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                                                       Calendar No. 150
114th Congress     }                                    {       Report
 1st Session       }                                    {       114-80

======================================================================



 
DEVELOPING A RELIABLE AND INNOVATIVE VISION FOR THE ECONOMY (DRIVE) ACT

                                _______
                                

                 July 15, 2015.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1647]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1647) to reauthorize Federal-aid highway 
and highway safety construction programs, and for other 
purposes, having considered the same, reports favorably thereon 
with amendments and recommends that the bill, as amended, do 
pass.

                       Purpose of the Legislation

    S. 1647, as amended, authorizes Federal-aid highway and 
highway safety construction programs through Fiscal Year 2021.

                    General Statement and Background

    Legislation authorizing Federal investment in our nation's 
highways date back nearly 100 years, to the passage of the 
Federal Aid Road Act of 1916 and the Federal Highway Act of 
1921. However, it was the enactment of the Federal-Aid Highway 
Act of 1956 which significantly increased Federal investment in 
America's highway system, directed considerable funding to the 
building of the Interstate System, and established the Highway 
Trust Fund as the mechanism for financing the highway program. 
In addition, passage of the Highway Revenue Act of that same 
year increased some of the existing highway-related taxes, 
established new taxes, and provided that most of the revenues 
from these taxes be deposited in the Highway Trust Fund as the 
means to finance the Federal-aid highway program. A number of 
multi-year authorization bills have been passed in the decades 
following which authorized and modified the Federal-aid highway 
program, provided formula funding to States for the 
construction and maintenance of the nation's highway system, 
and extended the highway-related taxes deposited into the 
Highway Trust Fund.

Intermodal Surface Transportation Efficiency Act of 1991

    The Intermodal Surface Transportation Efficiency Act of 
1991 (ISTEA) was signed into law by President George H.W. Bush 
on December 18, 1991, as Public Law 102-240. It authorized the 
Federal surface transportation programs for highways, highway 
safety, and transit for the 6-year period between 1992 and 
1997. ISTEA was a milestone in the nation's transportation 
history, as it provided the transition from a Federal program 
based on completion of the Interstate system to a new Federal-
State-local partnership focused on balancing national systems 
of transportation and State and local empowerment.
    The three principal goals of ISTEA--intermodalism, 
flexibility, and efficiency--were intended to carry out the 
larger policy goal of developing a national intermodal 
transportation system that connected all forms of surface 
transportation in a unified and integrated manner. It was 
envisioned that such a system would include the National 
Highway System, consisting of the Interstate System and those 
principal arterial roads essential for national defense, along 
with connections to intermodal transfer facilities, 
international commerce and border crossings, ports, and 
airports. A primary purpose of ISTEA was the development of a 
transportation system that was economically efficient and 
environmentally sound, which provided the foundation for the 
nation to compete in a global economy and moved people and 
goods in an efficient manner.

National Highway System Designation Act of 1995

    The National Highway System Designation Act (NHS Act) was 
signed into law by President Clinton on November 28, 1995, as 
Public Law 104-59. The purpose of the NHS Act was to designate 
the National Highway System, consisting of the Interstate 
System and those principal arterial routes that were essential 
for interstate and regional commerce and travel, national 
defense, intermodal transfer facilities and trade.
    With the substantial completion of the Interstate System, 
Congress recognized that the primary Federal responsibility to 
ensure adequate mobility on our transportation system for 
people and goods could be achieved on a larger network of 
roads. Today, the National Highway System contains 
interconnected routes that carried more than 55 percent of the 
nation's highway traffic and 97 percent of truck freight 
traffic and represents 5.5 percent of the nation's most heavily 
traveled miles of the four million miles of public roads. 
Americans depend on a well-maintained NHS that provides 
critical connections between urban and rural communities.

Transportation Equity Act for the 21st Century

    The Transportation Equity Act for the 21st Century (TEA-21) 
was signed into law by President Clinton on June 9, 1998, as 
Public Law 105-178. It authorized Federal surface 
transportation programs for the 6-year period between 1998 and 
2003. TEA-21 built upon the initiatives established in ISTEA to 
meet the challenges of improving safety and enhancing 
communities while advancing America's economic growth and 
competitiveness domestically and internationally through 
efficient transportation. Flexibility in the use of funds, 
emphasis on measures to improve the environment, focus on a 
strong planning process for making investment decisions--all 
hallmarks of ISTEA--were continued and enhanced by TEA-21.

Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
        Legacy for Users

    The Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users (SAFETEA-LU) was signed into law 
by President George W. Bush on August 10, 2005, as Public Law 
109-59. SAFETEA-LU provided increased transportation 
infrastructure investment, strengthened transportation safety 
and environmental programs, and continued core research 
activities. After the expiration of SAFETEA-LU on September 30, 
2009, Federal surface transportation programs were continued 
through a series of short-term extensions until the enactment 
of the Moving Ahead for Progress in the 21st Century Act.

Moving Ahead for Progress in the 21st Century Act

    The Moving Ahead for Progress in the 21st Century Act (MAP-
21) reauthorized the Federal-aid highway program at the 
Congressional Budget Office's baseline funding level over 
fiscal years 2013 and 2014.
    MAP-21 modernized and reformed the transportation system to 
help create jobs, accelerate economic recovery, and build the 
foundation for long-term prosperity. The main goals of MAP-21 
were to improve safety, reduce congestion and its impacts, 
consolidate programs substantially to refocus the Federal-aid 
highway program, improve the efficiency of infrastructure 
project delivery, and establish funding and performance 
criteria. MAP-21 achieved many of those goals by significantly 
reforming and modernizing Federal surface transportation 
programs.

Developing a Reliable and Innovative Vision for the Economy Act

    This bill, the Developing a Reliable and Innovative Vision 
for the Economy (DRIVE) Act, builds on the success of the 
comprehensive reforms and performance-based approach to 
transportation investment included in MAP-21. It provides six 
years of increased funding, giving State and local governments 
the certainty and stability they need to improve and develop 
our nation's transportation infrastructure. These investments 
will create new jobs, provide a boost to our nation's economy, 
and keep us competitive in the global marketplace. Highlights 
of the legislation include:
           Long-term funding certainty for State and 
        local governments to support multi-year transportation 
        project investments;
           Increased funding for existing core 
        transportation formula programs to provide States and 
        local governments with a strong Federal partner;
           Creation of a new multi-billion dollar per 
        year freight program to help States deliver projects 
        that promote the safe, efficient, and reliable 
        transportation of consumer goods and products that is 
        on top of the existing formula programs;
           Targeted funds for major projects of high 
        importance to a community, a region, or the nation;
           Greater efficiency in the project delivery 
        process through improved collaboration and reduced 
        duplication;
           Increased funding priority on the Interstate 
        System, the National Highway System, and bridges at 
        risk of funding shortfalls;
           Greater transparency on the use of Federal 
        funds to show taxpayers where their infrastructure 
        dollars are being spent and reinforce public trust; and
           Support for innovative financing tools that 
        allow State and local governments to leverage Federal 
        funds for transportation projects and maximize 
        investments, particularly in rural areas where such 
        tools were previously unavailable.

Conclusion

    The DRIVE Act will provide critical long-term stability and 
certainty which will allow State and local governments to 
invest immediately in much-needed projects to maintain and 
improve the nation's surface transportation infrastructure. 
This will create jobs and stimulate economic activity 
immediately. Improving the nation's surface transportation 
infrastructure and implementing the previously enacted reforms 
included in MAP-21 will provide long-term benefits to the 
United States by keeping the economy competitive, ensuring that 
funds are used more efficiently, and spurring innovation and 
technology deployment.

                      Section-by-Section Analysis


Section 1. Short title

    This section designates the title of the bill as the 
``Developing a Reliable and Innovative Vision for the Economy 
Act''.

Section 2. Definitions; Table of contents

    This section defines the terms ``Department'' as the 
Department of Transportation and ``Secretary'' as the Secretary 
of Transportation for the purposes of this Act and lists the 
table of contents.

                     TITLE I--FEDERAL-AID HIGHWAYS


                SUBTITLE A--AUTHORIZATIONS AND PROGRAMS

Sec. 1001. Authorization of appropriations

    This section provides contract authority funding amounts 
from the Highway Trust Fund for Federal-aid highways and 
highway safety construction programs for the length of the 
bill, fiscal years 2016-2021.

Sec. 1002. Obligation ceiling

    This section sets the annual limitation on obligations for 
Federal-aid highways and highway safety construction programs 
for the length of the bill, fiscal years 2016-2021. This 
section identifies the programs that are exempt from the 
obligation limitation and provides the methodology for 
distributing the obligation authority between programs and 
among the States.

Sec. 1003. Apportionment

    This section provides the administrative expense amounts 
for the Federal Highway Administration by fiscal year, includes 
the percentage division of Federal-aid highway program funding, 
and establishes funding amounts by fiscal year for the newly 
proposed National Freight Program.

Sec. 1004. Surface Transportation Program

    This section modifies the percentage of Surface 
Transportation Program (STP) funds to be suballocated on the 
basis of population from 50 to 55 percent. This section 
increases the amount set-aside from STP funds for bridges and 
broadens the set-aside eligibility to include any bridge not 
located on the National Highway System (``off-NHS bridges''). 
This section provides that States may receive credit toward the 
non-Federal share of the cost of other bridge projects 
conducted with State and local sources for any bridge project 
not on a Federal-aid highway.

Sec. 1005. Metropolitan transportation planning

    This section provides references encouraging Metropolitan 
Planning Organizations (MPOs) to consider `resiliency' during 
the planning process. This section provides for consideration 
of intermodal facilities that support intercity transportation, 
including intercity buses and intercity bus facilities, in the 
long-range transportation plans and transportation improvement 
programs. This section provides that designation or selection 
of metropolitan planning organization officials or 
representatives shall be determined in accordance with the 
bylaws or enabling statute of the respective MPO. This section 
also provides that a representative of a provider of public 
transportation may also serve as a local elected official. In 
addition, officials of public agencies under paragraph (2)(B) 
shall be provided with commensurate authority with other such 
officials. This section clarifies that the Lake Tahoe Region is 
a metropolitan planning organization, a transportation 
management area, and an urbanized area, and clarifies the 
funding calculation for the region under the Surface 
Transportation Program and the Transportation Alternatives 
Program.

Sec. 1006. Statewide and nonmetropolitan transportation planning

    This section provides for consideration of intermodal 
facilities that support intercity transportation, including 
intercity buses and intercity bus facilities, in the statewide 
transportation plans and transportation improvement programs. 
This section provides references encouraging States to consider 
``resiliency'' during the planning process.

Sec. 1007. Highway use tax evasion projects

    This section provides a reduced amount of funds 
($4,000,000) to be used in conjunction with the Internal 
Revenue Service for highway use tax evasion projects. This 
funding authorization is consistent with the actual expenditure 
by the Internal Revenue Service for such projects.

Sec. 1008. Bundling of bridge projects

    This section provides affirmative authority to allow State 
and local governments with flexibility to bundle similar bridge 
projects eligible under the National Highway Performance 
Program (NHPP) or STP programs in order to increase 
efficiencies and accelerate the design and project approvals 
for such projects.

Sec. 1009. Flexibility for certain rural road and bridge projects

    This section provides an opportunity to save time and money 
in delivering certain projects located in rural areas. This 
section directs the Secretary of Transportation to exercise any 
flexibilities available under existing legal authorities for 
eligible road and bridge projects in order to provide 
regulatory relief and flexibility to allow for expedited 
approval and construction of such projects. The provision does 
not authorize relief from statutory requirements, but does 
authorize the Secretary to provide relief from regulatory 
requirements provided that the project is not expected to have 
either a significant adverse impact on the environment or an 
adverse impact on safety. It is the intent of the Committee 
that the Secretary act promptly in response to requests for 
regulatory relief made pursuant to this section.

Sec. 1010. Construction of ferry boats and ferry terminal facilities

    This section modifies the formula factor percentages for 
the Ferry Boat Program. This section provides for the 
redistribution of allocated funds for the program that remain 
unobligated after three fiscal years following the fiscal year 
the amounts were allocated. This section provides a minimum 
allocation to each State of $100,000 in a fiscal year. This 
section requires funds to be allocated based on the most recent 
data available in the National Ferry Database. This section 
authorizes the program at $75,000,000 for each of fiscal years 
2016 through 2021.

Sec. 1011. Highway safety improvement program

    This section restricts the use of the Highway Safety 
Improvement Program funds so that they may only be used on 
safety infrastructure projects, not behavioral safety projects. 
This section adds new eligibilities under the program including 
installation of vehicle-to-infrastructure communication 
equipment, pedestrian hybrid beacons, and median and pedestrian 
crossing islands. This section modifies the high-risk rural 
road safety special rule to specify that a State must actually 
show progress in reducing fatalities on such facilities. In 
achieving the purpose of the Highway Safety Improvement 
Program, States should consider cost-efficiency when evaluating 
which infrastructure-related highway safety improvements to 
utilize, without sacrificing the productivity of the 
improvement.

