) are--
(A) to avoid delays and duplication of
effort later in the process;
(B) to prevent potential conflicts; and
(C) to ensure that planning and project
development decisions are made in a streamlined
manner and consistent with applicable law.
(e) Applicability.--Nothing in this section shall--
(1) supersede, amend, or modify the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) or any other Federal environmental law; or
(2) affect the responsibility of any Federal
officer to comply with or enforce any law described in
paragraph (1).
SEC. 1528. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Sense of the Senate.--It is the Sense of the Senate
that the timely completion of the Appalachian development
highway system is a transportation priority in the national
interest.
(b) Modified Federal Share for Projects on ADHS.--For
fiscal years 2012 through 2021, the Federal share payable for
the cost of constructing highways and access roads on the
Appalachian development highway system under section 14501 of
title 40, United States Code, with funds made available to a
State for fiscal year 2012 or a previous fiscal year for the
Appalachian development highway system program, or with funds
made available for fiscal year 2012 or a previous fiscal year
for a specific project, route, or corridor on that system,
shall be 100 percent.
(c) Federal Share for Other Funds Used on ADHS.--For fiscal
years 2012 through 2021, the Federal share payable for the cost
of constructing highways and access roads on the Appalachian
development highway system under section 14501 of title 40,
United States Code, with Federal funds apportioned to a State
for a program other than the Appalachian development highway
system program shall be 100 percent.
(d) Completion Plan.--
(1) In general.--Subject to paragraph (2), not
later than 1 year after the date of enactment of the
MAP-21, each State represented on the Appalachian
Regional Commission shall establish a plan for the
completion of the designated corridors of the
Appalachian development highway system within the
State, including annual performance targets, with a
target completion date.
(2) Significant uncompleted miles.--If the
percentage of remaining Appalachian development highway
system needs for a State, according to the latest cost
to complete estimate for the Appalachian development
highway system, is greater than 15 percent of the total
cost to complete estimate for the entire Appalachian
development highway system, the State shall not
establish a plan under paragraph (1) that would result
in a reduction of obligated funds for the Appalachian
development highway system within the State for any
subsequent fiscal year.
SEC. 1529. ENGINEERING JUDGMENT.
Not later than 90 days after the date of enactment of this
Act, the Secretary shall issue guidance to State transportation
departments clarifying that the standards, guidance, and
options for design and application of traffic control devices
provided in the Manual on Uniform Traffic Control Devices
should not be considered a substitute for engineering judgment.
SEC. 1530. TRANSPORTATION TRAINING AND EMPLOYMENT PROGRAMS.
To encourage the development of careers in the
transportation field, the Secretary of Education and the
Secretary of Labor are encouraged to use funds for training and
employment education programs--
(1) to develop programs for transportation-related
careers and trades; and
(2) to work with the Secretary to carry out
programs developed under paragraph (1).
SEC. 1531. NOTICE OF CERTAIN GRANT AWARDS.
(a) Definition of Covered Grant Award.--In this section,
the term ``covered grant award'' means a grant award--
(1) made--
(A) by the Department; and
(B) with funds made available under this
Act; and
(2) in an amount equal to or greater than $500,000.
(b) Notice.--Except to the extent otherwise expressly
provided in another provision of law, at least 3 business days
before a covered grant award is announced, the Secretary shall
provide to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate written notice of
the covered grant award.
SEC. 1532. BUDGET JUSTIFICATION.
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 budget justification for each agency of
the Department concurrently with the annual budget submission
of the President to Congress under section 1105(a) of title 31,
United States Code.
SEC. 1533. PROHIBITION ON USE OF FUNDS FOR AUTOMATED TRAFFIC
ENFORCEMENT.
(a) Definition of Automated Traffic Enforcement System.--In
this section, the term ``automated traffic enforcement system''
means any camera that captures an image of a vehicle for the
purposes of traffic law enforcement.
(b) Use of Funds.--Except as provided in subsection (c),
for fiscal years 2013 and 2014, funds apportioned to a State
under section 104(b)(3) of title 23, United States Code, may
not be used for any program to purchase, operate, or maintain
an automated traffic enforcement system.
(c) Exception.--Subsection (b) shall not apply to automated
traffic enforcement systems used to improve safety in school
zones.
SEC. 1534. PUBLIC-PRIVATE PARTNERSHIPS.
(a) Best Practices.--The Secretary shall compile, and make
available to the public on the website of the Department, best
practices on how States, public transportation agencies, and
other public officials can work with the private sector in the
development, financing, construction, and operation of
transportation facilities.
(b) Contents.--The best practices compiled under subsection
(a) shall include polices and techniques to ensure that the
interests of the traveling public and State and local
governments are protected in any agreement entered into with
the private sector for the development, financing,
construction, and operation of transportation facilities.
(c) Technical Assistance.--The Secretary, on request, may
provide technical assistance to States, public transportation
agencies, and other public officials regarding proposed public-
private partnership agreements for the development, financing,
construction, and operation of transportation facilities,
including assistance in analyzing whether the use of a public-
private partnership agreement would provide value compared with
traditional public delivery methods.
(d) Standard Transaction Contracts.--
(1) Development.--Not later than 18 months after
the date of enactment of this Act, the Secretary shall
develop standard public-private partnership transaction
model contracts for the most popular types of public-
private partnerships for the development, financing,
construction, and operation of transportation
facilities.
(2) Use.--The Secretary shall encourage States,
public transportation agencies, and other public
officials to use the model contracts as a base template
when developing their own public-private partnership
agreements for the development, financing,
construction, and operation of transportation
facilities.
SEC. 1535. REPORT ON HIGHWAY TRUST FUND EXPENDITURES.
(a) Initial Report.--Not later than 150 days after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report describing the
activities funded from the Highway Trust Fund during each of
fiscal years 2009 through 2011, including for purposes other
than construction and maintenance of highways and bridges.
(b) Updates.--Not later than 5 years after the date on
which the report is submitted under subsection (a) and every 5
years thereafter, the Comptroller General of the United States
shall submit to Congress a report that updates the information
provided in the report under that subsection for the applicable
5-year period.
(c) Inclusions.--A report submitted under subsection (a) or
(b) shall include information similar to the information
included in the report of the Government Accountability Office
numbered ``GAO-09-729R'' and entitled ``Highway Trust Fund
Expenditures on Purposes Other Than Construction and
Maintenance of Highways and Bridges During Fiscal Years 2004-
2008''.
SEC. 1536. SENSE OF CONGRESS ON HARBOR MAINTENANCE.
(a) Findings.--Congress finds that--
(1) there are 926 coastal, Great Lakes, and inland
harbors maintained by the Corps of Engineers;
(2) according to the Bureau of Transportation
Statistics--
(A) in 2009, the ports and waterways of the
United States handled more than 2,200,000,000
short tons of imports, exports, and domestic
shipments; and
(B) in 2010, United States ports were
responsible for more than $1,400,000,000,000 in
waterborne imports and exports;
(3) according to the Congressional Research
Service, full channel dimensions are, on average,
available approximately \1/3\ of the time at the 59
harbors of the United States with the highest use
rates;
(4) in 1986, Congress created the Harbor
Maintenance Trust Fund to provide funds for the
operation and maintenance of the navigation channels of
the United States;
(5) in fiscal year 2012, the Harbor Maintenance
Trust Fund is expected to grow from $6,280,000,000 to
$7,011,000,000, an increase of approximately 13
percent;
(6) despite growth of the Harbor Maintenance Trust
Fund, expenditures from the Harbor Maintenance Trust
Fund have not been sufficiently spent; and
(7) inadequate investment in dredging needs is
restricting access to the ports of the United States
for domestic shipping, imports, and exports and
therefore threatening the economic competitiveness of
the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Administration should request full use of
the Harbor Maintenance Trust Fund for operating and
maintaining the navigation channels of the United
States;
(2) the amounts in the Harbor Maintenance Trust
Fund should be fully expended to operate and maintain
the navigation channels of the United States; and
(3) Congress should ensure that other programs,
projects, and activities of the Civil Works Program of
the Corps of Engineers, especially those programs,
projects, and activities relating to inland navigation
and flood control, are not adversely impacted.
SEC. 1537. ESTIMATE OF HARBOR MAINTENANCE NEEDS.
For fiscal year 2014 and each fiscal year thereafter, the
President's budget request submitted pursuant to section 1105
of title 31, United States Code, shall include--
(1) an estimate of the nationwide average
availability, expressed as a percentage, of the
authorized depth and authorized width of all navigation
channels authorized to be maintained using
appropriations from the Harbor Maintenance Trust Fund
that would result from harbor maintenance activities to
be funded by the budget request; and
(2) an estimate of the average annual amount of
appropriations from the Harbor Maintenance Trust Fund
that would be required to increase that average
availability to 95 percent over a 3-year period.
SEC. 1538. ASIAN CARP.
(a) Definitions.--In this section:
(1) Hydrological separation.--The term
``hydrological separation'' means a physical separation
on the Chicago Area Waterway System that--
(A) would disconnect the Mississippi River
watershed from the Lake Michigan watershed; and
(B) shall be designed to be adequate in
scope to prevent the transfer of all aquatic
species between each of those bodies of water.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Army, acting through the Chief of
Engineers.
(b) Expedited Study and Report.--
(1) In general.--The Secretary shall--
(A) expedite completion of the report for
the study authorized by section 3061(d) of the
Water Resources Development Act of 2007 (Public
Law 110-114; 121 Stat. 1121); and
(B) if the Secretary determines a project
is justified in the completed report, proceed
directly to project preconstruction engineering
and design.
(2) Focus.--In expediting the completion of the
study and report under paragraph (1), the Secretary
shall focus on--
(A) the prevention of the spread of aquatic
nuisance species between the Great Lakes and
Mississippi River Basins, such as through the
permanent hydrological separation of the Great
Lakes and Mississippi River Basins; and
(B) the watersheds of the following rivers
and tributaries associated with the Chicago
Area Waterway System:
(i) The Illinois River, at and in
the vicinity of Chicago, Illinois.
(ii) The Chicago River, Calumet
River, North Shore Channel, Chicago
Sanitary and Ship Canal, and Cal-Sag
Channel in the State of Illinois.
(iii) The Grand Calumet River and
Little Calumet River in the States of
Illinois and Indiana.
(3) Efficient use of funds.--The Secretary shall
ensure the efficient use of funds to maximize the
timely completion of the study and report under
paragraph (1).
(4) Deadline.--The Secretary shall complete the
report under paragraph (1) by not later than 18 months
after the date of enactment of this Act.
(5) Interim report.--Not later than 90 days after
the date of enactment of this Act, the Secretary shall
submit to the Committees on Appropriations of the House
of Representatives and Senate, the Committee on
Environment and Public Works of the Senate, and the
Committee on Transportation and Infrastructure of the
House of Representatives a report describing--
(A) interim milestones that will be met
prior to final completion of the study and
report under paragraph (1); and
(B) funding necessary for completion of the
study and report under paragraph (1), including
funding necessary for completion of each
interim milestone identified under subparagraph
(A).
SEC. 1539. REST AREAS.
(a) Agreements Relating to Use of and Access to Rights-of-
way--Interstate System.--Section 111 of title 23, United States
Code, is amended--
(1) in subsection (a) in the second sentence by
striking the period and inserting ``and will not change
the boundary of any right-of-way on the Interstate
System to accommodate construction of, or afford access
to, an automotive service station or other commercial
establishment.'';
(2) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(3) by inserting after subsection (a) the
following:
``(b) Rest Areas.--
``(1) In general.--Notwithstanding subsection (a),
the Secretary shall permit a State to acquire,
construct, operate, and maintain a rest area along a
highway on the Interstate System in such State.
