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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;
                            ``(iii) short headway bidirectional 
                        services for a substantial part of 
                        weekdays and weekend days; and
                            ``(iv) any other features the 
                        Secretary may determine are necessary 
                        to produce high-quality public 
                        transportation services that emulate 
                        the services provided by rail fixed 
                        guideway public transportation systems.
            ``(3) Capital project.--The term `capital project' 
        means a project for--
                    ``(A) acquiring, constructing, supervising, 
                or inspecting equipment or a facility for use 
                in public transportation, expenses incidental 
                to the acquisition or construction (including 
                designing, engineering, location surveying, 
                mapping, and acquiring rights-of-way), payments 
                for the capital portions of rail trackage 
                rights agreements, transit-related intelligent 
                transportation systems, relocation assistance, 
                acquiring replacement housing sites, and 
                acquiring, constructing, relocating, and 
                rehabilitating replacement housing;
                    ``(B) rehabilitating a bus;
                    ``(C) remanufacturing a bus;
                    ``(D) overhauling rail rolling stock;
                    ``(E) preventive maintenance;
                    ``(F) leasing equipment or a facility for 
                use in public transportation, subject to 
                regulations that the Secretary prescribes 
                limiting the leasing arrangements to those that 
                are more cost-effective than purchase or 
                construction;
                    ``(G) a joint development improvement 
                that--
                            ``(i) enhances economic development 
                        or incorporates private investment, 
                        such as commercial and residential 
                        development;
                            ``(ii)(I) enhances the 
                        effectiveness of public transportation 
                        and is related physically or 
                        functionally to public transportation; 
                        or
                            ``(II) establishes new or enhanced 
                        coordination between public 
                        transportation and other 
                        transportation;
                            ``(iii) provides a fair share of 
                        revenue that will be used for public 
                        transportation;
                            ``(iv) provides that a person 
                        making an agreement to occupy space in 
                        a facility constructed under this 
                        paragraph shall pay a fair share of the 
                        costs of the facility through rental 
                        payments and other means;
                            ``(v) may include--
                                    ``(I) property acquisition;
                                    ``(II) demolition of 
                                existing structures;
                                    ``(III) site preparation;
                                    ``(IV) utilities;
                                    ``(V) building foundations;
                                    ``(VI) walkways;
                                    ``(VII) pedestrian and 
                                bicycle access to a public 
                                transportation facility;
                                    ``(VIII) construction, 
                                renovation, and improvement of 
                                intercity bus and intercity 
                                rail stations and terminals;
                                    ``(IX) renovation and 
                                improvement of historic 
                                transportation facilities;
                                    ``(X) open space;
                                    ``(XI) safety and security 
                                equipment and facilities 
                                (including lighting, 
                                surveillance, and related 
                                intelligent transportation 
                                system applications);
                                    ``(XII) facilities that 
                                incorporate community services 
                                such as daycare or health care;
                                    ``(XIII) a capital project 
                                for, and improving, equipment 
                                or a facility for an intermodal 
                                transfer facility or 
                                transportation mall; and
                                    ``(XIV) construction of 
                                space for commercial uses; and
                            ``(vi) does not include outfitting 
                        of commercial space (other than an 
                        intercity bus or rail station or 
                        terminal) or a part of a public 
                        facility not related to public 
                        transportation;
                    ``(H) the introduction of new technology, 
                through innovative and improved products, into 
                public transportation;
                    ``(I) the provision of nonfixed route 
                paratransit transportation services in 
                accordance with section 223 of the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 
                12143), but only for grant recipients that are 
                in compliance with applicable requirements of 
                that Act, including both fixed route and demand 
                responsive service, and only for amounts not to 
                exceed 10 percent of such recipient's annual 
                formula apportionment under sections 5307 and 
                5311;
                    ``(J) establishing a debt service reserve, 
                made up of deposits with a bondholder's 
                trustee, to ensure the timely payment of 
                principal and interest on bonds issued by a 
                grant recipient to finance an eligible project 
                under this chapter;
                    ``(K) mobility management--
                            ``(i) consisting of short-range 
                        planning and management activities and 
                        projects for improving coordination 
                        among public transportation and other 
                        transportation service providers 
                        carried out by a recipient or 
                        subrecipient through an agreement 
                        entered into with a person, including a 
                        governmental entity, under this chapter 
                        (other than section 5309); but
                            ``(ii) excluding operating public 
                        transportation services; or
                    ``(L) associated capital maintenance, 
                including--
                            ``(i) equipment, tires, tubes, and 
                        material, each costing at least .5 
                        percent of the current fair market 
                        value of rolling stock comparable to 
                        the rolling stock for which the 
                        equipment, tires, tubes, and material 
                        are to be used; and
                            ``(ii) reconstruction of equipment 
                        and material, each of which after 
                        reconstruction will have a fair market 
                        value of at least .5 percent of the 
                        current fair market value of rolling 
                        stock comparable to the rolling stock 
                        for which the equipment and material 
                        will be used.