Sec. 1012. Data collection on unpaved public roads

    This section provides States flexibility with respect to 
MAP-21 data collection requirements on unpaved public roads. 
The flexibility under this section is based on unpaved roads 
and fatality data. This section provides that a State may not 
use Highway Safety Improvement Program funds on any unpaved 
road for which data has not been collected.

Sec. 1013. Congestion mitigation and air quality improvement (CMAQ) 
        program

    Additionally, the section provides an exemption from the 
requirement that some CMAQ funds be set aside in cases of PM-
2.5 non-attainment or maintenance status in an area in States 
with a population density of less than 80 persons per square 
mile. The Committee became aware of circumstances where rural 
counties or areas are in or could fall into nonattainment for 
PM-2.5 largely due to non-transportation sources, such as wood 
smoke from stoves used for heating, from road dust, or from 
dust or particulates at mines or energy facilities. The CMAQ 
funds set aside in these cases could not be used to address the 
non-transportation source of the PM-2.5 and could not be used 
for priority transportation purposes, either. This section 
improves the effectiveness of the Federal-aid highway program 
without undercutting the purpose of the PM-2.5 set aside, which 
is to address PM-2.5 nonattainment driven by motor vehicle 
emissions. Under this exemption, the PM-2.5 set aside would not 
apply with respect to a non-attainment or maintenance area in a 
low population density State when the regional motor vehicle 
emissions are an insignificant contributor to the PM-2.5 air 
quality problem in that nonattainment or maintenance area, and 
where the area in nonattainment or maintenance for PM-2.5 does 
not have projects in the applicable STIP that are part of the 
emissions analysis for a metropolitan transportation plan or 
improvement program. The absence of transportation control 
measures for a nonattainment or maintenance area specifically 
for PM-2.5 would be one way that the Secretary could find that 
motor vehicle emissions are an insignificant contributor to the 
PM-2.5 air quality problem. In such nonattainment or 
maintenance areas, States will receive a proportionate 
reduction in the amount of funds set aside for PM2.5 emissions 
reduction projects. The section also modifies the PM-2.5 set 
aside and priority use of funding for projects that reduce 
emissions of fine particulate matter to clarify that such funds 
must be utilized for cost-effective projects that reduce direct 
emissions of PM2.5. This is to ensure that States are 
maximizing the reduction of PM2.5 emissions and associated 
public health impacts, consistent with the priority set-aside 
established in MAP-21.
    The section expands the eligibility to allow for the 
utilization of CMAQ funds for diesel retrofits for projects 
funded under both title 23 and chapter 53 of title 49, United 
States Code. The section also offers States flexibility to 
utilize funds set aside for the reduction of PM2.5 emissions 
for certain eligible port-related and other surface 
transportation projects.

Sec. 1014. National freight program

    This section establishes dedicated funding for a new, 
focused freight program for States to fund projects that 
enhance regional and national freight movement. This section 
amends 23 U.S.C. 167 in the following ways.
    Subsection (a) sets forth the policy of the United States 
to improve the national highway freight network, recognizing 
that it is the foundation for the nation's economy and the key 
to the nation's ability to compete in the global economy. This 
subsection also establishes the national freight program in 
accordance with the policy stipulated above and to achieve the 
goals articulated in subsection (b), below.
    Subsection (b) outlines the goals of the national freight 
program.
    Subsection (c) establishes the national highway freight 
network, which consists of the primary highway freight system, 
critical rural freight corridors, critical urban freight 
corridors, and all Interstate System routes (including future 
designated routes).
    Subsection (d) articulates how the primary highway freight 
system is to be designated and redesignated. The initial 
designation of the primary highway freight system will be the 
network designated by the Secretary under section 167 of title 
23, United States Code, as in existence the day before the date 
of enactment of the DRIVE Act, plus all NHS freight intermodal 
connectors. This subsection requires the Secretary to 
redesignate the primary highway freight system 1 year after 
enactment of this Act and every 5 years thereafter using 
particular factors, mileage limitations, and input from States 
and State freight advisory committees. This section provides 
that States may increase the number of miles on the primary 
highway freight system, but by no more than 10 percent of the 
miles already designated in that State and no later than 1 year 
after each redesignation conducted by the Secretary based on 
particular criteria provided in this section and that the State 
shall consider nominations from MPOs within the State of 
additional miles they would like to have designated. This 
subsection strikes the network connectivity requirement 
originally included in the designation factors for the primary 
freight network under section 167 of title 23, United States 
Code, as in existence the day before the date of enactment of 
the DRIVE Act, to indicate the intent of the Committee that the 
primary highway freight system does not need to represent a 
connected network, but should instead recognize those 
facilities that the best available data indicates are the most 
critical facilities to moving goods into, out of, and through 
the nation.
    Subsection (e) provides that a State may designate certain 
routes as critical rural freight corridors if those routes meet 
certain criteria relating to truck volume, access to energy or 
agricultural facilities, connectivity to other freight 
facilities, or other facilities the State believes to be 
important to improving the efficient movement of goods. 
Subsection (f) is a parallel provision to subsection (e) and 
provides that States and large metropolitan planning 
organizations may designate certain routes as critical urban 
freight corridors. Subsection (g) provides that a State or 
metropolitan planning organization making a designation under 
subsections (e) or (f) may do so on a rolling basis and, if 
making such a designation, must certify that the facilities 
meet the requirements of the applicable subsections.
    Subsections (h) and (i) pertain to the national freight 
strategic plan and the highway freight transportation 
conditions and performance reports enacted under MAP-21. 
Subsection (h) provides that the Secretary must develop and 
publish a National Freight Strategic Plan no later than 3 years 
after the date of enactment of the DRIVE Act. Subsection (i) 
requires the Secretary to submit a report to Congress no later 
than 2 years after the date of enactment of the DRIVE Act that 
describes the condition and performance of the national highway 
freight network.
    Subsection (j) requires the Secretary to develop and 
implement freight related transportation investment data and 
planning tools no later than 1 year of the date of enactment of 
the DRIVE Act. In order for States and MPOs to carry out 
freight-related performance management analyses necessary to 
meet the performance-based planning and programming structure 
created under MAP-21, States and MPOs should use the latest, 
most advanced, reliable, and transparent national data set of 
average travel times.
    Subsection (k) dictates how funds apportioned under this 
program shall be used. It provides that States with less than 3 
percent in the ratio that the total mileage of the State on the 
primary highway freight system bears to the total mileage of 
the primary highway freight system in all States may use their 
freight formula funds for projects on any component of the 
national highway freight network. States with a ratio of 3 
percent or greater may use their freight formula funds for 
projects on the primary highway freight system, critical rural 
freight corridors, or critical urban freight corridors. This 
subsection reinforces the requirement that a State establish 
freight advisory committees and develop State freight plans by 
providing that, if a State does not establish both within two 
years of enactment of the DRIVE Act, from that point a State 
may not obligate freight formula funds until the State has met 
those two requirements. This subsection also limits a State 
from spending more than 10 percent of their freight funds on 
intermodal freight projects.
    Subsection (l) requires States to submit a freight 
performance improvement plan if the States has not met or made 
significant progress toward meeting freight performance targets 
under section 150 of title 23, United States Code.
    Subsection (m) requires the Secretary to submit a report to 
Congress evaluating the effect of the 10 percent intermodal use 
limitation under subsection (k).
    Subsections (n) and (o) codify the State freight advisory 
committee and State freight plan language in MAP-21 sections 
1116 and 1117, respectively.
    Subsection (p) defines intelligent freight transportation 
systems and describes the location and operating standards for 
such systems.

Sec. 1015. Assistance for major projects program

    This section requires the Administrator of the Federal 
Highway Administration (``Administrator'') to establish a 
program to fund major surface transportation projects that will 
have a significant impact on a region or the nation. This 
section provides that eligible applicants under this program 
may be a State, local government, tribal government, a transit 
agency, a special purpose district or a public authority with a 
transportation function, a port authority, a political 
subdivision of a State or local government, a Federal land 
management agency, or multiple States or eligible entities. 
This section provides that projects eligible under this program 
may be projects eligible under title 23 or chapter 53 of title 
49, United States Code, except that such projects must meet 
particular eligible project costs estimates. This section 
provides that a grant provided under this program must be at 
least $50,000,000, except that projects selected in rural areas 
or rural States may receive smaller grants. No less than 20 
percent of the amount available to carry out the program in a 
given fiscal year must be awarded to rural areas or rural 
States. This section limits the percentage of funds in a fiscal 
year that may be used on multimodal freight projects or transit 
projects to 20 percent or less. This section limits the funds 
granted in a fiscal year to no more than 20 percent for a 
project in a single State. This section provides that the 
Administrator may use amounts awarded toward subsidy or 
administrative costs needed to provide a TIFIA loan for the 
same project for which the grant award was provided. This 
section requires project sponsors to evaluate system 
performance for projects awarded grants under this section at 
each of 5, 10, and 20 year intervals after the project is 
completed. This section requires the Administrator to conduct a 
national solicitation for eligible projects. This section 
provides that once the Administrator has received project 
applications, the Administrator must submit a list of projects 
that meet the requirements of this section by January 1 of each 
year to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives, except that the submitted list 
must equal a total requested grant amount of at least 2 times, 
but not more than 4 times, the authorization level for the 
program in each fiscal year. This section provides that not 
later than 90 days after receiving the list of projects from 
the Administrator, each Committee must select projects to be 
funded by adopting a resolution. This section requires adoption 
of a congressional joint resolution to approve the award of 
projects selected by the committees. This section provides that 
if a congressional joint resolution is not adopted within 90 
days after the date on which the first Committee adopts a 
resolution selecting projects, or if neither Committee acts, 
then the Administrator shall select projects and grant awards 
within 90 days.
    The Assistance for Major Projects Program (AMPP) will 
facilitate the construction of infrastructure projects that are 
difficult to complete solely using existing Federal, State, 
local, and private funds. Among other purposes, projects 
supported by AMPP will reduce congestion and the impacts of 
congestion, generate national and regional economic benefits, 
facilitate the efficient movement of freight, and improve 
roadways that are vital to national energy security. With this 
new program, the Committee emphasizes the importance of 
addressing transportation impediments which significantly slow 
interstate commerce. Across the country there are significant 
bottlenecks that could benefit from this program, which would 
provide substantial grant funding for infrastructure projects. 
Examples of such mega-projects include the I-10 Mobile River 
Bridge Project in Alabama, the I-75/I-71 Brent Spence Bridge 
Corridor Project in Ohio and Kentucky, the Arlington Memorial 
Bridge between Virginia and the District of Columbia, the I-
635E reconstruction in Texas, and the I-5 Columbia River 
Crossing between Washington State and Oregon.

Sec. 1016. Transportation alternatives

    This section provides $850,000,000 for the Transportation 
Alternatives program each fiscal year. This section provides 
that each State will receive a proportion of the funds 
authorized for the program in the ratio of the amount 
apportioned to the State for the Transportation Enhancements 
program in fiscal year 2009 as it bears to the total amount of 
funds apportioned to all States for the Transportation 
Enhancements program in fiscal year 2009. This section provides 
that all of the funds provided to a State under this section 
must be suballocated to areas based on their relative share of 
the total State population. This section clarifies that a 
metropolitan planning organization may further suballocate 
funds within the boundaries of the metropolitan planning area 
if a competitive process is used to make the award. This 
section requires States or metropolitan planning organizations 
to submit an annual report to the Secretary describing the 
number of applications received in each fiscal year and the 
number of projects selected each fiscal year under this 
section. This section requires the Secretary to develop 
regulations or guidance regarding implementation of this 
section that encourages productive and timely expenditure for 
projects.

Sec. 1017. Consolidation of programs

    This section continues funding through fiscal year 2021 for 
safety clearinghouses and public service programs that have 
received funding since SAFETEA-LU.

Sec. 1018. State flexibility for National Highway System modifications

    This section requires the Secretary to issue guidance 
within 90 days of enactment of the DRIVE Act for States 
requesting assistance from the Federal Highway Administration 
to review roads classified as principal arterials of the 
National Highway System as of October 1, 2012, and identify any 
necessary functional classification changes to rural and urban 
principal arterials. This section requires the Department to 
act expeditiously in the review and reclassification of such 
arterials and assist with the removal of reclassified roads if 
the inclusion of the road on the National Highway System is not 
consistent with the needs and priorities of the community or 
region in which the reclassified road is located. This section 
requires the Secretary to review the National Highway System 
modification process and make any necessary regulatory changes 
to ensure that a State may modify or withdraw a road from the 
National Highway System. This section requires the Department 
to submit a report to the Committee on Environment and Public 
Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives within 1 year of 
enactment of the DRIVE Act, and every year thereafter, that 
provides the status of any requests made by a State for the 
reclassification of a road on the National Highway System. This 
section provides clarifications to section 103 of title 23, 
United States Code, regarding the withdrawal of a road on the 
National Highway System.