``(2) Limited activities.--The Secretary shall
permit limited commercial activities within a rest area
under paragraph (1), if the activities are available
only to customers using the rest area and are limited
to--
``(A) commercial advertising and media
displays if such advertising and displays are--
``(i) exhibited solely within any
facility constructed in the rest area;
and
``(ii) not legible from the main
traveled way;
``(B) items designed to promote tourism in
the State, limited to books, DVDs, and other
media;
``(C) tickets for events or attractions in
the State of a historical or tourism-related
nature;
``(D) travel-related information, including
maps, travel booklets, and hotel coupon
booklets; and
``(E) lottery machines, provided that the
priority afforded to blind vendors under
subsection (c) applies to this subparagraph.
``(3) Private operators.--A State may permit a
private party to operate such commercial activities.
``(4) Limitation on use of revenues.--A State shall
use any revenues received from the commercial
activities in a rest area under this section to cover
the costs of acquiring, constructing, operating, and
maintaining rest areas in the State.''.
(b) Control of Outdoor Advertising.--Section 131(i) of
title 23, United States Code, is amended by adding at the end
the following:
``A State may permit the installation of signs that acknowledge
the sponsorship of rest areas within such rest areas or along
the main traveled way of the system, provided that such signs
shall not affect the safe and efficient utilization of the
Interstate System and the primary system. The Secretary shall
establish criteria for the installation of such signs on the
main traveled way, including criteria pertaining to the
placement of rest area sponsorship acknowledgment signs in
relation to the placement of advance guide signs for rest
areas.''.
Subtitle F--Gulf Coast Restoration
SEC. 1601. SHORT TITLE.
This subtitle may be cited as the ``Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012''.
SEC. 1602. GULF COAST RESTORATION TRUST FUND.
(a) Establishment.--There is established in the Treasury of
the United States a trust fund to be known as the ``Gulf Coast
Restoration Trust Fund'' (referred to in this section as the
``Trust Fund''), consisting of such amounts as are deposited in
the Trust Fund under this Act or any other provision of law.
(b) Transfers.--The Secretary of the Treasury shall deposit
in the Trust Fund an amount equal to 80 percent of all
administrative and civil penalties paid by responsible parties
after the date of enactment of this Act in connection with the
explosion on, and sinking of, the mobile offshore drilling unit
Deepwater Horizon pursuant to a court order, negotiated
settlement, or other instrument in accordance with section 311
of the Federal Water Pollution Control Act (33 U.S.C. 1321).
(c) Expenditures.--Amounts in the Trust Fund, including
interest earned on advances to the Trust Fund and proceeds from
investment under subsection (d), shall--
(1) be available for expenditure, without further
appropriation, solely for the purpose and eligible
activities of this subtitle and the amendments made by
this subtitle; and
(2) remain available until expended, without fiscal
year limitation.
(d) Investment.--Amounts in the Trust Fund shall be
invested in accordance with section 9702 of title 31, United
States Code, and any interest on, and proceeds from, any such
investment shall be available for expenditure in accordance
with this subtitle and the amendments made by this subtitle.
(e) Administration.--Not later than 180 days after the date
of enactment of this Act, after providing notice and an
opportunity for public comment, the Secretary of the Treasury,
in consultation with the Secretary of the Interior and the
Secretary of Commerce, shall establish such procedures as the
Secretary determines to be necessary to deposit amounts in, and
expend amounts from, the Trust Fund pursuant to this subtitle,
including--
(1) procedures to assess whether the programs and
activities carried out under this subtitle and the
amendments made by this subtitle achieve compliance
with applicable requirements, including procedures by
which the Secretary of the Treasury may determine
whether an expenditure by a Gulf Coast State or coastal
political subdivision (as those terms are defined in
section 311 of the Federal Water Pollution Control Act
(33 U.S.C. 1321)) pursuant to such a program or
activity achieves compliance;
(2) auditing requirements to ensure that amounts in
the Trust Fund are expended as intended; and
(3) procedures for identification and allocation of
funds available to the Secretary under other provisions
of law that may be necessary to pay the administrative
expenses directly attributable to the management of the
Trust Fund.
(f) Sunset.--The authority for the Trust Fund shall
terminate on the date all funds in the Trust Fund have been
expended.
SEC. 1603. GULF COAST NATURAL RESOURCES RESTORATION AND ECONOMIC
RECOVERY.
Section 311 of the Federal Water Pollution Control Act (33
U.S.C. 1321) is amended--
(1) in subsection (a)--
(A) in paragraph (25)(B), by striking
``and'' at the end;
(B) in paragraph (26)(D), by striking the
period at the end and inserting a semicolon;
and
(C) by adding at the end the following:
``(27) the term `best available science' means
science that--
``(A) maximizes the quality, objectivity,
and integrity of information, including
statistical information;
``(B) uses peer-reviewed and publicly
available data; and
``(C) clearly documents and communicates
risks and uncertainties in the scientific basis
for such projects;
``(28) the term `Chairperson' means the Chairperson
of the Council;
``(29) the term `coastal political subdivision'
means any local political jurisdiction that is
immediately below the State level of government,
including a county, parish, or borough, with a
coastline that is contiguous with any portion of the
United States Gulf of Mexico;
``(30) the term `Comprehensive Plan' means the
comprehensive plan developed by the Council pursuant to
subsection (t);
``(31) the term `Council' means the Gulf Coast
Ecosystem Restoration Council established pursuant to
subsection (t);
``(32) the term `Deepwater Horizon oil spill' means
the blowout and explosion of the mobile offshore
drilling unit Deepwater Horizon that occurred on April
20, 2010, and resulting hydrocarbon releases into the
environment;
``(33) the term `Gulf Coast region' means--
``(A) in the Gulf Coast States, the coastal
zones (as that term is defined in section 304
of the Coastal Zone Management Act of 1972 (16
U.S.C. 1453)), except that, in this section,
the term `coastal zones' includes land within
the coastal zones that is held in trust by, or
the use of which is by law subject solely to
the discretion of, the Federal Government or
officers or agents of the Federal Government))
that border the Gulf of Mexico;
``(B) any adjacent land, water, and
watersheds, that are within 25 miles of the
coastal zones described in subparagraph (A) of
the Gulf Coast States; and
``(C) all Federal waters in the Gulf of
Mexico;
``(34) the term `Gulf Coast State' means any of the
States of Alabama, Florida, Louisiana, Mississippi, and
Texas; and
``(35) the term `Trust Fund' means the Gulf Coast
Restoration Trust Fund established pursuant to section
1602 of the Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the
Gulf Coast States Act of 2012.'';
(2) in subsection (s), by inserting ``except as
provided in subsection (t)'' before the period at the
end; and
(3) by adding at the end the following:
``(t) Gulf Coast Restoration and Recovery.--
``(1) State allocation and expenditures.--
``(A) In general.--Of the total amounts
made available in any fiscal year from the
Trust Fund, 35 percent shall be available, in
accordance with the requirements of this
section, to the Gulf Coast States in equal
shares for expenditure for ecological and
economic restoration of the Gulf Coast region
in accordance with this subsection.
``(B) Use of funds.--
``(i) Eligible activities in the
gulf coast region.--Subject to clause
(iii), amounts provided to the Gulf
Coast States under this subsection may
only be used to carry out 1 or more of
the following activities in the Gulf
Coast region:
``(I) Restoration and
protection of the natural
resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, and coastal
wetlands of the Gulf Coast
region.
``(II) Mitigation of damage
to fish, wildlife, and natural
resources.
``(III) Implementation of a
federally approved marine,
coastal, or comprehensive
conservation management plan,
including fisheries monitoring.
``(IV) Workforce
development and job creation.
``(V) Improvements to or on
State parks located in coastal
areas affected by the Deepwater
Horizon oil spill.
``(VI) Infrastructure
projects benefitting the
economy or ecological
resources, including port
infrastructure.
``(VII) Coastal flood
protection and related
infrastructure.
``(VIII) Planning
assistance.
``(IX) Administrative costs
of complying with this
subsection.
``(ii) Activities to promote
tourism and seafood in the gulf coast
region.--Amounts provided to the Gulf
Coast States under this subsection may
be used to carry out 1 or more of the
following activities:
``(I) Promotion of tourism
in the Gulf Coast Region,
including recreational fishing.
``(II) Promotion of the
consumption of seafood
harvested from the Gulf Coast
Region.
``(iii) Limitation.--
``(I) In general.--Of the
amounts received by a Gulf
Coast State under this
subsection, not more than 3
percent may be used for
administrative costs eligible
under clause (i)(IX).
``(II) Claims for
compensation.--Activities
funded under this subsection
may not be included in any
claim for compensation paid out
by the Oil Spill Liability
Trust Fund after the date of
enactment of this subsection.
``(C) Coastal political subdivisions.--
``(i) Distribution.--In the case of
a State where the coastal zone includes
the entire State--
``(I) 75 percent of funding
shall be provided directly to
the 8 disproportionately
affected counties impacted by
the Deepwater Horizon oil
spill; and
``(II) 25 percent shall be
provided directly to
nondisproportionately impacted
counties within the State.
``(ii) Nondisproportionately
impacted counties.--The total amounts
made available to coastal political
subdivisions in the State of Florida
under clause (i)(II) shall be
distributed according to the following
weighted formula:
``(I) 34 percent based on
the weighted average of the
population of the county.
``(II) 33 percent based on
the weighted average of the
county per capita sales tax
collections estimated for
fiscal year 2012.
``(III) 33 percent based on
the inverse proportion of the
weighted average distance from
the Deepwater Horizon oil rig
to each of the nearest and
farthest points of the
shoreline.
``(D) Louisiana.--
``(i) In general.--Of the total
amounts made available to the State of
Louisiana under this paragraph:
``(I) 70 percent shall be
provided directly to the State
in accordance with this
subsection.
``(II) 30 percent shall be
provided directly to parishes
in the coastal zone (as defined
in section 304 of the Coastal
Zone Management Act of 1972 (16
U.S.C. 1453)) of the State of
Louisiana according to the
following weighted formula:
``(aa) 40 percent
based on the weighted
average of miles of the
parish shoreline oiled.
``(bb) 40 percent
based on the weighted
average of the
population of the
parish.
``(cc) 20 percent
based on the weighted
average of the land
mass of the parish.
``(ii) Conditions.--
``(I) Land use plan.--As a
condition of receiving amounts
allocated under this paragraph,
the chief executive of the
eligible parish shall certify
to the Governor of the State
that the parish has completed a
comprehensive land use plan.
``(II) Other conditions.--A
coastal political subdivision
receiving funding under this
paragraph shall meet all of the
conditions in subparagraph (E).
``(E) Conditions.--As a condition of
receiving amounts from the Trust Fund, a Gulf
Coast State, including the entities described
in subparagraph (F), or a coastal political
subdivision shall--
``(i) agree to meet such
conditions, including audit
requirements, as the Secretary of the
Treasury determines necessary to ensure
that amounts disbursed from the Trust
Fund will be used in accordance with
this subsection;
``(ii) certify in such form and in
such manner as the Secretary of the
Treasury determines necessary that the
project or program for which the Gulf
Coast State or coastal political
subdivision is requesting amounts--
``(I) is designed to
restore and protect the natural
resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, coastal
wetlands, or economy of the
Gulf Coast;
``(II) carries out 1 or
more of the activities
described in clauses (i) and
(ii) of subparagraph (B);
``(III) was selected based
on meaningful input from the
public, including broad-based
participation from individuals,
businesses, and nonprofit
organizations; and
``(IV) in the case of a
natural resource protection or
restoration project, is based
on the best available science;
``(iii) certify that the project or
program and the awarding of a contract
for the expenditure of amounts received
under this paragraph are consistent
with the standard procurement rules and
regulations governing a comparable
project or program in that State,
including all applicable competitive
bidding and audit requirements; and
``(iv) develop and submit a
multiyear implementation plan for the
use of such amounts, which may include
milestones, projected completion of
each activity, and a mechanism to
evaluate the success of each activity
in helping to restore and protect the
Gulf Coast region impacted by the
Deepwater Horizon oil spill.