            ``(4) Designated recipient.--The term `designated 
        recipient' means--
                    ``(A) an entity designated, in accordance 
                with the planning process under sections 5303 
                and 5304, by the Governor of a State, 
                responsible local officials, and publicly owned 
                operators of public transportation, to receive 
                and apportion amounts under section 5336 to 
                urbanized areas of 200,000 or more in 
                population; or
                    ``(B) a State or regional authority, if the 
                authority is responsible under the laws of a 
                State for a capital project and for financing 
                and directly providing public transportation.
            ``(5) Disability.--The term `disability' has the 
        same meaning as in section 3(1) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102).
            ``(6) Emergency regulation.--The term `emergency 
        regulation' means a regulation--
                    ``(A) that is effective temporarily before 
                the expiration of the otherwise specified 
                periods of time for public notice and comment 
                under section 5334(c); and
                    ``(B) prescribed by the Secretary as the 
                result of a finding that a delay in the 
                effective date of the regulation--
                            ``(i) would injure seriously an 
                        important public interest;
                            ``(ii) would frustrate 
                        substantially legislative policy and 
                        intent; or
                            ``(iii) would damage seriously a 
                        person or class without serving an 
                        important public interest.
            ``(7) Fixed guideway.--The term `fixed guideway' 
        means a public transportation facility--
                    ``(A) using and occupying a separate right-
                of-way for the exclusive use of public 
                transportation;
                    ``(B) using rail;
                    ``(C) using a fixed catenary system;
                    ``(D) for a passenger ferry system; or
                    ``(E) for a bus rapid transit system.
            ``(8) Governor.--The term `Governor'--
                    ``(A) means the Governor of a State, the 
                mayor of the District of Columbia, and the 
                chief executive officer of a territory of the 
                United States; and
                    ``(B) includes the designee of the 
                Governor.
            ``(9) Job access and reverse commute project.--
                    ``(A) In general.--The term `job access and 
                reverse commute project' means a transportation 
                project to finance planning, capital, and 
                operating costs that support the development 
                and maintenance of transportation services 
                designed to transport welfare recipients and 
                eligible low-income individuals to and from 
                jobs and activities related to their 
                employment, including transportation projects 
                that facilitate the provision of public 
                transportation services from urbanized areas 
                and rural areas to suburban employment 
                locations.
                    ``(B) Definitions.--In this paragraph:
                            ``(i) Eligible low-income 
                        individual.--The term `eligible low-
                        income individual' means an individual 
                        whose family income is at or below 150 
                        percent of the poverty line (as that 
                        term is defined in section 673(2) of 
                        the Community Service Block Grant Act 
                        (42 U.S.C. 9902(2)), including any 
                        revision required by that section) for 
                        a family of the size involved.