Sec. 1019. Toll roads, bridges, tunnels, and ferries

    This section makes technical changes to clarify existing 
State tolling authorities related to the calculation of High 
Occupancy Vehicle (HOV) lanes with respect to tolled and toll-
free lanes. The section also requires that private buses 
serving the public be given access to toll facilities on the 
same terms as public buses.

Sec. 1020. HOV facilities

    This section makes modifications to consolidate and align 
authorities and requirements related to establishment and 
conversion of High Occupancy Vehicle (HOV) and High Occupancy 
Toll (HOT) lanes. It also updates and modernizes the definition 
of low-emission and energy-efficient vehicles that States may 
designate as exempt from tolls, eligible for reduced toll 
rates, or exempt from HOV requirements. Finally, the section 
institutes a more structured procedure that public entities 
must follow to address degraded performance of an HOV facility.

Sec. 1021. Interstate System Reconstruction and Rehabilitation Pilot 
        Program

    This section would continue the Interstate System 
Reconstruction and Rehabilitation Pilot Program (ISRRPP)--
created in 1998 as part of the Transportation Equity Act for 
the 21st Century. The purpose of the ISRRPP is to provide a 
limited number of States with the ability to pursue tolling 
portions of their Interstate System highways for the purpose of 
reconstruction and rehabilitation of those assets.
    In addition to continuing the program, This section makes 
modifications to the existing Interstate System Reconstruction 
and Rehabilitation Pilot Program (ISRRPP) to streamline the 
application process, reduce Administrative discretion in 
approval of applications, and create greater certainty for 
States seeking to utilize the opportunities offered by the 
program for the reconstruction and rehabilitation of Interstate 
highways, consistent with the overall goal of expediting 
efforts to reconstruct or rehabilitate America's Interstate 
highways. These modifications would streamline the process for 
approval and implementation of the pilot program--allowing 
States to move forward once they have met the requirements and 
are ready to do so.
    There are currently three slots in the ISRRPP and this 
section maintains that number. At this time, the three slots 
are currently occupied. Missouri received conditional 
provisional approval from the U. S. Federal Highway 
Administration on July 26, 2005; Virginia on September 14, 
2011; and North Carolina on February 17, 2012. In each case, 
various local factors have prevented the State from advancing 
its pilot past the point of receiving FHWA's conditional 
provisional approval. Because the three slots are currently 
occupied and even though there has been no movement on their 
respective projects, no other State that may wish to 
participate can have access to the program.
    The section requires that a State that wishes to 
participate in the program submit a detailed application that 
includes, among other things, including an analysis 
demonstrating that the facility has a significant age, 
condition, or intensity of use, and an analysis showing how the 
State plan for implementing tolls on the facility takes into 
account the interests and use of local, regional, and 
interstate travelers. The application process provides an 
opportunity for public input on pilot program proposals. In 
addition, the section creates a mechanism for the U. S. 
Transportation Secretary to cancel a State's participation in 
the ISRRPP if the State has not made demonstrable progress 
within a specified period of time, as well as for a State to 
voluntarily withdraw from the pilot.

Sec. 1022. Emergency relief for Federally owned roads

    This section clarifies that the Emergency Relief program 
may be utilized for eligible projects located on tribal 
transportation facilities, Federal lands transportation 
facilities, or other Federally owned roads open to public 
travel. This section provides a definition for roads open to 
public travel.

Sec. 1023. Bridges requiring closure or load restrictions

    This section ensures continued safety of the traveling 
public by providing the Secretary authority for circumstances 
when a State, Federal agency, or tribal government fails to 
properly close or to restrict loads on a bridge that is open to 
public travel. Under this section, the Federal agency, or 
tribal government is responsible for ensuring proper closure or 
load restriction of bridges under its jurisdiction, and the 
State is responsible for all other bridges within its 
boundaries. This section provides that the Secretary must 
require a State, Federal agency, or tribal government to close 
such a bridge within 48 hours or restrict loads on it within 30 
days. This section provides that failure of a State to do so 
could result in the Secretary withholding approval for Federal-
aid projects in the State. This section provides that failure 
by a Federal agency or tribal government to close such a bridge 
or restrict loads could result in the Secretary withholding 
title 23 funding available to such Federal agency or Tribe.

Sec. 1024. National electric vehicle charging and natural gas fueling 
        corridors

    This section requires the Secretary to designate electric 
vehicle charging and natural gas fueling corridors across the 
nation to identify the needs and most vital locations for such 
fueling and charging infrastructure. This section requires the 
Secretary to solicit nominations for such corridors and involve 
stakeholders in the designation process. This section requires 
the Secretary to redesignate and update the designated 
corridors every 5 years. This section requires the Secretary to 
issue a report after each designation and redesignation of the 
corridors.

Sec. 1025. Asset management

    This section modifies the term used to describe the 
condition of a bridge in need of repair from ``structurally 
deficient'' to ``being in poor condition'' for consistency with 
the performance management process.

Sec. 1026. Tribal transportation program amendment

    This section decreases the program management and oversight 
and project-related administrative expenses related to the 
tribal transportation program from 6 percent to 5 percent. This 
section increases the set-aside for high-priority tribal 
bridges from 2 percent to 3 percent.

Sec. 1027. Nationally significant Federal lands and tribal projects 
        program

    This section requires the Secretary to establish a program 
to provide funding to construct, reconstruct, or rehabilitate 
nationally significant Federal lands and tribal transportation 
projects. This section provides that eligible applicants for 
this program include entities eligible for funding under 
sections 201, 202, 203, and 204 of title 23, United States 
Code. This section provides that eligible projects under this 
program must be a single, continuous project on a Federal lands 
transportation facility, a Federal lands access transportation 
facility, or a tribal transportation facility. This section 
further provides that the National Environmental Policy Act 
process must have been completed for such projects and that 
those projects must meet certain estimated costs described in 
this section. This section provides that activities related to 
project design are not eligible under this program. This 
section provides that the Secretary must consider certain 
factors when selecting projects. This section provides that the 
Federal share for projects funded under this program is 95 
percent.

Sec. 1028. Federal lands programmatic activities

    This section provides technical changes regarding Federal 
lands programmatic activities. This section clarifies that the 
Indian Self-Determination and Education Assistance Act applies 
to data collection required to implement the tribal 
transportation program, rather than data collection required to 
implement the Federal Lands Transportation Program (FLTP) and 
Federal Lands Access Program(FLAP). This section adds a new 
eligibility for cooperative research and technology deployment 
between the Department and appropriate Federal land management 
agencies. This section clarifies that the 5 percent takedown 
from the FLTP and FLAP, data collection, bridge inspections, 
and asset management activities may only be used for Federal 
lands transportation facilities, Federal lands access 
transportation facilities, and other Federally-owned roads open 
to public travel. This section also allows such funds to be 
used for bridge inspections on any Federally-owned bridge, even 
if such bridge is not included on the FLTP inventory, and for 
transportation planning activities undertaken by any Federal 
land management agency eligible for funding under chapter 2 of 
title 23, United States Code.

Sec. 1029. Federal lands transportation program

    This section makes technical changes to allow for effective 
implementation of the Federal lands transportation program. 
This section makes capital transit projects eligible for funds 
under this program. This section provides that before the 
Secretary provides funding to eligible agencies, the award 
should also be coordinated with the transportation plan of the 
Bureau of Reclamation and independent Federal agencies with 
natural resource and land management responsibilities.

Sec. 1030. Innovative project delivery

    This section provides that the Federal share payable 
increase of up to 100 percent for innovative projects includes 
those projects that contain innovative engineering, design 
approaches, or project delivery methods. The intent of this is 
to incentivize the use of an innovative design for a facility 
such as an interchange, or an engineering method such as a 
newly developed pavement material that will extend the service 
life of a facility. This section also provides that examples of 
such projects include those that use innovative procurement 
procedures such as alternative design or alternative bid, in 
which two or more designs or bid items are presented for the 
same project in order to foster competition, innovation, and 
cost savings.

              SUBTITLE B--ACCELERATION OF PROJECT DELIVERY

Sec. 1101. Categorical exclusion for projects of limited Federal 
        assistance

    This section provides for an inflationary adjustment to the 
categorical exclusion for projects of limited Federal 
assistance, by amending MAP-21 section 1317 where this 
categorical exclusion was originally enacted. This section 
inflates the $5 million and $30 million figures from MAP-21 
section 1317 by the Consumer Price Index between July 1, 2012 
and October 1, 2015, and annually thereafter.

Sec. 1102. Programmatic agreement template

    MAP-21 provided the Secretary the authority to enter into 
programmatic agreements with States under which a State can 
make categorical exclusion determinations on projects. This 
section modifies this new authority by directing the Secretary 
to create a standard template of a programmatic agreement that 
can voluntarily be used by States, in a manner that fits the 
unique needs and circumstances of that State.

Sec. 1103. Agency coordination

    This section amends section 139(c)(6) of title 23, United 
States Code, to require that participating agencies engaging in 
the environmental review process provide comments, responses, 
studies, or methodologies on those areas within the special 
expertise or jurisdiction of the participating agency.

Sec. 1104. Initiation of environmental review process

    This section amends section 139 of title 23, United States 
Code, to allow a project sponsor to initiate the environmental 
review process when innovative or nontraditional financing 
sources, such as a Transportation Infrastructure Finance and 
Innovation Act loan, are the potential funding source for the 
project. This section gives a project sponsor the statutory 
authority to request a specific operating administration or 
secretarial office within the Department to serve as the 
Federal lead agency for the project. This section encourages 
agencies to reduce duplication in the evaluation of 
alternatives during the National Environmental Policy Act and 
planning processes.

Sec. 1105. Improving collaboration for accelerated decision making

    This section requires the lead agency to establish a 
schedule for completion of the environmental process when an 
Environmental Assessment or Environmental Impact Statement is 
required. This section amends section 139 of title 23, United 
States Code to relate the time period for application of 
financial penalty provision against a Federal agency back to 
the benchmarks in the schedule for completion established by 
the lead agency and agreed-to by the participating agencies. If 
the participating agencies never agreed to the lead agency-
established schedule, than the 180-day schedule in current law 
would still govern the assessment of financial penalties.

Sec. 1106. Accelerated decisionmaking in environmental reviews

    MAP-21 section 1319 vested lead agencies with the authority 
to draft errata sheets providing minor technical edits to final 
environmental impact statements so that the lead agencies would 
not have to go through the procedural step of issuing a 
supplemental environmental impact statement to make such 
changes. MAP-21 section 1319 did not codify this authority 
within title 23, United States Code. This section codifies 
section 1319 of MAP-21 in title 23, United States Code.

Sec. 1107. Improving transparency in environmental reviews

    This section requires the Secretary of Transportation to 
establish an online platform to report project level status of 
the reviews, approvals, and permits required for compliance 
with NEPA or other Federal laws.

Sec. 1108. Integration of planning and environmental review

    This section reduces duplication between the transportation 
planning and the environmental review processes. This section 
will improve efficiency of project delivery by making it easier 
for documents prepared during the transportation planning 
process to be used during the environmental review process, 
consistent with National Environmental Policy Act.

Sec. 1109. Use of programmatic mitigation plans

    This section requires a Federal agency responsible for 
environmental reviews, permits, or approvals for a 
transportation project to consider any programmatic mitigation 
plans developed by a State or Metropolitan Planning 
Organization to address environmental impacts of future 
transportation projects.

Sec. 1110. Adoption of Departmental environmental documents

    This section allows an operating administration within the 
Department to adopt a draft Environmental Impact Statement, 
Final Environmental Impact Statement, Environmental Assessment 
or any other document issued under NEPA by another operating 
administration within the Department for a project if the 
project is substantially similar to the project for which the 
original document was developed.

Sec. 1111. Technical assistance for States

    This section requires the Secretary of Transportation to 
provide technical assistance to a requesting State when the 
State is assuming responsibility for categorical exclusion 
determinations under title 23, United States Code. This section 
extends the period for corrective action during the termination 
process after a State has assumed such responsibility and 
requires that the State have an opportunity to rectify 
implementation issues prior to final termination.

Sec. 1112. Surface transportation project delivery program

    This section extends the period for corrective action 
during the termination process after a State has assumed full 
National Environmental Policy Act responsibility from the 
Secretary. This section requires that the State have an 
opportunity to rectify implementation issues prior to final 
termination.

Sec. 1113. Categorical exclusions for multimodal projects

    This section expands the application of categorical 
exclusions for multimodal projects to all Departmental actions 
rather than only those funded under title 23or chapter 53 of 
title 49, United States Code.