``(F) Approval by state entity, task force,
or agency.--The following Gulf Coast State
entities, task forces, or agencies shall carry
out the duties of a Gulf Coast State pursuant
to this paragraph:
``(i) Alabama.--
``(I) In general.--In the
State of Alabama, the Alabama
Gulf Coast Recovery Council,
which shall be comprised of
only the following:
``(aa) The Governor
of Alabama, who shall
also serve as
Chairperson and preside
over the meetings of
the Alabama Gulf Coast
Recovery Council.
``(bb) The Director
of the Alabama State
Port Authority, who
shall also serve as
Vice Chairperson and
preside over the
meetings of the Alabama
Gulf Coast Recovery
Council in the absence
of the Chairperson.
``(cc) The Chairman
of the Baldwin County
Commission.
``(dd) The
President of the Mobile
County Commission.
``(ee) The Mayor of
the city of Bayou La
Batre.
``(ff) The Mayor of
the town of Dauphin
Island.
``(gg) The Mayor of
the city of Fairhope.
``(hh) The Mayor of
the city of Gulf
Shores.
``(ii) The Mayor of
the city of Mobile.
``(jj) The Mayor of
the city of Orange
Beach.
``(II) Vote.--Each member
of the Alabama Gulf Coast
Recovery Council shall be
entitled to 1 vote.
``(III) Majority vote.--All
decisions of the Alabama Gulf
Coast Recovery Council shall be
made by majority vote.
``(IV) Limitation on
administrative expenses.--
Administrative duties for the
Alabama Gulf Coast Recovery
Council may only be performed
by public officials and
employees that are subject to
the ethics laws of the State of
Alabama.
``(ii) Louisiana.--In the State of
Louisiana, the Coastal Protection and
Restoration Authority of Louisiana.
``(iii) Mississippi.--In the State
of Mississippi, the Mississippi
Department of Environmental Quality.
``(iv) Texas.--In the State of
Texas, the Office of the Governor or an
appointee of the Office of the
Governor.
``(G) Compliance with eligible
activities.--If the Secretary of the Treasury
determines that an expenditure by a Gulf Coast
State or coastal political subdivision of
amounts made available under this subsection
does not meet one of the activities described
in clauses (i) and (ii) of subparagraph (B),
the Secretary shall make no additional amounts
from the Trust Fund available to that Gulf
Coast State or coastal political subdivision
until such time as an amount equal to the
amount expended for the unauthorized use--
``(i) has been deposited by the
Gulf Coast State or coastal political
subdivision in the Trust Fund; or
``(ii) has been authorized by the
Secretary of the Treasury for
expenditure by the Gulf Coast State or
coastal political subdivision for a
project or program that meets the
requirements of this subsection.
``(H) Compliance with conditions.--If the
Secretary of the Treasury determines that a
Gulf Coast State or coastal political
subdivision does not meet the requirements of
this paragraph, including the conditions of
subparagraph (E), where applicable, the
Secretary of the Treasury shall make no amounts
from the Trust Fund available to that Gulf
Coast State or coastal political subdivision
until all conditions of this paragraph are met.
``(I) Public input.--In meeting any
condition of this paragraph, a Gulf Coast State
may use an appropriate procedure for public
consultation in that Gulf Coast State,
including consulting with one or more
established task forces or other entities, to
develop recommendations for proposed projects
and programs that would restore and protect the
natural resources, ecosystems, fisheries,
marine and wildlife habitats, beaches, coastal
wetlands, and economy of the Gulf Coast.
``(J) Previously approved projects and
programs.--A Gulf Coast State or coastal
political subdivision shall be considered to
have met the conditions of subparagraph (E) for
a specific project or program if, before the
date of enactment of the Resources and
Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the
Gulf Coast States Act of 2012--
``(i) the Gulf Coast State or
coastal political subdivision has
established conditions for carrying out
projects and programs that are
substantively the same as the
conditions described in subparagraph
(E); and
``(ii) the applicable project or
program carries out 1 or more of the
activities described in clauses (i) and
(ii) of subparagraph (B).
``(K) Local preference.--In awarding
contracts to carry out a project or program
under this paragraph, a Gulf Coast State or
coastal political subdivision may give a
preference to individuals and companies that
reside in, are headquartered in, or are
principally engaged in business in the State of
project execution.
``(L) Unused funds.--Funds allocated to a
State or coastal political subdivision under
this paragraph shall remain in the Trust Fund
until such time as the State or coastal
political subdivision develops and submits a
plan identifying uses for those funds in
accordance with subparagraph (E)(iv).
``(M) Judicial review.--If the Secretary of
the Treasury determines that a Gulf Coast State
or coastal political subdivision does not meet
the requirements of this paragraph, including
the conditions of subparagraph (E), the Gulf
Coast State or coastal political subdivision
may obtain expedited judicial review within 90
days after that decision in a district court of
the United States, of appropriate jurisdiction
and venue, that is located within the State
seeking the review.
``(N) Cost-sharing.--
``(i) In general.--A Gulf Coast
State or coastal political subdivision
may use, in whole or in part, amounts
made available under this paragraph to
that Gulf Coast State or coastal
political subdivision to satisfy the
non-Federal share of the cost of any
project or program authorized by
Federal law that is an eligible
activity described in clauses (i) and
(ii) of subparagraph (B).
``(ii) Effect on other funds.--The
use of funds made available from the
Trust Fund to satisfy the non-Federal
share of the cost of a project or
program that meets the requirements of
clause (i) shall not affect the
priority in which other Federal funds
are allocated or awarded.
``(2) Council establishment and allocation.--
``(A) In general.--Of the total amount made
available in any fiscal year from the Trust
Fund, 30 percent shall be disbursed to the
Council to carry out the Comprehensive Plan.
``(B) Council expenditures.--
``(i) In general.--In accordance
with this paragraph, the Council shall
expend funds made available from the
Trust Fund to undertake projects and
programs, using the best available
science, that would restore and protect
the natural resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, coastal wetlands,
and economy of the Gulf Coast.
``(ii) Allocation and expenditure
procedures.--The Secretary of the
Treasury shall develop such conditions,
including audit requirements, as the
Secretary of the Treasury determines
necessary to ensure that amounts
disbursed from the Trust Fund to the
Council to implement the Comprehensive
Plan will be used in accordance with
this paragraph.
``(iii) Administrative expenses.--
Of the amounts received by the Council
under this paragraph, not more than 3
percent may be used for administrative
expenses, including staff.
``(C) Gulf coast ecosystem restoration
council.--
``(i) Establishment.--There is
established as an independent entity in
the Federal Government a council to be
known as the `Gulf Coast Ecosystem
Restoration Council'.
``(ii) Membership.--The Council
shall consist of the following members,
or in the case of a Federal agency, a
designee at the level of the Assistant
Secretary or the equivalent:
``(I) The Secretary of the
Interior.
``(II) The Secretary of the
Army.
``(III) The Secretary of
Commerce.
``(IV) The Administrator of
the Environmental Protection
Agency.
``(V) The Secretary of
Agriculture.
``(VI) The head of the
department in which the Coast
Guard is operating.
``(VII) The Governor of the
State of Alabama.
``(VIII) The Governor of
the State of Florida.
``(IX) The Governor of the
State of Louisiana.
``(X) The Governor of the
State of Mississippi.
``(XI) The Governor of the
State of Texas.
``(iii) Alternate.--A Governor
appointed to the Council by the
President may designate an alternate to
represent the Governor on the Council
and vote on behalf of the Governor.
``(iv) Chairperson.--From among the
Federal agency members of the Council,
the representatives of States on the
Council shall select, and the President
shall appoint, 1 Federal member to
serve as Chairperson of the Council.
``(v) Presidential appointment.--
All Council members shall be appointed
by the President.
``(vi) Council actions.--
``(I) In general.--The
following actions by the
Council shall require the
affirmative vote of the
Chairperson and a majority of
the State members to be
effective:
``(aa) Approval of
a Comprehensive Plan
and future revisions to
a Comprehensive Plan.
``(bb) Approval of
State plans pursuant to
paragraph (3)(B)(iv).
``(cc) Approval of
reports to Congress
pursuant to clause
(vii)(VII).
``(dd) Approval of
transfers pursuant to
subparagraph
(E)(ii)(I).
``(ee) Other
significant actions
determined by the
Council.
``(II) Quorum.--A majority
of State members shall be
required to be present for the
Council to take any significant
action.
``(III) Affirmative vote
requirement considered met.--
For approval of State plans
pursuant to paragraph
(3)(B)(iv), the certification
by a State member of the
Council that the plan satisfies
all requirements of clauses (i)
and (ii) of paragraph (3)(B),
when joined by an affirmative
vote of the Federal Chairperson
of the Council, shall be
considered to satisfy the
requirements for affirmative
votes under subclause (I).
``(IV) Public
transparency.--Appropriate
actions of the Council,
including significant actions
and associated deliberations,
shall be made available to the
public via electronic means
prior to any vote.
``(vii) Duties of council.--The
Council shall--
``(I) develop the
Comprehensive Plan and future
revisions to the Comprehensive
Plan;
``(II) identify as soon as
practicable the projects that--
``(aa) have been
authorized prior to the
date of enactment of
this subsection but not
yet commenced; and
``(bb) if
implemented quickly,
would restore and
protect the natural
resources, ecosystems,
fisheries, marine and
wildlife habitats,
beaches, barrier
islands, dunes, and
coastal wetlands of the
Gulf Coast region;
``(III) establish such
other 1 or more advisory
committees as may be necessary
to assist the Council,
including a scientific advisory
committee and a committee to
advise the Council on public
policy issues;
``(IV) collect and consider
scientific and other research
associated with restoration of
the Gulf Coast ecosystem,
including research,
observation, and monitoring
carried out pursuant to
sections 1604 and 1605 of the
Resources and Ecosystems
Sustainability, Tourist
Opportunities, and Revived
Economies of the Gulf Coast
States Act of 2012;
``(V) develop standard
terms to include in contracts
for projects and programs
awarded pursuant to the
Comprehensive Plan that provide
a preference to individuals and
companies that reside in, are
headquartered in, or are
principally engaged in business
in a Gulf Coast State;
``(VI) prepare an
integrated financial plan and
recommendations for coordinated
budget requests for the amounts
proposed to be expended by the
Federal agencies represented on
the Council for projects and
programs in the Gulf Coast
States; and
``(VII) submit to Congress
an annual report that--
``(aa) summarizes
the policies,
strategies, plans, and
activities for
addressing the
restoration and
protection of the Gulf
Coast region;
``(bb) describes
the projects and
programs being
implemented to restore
and protect the Gulf
Coast region,
including--
``(AA) a
list of each
project and
program;
``(BB) an
identification
of the funding
provided to
projects and
programs
identified in
subitem (AA);
``(CC) an
identification
of each
recipient for
funding
identified in
subitem (BB);
and
``(DD) a
description of
the length of
time and
funding needed
to complete the
objectives of
each project
and program
identified in
subitem (AA);
``(cc) makes such
recommendations to
Congress for
modifications of
existing laws as the
Council determines
necessary to implement
the Comprehensive Plan;
``(dd) reports on
the progress on
implementation of each
project or program--
``(AA)
after 3 years
of ongoing
activity of the
project or
program, if
applicable; and
``(BB) on
completion of
the project or
program;
``(ee) includes the
information required to
be submitted under
section 1605(c)(4) of
the Resources and
Ecosystems
Sustainability, Tourist
Opportunities, and
Revived Economies of
the Gulf Coast States
Act of 2012; and
``(ff) submits the
reports required under
item (dd) to--
``(AA) the
Committee on
Science, Space,
and Technology,
the Committee
on Natural
Resources, the
Committee on
Transportation
and
Infrastructure,
and the
Committee on
Appropriations
of the House of
Representatives;
and
``(BB) the
Committee on
Environment and
Public Works,
the Committee
on Commerce,
Science, and
Transportation,
the Committee
on Energy and
Natural
Resources, and
the Committee
on
Appropriations
of the Senate.