                            ``(ii) Welfare recipient.--The term 
                        `welfare recipient' means an individual 
                        who has received assistance under a 
                        State or tribal program funded under 
                        part A of title IV of the Social 
                        Security Act (42 U.S.C. 601 et seq.) at 
                        any time during the 3-year period 
                        before the date on which the applicant 
                        applies for a grant under section 5307 
                        or 5311.
            ``(10) Local governmental authority.--The term 
        `local governmental authority' includes--
                    ``(A) a political subdivision of a State;
                    ``(B) an authority of at least 1 State or 
                political subdivision of a State;
                    ``(C) an Indian tribe; and
                    ``(D) a public corporation, board, or 
                commission established under the laws of a 
                State.
            ``(11) Low-income individual.--The term `low-income 
        individual' means an individual whose family income is 
        at or below 150 percent of the poverty line, as that 
        term is defined in section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)), including 
        any revision required by that section, for a family of 
        the size involved.
            ``(12) Net project cost.--The term `net project 
        cost' means the part of a project that reasonably 
        cannot be financed from revenues.
            ``(13) New bus model.--The term `new bus model' 
        means a bus model (including a model using alternative 
        fuel)--
                    ``(A) that has not been used in public 
                transportation in the United States before the 
                date of production of the model; or
                    ``(B) used in public transportation in the 
                United States, but being produced with a major 
                change in configuration or components.
            ``(14) Public transportation.--The term `public 
        transportation'--
                    ``(A) means regular, continuing shared-ride 
                surface transportation services that are open 
                to the general public or open to a segment of 
                the general public defined by age, disability, 
                or low income; and
                    ``(B) does not include--
                            ``(i) intercity passenger rail 
                        transportation provided by the entity 
                        described in chapter 243 (or a 
                        successor to such entity);
                            ``(ii) intercity bus service;
                            ``(iii) charter bus service;
                            ``(iv) school bus service;
                            ``(v) sightseeing service;
                            ``(vi) courtesy shuttle service for 
                        patrons of one or more specific 
                        establishments; or
                            ``(vii) intra-terminal or intra-
                        facility shuttle services.
            ``(15) Regulation.--The term `regulation' means any 
        part of a statement of general or particular 
        applicability of the Secretary designed to carry out, 
        interpret, or prescribe law or policy in carrying out 
        this chapter.
            ``(16) Rural area.--The term `rural area' means an 
        area encompassing a population of less than 50,000 
        people that has not been designated in the most recent 
        decennial census as an `urbanized area' by the 
        Secretary of Commerce.
            ``(17) Secretary.--The term `Secretary' means the 
        Secretary of Transportation.
            ``(18) Senior.--The term `senior' means an 
        individual who is 65 years of age or older.
            ``(19) State.--The term `State' means a State of 
        the United States, the District of Columbia, Puerto 
        Rico, the Northern Mariana Islands, Guam, American 
        Samoa, and the Virgin Islands.
            ``(20) State of good repair.--The term `state of 
        good repair' has the meaning given that term by the 
        Secretary, by rule, under section 5326(b).
            ``(21) Transit.--The term `transit' means public 
        transportation.
            ``(22) Urban area.--The term `urban area' means an 
        area that includes a municipality or other built-up 
        place that the Secretary, after considering local 
        patterns and trends of urban growth, decides is 
        appropriate for a local public transportation system to 
        serve individuals in the locality.
            ``(23) Urbanized area.--The term `urbanized area' 
        means an area encompassing a population of not less 
        than 50,000 people that has been defined and designated 
        in the most recent decennial census as an `urbanized 
        area' by the Secretary of Commerce.''.

SEC. 20005. METROPOLITAN TRANSPORTATION PLANNING.

    (a) Amendment.--Section 5303 of title 49, United States 
Code, is amended to read as follows:

``Sec. 5303. 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 5304(d).
    ``(b) Definitions.--In this section and section 5304, 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 5304(l).
            ``(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