Sec. 1114. Modernization of the environmental review process

    This section requires the Secretary to examine ways to 
modernize, simplify, and improve implementation of the National 
Environmental Policy Act process through a report to be 
submitted to the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives no later than 1 
year after the date of enactment of the DRIVE Act.

Sec. 1115. Service club, charitable association, or religious service 
        signs

    This section provides States the option of grandfathering 
existing service club, charitable association, or religious 
service signs with a size of 32 square feet or less. All future 
signs must meet the 8 square feet requirement in the Highway 
Beautification Act.

Sec. 1116. Satisfaction of requirements for certain historic sites

    This section aligns the section 4(f) and section 106 
processes to achieve efficiency in reviews for historic sites 
while continuing to provide important protection for cultural 
resources including mitigating potential impacts. This section 
would require the Department of Transportation to work with the 
Department of the Interior and the Advisory Council on Historic 
Preservation on ways to effectively implement this section and 
align section 4(f) and section 106 requirements.

Sec. 1117. Bridge exemption from consideration under certain provisions

    This section exempts a category of ordinary concrete and 
steel bridges constructed after 1945 from section 4(f) review.

Sec. 1118. Elimination of barriers to improve at-risk bridges

    This section provides a temporary authorization for the 
taking of nesting swallows when conducting a construction 
project on a bridge in serious condition. The temporary 
authorization would expire upon the issuance of a final rule by 
the Secretary of Interior that provides a process for such 
takes.

Sec. 1119. At-risk project preagreement authority

    This section allows a State or a subreceipient of Federal-
aid funds to incur preliminary engineering expenses before the 
State or subrecipient receives a project authorization. Such 
expenses would be at the risk of the State or subrecipient, but 
if the project is authorized, then the State or subrecipient 
could request reimbursement of such expenses from Federal 
funds.

                       SUBTITLE C--MISCELLANEOUS

Sec. 1201. Credits for untaxed transportation fuels

    This section allows States that collect revenue on vehicles 
that operate on fuels not taxed at the Federal level to use 
this revenue as a ``soft match'' to increase the Federal share 
on projects. This section requires the Secretary in 
coordination with appropriate Federal agencies to submit a 
report to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastructure 
of the House by September 30, 2023 that describes the most 
efficient and equitable means of taxing motor vehicle fuels not 
subject to a Federal tax.

Sec. 1202. Justification reports for access points on the Interstate 
        System

    This section amends section 111 of title 23, United States 
Code by providing a clarification regarding the type of 
projects covered by the justification report provision.

Sec. 1203. Exemptions

    This section amends section 127 of title 23, United States 
Code by providing certain exemptions to truck weight laws for 
natural gas vehicles, emergency vehicles, and a small segment 
in the State of Arkansas. This section allows natural gas 
vehicles to exceed any vehicle weight limit of up to 82,000. 
This section allows emergency vehicles to receive an exemption 
of up to 86,000 pounds. This section designates U. S. Route 63 
between the exits for highways 14 and 75 in Arkansas as part of 
the Interstate system.

Sec. 1204. High priority corridors on the national highway system

    This section amends section 1105 of the Intermodal Surface 
Transportation Efficiency Act by adding three new future 
Interstate designations along the Raleigh-Norfolk Corridor, 
Washoe County Corridor, and Intermountain West Corridor.

Sec. 1205. Repeat intoxicated driver law

    This section provides that State repeat intoxicated driver 
laws may be viewed in combination for purposes of meeting the 
requirements of section 164 of title 23, United States Code.

Sec. 1206. Vehicle-to-infrastructure equipment

    This section amends sections 119(d) and 113(b) of title 23, 
United States Code, by adding funding eligibilities for 
vehicle-to-infrastructure communication equipment under the 
National Highway Performance Program and the Surface 
Transportation Program.

Sec. 1207. Designated projects

    This section provides States the flexibility to repurpose 
earmarks older than 10 fiscal years that have been obligated 
less than 10 percent of the amount originally made available or 
with unexpended balances of funds for a project that has been 
closed. Congressional earmarks administered by the Federal 
Highway Administration that meet such criteria may be used for 
any Surface Transportation Program eligible purpose within 50 
miles of the original earmark designation, so long as it is 
within the State or territorial lines of the original earmark. 
The funds and associated obligation limitation shall remain 
available for obligation for 3 fiscal years. This section 
provides that the Federal share of the cost of the repurposed 
project shall be the same as that originally associated with 
the earmark.

Sec. 1208. Relinquishment

    This section allows a State transportation agency to 
relinquish park-and-ride lot facilities to a local government 
agency for highway purposes.

Sec. 1209. Transfer and sale of toll credits

    This section requires the Secretary to establish a pilot 
program to identify the feasibility of implementing toll credit 
marketplace. The Secretary may only select up to 10 States to 
participate in program, which allows States to transfer or sell 
toll credits pursuant to section 120(i) of title 23, United 
States Code. This section allows a recipient State to use a 
credit toward the non-Federal share requirement for any funds 
made available under title 23 or chapter 53 of title 49, United 
States Code. Under this section, an eligible State shall use 
the proceeds for any project eligible under STP. In addition, 
the Secretary is required to establish a nationwide toll credit 
monitoring and tracking system. This section requires that the 
Secretary submit a report to the Committee on Environment and 
Public Works of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives no later 
than 180 days after the date of establishment of the pilot 
program.

Sec. 1210. Regional infrastructure accelerator demonstration program

    This section establishes a regional infrastructure 
demonstration program to improve infrastructure priorities and 
financing strategies for the accelerated development of a 
project eligible for funding under the Transportation 
Infrastructure Finance and Innovation Act program. This section 
establishes regional infrastructure accelerators and authorizes 
the appropriation of $12 million from the general fund to 
support the program. This section requires the Secretary to 
submit an annual report to Congress on the effectiveness of the 
program.

                  TITLE II--TRANSPORTATION INNOVATION


                          SUBTITLE A--RESEARCH

Sec. 2001. Research, technology, and education

    This section adds to the existing highway research and 
development eligibilities to include new and innovative bridge 
inspection technologies under the infrastructure integrity 
component of the program. The section also continues the 
emphasis established under MAP-21 regarding the deployment of 
new innovative transportation research activities. This section 
does so by establishing a more structured and transparent 
process under which the Department makes grants and enters into 
cooperative agreements and contracts with eligible entities 
outside of the Department of Transportation in order to 
accelerate the deployment and adoption by stakeholders of 
innovative technologies under the Technology and Innovation 
Deployment Program. This section requires that at least 50 
percent of the funds authorized to carry out the Technology and 
Innovation Deployment Program be distributed to such eligible 
entities. The section also extends the authorization for the 
Accelerated Implementation and Deployment of Pavement 
Technologies program.

Sec. 2002. Intelligent Transportation Systems

    This section establishes a competitive grant component 
under the Intelligent Transportation Systems (ITS) program to 
accelerate the deployment, operation, systems management, 
intermodal integration, and interoperability of ITS. This 
component should enable grant recipients to deploy ITS 
strategies, such as integrated corridor management activities 
and autonomous vehicle, vehicle-to-vehicle, and vehicle-to-
infrastructure communication technologies. The Federal share 
for grants awarded under this section shall not exceed 50 
percent of the cost of the project, as the intent of the 
deployment program is to provide an incentive for State and 
local governments to invest in cost-effective ITS projects 
while ensuring that the grant recipient is invested in the 
project as well. This section provides that funding for the 
deployment program shall be not less than $30 million per year, 
out of funds otherwise authorized for ITS activities under 
sections 512 through 518 of title 23, United States Code. The 
section also provides minor technical amendments to the goals 
and purposes of the ITS program and to more properly align the 
due date of the ITS Advisory Committee Report to Congress with 
the current cycle of Advisory Board meetings.

Sec. 2003. Future interstate study

    This section provides funding for the Secretary to enter 
into an agreement with the Transportation Research Board of the 
National Academies to conduct a study on the actions needed to 
upgrade and restore the Interstate System in order to ensure 
that it meets the growing and shifting demands of the 21st 
century and the next 50 years. This section requires the 
Transportation Research Board to submit a report to the 
Secretary, the Committee on Environment and Public Works of the 
Senate, and the Committee on Transportation and Infrastructure 
of the House of Representatives no later than 3 years after the 
date of enactment of the DRIVE Act

Sec. 2004. Researching surface transportation system funding 
        alternatives

    This section provides funding for the research of user-
based alternative revenue mechanisms that preserve a user fee 
structure to maintain the long-term solvency of the Highway 
Trust Fund. The funds authorized under this section shall be 
provided through grants to individual States, groups of States, 
or other appropriate entities such as local governments, to 
conduct research into user-based alternative revenue 
mechanisms. The intent of this section is to provide funding so 
that informative research can be generated through pilot 
programs or other research conducted across a broad and diverse 
cross-section of the country to test such revenue mechanisms. 
This section requires the Secretaries of Transportation and 
Treasury, acting jointly, to submit a report to the Committee 
on Finance and the Committee on Environment and Public Works of 
the Senate and the Committee on Ways and Means and the 
Committee on Transportation and Infrastructure of the House of 
Representatives on competition of the research activities under 
this section.

                            SUBTITLE B--DATA

Sec. 2101. Tribal data collection

    This section requires entities carrying out a project under 
the Tribal Transportation Program to collect and submit project 
level data to the Secretaries of Transportation and Interior. 
In order for tribes and Congress to more accurately assess 
future tribal transportation needs and policy, data collection 
on current and ongoing projects is needed. With more data, 
tribes and Congress can examine how tribal transportation funds 
are being used and more accurately assess future needs and 
priorities.

Sec. 2102. Performance management data support program

    This section provides a funding source for the Federal 
Highway Administration to develop, use, and maintain data sets 
and data analysis tools to assist Metropolitan Planning 
Organizations (MPO) and States in carrying out performance 
management analyses. A national-level program would provide an 
advanced level of capacity for decision-making to guide 
investments and policy efforts. The ability to have such 
advanced capacity for decision-making could lead to significant 
cost savings to States, MPOs, and others by using data and 
analytics to define an optimal transportation system and assist 
in targeting operational and capital investments strategically, 
and implement policies effectively.

              SUBTITLE C--TRANSPARENCY AND BEST PRACTICES

Sec. 2201. Every Day Counts initiative

    This section establishes in Federal law the Federal Highway 
Administration's Every Day Counts initiative, which is a State-
based model that utilizes innovative practices to shorten the 
project delivery process, enhance roadway safety, reduce 
congestion, and environmental sustainability.

Sec. 2202. Department of Transportation performance measures

    This section requires the Secretary to measure and report 
to Congress on progress and achievements made by the Department 
with respect to the performance management requirements 
established under MAP-21. It also requires the Department's 
Inspector General to submit a report to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives no later than 3 years after the date of 
enactment of the DRIVE Act on the results of the evaluation 
conducted by the Department.

Sec. 2203. Grant program for achievement in transportation for 
        performance and innovation

    This section authorizes a grant program, funded with 
General Fund appropriations, to incentivize and award high-
performing States, Metropolitan Planning Organizations, local 
governments, and tribal governments in the areas of performance 
management, innovation, and efficiencies in surface 
transportation. The program would reward such entities by 
providing grants which could be used for projects eligible 
under title 23 or chapter 53 of title 49, United States Code.

Sec. 2204. Highway trust fund transparency and accountability

    This section will increase transparency regarding the way 
in which the Federal Highway Administration utilizes Federal-
aid highway funding for administrative expenses by requiring 
the Federal Highway Administration to report elemental project 
level data by fiscal year.

Sec. 2205. Report on highway trust fund administrative expenditures

    This section requires the Comptroller General to submit a 
report to Congress describing the use of administrative 
expenses by the Federal Highway Administration.

Sec. 2206. Availability of reports

    This section requires all reports submitted to Congress by 
DOT to also be posted on the DOT's website in order to increase 
transparency and oversight by Congress and the public.

Sec. 2207. Performance period adjustment

    This section will amend the timeframe for reporting by 
States and MPOs on the progress they have made to meet their 
performance targets. Under MAP-21, States and MPOs have two 
performance periods to meet the targets they set for themselves 
under each of the performance measures. This provision reduces 
these to one performance period.

Sec. 2208. Design standards

    This section amends section 109 of title 23, United States 
Code, in regards to design criteria for the National Highway 
System. It also adds two manuals for consideration by the 
Secretary when establishing design standard criteria. The 
section also provides flexibility to local jurisdictions to use 
a different roadway design guide than the State when the local 
jurisdiction owns the roadways on which the project is being 
undertaken.