``(viii) Application of federal
advisory committee act.--The Council,
or any other advisory committee
established under this subparagraph,
shall not be considered an advisory
committee under the Federal Advisory
Committee Act (5 U.S.C. App.).
``(ix) Sunset.--The authority for
the Council, and any other advisory
committee established under this
subparagraph, shall terminate on the
date all funds in the Trust Fund have
been expended.
``(D) Comprehensive plan.--
``(i) Proposed plan.--
``(I) In general.--Not
later than 180 days after the
date of enactment of the
Resources and Ecosystems
Sustainability, Tourist
Opportunities, and Revived
Economies of the Gulf Coast
States Act of 2012, the
Chairperson, on behalf of the
Council and after appropriate
public input, review, and
comment, shall publish a
proposed plan to restore and
protect the natural resources,
ecosystems, fisheries, marine
and wildlife habitats, beaches,
and coastal wetlands of the
Gulf Coast region.
``(II) Inclusions.--The
proposed plan described in
subclause (I) shall include and
incorporate the findings and
information prepared by the
President's Gulf Coast
Restoration Task Force.
``(ii) Publication.--
``(I) Initial plan.--Not
later than 1 year after the
date of enactment of the
Resources and Ecosystems
Sustainability, Tourist
Opportunities, and Revived
Economies of the Gulf Coast
States Act of 2012 and after
notice and opportunity for
public comment, the
Chairperson, on behalf of the
Council and after approval by
the Council, shall publish in
the Federal Register the
initial Comprehensive Plan to
restore and protect the natural
resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, and coastal
wetlands of the Gulf Coast
region.
``(II) Cooperation with
gulf coast restoration task
force.--The Council shall
develop the initial
Comprehensive Plan in close
coordination with the
President's Gulf Coast
Restoration Task Force.
``(III) Considerations.--In
developing the initial
Comprehensive Plan and
subsequent updates, the Council
shall consider all relevant
findings, reports, or research
prepared or funded under
section 1604 or 1605 of the
Resources and Ecosystems
Sustainability, Tourist
Opportunities, and Revived
Economies of the Gulf Coast
States Act of 2012.
``(IV) Contents.--The
initial Comprehensive Plan
shall include--
``(aa) such
provisions as are
necessary to fully
incorporate in the
Comprehensive Plan the
strategy, projects, and
programs recommended by
the President's Gulf
Coast Restoration Task
Force;
``(bb) a list of
any project or program
authorized prior to the
date of enactment of
this subsection but not
yet commenced, the
completion of which
would further the
purposes and goals of
this subsection and of
the Resources and
Ecosystems
Sustainability, Tourist
Opportunities, and
Revived Economies of
the Gulf Coast States
Act of 2012;
``(cc) a
description of the
manner in which amounts
from the Trust Fund
projected to be made
available to the
Council for the
succeeding 10 years
will be allocated; and
``(dd) subject to
available funding in
accordance with clause
(iii), a prioritized
list of specific
projects and programs
to be funded and
carried out during the
3-year period
immediately following
the date of publication
of the initial
Comprehensive Plan,
including a table that
illustrates the
distribution of
projects and programs
by the Gulf Coast
State.
``(V) Plan updates.--The
Council shall update--
``(aa) the
Comprehensive Plan
every 5 years in a
manner comparable to
the manner established
in this subparagraph
for each 5-year period
for which amounts are
expected to be made
available to the Gulf
Coast States from the
Trust Fund; and
``(bb) the 3-year
list of projects and
programs described in
subclause (IV)(dd)
annually.
``(iii) Restoration priorities.--
Except for projects and programs
described in clause (ii)(IV)(bb), in
selecting projects and programs to
include on the 3-year list described in
clause (ii)(IV)(dd), based on the best
available science, the Council shall
give highest priority to projects that
address 1 or more of the following
criteria:
``(I) Projects that are
projected to make the greatest
contribution to restoring and
protecting the natural
resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, and coastal
wetlands of the Gulf Coast
region, without regard to
geographic location within the
Gulf Coast region.
``(II) Large-scale projects
and programs that are projected
to substantially contribute to
restoring and protecting the
natural resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, and coastal
wetlands of the Gulf Coast
ecosystem.
``(III) Projects contained
in existing Gulf Coast State
comprehensive plans for the
restoration and protection of
natural resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, and coastal
wetlands of the Gulf Coast
region.
``(IV) Projects that
restore long-term resiliency of
the natural resources,
ecosystems, fisheries, marine
and wildlife habitats, beaches,
and coastal wetlands most
impacted by the Deepwater
Horizon oil spill.
``(E) Implementation.--
``(i) In general.--The Council,
acting through the Federal agencies
represented on the Council and Gulf
Coast States, shall expend funds made
available from the Trust Fund to carry
out projects and programs adopted in
the Comprehensive Plan.
``(ii) Administrative
responsibility.--
``(I) In general.--Primary
authority and responsibility
for each project and program
included in the Comprehensive
Plan shall be assigned by the
Council to a Gulf Coast State
represented on the Council or a
Federal agency.
``(II) Transfer of
amounts.--Amounts necessary to
carry out each project or
program included in the
Comprehensive Plan shall be
transferred by the Secretary of
the Treasury from the Trust
Fund to that Federal agency or
Gulf Coast State as the project
or program is implemented,
subject to such conditions as
the Secretary of the Treasury,
in consultation with the
Secretary of the Interior and
the Secretary of Commerce,
established pursuant to section
1602 of the Resources and
Ecosystems Sustainability,
Tourist Opportunities, and
Revived Economies of the Gulf
Coast States Act of 2012.
``(III) Limitation on
transfers.--
``(aa) Grants to
nongovernmental
entities.--In the case
of funds transferred to
a Federal or State
agency under subclause
(II), the agency shall
not make 1 or more
grants or cooperative
agreements to a
nongovernmental entity
if the total amount
provided to the entity
would equal or exceed
10 percent of the total
amount provided to the
agency for that
particular project or
program, unless the 1
or more grants have
been reported in
accordance with item
(bb).
``(bb) Reporting of
grantees.--At least 30
days prior to making a
grant or entering into
a cooperative agreement
described in item (aa),
the name of each
grantee, including the
amount and purpose of
each grant or
cooperative agreement,
shall be published in
the Federal Register
and delivered to the
congressional
committees listed in
subparagraph
(C)(vii)(VII)(ff).
``(cc) Annual
reporting of
grantees.--Annually,
the name of each
grantee, including the
amount and purposes of
each grant or
cooperative agreement,
shall be published in
the Federal Register
and delivered to
Congress as part of the
report submitted
pursuant to
subparagraph
(C)(vii)(VII).
``(IV) Project and program
limitation.--The Council, a
Federal agency, or a State may
not carry out a project or
program funded under this
paragraph outside of the Gulf
Coast region.
``(F) Coordination.--The Council and the
Federal members of the Council may develop
memoranda of understanding establishing
integrated funding and implementation plans
among the member agencies and authorities.
``(3) Oil spill restoration impact allocation.--
``(A) In general.--
``(i) Disbursement.--Of the total
amount made available from the Trust
Fund, 30 percent shall be disbursed
pursuant to the formula in clause (ii)
to the Gulf Coast States on the
approval of the plan described in
subparagraph (B)(i).
``(ii) Formula.--Subject to
subparagraph (B), for each Gulf Coast
State, the amount disbursed under this
paragraph shall be based on a formula
established by the Council by
regulation that is based on a weighted
average of the following criteria:
``(I) 40 percent based on
the proportionate number of
miles of shoreline in each Gulf
Coast State that experienced
oiling on or before April 10,
2011, compared to the total
number of miles of shoreline
that experienced oiling as a
result of the Deepwater Horizon
oil spill.
``(II) 40 percent based on
the inverse proportion of the
average distance from the
mobile offshore drilling unit
Deepwater Horizon at the time
of the explosion to the nearest
and farthest point of the
shoreline that experienced
oiling of each Gulf Coast
State.
``(III) 20 percent based on
the average population in the
2010 decennial census of
coastal counties bordering the
Gulf of Mexico within each Gulf
Coast State.
``(iii) Minimum allocation.--The
amount disbursed to a Gulf Coast State
for each fiscal year under clause (ii)
shall be at least 5 percent of the
total amounts made available under this
paragraph.
``(B) Disbursement of funds.--
``(i) In general.--The Council
shall disburse amounts to the
respective Gulf Coast States in
accordance with the formula developed
under subparagraph (A) for projects,
programs, and activities that will
improve the ecosystems or economy of
the Gulf Coast region, subject to the
condition that each Gulf Coast State
submits a plan for the expenditure of
amounts disbursed under this paragraph
that meets the following criteria:
``(I) All projects,
programs, and activities
included in the plan are
eligible activities pursuant to
clauses (i) and (ii) of
paragraph (1)(B).
``(II) The projects,
programs, and activities
included in the plan contribute
to the overall economic and
ecological recovery of the Gulf
Coast.
``(III) The plan takes into
consideration the Comprehensive
Plan and is consistent with the
goals and objectives of the
Plan, as described in paragraph
(2)(B)(i).
``(ii) Funding.--
``(I) In general.--Except
as provided in subclause (II),
the plan described in clause
(i) may use not more than 25
percent of the funding made
available for infrastructure
projects eligible under
subclauses (VI) and (VII) of
paragraph (1)(B)(i).
``(II) Exception.--The plan
described in clause (i) may
propose to use more than 25
percent of the funding made
available for infrastructure
projects eligible under
subclauses (VI) and (VII) of
paragraph (1)(B)(i) if the plan
certifies that--
``(aa) ecosystem
restoration needs in
the State will be
addressed by the
projects in the
proposed plan; and
``(bb) additional
investment in
infrastructure is
required to mitigate
the impacts of the
Deepwater Horizon Oil
Spill to the ecosystem
or economy.
``(iii) Development.--The plan
described in clause (i) shall be
developed by--
``(I) in the State of
Alabama, the Alabama Gulf Coast
Recovery Council established
under paragraph (1)(F)(i);
``(II) in the State of
Florida, a consortia of local
political subdivisions that
includes at a minimum 1
representative of each affected
county;
``(III) in the State of
Louisiana, the Coastal
Protection and Restoration
Authority of Louisiana;
``(IV) in the State of
Mississippi, the Office of the
Governor or an appointee of the
Office of the Governor; and
``(V) in the State of
Texas, the Office of the
Governor or an appointee of the
Office of the Governor.
``(iv) Approval.--Not later than 60
days after the date on which a plan is
submitted under clause (i), the Council
shall approve or disapprove the plan
based on the conditions of clause (i).