TITLE III--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 
                            1998 AMENDMENTS


Sec. 3001. Transportation Infrastructure Finance and Innovation Act of 
        1998 Amendments

    Enacted as part of the 1998 Transportation Equity Act for 
the 21st Century (TEA-21), the Transportation Infrastructure 
Finance and Innovation Act (TIFIA) program provides Federal 
credit assistance to highway, transit and rail projects of 
national or regional significance. The purpose of the program 
is to leverage Federal funds by attracting substantial private 
or other non-Federal investment in critical surface 
transportation improvements.
    The TIFIA program provides direct loans, loan guarantees, 
and lines of credit to large and nationally or regionally 
significant highway, transit, railroad, intermodal freight and 
port access projects with a dedicated revenue stream at terms 
that are more favorable than those available in the private 
sector and that will leverage private and other non-Federal 
investment in transportation improvements. Eligible applicants 
include State departments of transportation, transit operators, 
special authorities, local governments, and private entities.
    MAP-21 greatly expanded the TIFIA program to help 
communities leverage their transportation resources and stretch 
Federal dollars further than they have been stretched before by 
increasing the funding for the oversubscribed TIFIA program 
from $122 million to $1 billion per year. MAP-21 also increased 
the maximum share of project costs that can be covered by a 
TIFIA loan from 33 percent to 49 percent, allowed TIFIA to be 
used to support a related set of projects, allowed upfront 
commitments of future TIFIA program dollars through the use of 
master credit agreements, and set aside funding for projects in 
rural areas at more favorable terms.
    The DRIVE Act continues to build upon the success of the 
TIFIA program by making additional modifications to improve 
access to the program and expand leveraging opportunities.
    This section updates the TIFIA program to enable it to be 
better utilized by rural areas and more accessible for small 
projects. This is accomplished by using the leveraging ability 
of the program to support State infrastructure banks and 
allowing U. S. DOT to set-aside program funding for the 
explicit purpose of replacing the fees typically collected from 
TIFIA borrowers to pay for independent financial analysis and 
outside counsel for rural projects. This section also makes 
technical modifications to the TIFIA program and reinstates the 
ability of a State to capitalize their State infrastructure 
bank with their Federal-aid highway funds.

                    TITLE IV--TECHNICAL CORRECTIONS


Sec. 4001. Technical corrections

    This section makes technical corrections to titles 23 and 
49 of the United States Code, to the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for 
Users (SAFETEA-LU), and to Division E of MAP-21 (the 
Transportation Research and Innovative Technology Act of 2012). 
SAFETEA-LU established reciprocal easements in section 4407 
between the United States Forest Service and the State of 
Alaska. The technical amendment to this section cures a 
perceived defect and now will allow the exchange of all 
remaining reciprocal easements to continue. As soon as 
possible, the Committee intends the Secretary of Agriculture 
(Secretary) to prepare and deliver to the State of Alaska an 
easement for the construction and operation of each highway 
located in a transportation and utility corridor identified on 
Map 92337 where the State of Alaska has already secured all 
necessary Federal and State permits for the construction of 
each highway facility. The Secretary of Agriculture is 
encouraged to participate as a cooperating agency in the 
environmental analysis and permitting of the remaining State 
highways to be located in Map 92337's transportation and 
utility corridors linking the communities of Southeast Alaska. 
The Committee intends that the Secretary of Agriculture will 
not withhold or deny the issuance of an easement for a proposed 
transportation or utility project that otherwise has all 
necessary construction permits and authorizations from other 
State and Federal agencies.

                         TITLE V--MISCELLANEOUS


Sec. 5001. Appalachian development highway system

    This section extends the authorization for the Appalachian 
Development Highway System (ADHS). MAP-21 expressed the Sense 
of the Senate that ``the timely completion of the [ADHS] is a 
transportation priority in the national interest.'' The 
Committee continues to support this viewpoint. MAP-21 also 
provided that the Federal share for the cost of constructing 
highways and access roads on the ADHS ``shall be 100 percent'' 
through fiscal year 2021. This was intended to provide an 
incentive to complete the ADHS by allowing States within the 
ADHS to use Federal funds on ADHS projects without an 
accompanying State contribution. This section amends this 
Federal share language from MAP-21 by providing that the 
Federal share for the use of funds on the ADHS may be up to 100 
percent of the project cost, as determined by the State. This 
will allow a State to provide State and local funds to match 
Federal ADHS funding. The MAP-21 language prohibits a State 
from matching ADHS funds. As such, this revision was necessary 
in order to clarify that a State may, but is not required to, 
contribute State funds for ADHS projects. For a State that does 
not elect to contribute funds, the Federal share for the cost 
of constructing highways and access roads on the ADHS shall be 
100 percent.

Sec. 5002. Appalachian regional development program

    This section would authorize a high-speed broadband 
deployment initiative under which the Appalachian Regional 
Commission (ARC) may provide assistance to increase access to 
and support broadband adoption efforts in the Appalachian 
region. Funding for this new initiative would come from the 
annual funding authorization for the ARC. This section also 
reauthorizes funding for the ARC for each of fiscal years 2012 
through 2021 at the fiscal year 2012 authorized funding level. 
This section also extends the termination date for the ARC 
until October 1, 2021.

Sec. 5003. Water infrastructure finance and innovation

    This section strikes 33 USC 3907(a)(5), which limits any 
project receiving Federal credit assistance under the water 
infrastructure finance and innovation program from being 
financed with tax exempt bonds.

Sec. 5004. Administrative provisions to encourage pollinator habitat 
        and forage on transportation rights-of-way

    This section requires the Secretary to encourage States to 
use integrated vegetation management practices and to develop 
habitat for native pollinators in transportation rights-of-way.

Sec. 5005. Study on performance of bridges

    This section requires the Administrator of the Federal 
Highway Administration to commission a report by the 
Transportation Research Board to study the performance of 
bridges that received funding under the innovative bridge 
research and construction program.

          TITLE VI--EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS


Sec. 6001. Extension of Federal-aid highway programs

    This section extends Federal-aid highway programs from 
August 1, 2015 to September 30, 2015.

Sec. 6002. Administrative expenses

    This section provides an extension at current funding 
levels of administrative expenses for FHWA to September 30, 
2015.

                          Legislative History

    On June 23, 2015, Senator Inhofe, chairman of the Committee 
on Environment and Public Works, introduced S. 1647, the DRIVE 
Act. Senators Boxer, Vitter, and Carper were original 
cosponsors of the legislation. The bill was referred to the 
Senate Committee on Environment and Public Works.
    On June 24, 2015, the Senate Committee on Environment and 
Public Works conducted a business meeting to consider S. 1647. 
The bill, as amended, was favorably reported out of Committee 
by a unanimous vote of 20-0.

                                Hearings

    Since the passage of MAP-21 in 2012, the Committee has held 
eight hearings to conduct oversight on the implementation of 
MAP-21 and hear from stakeholders what priorities should be 
addressed in the reauthorization of MAP-21.
     7/24/2013 Full Committee Hearing: ``Oversight 
Hearing on Implementation of MAP-21's TIFIA Program 
Enhancements.''
     9/18/2013 Full Committee Hearing: ``Implementing 
MAP-21's Provisions to Accelerate Project Delivery.''
     9/25/2013 Full Committee Hearing: ``The Need to 
Invest in America's Infrastructure and Preserve Federal 
Transportation Funding.''
     2/12/2014 Full Committee Hearing: ``MAP-21 
Reauthorization: The Economic Importance of Maintaining Federal 
Investments in Our Transportation Infrastructure.''
     3/27/2014 Full Committee Hearing: ``MAP-21 
Reauthorization: State and Local Perspectives on Transportation 
Priorities and Funding.''
     1/28/2015 Full Committee Hearing: ``The Importance 
of MAP-21 Reauthorization: Federal and State Perspectives.''
     2/25/2015 Full Committee Hearing: ``The Importance 
of MAP-21 Reauthorization: Perspectives from Owners, Operators, 
and Users of the System.''
     6/1/2015 Subcommittee Hearing: Need to Invest 
Federal Funding to Relieve Traffic Congestion and Improve Our 
Roads and Bridges at the State and Local Level.''

                             Rollcall Votes

    On June 24, 2015 the Committee on Environment and Public 
Works met and considered S. 1647. The Committee adopted by a 
single voice vote an amendment to the bill that made technical 
changes to the text, along with a group of amendments, 
including modifications, which made modifications to the bill 
and were considered en bloc. The Committee on Environment and 
Public Works ordered S. 1647, as amended, reported favorably to 
the Senate by voice vote with a quorum present.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that the 
regulatory impact of S. 1647 is expected to be minimal. This 
will not directly regulate individuals or business and will not 
have any effect on the personal privacy of individuals.
    Other than current regulations and those regulations 
affecting the eligibility and use of funds provided in this 
bill, the provision having a regulatory impact of significance 
is section 1118.
    Section 1118 requires the Secretary of the Interior, in 
consultation with the Secretary of Transportation, to 
promulgate a regulation under the Migratory Bird Treaty Act (16 
U.S.C. 704) authorizing the take of nesting swallows to 
facilitate bridge repair, maintenance, or construction without 
individual permit requirements and under terms and conditions 
determined to be consistent with treaties relating to migratory 
birds that protect swallow species occurring in the United 
States.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee notes that the Congressional 
Budget Office found, ``S. 1647 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA).''
                                                     July 14, 2015.
Hon. Jim Inhofe,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1647, the Developing 
a Reliable and Innovative Vision for the Economy Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah Puro.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 1647--Developing a Reliable and Innovative Vision for the Economy 
        Act

    Summary: S. 1647 would extend the authority for the 
Department of Transportation (DOT) to operate the surface 
transportation programs administered by the Federal Highway 
Administration (FHWA) for six years and would authorize the 
appropriation of funds for certain other transportation 
programs. The legislation also would permit participants in a 
water infrastructure program administered by the Environmental 
Protection Agency (EPA) and the Army Corps of Engineers to 
issue tax-exempt bonds.
    CBO estimates that enacting the bill would increase 
contract authority (the authority to incur obligations in 
advance of appropriation acts) relative to CBO's baseline by 
$64 billion over the 2016-2025 period. Contract authority is a 
form of budget authority. S. 1647 would provide $292 billion in 
contract authority over the 2015-2021 period. (About $14 
billion of that amount would be for the remainder of 2015, and 
is consistent with the rate contained in CBO's baseline.) Those 
amounts have traditionally been controlled by provisions in 
appropriation acts that limit the amount of contract authority 
that may be obligated. (Those provisions are known as 
obligation limitations.)
    Enacting S. 1647 also would increase direct spending 
because it would authorize states to spend about $1.9 billion 
on highways that would otherwise not be spent. In addition, the 
staff of the Joint Committee on Taxation (JCT) estimate that 
enacting provisions of the bill that would affect tax-exempt 
bond issuances also would reduce revenues by $59 million over 
the 2016-2025 period. As a result, pay-as-you-go procedures 
apply.
    For this estimate, CBO assumes that most spending for 
highway programs funded from the Highway Trust Fund will 
continue to be controlled by obligation limitations set in 
appropriation acts. The bill would authorize obligation 
limitations totaling $274 billion over the 2016-2021 period. 
The bill also would authorize the appropriation of about $2 
billion for other programs administered by FHWA. Assuming 
appropriation of the estimated obligation limitations for 2016-
2021 and the other amounts specified in the legislation, CBO 
estimates that implementing the bill would cost $157 billion 
over the 2016-2020 period, and $256 billion over the 2016-2025 
period. Relative to the outlays for highway programs funded by 
the Highway Trust Fund currently projected in CBO's baseline, 
spending for those programs would be about $15 billion higher 
over the 2016-2025 period under S. 1647.
    CBO estimates that enacting the legislation would not 
increase on-budget deficits or net direct spending by at least 
$5 billion in at least one of the four consecutive 10 year 
periods beginning in 2026.
    S. 1647 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effects of S. 1647 are shown in the following table. 
The costs of this legislation fall within budget functions 400 
(transportation) and 300 (natural resources and the 
environment).
    Basis of estimate: For this estimate, CBO assumes that S. 
1647 will be enacted before the current authorization for 
surface transportation programs expires on July 31, 2015, that 
the authorized and necessary amounts will be provided each year 
in appropriation acts, and that outlays will follow the 
historical rate of spending for transportation programs.

Changes in direct spending

    Federal Aid Highways Contract Authority. S. 1647 would 
provide an increase in the amount of budget authority (in the 
form of contract authority) that is projected in CBO's baseline 
to be available for FHWA's programs over the 2016-2025 period. 
Only the cost of this incremental increase above the baseline 
is attributed to S. 1647. Because spending of the contract 
authority for FHWA programs is expected to be controlled by 
provisions in future appropriation acts, there would be no 
impact on direct spending expenditures from this provision.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             By fiscal year, in millions of dollars--
                                         ---------------------------------------------------------------------------------------------------------------
                                            2016     2017     2018     2019     2020     2021     2022     2023     2024     2025   2016-2020  2016-2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING
 
Federal Aid Highways Contract
 Authority:a
    Budget Authority....................    2,820    3,741    4,726    5,778    6,902    8,052    8,052    8,052    8,052    8,052     23,967     64,227
    Estimated Outlays...................        0        0        0        0        0        0        0        0        0        0          0          0
Designated Projects:
    Estimated Budget Authority..........        0        0        0        0        0        0        0        0        0        0          0          0
    Estimated Outlays...................      500      820      300      100       80       40       20       20        0        0      1,800      1,880
    Total Changes:
        Estimated Budget Authority......    2,820    3,741    4,726    5,778    6,902    8,052    8,052    8,052    8,052    8,052     23,967     64,227
            Estimated Outlays                 500      820      300      100       80       40       20       20        0        0      1,800      1,880
 
                                                                   CHANGES IN REVENUES
 
Estimated Revenues......................        *        *       -1       -2       -4       -6       -9      -11      -13      -15         -5        -59
 
                                        NET INCREASE IN THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES
 
Impact on Deficit.......................      500      820      301      102       84       46       29       31       13       15      1,805      1,939
 
                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Spending from the Highway Trust Fund:
    Obligation Limitation...............   43,077   43,997   44,982   46,034   47,157   48,308        0        0        0        0    225,247    273,555
    Estimated Outlays...................   10,769   28,661   35,746   38,705   41,333   43,187   32,292   13,216    6,112    3,786    155,214    253,806
Water Infrastructure Finance and
 Innovation:
    Authorization Level.................        0        0        0        0        0        0        0        0        0        0          0          0
    Estimated Outlays...................        7       19       29       37       30       12        5        4        2        1        122        146
Other Authorized Programs:
    Authorization Level.................      422      410      410      410      410      410        0        0        0        0      2,062      2,472
    Estimated Outlays...................       69      192      281      323      355      374      321      206      116       73      1,220      2,311
    Total Changes:
        Estimated Budgetary Resources...   43,499   44,407   45,392   46,444   47,568   48,718        0        0        0        0    227,310    276,028
        Estimated Outlays...............   10,845   28,872   36,056   39,065   41,718   43,573   32,617   13,426    6,230    3,860    156,556    256,263
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = Less than $500,000.
a S. 1647 also would provide about $14 billion in contract authority for highway programs for the remainder of fiscal year 2015. The Highway and
  Transportation Funding Act of 2015 (Public Law 114-21) provided about $27 billion in contract authority for programs funded by S. 1647 through July
  31, 2015. Thus, under S. 1647 total contract authority for 2015 would be about $41 billion. That amount is equal to the level of contract authority in
  CBO's baseline for 2015.

    Over the 2016-2021 period, S. 1647 would provide $278 
billion in contract authority for programs administered by 
FHWA. S. 1647 also would provide about $14 billion in contract 
authority for highway programs for the remainder of fiscal year 
2015. The Highway and Transportation Funding Act of 2015 
(Public Law 114-21) provided about $27 billion in contract 
authority for programs funded by S. 1647 through July 31, 2015. 
Together, total contract authority for the year would be about 
$41 billion. That amount is equal to the level in CBO's 
baseline for 2015.
    Consistent with the rules in the Balanced Budget and 
Emergency Deficit Control Act for constructing the baseline, 
CBO extends that contract authority provided by the bill for 
2021 ($49 billion), the last year of the authorization, at the 
same level in each of the following years. Using that 
assumption, CBO estimates that enacting the bill would result 
in baseline contract authority totaling about $474 billion over 
the 2016-2025 period. That funding level represents an increase 
in budget authority of $24 billion over the 2016-2020 period 
and $64 billion over the 2016-2025 period above the amounts of 
contract authority for highway programs currently projected in 
CBO's baseline.
    Designated Projects. Section 1207 would permit states with 
Congressionally designated projects that are more than ten 
years old and that have had less than 10 percent of their funds 
obligated to use remaining amounts for certain other highway 
projects within the state. Under current law, states not 
spending those funds on such designated projects are prohibited 
from spending those amounts on any other project. S. 1647 would 
give states the authority to use those funds on projects other 
than the designated project. Based on information from DOT, CBO 
estimates that about $2 billion of old contract authority would 
be used by states for other projects. CBO estimates that 
enacting the provision would cost $1.9 billion over the 2016-
2025 period.

Changes in revenues

    Two provisions in S. 1647 would affect tax-exempt 
financing. JCT estimates that, in total, those provisions would 
reduce federal revenues by $59 million over the 2016-2025 
period.
    JCT estimates that under section 5003, states would issue 
additional tax-exempt bonds for certain water projects. JCT 
estimates that the value of the additional tax-exempt bonds 
issued under S. 1647 would reduce federal revenues by $17 
million over the next 10 years.
    The Transportation Infrastructure Finance and Innovation 
Program (TIFIA) within DOT makes loans and loan guarantees. The 
Moving Ahead for Progress in the 21st Century (MAP-21) the most 
recent authorization for highway programs and the Surface 
Transportation Funding Act of 2015 provided $1 billion, 
annually, in budget authority for the program. However, MAP-21 
provided for a redistribution of those funds to other programs 
if certain obligation levels were not met. Based on the FHWA's 
notice of April 24, 2015, which redistributed $640 million from 
the TIFIA program to states for other projects, the CBO 
baseline for the TIFIA program in 2015, on an annualized basis, 
is now $360 million ($1 billion minus $640 million). Consistent 
with the rules in the Budget Control Act, CBO extends that 
program at the same level at which it is when the authorization 
expires. As a result, enacting S. 1647 would increase the 
authorization for TIFIA above CBO's baseline projections by 
$315 million, annually. Because TIFIA is designed to leverage 
new investments financed (at least in part) by additional tax-
exempt debt, JCT estimates that increasing the funds authorized 
for TIFIA would increase the issuance of tax-exempt bonds and 
would decrease federal revenues by $42 million over the next 10 
years.

Changes in spending subject to appropriation

    Assuming appropriation of the authorized and estimated 
amounts, CBO estimates that implementing S. 1647 would cost 
$157 billion over the 2016-2020 period. That amount includes 
spending from the Highway Trust Fund, as well as spending on 
other transportation projects and on certain water 
infrastructure projects.
    Highway Trust Fund Spending. For many years, the contract 
authority provided in transportation legislation has been 
controlled by limitations on obligations contained in annual 
appropriation acts. CBO expects that practice would continue 
over the 2016-2021 period under the provisions of S. 1647. The 
bill would authorize $274 billion for the obligation 
limitations for highway programs over the 2016-2021 period.
    CBO estimates that implementing the obligation limitations 
contained in S. 1647 would cost $155 billion over the 2016-2020 
period and $254 billion over the 2016-2025 period. In CBO's 
March 2015 Status of the Highway Trust Fund report, CBO 
projects cumulative shortfalls in the highway account of $52 
billion at the end of 2020 and $125 billion at the end of 
2025.\1\ Enacting the obligation limitations contained in S. 
1647 would increase by about $9 billion and $15 billion, 
respectively, those cumulative shortfalls, based on the 
assumption that obligation limitations for other programs 
funded from the highway account remain consistent with the 
levels contained in CBO's baseline. Combined with the roughly 
$2 billion in additional spending from the designated projects 
noted above, implementing S. 1647 would result in a cumulative 
shortfall in the Highway Trust Fund of about $142 billion in 
2025, about $17 billion more than what CBO estimates in the 
March 2015 baseline. The bill would not affect revenues 
credited to the fund. However, under CBO's baseline scenario 
and consistent with the scoring conventions for all 
appropriated programs, CBO expects that the pace of spending 
under S. 1647 would not be affected because of the shortfall in 
the Highway Trust Fund.
---------------------------------------------------------------------------
    \1\See Congressional Budget Office, Highway Trust Fund Accounts-
Baseline Projections, March 2015 Baseline. https://www.cbo.gov/
publication/43884
---------------------------------------------------------------------------
    Water Infrastructure Finance and Innovation. Under Title V 
of the Water Resources Reform and Development Act of 2014 
(WRRDA), $155 million is authorized to be appropriated over the 
2016-2019 period for the EPA and the Army Corps of Engineers to 
provide federal credit assistance in the form of direct loans 
or loan guarantees for eligible water infrastructure projects. 
Enacting section 5003 of S. 1647 would eliminate a provision in 
WRRDA that precludes states and other entities from obtaining 
any additional project financing to complete such water 
infrastructure projects by issuing tax-exempt bonds. That 
change would increase the demand for federal credit under this 
program, resulting in additional spending stemming from the 
appropriation levels authorized under WRRDA. CBO expects that 
this credit program would operate much like TIFIA and that the 
Corps and EPA would mostly offer direct federal loans. Based on 
historical spending rates and the anticipated demand for 
infrastructure loans under the terms of this bill, CBO 
estimates that implementing the program would cost $122 million 
over the 2016-2020 period.
    Other Authorized Programs. S. 1647 would authorize 
appropriations for several grant programs for highways. Those 
programs include:
           $150 million, annually, for grants to 
        nationally significant projects on federal or tribal 
        lands;
           $150 million, annually, for grants to state 
        and local governments to implement programs that 
        improve the performance and efficiency of surface 
        transportation networks;
           $110 million, annually, for projects in 
        Appalachia; and
           $12 million for a program to assist entities 
        in accelerating projects that are eligible for the 
        TIFIA loan program within DOT.
    In total, CBO estimates that implementing those provisions 
would cost $1.2 billion over the 2016-2020 period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in the 
following table.

     CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1647, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON JUNE 23, 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  By fiscal year, in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2015   2016   2017   2018   2019   2020   2021   2022   2023    2024    2025   2015-2020  2015-2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact....................      0    500    820    301    102     84     46     29      31      13      15    1,805       1,939
Memorandum:
    Changes in Outlays............................      0    500    820    300    100     80     40     20      20       0       0    1,800       1,880
    Changes in Revenues...........................      0      0      0     -1     -2     -4     -6     -9     -11     -13     -15       -5         -59
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long term deficit and net direct spending: CBO 
estimates that enacting the legislation would not increase on-
budget deficits or net direct spending by at least $5 billion 
in any of the four consecutive 10-year periods beginning in 
2026.
    Intergovernmental and private-sector impact: S. 1647 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Provisions in the bill that authorize 
assistance for transportation projects would benefit state, 
local, and tribal governments. Any costs to those entities 
would be incurred voluntarily as conditions of participating in 
voluntary federal programs.
    Estimate prepared by: Federal costs: Sarah Puro (for 
Department of Transportation) and Susanne Mehlman (for Water 
Infrastructure); Impact on state, local, and tribal 
governments: Melissa Merrell; Impact on the private sector: Amy 
Petz.
    Estimate approved by: Theresa Gullo, Assistant Director for 
Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


               Chapter 1 of Title 23, United States Code

Sec.
101.  Definitions and declaration of policy.
[151.  Repealed.]
151.  . National Electric Vehicle Charging and Natural Gas Fueling 
          Corridors.
      * * * * * * *
166.  HOV facilities.
167.  National freight program.
      * * * * * * *
170.  Funding flexibility for transportation emergencies.
171.  .Assistance for major projects program.

           *       *       *       *       *       *       *


Sec. 101. Definitions and declaration of policy

  (a) Definitions.--In this title, the following definitions 
apply:
          (1) Apportionment.--* * *

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *

                  (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)] 133(b)(14), 
                        328(a), and 329; or
                          (ii) reduce vehicle-caused wildlife 
                        mortality or to restore and maintain 
                        connectivity among terrestrial or 
                        aquatic habitats.

           *       *       *       *       *       *       *


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.]
                  (A) $456,000,000 for fiscal year 2016;
                  (B) $465,000,000 for fiscal year 2017;
                  (C) $474,000,000 for fiscal year 2018;
                  (D) $483,000,000 for fiscal year 2019;
                  (E) $492,000,000 for fiscal year 2020; and
                  (F) $501,000,000 for fiscal year 2021.