``(C) Disapproval.--If the Council
disapproves a plan pursuant to subparagraph
(B)(iv), the Council shall--
``(i) provide the reasons for
disapproval in writing; and
``(ii) consult with the State to
address any identified deficiencies
with the State plan.
``(D) Failure to submit adequate plan.--If
a State fails to submit an adequate plan under
this paragraph, any funds made available under
this paragraph shall remain in the Trust Fund
until such date as a plan is submitted and
approved pursuant to this paragraph.
``(E) Judicial review.--If the Council
fails to approve or take action within 60 days
on a plan, as described in subparagraph
(B)(iv), the State may obtain expedited
judicial review within 90 days of that decision
in a district court of the United States, of
appropriate jurisdiction and venue, that is
located within the State seeking the review.
``(F) Cost-sharing.--
``(i) In general.--A Gulf Coast
State or coastal political subdivision
may use, in whole or in part, amounts
made available to that Gulf Coast State
or coastal political subdivision under
this paragraph to satisfy the non-
Federal share of any project or program
that--
``(I) is authorized by
other Federal law; and
``(II) is an eligible
activity described in clause
(i) or (ii) of paragraph
(1)(B).
``(ii) Effect on other funds.--The
use of funds made available from the
Trust Fund under this paragraph to
satisfy the non-Federal share of the
cost of a project or program described
in clause (i) shall not affect the
priority in which other Federal funds
are allocated or awarded.
``(4) Authorization of interest transfers.--Of the
total amount made available for any fiscal year from
the Trust Fund that is equal to the interest earned by
the Trust Fund and proceeds from investments made by
the Trust Fund in the preceding fiscal year--
``(A) 50 percent shall be divided equally
between--
``(i) the Gulf Coast Ecosystem
Restoration Science, Observation,
Monitoring, and Technology program
authorized in section 1604 of the
Resources and Ecosystems
Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast
States Act of 2012; and
``(ii) the centers of excellence
research grants authorized in section
1605 of that Act; and
``(B) 50 percent shall be made available to
the Gulf Coast Ecosystem Restoration Council to
carry out the Comprehensive Plan pursuant to
paragraph (2).''.
SEC. 1604. GULF COAST ECOSYSTEM RESTORATION SCIENCE, OBSERVATION,
MONITORING, AND TECHNOLOGY PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator''
means the Administrator of the National Oceanic and
Atmospheric Administration.
(2) Commission.--The term ``Commission'' means the
Gulf States Marine Fisheries Commission.
(3) Director.--The term ``Director'' means the
Director of the United States Fish and Wildlife
Service.
(4) Program.--The term ``program'' means the Gulf
Coast Ecosystem Restoration Science, Observation,
Monitoring, and Technology program established under
this section.
(b) Establishment of Program.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Administrator, in
consultation with the Director, shall establish the
Gulf Coast Ecosystem Restoration Science, Observation,
Monitoring, and Technology program to carry out
research, observation, and monitoring to support, to
the maximum extent practicable, the long-term
sustainability of the ecosystem, fish stocks, fish
habitat, and the recreational, commercial, and charter
fishing industry in the Gulf of Mexico.
(2) Expenditure of funds.--For each fiscal year,
amounts made available to carry out this subsection may
be expended for, with respect to the Gulf of Mexico--
(A) marine and estuarine research;
(B) marine and estuarine ecosystem
monitoring and ocean observation;
(C) data collection and stock assessments;
(D) pilot programs for--
(i) fishery independent data; and
(ii) reduction of exploitation of
spawning aggregations; and
(E) cooperative research.
(3) Cooperation with the commission.--For each
fiscal year, amounts made available to carry out this
subsection may be transferred to the Commission to
establish a fisheries monitoring and research program,
with respect to the Gulf of Mexico.
(4) Consultation.--The Administrator and the
Director shall consult with the Regional Gulf of Mexico
Fishery Management Council and the Commission in
carrying out the program.
(c) Species Included.--The research, monitoring,
assessment, and programs eligible for amounts made available
under the program shall include all marine, estuarine,
aquaculture, and fish species in State and Federal waters of
the Gulf of Mexico.
(d) Research Priorities.--In distributing funding under
this subsection, priority shall be given to integrated, long-
term projects that--
(1) build on, or are coordinated with, related
research activities; and
(2) address current or anticipated marine
ecosystem, fishery, or wildlife management information
needs.
(e) Duplication.--In carrying out this section, the
Administrator, in consultation with the Director, shall seek to
avoid duplication of other research and monitoring activities.
(f) Coordination With Other Programs.--The Administrator,
in consultation with the Director, shall develop a plan for the
coordination of projects and activities between the program and
other existing Federal and State science and technology
programs in the States of Alabama, Florida, Louisiana,
Mississippi, and Texas, as well as between the centers of
excellence.
(g) Limitation on Expenditures.--
(1) In general.--Not more than 3 percent of funds
provided in subsection (h) shall be used for
administrative expenses.
(2) NOAA.--The funds provided in subsection (h) may
not be used--
(A) for any existing or planned research
led by the National Oceanic and Atmospheric
Administration, unless agreed to in writing by
the grant recipient;
(B) to implement existing regulations or
initiate new regulations promulgated or
proposed by the National Oceanic and
Atmospheric Administration; or
(C) to develop or approve a new limited
access privilege program (as that term is used
in section 303A of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1853a)) for any fishery under the jurisdiction
of the South Atlantic, Mid-Atlantic, New
England, or Gulf of Mexico Fishery Management
Councils.
(h) Funding.--Of the total amount made available for each
fiscal year for the Gulf Coast Restoration Trust Fund
established under section 1602, 2.5 percent shall be available
to carry out the program.
(i) Sunset.--The program shall cease operations when all
funds in the Gulf Coast Restoration Trust Fund established
under section 1602 have been expended.
SEC. 1605. CENTERS OF EXCELLENCE RESEARCH GRANTS.
(a) In General.--Of the total amount made available for
each fiscal year from the Gulf Coast Restoration Trust Fund
established under section 1602, 2.5 percent shall be made
available to the Gulf Coast States (as defined in section
311(a) of the Federal Water Pollution Control Act (as added by
section 1603 of the Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf Coast
States Act of 2012)), in equal shares, exclusively for grants
in accordance with subsection (c) to establish centers of
excellence to conduct research only on the Gulf Coast Region
(as defined in section 311 of the Federal Water Pollution
Control Act (33. U.S.C. 1321)).
(b) Approval by State Entity, Task Force, or Agency.--The
duties of a Gulf Coast State under this section shall be
carried out by the applicable Gulf Coast State entities, task
forces, or agencies listed in section 311(t)(1)(F) of the
Federal Water Pollution Control Act (as added by section 1603
of the Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012), and for the State of Florida, a consortium of
public and private research institutions within the State,
which shall include the Florida Department of Environmental
Protection and the Florida Fish and Wildlife Conservation
Commission, for that Gulf Coast State.
(c) Grants.--
(1) In general.--A Gulf Coast State shall use the
amounts made available to carry out this section to
award competitive grants to nongovernmental entities
and consortia in the Gulf Coast region (including
public and private institutions of higher education)
for the establishment of centers of excellence as
described in subsection (d).
(2) Application.--To be eligible to receive a grant
under this subsection, an entity or consortium
described in paragraph (1) shall submit to a Gulf Coast
State an application at such time, in such manner, and
containing such information as the Gulf Coast State
determines to be appropriate.
(3) Priority.--In awarding grants under this
subsection, a Gulf Coast State shall give priority to
entities and consortia that demonstrate the ability to
establish the broadest cross-section of participants
with interest and expertise in any discipline described
in subsection (d) on which the proposal of the center
of excellence will be focused.
(4) Reporting.--
(A) In general.--Each Gulf Coast State
shall provide annually to the Gulf Coast
Ecosystem Restoration Council established under
section 311(t)(2)(C) of the Federal Water
Pollution Control Act (as added by section 1603
of the Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of
the Gulf Coast States Act of 2012) information
regarding all grants, including the amount,
discipline or disciplines, and recipients of
the grants, and in the case of any grant
awarded to a consortium, the membership of the
consortium.
(B) Inclusion.--The Gulf Coast Ecosystem
Restoration Council shall include the
information received under subparagraph (A) in
the annual report to Congress of the Council
required under section 311(t)(2)(C)(vii)(VII)
of the Federal Water Pollution Control Act (as
added by section 1603 of the Resources and
Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the
Gulf Coast States Act of 2012).
(d) Disciplines.--Each center of excellence shall focus on
science, technology, and monitoring in at least 1 of the
following disciplines:
(1) Coastal and deltaic sustainability, restoration
and protection, including solutions and technology that
allow citizens to live in a safe and sustainable manner
in a coastal delta in the Gulf Coast Region.
(2) Coastal fisheries and wildlife ecosystem
research and monitoring in the Gulf Coast Region.
(3) Offshore energy development, including research
and technology to improve the sustainable and safe
development of energy resources in the Gulf of Mexico.
(4) Sustainable and resilient growth, economic and
commercial development in the Gulf Coast Region.
(5) Comprehensive observation, monitoring, and
mapping of the Gulf of Mexico.
SEC. 1606. EFFECT.
(a) Definition of Deepwater Horizon Oil Spill.--In this
section, the term ``Deepwater Horizon oil spill'' has the
meaning given the term in section 311(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(a)).
(b) Effect and Application.--Nothing in this subtitle or
any amendment made by this subtitle--
(1) supersedes or otherwise affects any other
provision of Federal law, including, in particular,
laws providing recovery for injury to natural resources
under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et
seq.) and laws for the protection of public health and
the environment; or
(2) applies to any fine collected under section 311
of the Federal Water Pollution Control Act (33 U.S.C.
1321) for any incident other than the Deepwater Horizon
oil spill.
(c) Use of Funds.--Funds made available under this subtitle
may be used only for eligible activities specifically
authorized by this subtitle and the amendments made by this
subtitle.
SEC. 1607. RESTORATION AND PROTECTION ACTIVITY LIMITATIONS.
(a) Willing Seller.--Funds made available under this
subtitle may only be used to acquire land or interests in land
by purchase, exchange, or donation from a willing seller.
(b) Acquisition of Federal Land.--None of the funds made
available under this subtitle may be used to acquire land in
fee title by the Federal Government unless--
(1) the land is acquired by exchange or donation;
or
(2) the acquisition is necessary for the
restoration and protection of the natural resources,
ecosystems, fisheries, marine and wildlife habitats,
beaches, and coastal wetlands of the Gulf Coast region
and has the concurrence of the Governor of the State in
which the acquisition will take place.
SEC. 1608. INSPECTOR GENERAL.
The Office of the Inspector General of the Department of
the Treasury shall have authority to conduct, supervise, and
coordinate audits and investigations of projects, programs, and
activities funded under this subtitle and the amendments made
by this subtitle.
TITLE II--AMERICA FAST FORWARD FINANCING INNOVATION
SEC. 2001. SHORT TITLE.
This title may be cited as the ``America Fast Forward
Financing Innovation Act of 2012''.
SEC. 2002. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 AMENDMENTS.
Sections 601 through 609 of title 23, United States Code,
are amended to read as follows:
``Sec. 601. Generally applicable provisions
``(a) Definitions.--In this chapter, the following
definitions apply:
``(1) Contingent commitment.--The term `contingent
commitment' means a commitment to obligate an amount
from future available budget authority that is--
``(A) contingent on those funds being made
available in law at a future date; and
``(B) not an obligation of the Federal
Government.