           *       *       *       *       *       *       *

  (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] the 
congestion mitigation and air quality improvement program, the 
national freight program, and to carry out section 134 as 
follows:
          (1) National highway performance program.--For the 
        national highway performance program, [63.7 percent] 65 
        percent of the amount remaining after distributing 
        amounts under [paragraphs (4) and (5)] paragraphs (4), 
        (5), and (6), and section 213 (a).
          (2) Surface transportation program.--For the surface 
        transportation program, [29.3 percent] 29 percent of 
        the amount remaining after distributing amounts under 
        [paragraphs (4) and (5)]. paragraphs (4), (5), and (6), 
        and section 213 (a).
          (3) Highway safety improvement program.--For the 
        highway safety improvement program, [7 percent] 6 
        percent of the amount remaining after distributing 
        amounts under [paragraphs (4) and (5)] paragraphs (4), 
        (5), and (6), and section 213 (a).
          (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)] remaining under subsection (c) after 
        making the set-asides in accordance with paragraph (5) 
        and section 213 (a) by the proportion that--
          (5) National freight program.--
                  (A) In general.--For the national freight 
                program under section 167, the Secretary shall 
                set aside from the amount determined for a 
                State under subsection (c) an amount determined 
                for the State under subparagraphs (B) and (C).
                  (B) Total amount.--The total amount set aside 
                for the national freight program for all States 
                shall be--
                          (i) $2,000,000,000 for fiscal year 
                        2016;
                          (ii) $2,100,000,000 for fiscal year 
                        2017;
                          (iii) $2,200,000,000 for fiscal year 
                        2018;
                          (iv) $2,300,000,000 for fiscal year 
                        2019;
                          (v) $2,400,000,000 for fiscal year 
                        2020; and
                          (vi) $2,500,000,000 for fiscal year 
                        2021.
                  (C) State share.--The Secretary shall 
                distribute among the States the total set-aside 
                amount for the national freight program under 
                subparagraph (B) so that each State receives an 
                amount equal to the proportion that--
                          (i) the total set-aside amount; bears 
                        to
                          (ii) the State total apportionments 
                        determined under subsection (c).
                          (i) the total apportionment 
                        determined under subsection (c) for a 
                        State; bears to
                          (ii) the total apportionments for all 
                        States.
                  (D) Metropolitan planning.--Of the amount set 
                aside under this paragraph for a State, the 
                Secretary shall use to carry out section 134 an 
                amount determined by multiplying the set-aside 
                amount by the proportion that--
                          (i) the amount apportioned to the 
                        State to carry out section 134 for 
                        fiscal year 2009; bears to
                          (ii) 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 MAP-21 (Public Law 112-
                        141; 126 Stat. 405).
          [(5)] (6) Metropolitan planning.--To carry out 
        section 134, an amount determined by multiplying the 
        amount [determined for the State under subsection (c)] 
        remaining under subsection (c) after making the set-
        asides in accordance with paragraph (5) and section 213 
        (a) 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.--* * *

           *       *       *       *       *       *       *

          (3) For fiscal years 2016 through 2021.--
                  (A) State share.--For each of fiscal years 
                2016 through 2021, 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, the national freight program 
                under section 167, the transportation 
                alternatives program under section 213, 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 2014; 
                                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.--For each of fiscal 
                years 2016 through 2021, on October 1, 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, the national freight program 
                under section 167, the transportation 
                alternatives program under section 213, 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)] 
                        paragraphs (5) (D) and (6) of 
                        subsection (b) 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)] 
                        paragraphs (5) (D) and (6) of 
                        subsection (b) 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.

           *       *       *       *       *       *       *


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 , 
                including any modification consisting of a 
                connector to a major intermodal terminal or the 
                withdrawal of a road from that 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] (ii)(I) enhances the 
                        national transportation characteristics 
                        of the National Highway System[.] ; or
                          (II) in the case of the withdrawal of 
                        a road, is reasonable and appropriate.

           *       *       *       *       *       *       *


Sec. 104. Apportionment

  (a) Administrative Expenses.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

  [(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.]
  (g) Highway Trust Fund Transparency and Accountability 
Report.--
          (1) Publicly available report.--Not later than 180 
        days after the date of enactment of the DRIVE Act and 
        quarterly thereafter, the Secretary shall compile data 
        in accordance with this subsection on the use of 
        Federal-aid highway program funds made available under 
        this title.
          (2) Requirements.--The Secretary shall ensure that 
        the reports required under this subsection are made 
        available in a user-friendly manner on the public 
        website of the Department of Transportation and can be 
        searched and downloaded by users of the website.
          (3) Contents of report.--
                  (A) Apportioned and allocated programs.--For 
                each fiscal year, the report shall include 
                comprehensive data for each program, organized 
                by State, that includes--
                          (i) the total amount of funds 
                        available for obligation, identifying 
                        the unobligated balance of funds 
                        available at the end of the preceding 
                        fiscal year and new funding available 
                        for the current fiscal year;
                          (ii) the total amount of funding 
                        obligated during the current fiscal 
                        year;
                          (iii) the remaining amount of funds 
                        available for obligation;
                          (iv) changes in the obligated, 
                        unexpended balance during the current 
                        fiscal year, including the obligated, 
                        unexpended balance at the end of the 
                        preceding fiscal year and current 
                        fiscal year expenditures; and
                          (v) the percentage of the total 
                        amount of obligations for the current 
                        fiscal year used for construction and 
                        the total amount obligated during the 
                        current fiscal year for rehabilitation.
                  (B) Project data.--To the maximum extent 
                practicable, the report shall include project-
                specific data, including data describing--
                          (i) the specific location of a 
                        project;
                          (ii) whether the project is located 
                        in an area of the State with a 
                        population of--
                                  (I) less than 5,000 
                                individuals;
                                  (II) 5,000 or more 
                                individuals but less than 
                                50,000 individuals; or
                                  (III) 50,000 or more 
                                individuals;
                          (iii) the total cost of the project;
                          (iv) the amount of Federal funding 
                        being used on the project;
                          (v) the 1 or more programs from which 
                        Federal funds are obligated on the 
                        project;
                          (vi) the type of improvement being 
                        made, such as categorizing the project 
                        as--
                                  (I) a road reconstruction 
                                project;
                                  (II) a new road construction 
                                project;
                                  (III) a new bridge 
                                construction project;
                                  (IV) a bridge rehabilitation 
                                project; or
                                  (V) a bridge replacement 
                                project; and
                          (vii) the ownership of the highway or 
                        bridge.
                  (C) Transfers between programs.--The report 
                shall include a description of the amount of 
                funds transferred between programs by each 
                State under section 126.

           *       *       *       *       *       *       *


Sec. 109. Standards

  (a) In General.--The Secretary shall ensure that the plans 
and specifications for each proposed highway project under this 
chapter provide for a facility that will--
          (1) adequately serve the existing and planned future 
        traffic of the highway in a manner that is conducive to 
        safety, durability, and economy of maintenance; and
          (2) be designed and constructed in accordance with 
        criteria best suited to accomplish the objectives 
        described in paragraph (1) and to conform to the 
        particular needs of each locality.
  (b) The geometric and construction standards to be adopted 
for the Interstate System shall be those approved by the 
Secretary in cooperation with the State transportation 
departments. Such standards, as applied to each actual 
construction project, shall be adequate to enable such project 
to accommodate the types and volumes of traffic anticipated for 
such project for the twenty-year period commencing on the date 
of approval by the Secretary, under section 106 of this title, 
of the plans, specifications, and estimates for actual 
construction of such project. Such standards shall in all cases 
provide for at least four lanes of traffic. The right-of-way 
width of the Interstate System shall be adequate to permit 
construction of projects on the Interstate System to such 
standards. The Secretary shall apply such standards uniformly 
throughout all the States.
  (c) Design Criteria for National Highway System.--
          (1) In general.--A design for new construction, 
        reconstruction, resurfacing (except for maintenance 
        resurfacing), restoration, or rehabilitation of a 
        highway on the National Highway System (other than a 
        highway also on the Interstate System) [may take into 
        account] shall consider, in addition to the criteria 
        described in subsection (a)--
                  (A) the constructed and natural environment 
                of the area;
                  (B) the environmental, scenic, aesthetic, 
                historic, community, and preservation impacts 
                of the activity; and
                  (C) [access for] access and safety for other 
                modes of transportation.
          (2) Development of criteria.--The Secretary, in 
        cooperation with State transportation departments, may 
        develop criteria to implement paragraph (1). In 
        developing criteria under this paragraph, the Secretary 
        shall consider--
                  (A) the results of the committee process of 
                the American Association of State Highway and 
                Transportation Officials as used in adopting 
                and publishing ``A Policy on Geometric Design 
                of Highways and Streets'', including comments 
                submitted by interested parties as part of such 
                process;
                  (B) the publication entitled ``Flexibility in 
                Highway Design'' of the Federal Highway 
                Administration;
                  (C) ``Eight Characteristics of Process to 
                Yield Excellence and the Seven Qualities of 
                Excellence in Transportation Design'' developed 
                by the conference held during 1998 entitled 
                ``Thinking Beyond the Pavement National 
                Workshop on Integrating Highway Development 
                with Communities and the Environment while 
                Maintaining Safety and Performance''; [and]
                  (D) the publication entitled `Highway Safety 
                Manual' of the American Association of State 
                Highway and Transportation Officials;
                  (E) the publication entitled `Urban Street 
                Design Guide' of the National Association of 
                City Transportation Officials; and
                  [(D)] (F) any other material that the 
                Secretary determines to be appropriate.
  (f) The Secretary shall not, as a condition precedent to his 
approval under section 106 of this title, require any State to 
acquire title to, or control of, any marginal land along the 
proposed highway in addition to that reasonably necessary for 
road surfaces, median strips, bikeways, pedestrian walkways, 
gutters, ditches, and side slopes, and of sufficient width to 
provide service roads for adjacent property to permit safe 
access at controlled locations in order to expedite traffic, 
promote safety, and minimize roadside parking.

           *       *       *       *       *       *       *


Sec. 111. Agreements relating to use of and access to rights-of-way-
                    Interstate System

  (a) In General.--All agreements between the Secretary and the 
State transportation department for the construction of 
projects on the Interstate System shall contain a clause 
providing that the State will not add any points of access to, 
or exit from, the project in addition to those approved by the 
Secretary in the plans for such project, without the prior 
approval of the Secretary. Such agreements shall also contain a 
clause providing that the State will not permit automotive 
service stations or other commercial establishments for serving 
motor vehicle users to be constructed or located on the rights-
of-way of the Interstate System 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. Such 
agreements may, however, authorize a State or political 
subdivision thereof to use or permit the use of the airspace 
above and below the established grade line of the highway 
pavement for such purposes as will not impair the full use and 
safety of the highway, as will not require or permit vehicular 
access to such space directly from such established grade line 
of the highway, or otherwise interfere in any way with the free 
flow of traffic on the Interstate System. Nothing in this 
section, or in any agreement entered into under this section, 
shall require the discontinuance, obstruction, or removal of 
any establishment for serving motor vehicle users on any 
highway which has been, or is hereafter, designated as a 
highway or route on the Interstate System (1) if such 
establishment (A) was in existence before January 1, 1960, (B) 
is owned by a State, and (C) is operated through 
concessionaries or otherwise, and (2) if all access to, and 
exits from, such establishment conform to the standards 
established for such a highway under this title.
  (b) Rest Areas.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

  (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 
(including new or modified freeway-to-crossroad interchanges 
inside a transportation management area), the Secretary may 
permit a State transportation department to approve the report.

           *       *       *       *       *       *       *


Sec. 119. National highway performance program

  (a) Establishment.--The Secretary shall establish and 
implement a national highway performance program under this 
section.
  (b) Purposes.--* * *

           *       *       *       *       *       *       *

  (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,] congestion reduction, 
        system reliability, 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 , 
                including the installation of vehicle-to-
                infrastructure communication equipment.

           *       *       *       *       *       *       *

  (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.--* * *

           *       *       *       *       *       *       *

          (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] shall 
        include as part of the performance target report under 
        section 150(e) under this paragraph shall include in 
        the next report submitted a description of the actions 
        the State will undertake to achieve the targets.

           *       *       *       *       *       *       *

  (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] If a State 
                reports that the condition of the Interstate 
                System, excluding bridges on the Interstate 
                System, has fallen 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] being in poor 
                condition, 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] being in poor 
                condition, as determined by the Secretary.

           *       *       *       *       *       *       *


Sec. 120. Federal share payable

  (a) Interstate System Projects.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

  (c) Increased Federal Share.--
          (1) Certain safety projects.--The Federal share 
        payable on account of any project for traffic control 
        signalization, maintaining minimum levels of 
        retroreflectivity of highway signs or pavement 
        markings, traffic circles (also known as 
        ``roundabouts''), safety rest areas, pavement marking, 
        shoulder and centerline rumble strips and stripes, 
        commuter carpooling and vanpooling, rail-highway 
        crossing closure, or installation of traffic signs, 
        traffic lights, guardrails, impact attenuators, 
        concrete barrier endtreatments, breakaway utility 
        poles, or priority control systems for emergency 
        vehicles or transit vehicles at signalized 
        intersections may amount to 100 percent of the cost of 
        construction of such projects; except that not more 
        than 10 percent of all sums apportioned for all the 
        Federal-aid programs for any fiscal year in accordance 
        with section 104 of this title shall be used under this 
        subsection. In this subsection, the term ``safety rest 
        area'' means an area where motor vehicle operators can 
        park their vehicles and rest, where food, fuel, and 
        lodging services are not available, and that is located 
        on a segment of highway with respect to which the 
        Secretary determines there is a shortage of public and 
        private areas at which motor vehicle operators can park 
        their vehicles and rest.
          (2) CMAQ projects.--The Federal share payable on 
        account of a project or program carried out under 
        section 149 with funds obligated in fiscal year 2008 or 
        2009, or both, shall be not less than 80 percent and, 
        at the discretion of the State, may be up to 100 
        percent of the cost thereof.
          (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)] (5)(D), or (6) 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, engineering, or design 
                        approaches, manufacturing processes, 
                        financing, [or contracting] or 
                        contracting or project delivery 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 and [alternative 
                        design or alternative bid alternative 
                        bidding;
                          (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)] (5)(D), and (6) 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. 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)[.] ; or
                  (C) projects eligible for assistance under 
                this section located on tribal transportation 
                facilities, Federal lands transportation 
                facilities, or other federally owned roads that 
                are open to public travel (as defined in 
                subsection (e)(1)).