``(2) Eligible project costs.--The term `eligible
project costs' means amounts substantially all of which
are paid by, or for the account of, an obligor in
connection with a project, including the cost of--
``(A) development phase activities,
including planning, feasibility analysis,
revenue forecasting, environmental review,
permitting, preliminary engineering and design
work, and other preconstruction activities;
``(B) construction, reconstruction,
rehabilitation, replacement, and acquisition of
real property (including land relating to the
project and improvements to land),
environmental mitigation, construction
contingencies, and acquisition of equipment;
and
``(C) capitalized interest necessary to
meet market requirements, reasonably required
reserve funds, capital issuance expenses, and
other carrying costs during construction.
``(3) Federal credit instrument.--The term `Federal
credit instrument' means a secured loan, loan
guarantee, or line of credit authorized to be made
available under this chapter with respect to a project.
``(4) Investment-grade rating.--The term
`investment-grade rating' means a rating of BBB minus,
Baa3, bbb minus, BBB (low), or higher assigned by a
rating agency to project obligations.
``(5) Lender.--The term `lender' means any non-
Federal qualified institutional buyer (as defined in
section 230.144A(a) of title 17, Code of Federal
Regulations (or any successor regulation), known as
Rule 144A(a) of the Securities and Exchange Commission
and issued under the Securities Act of 1933 (15 U.S.C.
77a et seq.)), including--
``(A) a qualified retirement plan (as
defined in section 4974(c) of the Internal
Revenue Code of 1986) that is a qualified
institutional buyer; and
``(B) a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of
1986) that is a qualified institutional buyer.
``(6) Letter of interest.--The term `letter of
interest' means a letter submitted by a potential
applicant prior to an application for credit assistance
in a format prescribed by the Secretary on the website
of the TIFIA program that--
``(A) describes the project and the
location, purpose, and cost of the project;
``(B) outlines the proposed financial plan,
including the requested credit assistance and
the proposed obligor;
``(C) provides a status of environmental
review; and
``(D) provides information regarding
satisfaction of other eligibility requirements
of the TIFIA program.
``(7) Line of credit.--The term `line of credit'
means an agreement entered into by the Secretary with
an obligor under section 604 to provide a direct loan
at a future date upon the occurrence of certain events.
``(8) Limited buydown.--The term `limited buydown'
means, subject to the conditions described in section
603(b)(4)(C), a buydown of the interest rate by the
obligor if the interest rate has increased between--
``(A)(i) the date on which a project
application acceptable to the Secretary is
submitted; or
``(ii) the date on which the Secretary
entered into a master credit agreement; and
``(B) the date on which the Secretary
executes the Federal credit instrument.
``(9) Loan guarantee.--The term `loan guarantee'
means any guarantee or other pledge by the Secretary to
pay all or part of the principal of and interest on a
loan or other debt obligation issued by an obligor and
funded by a lender.
``(10) Master credit agreement.--The term `master
credit agreement' means an agreement to extend credit
assistance for a program of projects secured by a
common security pledge (which shall receive an
investment grade rating from a rating agency), or for a
single project covered under section 602(b)(2) that
would--
``(A) make contingent commitments of 1 or
more secured loans or other Federal credit
instruments at future dates, subject to the
availability of future funds being made
available to carry out this chapter;
``(B) establish the maximum amounts and
general terms and conditions of the secured
loans or other Federal credit instruments;
``(C) identify the 1 or more dedicated non-
Federal revenue sources that will secure the
repayment of the secured loans or secured
Federal credit instruments;
``(D) provide for the obligation of funds
for the secured loans or secured Federal credit
instruments after all requirements have been
met for the projects subject to the master
credit agreement, including--
``(i) completion of an
environmental impact statement or
similar analysis required under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
``(ii) compliance with such other
requirements as are specified in
section 602(c); and
``(iii) the availability of funds
to carry out this chapter; and
``(E) require that contingent commitments
result in a financial close and obligation of
credit assistance not later than 3 years after
the date of entry into the master credit
agreement, or release of the commitment, unless
otherwise extended by the Secretary.
``(11) Obligor.--The term `obligor' means a party
that--
``(A) is primarily liable for payment of
the principal of or interest on a Federal
credit instrument; and
``(B) may be a corporation, partnership,
joint venture, trust, or governmental entity,
agency, or instrumentality.
``(12) Project.--The term `project' means--
``(A) any surface transportation project
eligible for Federal assistance under this
title or chapter 53 of title 49;
``(B) a project for an international bridge
or tunnel for which an international entity
authorized under Federal or State law is
responsible;
``(C) a project for intercity passenger bus
or rail facilities and vehicles, including
facilities and vehicles owned by the National
Railroad Passenger Corporation and components
of magnetic levitation transportation systems;
and
``(D) a project that--
``(i) is a project--
``(I) for a public freight
rail facility or a private
facility providing public
benefit for highway users by
way of direct freight
interchange between highway and
rail carriers;
``(II) for an intermodal
freight transfer facility;
``(III) for a means of
access to a facility described
in subclause (I) or (II);
``(IV) for a service
improvement for a facility
described in subclause (I) or
(II) (including a capital
investment for an intelligent
transportation system); or
``(V) that comprises a
series of projects described in
subclauses (I) through (IV)
with the common objective of
improving the flow of goods;
``(ii) may involve the combining of
private and public sector funds,
including investment of public funds in
private sector facility improvements;
``(iii) if located within the
boundaries of a port terminal, includes
only such surface transportation
infrastructure modifications as are
necessary to facilitate direct
intermodal interchange, transfer, and
access into and out of the port; and
``(iv) is composed of related
highway, surface transportation,
transit, rail, or intermodal capital
improvement projects eligible for
assistance under this section in order
to meet the eligible project cost
threshold under section 602, by
grouping related projects together for
that purpose, subject to the condition
that the credit assistance for the
projects is secured by a common pledge.
``(13) Project obligation.--The term `project
obligation' means any note, bond, debenture, or other
debt obligation issued by an obligor in connection with
the financing of a project, other than a Federal credit
instrument.
``(14) Rating agency.--The term `rating agency'
means a credit rating agency registered with the
Securities and Exchange Commission as a nationally
recognized statistical rating organization (as that
term is defined in section 3(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a))).
``(15) Rural infrastructure project.--The term
`rural infrastructure project' means a surface
transportation infrastructure project located in any
area other than a city with a population of more than
250,000 inhabitants within the city limits.
``(16) Secured loan.--The term `secured loan' means
a direct loan or other debt obligation issued by an
obligor and funded by the Secretary in connection with
the financing of a project under section 603.
``(17) State.--The term `State' has the meaning
given the term in section 101.
``(18) Subsidy amount.--The term `subsidy amount'
means the amount of budget authority sufficient to
cover the estimated long-term cost to the Federal
Government of a Federal credit instrument--
``(A) calculated on a net present value
basis; and
``(B) excluding administrative costs and
any incidental effects on governmental receipts
or outlays in accordance with the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.).
``(19) Substantial completion.--The term
`substantial completion' means--
``(A) the opening of a project to vehicular
or passenger traffic; or
``(B) a comparable event, as determined by
the Secretary and specified in the credit
agreement.
``(20) TIFIA program.--The term `TIFIA program'
means the transportation infrastructure finance and
innovation program of the Department.
``(b) Treatment of Chapter.--For purposes of this title,
this chapter shall be treated as being part of chapter 1.
``Sec. 602. Determination of eligibility and project selection
``(a) Eligibility.--
``(1) In general.--A project shall be eligible to
receive credit assistance under this chapter if--
``(A) the entity proposing to carry out the
project submits a letter of interest prior to
submission of a formal application for the
project; and
``(B) the project meets the criteria
described in this subsection.
``(2) Creditworthiness.--
``(A) In general.--To be eligible for
assistance under this chapter, a project shall
satisfy applicable creditworthiness standards,
which, at a minimum, shall include--
``(i) a rate covenant, if
applicable;
``(ii) adequate coverage
requirements to ensure repayment;
``(iii) an investment grade rating
from at least 2 rating agencies on debt
senior to the Federal credit
instrument; and
``(iv) a rating from at least 2
rating agencies on the Federal credit
instrument, subject to the condition
that, with respect to clause (iii), if
the total amount of the senior debt and
the Federal credit instrument is less
than $75,000,000, 1 rating agency
opinion for each of the senior debt and
Federal credit instrument shall be
sufficient.
``(B) Senior debt.--Notwithstanding
subparagraph (A), in a case in which the
Federal credit instrument is the senior debt,
the Federal credit instrument shall be required
to receive an investment grade rating from at
least 2 rating agencies, unless the credit
instrument is for an amount less than
$75,000,000, in which case 1 rating agency
opinion shall be sufficient.
``(3) Inclusion in transportation plans and
programs.--A project shall satisfy the applicable
planning and programming requirements of sections 134
and 135 at such time as an agreement to make available
a Federal credit instrument is entered into under this
chapter.
``(4) Application.--A State, local government,
public authority, public-private partnership, or any
other legal entity undertaking the project and
authorized by the Secretary shall submit a project
application that is acceptable to the Secretary.
``(5) Eligible project costs.--
``(A) In general.--Except as provided in
subparagraph (B), to be eligible for assistance
under this chapter, a project shall have
eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
``(i)(I) $50,000,000; or
``(II) in the case of a rural
infrastructure project, $25,000,000;
and
``(ii) 33\1/3\ percent of the
amount of Federal highway assistance
funds apportioned for the most recently
completed fiscal year to the State in
which the project is located.
``(B) Intelligent transportation system
projects.--In the case of a project principally
involving the installation of an intelligent
transportation system, eligible project costs
shall be reasonably anticipated to equal or
exceed $15,000,000.
``(6) Dedicated revenue sources.--The applicable
Federal credit instrument shall be repayable, in whole
or in part, from--
``(A) tolls;
``(B) user fees;
``(C) payments owing to the obligor under a
public-private partnership; or
``(D) other dedicated revenue sources that
also secure or fund the project obligations.
``(7) Public sponsorship of private entities.--In
the case of a project that is undertaken by an entity
that is not a State or local government or an agency or
instrumentality of a State or local government, the
project that the entity is undertaking shall be
publicly sponsored as provided in paragraph (3).
``(8) Applications where obligor will be identified
later.--A State, local government, agency or
instrumentality of a State or local government, or
public authority may submit to the Secretary an
application under paragraph (4), under which a private
party to a public-private partnership will be--
``(A) the obligor; and
``(B) identified later through completion
of a procurement and selection of the private
party.
``(9) Beneficial effects.--The Secretary shall
determine that financial assistance for the project
under this chapter will--
``(A) foster, if appropriate, partnerships
that attract public and private investment for
the project;
``(B) enable the project to proceed at an
earlier date than the project would otherwise
be able to proceed or reduce the lifecycle
costs (including debt service costs) of the
project; and
``(C) reduce the contribution of Federal
grant assistance for the project.
``(10) Project readiness.--To be eligible for
assistance under this chapter, the applicant shall
demonstrate a reasonable expectation that the
contracting process for construction of the project can
commence by not later than 90 days after the date on
which a Federal credit instrument is obligated for the
project under this chapter.
``(b) Selection Among Eligible Projects.--
``(1) Establishment.--The Secretary shall establish
a rolling application process under which projects that
are eligible to receive credit assistance under
subsection (a) shall receive credit assistance on terms
acceptable to the Secretary, if adequate funds are
available to cover the subsidy costs associated with
the Federal credit instrument.
``(2) Adequate funding not available.--If the
Secretary fully obligates funding to eligible projects
in a fiscal year, and adequate funding is not available
to fund a credit instrument, a project sponsor of an
eligible project may elect to enter into a master
credit agreement and wait until the earlier of--
``(A) the following fiscal year; and
``(B) the fiscal year during which
additional funds are available to receive
credit assistance.
``(3) Preliminary rating opinion letter.--The
Secretary shall require each project applicant to
provide a preliminary rating opinion letter from at
least 1 rating agency--
``(A) indicating that the senior
obligations of the project, which may be the
Federal credit instrument, have the potential
to achieve an investment-grade rating; and
``(B) including a preliminary rating
opinion on the Federal credit instrument.
``(c) Federal Requirements.--
``(1) In general.--In addition to the requirements
of this title for highway projects, the requirements of
chapter 53 of title 49 for transit projects, and the
requirements of section 5333(a) of title 49 for rail
projects, the following provisions of law shall apply
to funds made available under this chapter and projects
assisted with those funds:
``(A) Title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.).
``(B) The National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
``(C) The Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4601 et seq.).
``(2) NEPA.--No funding shall be obligated for a
project that has not received an environmental
categorical exclusion, a finding of no significant
impact, or a record of decision under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(d) Application Processing Procedures.--
``(1) Notice of complete application.--Not later
than 30 days after the date of receipt of an
application under this section, the Secretary shall
provide to the applicant a written notice to inform the
applicant whether--
``(A) the application is complete; or
``(B) additional information or materials
are needed to complete the application.
``(2) Approval or denial of application.--Not later
than 60 days after the date of issuance of the written
notice under paragraph (1), the Secretary shall provide
to the applicant a written notice informing the
applicant whether the Secretary has approved or
disapproved the application.
``(e) Development Phase Activities.--Any credit instrument
secured under this chapter may be used to finance up to 100
percent of the cost of development phase activities as
described in section 601(a)(1)(A).
``Sec. 603. Secured loans
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) and
(3), the Secretary may enter into agreements with 1 or
more obligors to make secured loans, the proceeds of
which shall be used--
``(A) to finance eligible project costs of
any project selected under section 602;
``(B) to refinance interim construction
financing of eligible project costs of any
project selected under section 602;
``(C) to refinance existing Federal credit
instruments for rural infrastructure projects;
or
``(D) to refinance long-term project
obligations or Federal credit instruments, if
the refinancing provides additional funding
capacity for the completion, enhancement, or
expansion of any project that--
``(i) is selected under section
602; or
``(ii) otherwise meets the
requirements of section 602.
``(2) Limitation on refinancing of interim
construction financing.--A loan under paragraph (1)
shall not refinance interim construction financing
under paragraph (1)(B) later than 1 year after the date
of substantial completion of the project.
``(3) Risk assessment.--Before entering into an
agreement under this subsection, the Secretary, in
consultation with the Director of the Office of
Management and Budget, shall determine an appropriate
capital reserve subsidy amount for each secured loan,
taking into account each rating letter provided by an
agency under section 602(b)(3)(B).
``(b) Terms and Limitations.--
``(1) In general.--A secured loan under this
section with respect to a project shall be on such
terms and conditions and contain such covenants,
representations, warranties, and requirements
(including requirements for audits) as the Secretary
determines to be appropriate.
``(2) Maximum amount.--The amount of a secured loan
under this section shall not exceed the lesser of 49
percent of the reasonably anticipated eligible project
costs or if the secured loan does not receive an
investment grade rating, the amount of the senior
project obligations.
``(3) Payment.--A secured loan under this section--
``(A) shall--
``(i) be payable, in whole or in
part, from--
``(I) tolls;
``(II) user fees;
``(III) payments owing to
the obligor under a public-
private partnership; or
``(IV) other dedicated
revenue sources that also
secure the senior project
obligations; and
``(ii) include a rate covenant,
coverage requirement, or similar
security feature supporting the project
obligations; and
``(B) may have a lien on revenues described
in subparagraph (A), subject to any lien
securing project obligations.
``(4) Interest rate.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the interest rate on
a secured loan under this section shall be not
less than the yield on United States Treasury
securities of a similar maturity to the
maturity of the secured loan on the date of
execution of the loan agreement.
``(B) Rural infrastructure projects.--
``(i) In general.--The interest
rate of a loan offered to a rural
infrastructure project under this
chapter shall be at \1/2\ of the
Treasury Rate in effect on the date of
execution of the loan agreement.
``(ii) Application.--The rate
described in clause (i) shall only
apply to any portion of a loan the
subsidy cost of which is funded by
amounts set aside for rural
infrastructure projects under section
608(a)(3)(A).
``(C) Limited buydowns.--The interest rate
of a secured loan under this section may not be
lowered by more than the lower of--
``(i) 1\1/2\ percentage points (150
basis points); or
``(ii) the amount of the increase
in the interest rate.
``(5) Maturity date.--The final maturity date of
the secured loan shall be the lesser of--
``(A) 35 years after the date of
substantial completion of the project; and
``(B) if the useful life of the capital
asset being financed is of a lesser period, the
useful life of the asset.
``(6) Nonsubordination.--
``(A) In general.--Except as provided in
subparagraph (B), the secured loan shall not be
subordinated to the claims of any holder of
project obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor.
``(B) Preexisting indenture.--
``(i) In general.--The Secretary
shall waive the requirement under
subparagraph (A) for a public agency
borrower that is financing ongoing
capital programs and has outstanding
senior bonds under a preexisting
indenture, if--
``(I) the secured loan is
rated in the A category or
higher;
``(II) the secured loan is
secured and payable from
pledged revenues not affected
by project performance, such as
a tax-backed revenue pledge or
a system-backed pledge of
project revenues; and
``(III) the TIFIA program
share of eligible project costs
is 33 percent or less.
``(ii) Limitation.--If the
Secretary waives the nonsubordination
requirement under this subparagraph--
``(I) the maximum credit
subsidy to be paid by the
Federal Government shall be not
more than 10 percent of the
principal amount of the secured
loan; and
``(II) the obligor shall be
responsible for paying the
remainder of the subsidy cost,
if any.
``(7) Fees.--The Secretary may establish fees at a
level sufficient to cover all or a portion of the costs
to the Federal Government of making a secured loan
under this section.
``(8) Non-federal share.--The proceeds of a secured
loan under this chapter may be used for any non-Federal
share of project costs required under this title or
chapter 53 of title 49, if the loan is repayable from
non-Federal funds.
``(9) Maximum federal involvement.--The total
Federal assistance provided on a project receiving a
loan under this chapter shall not exceed 80 percent of
the total project cost.
``(c) Repayment.--
``(1) Schedule.--The Secretary shall establish a
repayment schedule for each secured loan under this
section based on--
``(A) the projected cash flow from project
revenues and other repayment sources; and
``(B) the useful life of the project.
``(2) Commencement.--Scheduled loan repayments of
principal or interest on a secured loan under this
section shall commence not later than 5 years after the
date of substantial completion of the project.
``(3) Deferred payments.--
``(A) In general.--If, at any time after
the date of substantial completion of the
project, the project is unable to generate
sufficient revenues to pay the scheduled loan
repayments of principal and interest on the
secured loan, the Secretary may, subject to
subparagraph (C), allow the obligor to add
unpaid principal and interest to the
outstanding balance of the secured loan.
``(B) Interest.--Any payment deferred under
subparagraph (A) shall--
``(i) continue to accrue interest
in accordance with subsection (b)(4)
until fully repaid; and
``(ii) be scheduled to be amortized
over the remaining term of the loan.
``(C) Criteria.--
``(i) In general.--Any payment
deferral under subparagraph (A) shall
be contingent on the project meeting
criteria established by the Secretary.
``(ii) Repayment standards.--The
criteria established pursuant to clause
(i) shall include standards for
reasonable assurance of repayment.
``(4) Prepayment.--
``(A) Use of excess revenues.--Any excess
revenues that remain after satisfying scheduled
debt service requirements on the project
obligations and secured loan and all deposit
requirements under the terms of any trust
agreement, bond resolution, or similar
agreement securing project obligations may be
applied annually to prepay the secured loan
without penalty.
``(B) Use of proceeds of refinancing.--The
secured loan may be prepaid at any time without
penalty from the proceeds of refinancing from
non-Federal funding sources.
``(d) Sale of Secured Loans.--
``(1) In general.--Subject to paragraph (2), as
soon as practicable after substantial completion of a
project and after notifying the obligor, the Secretary
may sell to another entity or reoffer into the capital
markets a secured loan for the project if the Secretary
determines that the sale or reoffering can be made on
favorable terms.
``(2) Consent of obligor.--In making a sale or
reoffering under paragraph (1), the Secretary may not
change the original terms and conditions of the secured
loan without the written consent of the obligor.
``(e) Loan Guarantees.--
``(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan
under this section if the Secretary determines that the
budgetary cost of the loan guarantee is substantially
the same as that of a secured loan.
``(2) Terms.--The terms of a loan guarantee under
paragraph (1) shall be consistent with the terms
required under this section for a secured loan, except
that the rate on the guaranteed loan and any prepayment
features shall be negotiated between the obligor and
the lender, with the consent of the Secretary.
``Sec. 604. Lines of credit
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2)
through (4), the Secretary may enter into agreements to
make available to 1 or more obligors lines of credit in
the form of direct loans to be made by the Secretary at
future dates on the occurrence of certain events for
any project selected under section 602.
``(2) Use of proceeds.--The proceeds of a line of
credit made available under this section shall be
available to pay debt service on project obligations
issued to finance eligible project costs, extraordinary
repair and replacement costs, operation and maintenance
expenses, and costs associated with unexpected Federal
or State environmental restrictions.
``(3) Risk assessment.--Before entering into an
agreement under this subsection, the Secretary, in
consultation with the Director of the Office of
Management and Budget and each rating agency providing
a preliminary rating opinion letter under section
602(b)(3), shall determine an appropriate capital
reserve subsidy amount for each line of credit, taking
into account the rating opinion letter.
``(4) Investment-grade rating requirement.--The
funding of a line of credit under this section shall be
contingent on the senior obligations of the project
receiving an investment-grade rating from 2 rating
agencies.
``(b) Terms and Limitations.--
``(1) In general.--A line of credit under this
section with respect to a project shall be on such
terms and conditions and contain such covenants,
representations, warranties, and requirements
(including requirements for audits) as the Secretary
determines to be appropriate.
``(2) Maximum amounts.--The total amount of a line
of credit under this section shall not exceed 33
percent of the reasonably anticipated eligible project
costs.
``(3) Draws.--Any draw on a line of credit under
this section shall--
``(A) represent a direct loan; and
``(B) be made only if net revenues from the
project (including capitalized interest, but
not including reasonably required financing
reserves) are insufficient to pay the costs
specified in subsection (a)(2).
``(4) Interest rate.--Except as provided in
subparagraphs (B) and (C) of section 603(b)(4), the
interest rate on a direct loan resulting from a draw on
the line of credit shall be not less than the yield on
30-year United States Treasury securities, as of the
date of execution of the line of credit agreement.
``(5) Security.--A line of credit issued under this
section--
``(A) shall--
``(i) be payable, in whole or in
part, from--
``(I) tolls;
``(II) user fees;
``(III) payments owing to
the obligor under a public-
private partnership; or
``(IV) other dedicated
revenue sources that also
secure the senior project
obligations; and
``(ii) include a rate covenant,
coverage requirement, or similar
security feature supporting the project
obligations; and
``(B) may have a lien on revenues described
in subparagraph (A), subject to any lien
securing project obligations.
``(6) Period of availability.--The full amount of a
line of credit under this section, to the extent not
drawn upon, shall be available during the 10-year
period beginning on the date of substantial completion
of the project.
``(7) Rights of third-party creditors.--
``(A) Against federal government.--A third-
party creditor of the obligor shall not have
any right against the Federal Government with
respect to any draw on a line of credit under
this section.
``(B) Assignment.--An obligor may assign a
line of credit under this section to--
``(i) 1 or more lenders; or
``(ii) a trustee on the behalf of
such a lender.
``(8) Nonsubordination.--
``(A) In general.--Except as provided in
subparagraph (B), a direct loan under this
section shall not be subordinated to the claims
of any holder of project obligations in the
event of bankruptcy, insolvency, or liquidation
of the obligor.
``(B) Pre-existing indenture.--
``(i) In general.--The Secretary
shall waive the requirement of
subparagraph (A) for a public agency
borrower that is financing ongoing
capital programs and has outstanding
senior bonds under a preexisting
indenture, if--
``(I) the line of credit is
rated in the A category or
higher;
``(II) the TIFIA program
loan resulting from a draw on
the line of credit is payable
from pledged revenues not
affected by project
performance, such as a tax-
backed revenue pledge or a
system-backed pledge of project
revenues; and
``(III) the TIFIA program
share of eligible project costs
is 33 percent or less.
``(ii) Limitation.--If the
Secretary waives the nonsubordination
requirement under this subparagraph--
``(I) the maximum credit
subsidy to be paid by the
Federal Government shall be not
more than 10 percent of the
principal amount of the secured
loan; and
``(II) the obligor shall be
responsible for paying the
remainder of the subsidy cost.
``(9) Fees.--The Secretary may establish fees at a
level sufficient to cover all or a portion of the costs
to the Federal Government of providing a line of credit
under this section.
``(10) Relationship to other credit instruments.--A
project that receives a line of credit under this
section also shall not receive a secured loan or loan
guarantee under section 603 in an amount that, combined
with the amount of the line of credit, exceeds 49
percent of eligible project costs.
``(c) Repayment.--
``(1) Terms and conditions.--The Secretary shall
establish repayment terms and conditions for each
direct loan under this section based on--
``(A) the projected cash flow from project
revenues and other repayment sources; and
``(B) the useful life of the asset being
financed.
``(2) Timing.--All repayments of principal or
interest on a direct loan under this section shall be
scheduled--
``(A) to commence not later than 5 years
after the end of the period of availability
specified in subsection (b)(6); and
``(B) to conclude, with full repayment of
principal and interest, by the date that is 25
years after the end of the period of
availability specified in subsection (b)(6).
``Sec. 605. Program administration
``(a) Requirement.--The Secretary shall establish a uniform
system to service the Federal credit instruments made available
under this chapter.
``(b) Fees.--The Secretary may collect and spend fees,
contingent on authority being provided in appropriations Acts,
at a level that is sufficient to cover--
``(1) the costs of services of expert firms
retained pursuant to subsection (d); and
``(2) all or a portion of the costs to the Federal
Government of servicing the Federal credit instruments.
``(c) Servicer.--
``(1) In general.--The Secretary may appoint a
financial entity to assist the Secretary in servicing
the Federal credit instruments.
``(2) Duties.--A servicer appointed under paragraph
(1) shall act as the agent for the Secretary.
``(3) Fee.--A servicer appointed under paragraph
(1) shall receive a servicing fee, subject to approval
by the Secretary.
``(d) Assistance From Expert Firms.--The Secretary may
retain the services of expert firms, including counsel, in the
field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments.
``(e) Expedited Processing.--The Secretary shall implement
procedures and measures to economize the time and cost involved
in obtaining approval and the issuance of credit assistance
under this chapter.
``Sec. 606. State and local permits
``The provision of credit assistance under this chapter
with respect to a project shall not--
``(1) relieve any recipient of the assistance of
any obligation to obtain any required State or local
permit or approval with respect to the project;
``(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on
private equity invested in the project; or
``(3) otherwise supersede any State or local law
(including any regulation) applicable to the
construction or operation of the project.
``Sec. 607. Regulations
``The Secretary may promulgate such regulations as the
Secretary determines to be appropriate to carry out this
chapter.
``Sec. 608. Funding
``(a) Funding.--
``(1) Spending and borrowing authority.--Spending
and borrowing authority for a fiscal year to enter into
Federal credit instruments shall be promptly
apportioned to the Secretary on a fiscal-year basis.
``(2) Reestimates.--If the subsidy cost of a
Federal credit instrument is reestimated, the cost
increase or decrease of the reestimate shall be borne
by, or benefit, the general fund of the Treasury,
consistent with section 504(f) the Congressional Budget
Act of 1974 (2 U.S.C. 661c(f)).
``(3) Rural set-aside.--
``(A) In general.--Of the total amount of
funds made available to carry out this chapter
for each fiscal year, not more than 10 percent
shall be set aside for rural infrastructure
projects.
``(B) Reobligation.--Any amounts set aside
under subparagraph (A) that remain unobligated
by June 1 of the fiscal year for which the
amounts were set aside shall be available for
obligation by the Secretary on projects other
than rural infrastructure projects.
``(4) Redistribution of authorized funding.--
``(A) In general.--Beginning in fiscal year
2014, on April 1 of each fiscal year, if the
cumulative unobligated and uncommitted balance
of funding available exceeds 75 percent of the
amount made available to carry out this chapter
for that fiscal year, the Secretary shall
distribute to the States the amount of funds
and associated obligation authority in excess
of that amount.
``(B) Distribution.--The amounts and
obligation authority distributed under this
paragraph shall be distributed, in the same
manner as obligation authority is distributed
to the States for the fiscal year, based on the
proportion that--
``(i) the relative share of each
State of obligation authority for the
fiscal year; bears to
``(ii) the total amount of
obligation authority distributed to all
States for the fiscal year.
``(C) Purpose.--Funds distributed under
subparagraph (B) shall be available for any
purpose described in section 133(b).
``(5) Availability.--Amounts made available to
carry out this chapter shall remain available until
expended.
``(6) Administrative costs.--Of the amounts made
available to carry out this chapter, the Secretary may
use not more than 0.50 percent for each fiscal year for
the administration of this chapter.
``(b) Contract Authority.--
``(1) In general.--Notwithstanding any other
provision of law, execution of a term sheet by the
Secretary of a Federal credit instrument that uses
amounts made available under this chapter shall impose
on the United States a contractual obligation to fund
the Federal credit investment.
``(2) Availability.--Amounts made available to
carry out this chapter for a fiscal year shall be
available for obligation on October 1 of the fiscal
year.
``Sec. 609. Reports to Congress
``(a) In General.--On June 1, 2012, and every 2 years
thereafter, the Secretary shall submit to Congress a report
summarizing the financial performance of the projects that are
receiving, or have received, assistance under this chapter
(other than section 610), including a recommendation as to
whether the objectives of this chapter (other than section 610)
are best served by--
``(1) continuing the program under the authority of
the Secretary;
``(2) establishing a Federal corporation or
federally sponsored enterprise to administer the
program; or
``(3) phasing out the program and relying on the
capital markets to fund the types of infrastructure
investments assisted by this chapter (other than
section 610) without Federal participation.
``(b) Application Process Report.--
``(1) In general.--Not later than December 1, 2012,
and annually thereafter, 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 report
that includes a list of all of the letters of interest
and applications received from project sponsors for
assistance under this chapter (other than section 610)
during the preceding fiscal year.
``(2) Inclusions.--
``(A) In general.--Each report under
paragraph (1) shall include, at a minimum, a
description of, with respect to each letter of
interest and application included in the
report--
``(i) the date on which the letter
of interest or application was
received;
``(ii) the date on which a
notification was provided to the
project sponsor regarding whether the
application was complete or incomplete;
``(iii) the date on which a revised
and completed application was submitted
(if applicable);
``(iv) the date on which a
notification was provided to the
project sponsor regarding whether the
project was approved or disapproved;
and
``(v) if the project was not
approved, the reason for the
disapproval.
``(B) Correspondence.--Each report under
paragraph (1) shall include copies of any
correspondence provided to the project sponsor
in accordance with section 602(d).''.
DIVISION B--PUBLIC TRANSPORTATION
SEC. 20001. SHORT TITLE.
This division may be cited as the ``Federal Public
Transportation Act of 2012''.
SEC. 20002. REPEALS.
(a) Chapter 53.--Chapter 53 of title 49, United States
Code, is amended by striking sections 5308, 5316, 5317, 5320,
and 5328.
(b) Transportation Equity Act for the 21st Century.--
Section 3038 of the Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note) is repealed.
(c) SAFETEA-LU.--The following provisions are repealed:
(1) Section 3009(i) of SAFETEA-LU (Public Law 109-
59; 119 Stat. 1572).
(2) Section 3011(c) of SAFETEA-LU (49 U.S.C. 5309
note).
(3) Section 3012(b) of SAFETEA-LU (49 U.S.C. 5310
note).
(4) Section 3045 of SAFETEA-LU (49 U.S.C. 5308
note).
(5) Section 3046 of SAFETEA-LU (49 U.S.C. 5338
note).
SEC. 20003. POLICIES AND PURPOSES.
Section 5301 of title 49, United States Code, is amended to
read as follows:
``Sec. 5301. Policies and purposes
``(a) Declaration of Policy.--It is in the interest of the
United States, including the economic interest of the United
States, to foster the development and revitalization of public
transportation systems with the cooperation of both public
transportation companies and private companies engaged in
public transportation.
``(b) General Purposes.--The purposes of this chapter are
to--
``(1) provide funding to support public
transportation;
``(2) improve the development and delivery of
capital projects;
``(3) establish standards for the state of good
repair of public transportation infrastructure and
vehicles;
``(4) promote continuing, cooperative, and
comprehensive planning that improves the performance of
the transportation network;
``(5) establish a technical assistance program to
assist recipients under this chapter to more
effectively and efficiently provide public
transportation service;
``(6) continue Federal support for public
transportation providers to deliver high quality
service to all users, including individuals with
disabilities, seniors, and individuals who depend on
public transportation;
``(7) support research, development, demonstration,
and deployment projects dedicated to assisting in the
delivery of efficient and effective public
transportation service; and
``(8) promote the development of the public
transportation workforce.''.
SEC. 20004. DEFINITIONS.
Section 5302 of title 49, United States Code, is amended to
read as follows:
``Sec. 5302. Definitions
``Except as otherwise specifically provided, in this
chapter the following definitions apply:
``(1) Associated transit improvement.--The term
`associated transit improvement' means, with respect to
any project or an area to be served by a project,
projects that are designed to enhance public
transportation service or use and that are physically
or functionally related to transit facilities. Eligible
projects are--
``(A) historic preservation,
rehabilitation, and operation of historic
public transportation buildings, structures,
and facilities (including historic bus and
railroad facilities) intended for use in public
transportation service;
``(B) bus shelters;
``(C) landscaping and streetscaping,
including benches, trash receptacles, and
street lights;
``(D) pedestrian access and walkways;
``(E) bicycle access, including bicycle
storage facilities and installing equipment for
transporting bicycles on public transportation
vehicles;
``(F) signage; or
``(G) enhanced access for persons with
disabilities to public transportation.
``(2) Bus rapid transit system.--The term `bus
rapid transit system' means a bus transit system--
``(A) in which the majority of each line
operates in a separated right-of-way dedicated
for public transportation use during peak
periods; and
``(B) that includes features that emulate
the services provided by rail fixed guideway
public transportation systems, including--
``(i) defined stations;
``(ii) traffic signal priority for
public transportation vehicles;