           *       *       *       *       *       *       *

  (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.]
          (1) Definitions.--In this subsection:
                  (A) Open to public travel.--The term `open to 
                public travel' means, with respect to a road, 
                that, except during scheduled periods, extreme 
                weather conditions, or emergencies, the road--
                          (i) is maintained;
                          (ii) is open to the general public; 
                        and
                          (iii) can accommodate travel by 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.
                  (B) Standard passenger vehicle.--The term 
                `standard passenger vehicle' means a vehicle 
                with 6 inches of clearance from the lowest 
                point of the frame, body, suspension, or 
                differential to the ground.

           *       *       *       *       *       *       *


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] Set-asides.--Funds that 
        are subject to sections [104(d) and 133(d)] sections 
        104(d), [133(d)] 133(d)(1)(A), and 213(c) 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).]

           *       *       *       *       *       *       *


Sec. 127. Vehicle weight limitations-Interstate System

  (a) In General.--
          (1)* * *

           *       *       *       *       *       *       *

          (3) Any amount which is withheld from apportionment 
        to any State pursuant to the foregoing provisions shall 
        lapse if not released and obligated within the 
        availability period specified in section [118(b)(2) of 
        this title] 118(b).

           *       *       *       *       *       *       *

  (m) Natural Gas Vehicles.--A vehicle, if operated by an 
engine fueled primarily by natural gas, may exceed any vehicle 
weight limit (up to a maximum gross vehicle weight of 82,000 
pounds) under this section by an amount that is equal to the 
difference between--
          (1) the weight of the vehicle attributable to the 
        natural gas tank and fueling system carried by that 
        vehicle; and
          (2) the weight of a comparable diesel tank and 
        fueling system.
  (n) Emergency Vehicles.--
          (1) Definition of emergency vehicle.--In this 
        subsection, the term `emergency vehicle' means a 
        vehicle designed to be used under emergency 
        conditions--
                  (A) to transport personnel and equipment; and
                  (B) to support the suppression of fires and 
                mitigation of other hazardous situations.
          (2) Emergency vehicle weight limit.--Notwithstanding 
        subsection (a), a State shall not enforce against an 
        emergency vehicle a vehicle weight limit (up to a 
        maximum gross vehicle weight of 86,000 pounds) of less 
        than--
                  (A) 24,000 pounds on a single steering axle;
                  (B) 33,500 pounds on a single drive axle;
                  (C) 62,000 pounds on a tandem axle; or
                  (D) 52,000 pounds on a tandem rear drive 
                steer axle.
  (o) Operation of Certain Specialized Vehicles on Certain 
Highways in the State of Arkansas.--If any segment of United 
States Route 63 between the exits for highways 14 and 75 in the 
State of Arkansas is designated as part of the Interstate 
System--
          (1) a vehicle that could legally operate on the 
        segment before the date of the designation at the 
        posted speed limit may continue to operate on that 
        segment; and
          (2) a vehicle that can only travel below the posted 
        speed limit on the segment that could otherwise legally 
        operate on the segment before the date of the 
        designation may continue to operate on that segment 
        during daylight hours.

           *       *       *       *       *       *       *


Sec. 129. Toll roads, bridges, tunnels, and ferries

  (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 non-HOV lanes, excluding auxiliary lanes, 
                after the construction is not less than the 
                number of toll-free non-HOV 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)] (C) reconstruction, resurfacing, 
                restoration, rehabilitation, or replacement of 
                a toll highway, bridge, or tunnel or approach 
                to the highway, bridge, or tunnel;
                  [(E)] (D) reconstruction or replacement of a 
                toll-free bridge or tunnel and conversion of 
                the bridge or tunnel to a toll facility;
                  [(F)] (E) 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)] (F) 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)] (G) conversion of a high occupancy 
                vehicle lane on a highway, bridge, or tunnel to 
                a toll facility; and
                  [(I)] (H) 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\4\ of 
                        title 49 for the area has been 
                        consulted concerning the placement and 
                        amount of tolls on the converted 
                        facility;
---------------------------------------------------------------------------
    \4\So in original. Probably should be ``section 5303''.
---------------------------------------------------------------------------
                          [(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)] (4) 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] Federal-aid highways 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)] (5) 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)] (6) 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)] (7) 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.
          (8) Equal access for motorcoaches.--A private 
        motorcoach that serves the public shall be provided 
        access to a toll facility under the same rates, terms, 
        and conditions as public transportation buses in the 
        State.
          [(10)] (9) 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) Notwithstanding the provisions of section 301 of this 
title, the Secretary may permit Federal participation under 
this title in the construction of a project constituting an 
approach to a ferry, whether toll or free, the route of which 
is a public road and has not been designated as a route on the 
Interstate System. Such ferry may be either publicly or 
privately owned and operated, but the operating authority and 
the amount of fares charged for passage shall be under the 
control of a State agency or official, and all revenues derived 
from publicly owned or operated ferries shall be applied to 
payment of the cost of construction or acquisition thereof, 
including debt service, and to actual and necessary costs of 
operation, maintenance, repair, and replacement.

           *       *       *       *       *       *       *

  (c) Notwithstanding section 301 of this title, the Secretary 
may permit Federal participation under this title in the 
construction of ferry boats and ferry terminal facilities, 
whether toll or free, subject to the following conditions:
          (1) It is not feasible to build a bridge, tunnel, 
        combination thereof, or other normal highway structure 
        in lieu of the use of such ferry.
          (2) The operation of the ferry shall be on a route 
        classified as a public road within the State and which 
        has not been designated as a route on the Interstate 
        System , or on a public transit ferry eligible under 
        chapter 53 of title 49. Projects under this subsection 
        may be eligible for both ferry boats carrying cars and 
        passengers and ferry boats carrying passengers only.
          [(3) Such ferry] (3)(A) The ferry boat or ferry 
        terminal facility shall be publicly owned or operated 
        or majority publicly owned if the Secretary determines 
        with respect to a majority publicly owned ferry or 
        ferry terminal facility that such ferry boat or ferry 
        terminal facility provides substantial public benefits.
                  (B) Any Federal participation shall not 
                involve the construction or purchase, for 
                private ownership, of a ferry boat, ferry 
                terminal facility, or other eligible project 
                under this section.
          (4) The operating authority and the amount of fares 
        charged for passage on such ferry shall be under the 
        control of the State or other public entity, and all 
        revenues derived therefrom shall be applied to actual 
        and necessary costs of operation, maintenance, [and\5\ 
        repair,] repair, debt service, negotiated management 
        fees, and, in the case of a privately operated toll 
        ferry, for a reasonable rate of return.
---------------------------------------------------------------------------
    \5\So in original. The word ``and'' probably should not appear.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
          [(6) No such ferry shall be sold, leased, or 
        otherwise disposed of without the approval of the 
        Secretary. The Federal share of any proceeds from such 
        a disposition shall be credited to the unprogramed 
        balance of Federal-aid highway funds of the same class 
        last apportioned to such State. Any amount so credited 
        shall be in addition to all other funds then 
        apportioned to such State and available for expenditure 
        in accordance with the provisions of this title.]
          (6) The ferry service shall be maintained in 
        accordance with section 116.
          (7)(A) No ferry boat or ferry terminal with Federal 
        participation under this title may be sold, leased, or 
        otherwise disposed of, except in accordance with part 
        18 of title 49, Code of Federal Regulations (as in 
        effect on December 18, 2014).
          (B) The Federal share of any proceeds from a 
        disposition referred to in subparagraph (A) shall be 
        used for eligible purposes under this title.

           *       *       *       *       *       *       *


Sec. 133. Surface transportation program

  (a) Establishment.--The Secretary shall establish a surface 
transportation program in accordance with this section.
  (b) Eligible Projects.--A State may obligate funds 
apportioned to it under section 104(b)(2) for the surface 
transportation program only for the following:
          (1) * * *

           *       *       *       *       *       *       *

          (10) Surface transportation planning programs , 
        including emergency evacuation plans.
          (11) Transportation alternatives.
          (12) Transportation control measures listed in 
        section 108(f)(1)(A) (other than clause (xvi)) of the 
        Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
          (13) Development and establishment of management 
        systems.

           *       *       *       *       *       *       *

          (16) Infrastructure-based intelligent transportation 
        systems capital improvements , including the 
        installation of vehicle-to-infrastructure communication 
        equipment.

           *       *       *       *       *       *       *

  (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)[;] or or projects 
        described in paragraphs (2), (4), (6),(7), (11), (20), 
        (25), and (26) of subsection (b)
          [(2) for projects described in paragraphs (2), (4), 
        (6), (7), (11), (20), (25), and (26) of subsection (b); 
        and]
          [(3)] (2) as approved by the Secretary.
  (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] 55 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] of 5,000 or more; and
                          (iii) in other areas of the State; 
                        and
                  (B) [50 percent] 45 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)] paragraph (1)(A)(iii), before obligating 
        funding attributed to an area with a population 
        [greater than 5,000 and less than 200,000 of 5,000 to 
        200,000, a State shall consult with the regional 
        transportation planning organizations that represent 
        the area, if any.

           *       *       *       *       *       *       *

  (f) Obligation Authority.--
          (1) In general.--A State that is required to obligate 
        in an urbanized area with an urbanized area population 
        of over 200,000 individuals under subsection (d) funds 
        apportioned to the State under section [104(b)(3)] 
        104(b)(2) shall make available during [the period of 
        fiscal years 2011 through 2014] each fiscal year an 
        amount of obligation authority distributed to the State 
        for Federal-aid highways and highway safety 
        construction programs for use in the area that is equal 
        to the amount obtained by multiplying--
  [(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.]
  (g) Bridges Off the National Highway System.--
          (1) Definition of off-nhs bridge.--In this 
        subsection, the term `off-NHS bridge' means a highway 
        bridge located on a public road, other than a bridge on 
        the National Highway System.
          (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.]
                  (A) Set-aside.--Each State shall obligate for 
                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) for off-NHS bridges an 
                amount equal to the greater of--
                          (i) 15 percent of the amount 
                        apportioned to the State under section 
                        104(b)(2); and
                          (ii) an amount equal to at least 110 
                        percent of the amount of funds [the 
                        State set aside for off-system bridges 
                        in fiscal year 2014] set aside for 
                        bridges not on Federal-aid highways in 
                        the State for fiscal year 2014.
                  (B) Reduction of expenditures.--The 
                Secretary, after consultation with State and 
                local officials, may reduce the requirement for 
                expenditures for [off-system] off-NHS bridges 
                under subparagraph (A) with respect to the 
                State if the Secretary determines that the 
                State has inadequate needs to justify the 
                expenditure.
          [(3)] (h) [Credit for bridges not on Federal-aid 
        highways.--] Credit for Bridges Not on the National 
        Highway System.--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)] (1) 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)] (2) that crediting shall be conducted 
                in accordance with procedures established by 
                the Secretary.
  [(h)] (i) 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] under subsection 
        (d)(1)(A)(ii)for each fiscal year 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. 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 ofresilient 
        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
  (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)] section 135 (l).

           *       *       *       *       *       *       *

  (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] , 
        bicycle transportation facilities, intermodal 
        facilities that support intercity transportation, 
        including intercity buses and intercity bus facilities, 
        and commuter vanpool providers) 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) Representation.--
                  (A) In general.--Designation or selection of 
                officials or representatives under paragraph 
                (2) shall be determined by the metropolitan 
                planning organization according to the bylaws 
                or enabling statute of the organization.
                  (B) Public transportation representative.--
                Subject to the bylaws or enabling statute of 
                the metropolitan planning organization, a 
                representative of a provider of public 
                transportation may also serve as a 
                representative of a local municipality.
                  (C) Powers of certain officials.--An official 
                described in paragraph (2)(B) shall have 
                responsibilities, actions, duties, voting 
                rights, and any other authority commensurate 
                with other officials described in paragraph 
                (2)(B).
          [(3)] (4) 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)] (5) 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)] paragraph (6).
          [(5)] (6) 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)] (7) 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)] subsection (d)(6).

           *       *       *       *       *       *       *

  (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, natural disaster risk reduction 
                airport operations, and freight movements) or 
                to coordinate its planning process, to the 
                maximum extent practicable, with such planning 
                activities.

           *       *       *       *       *       *       *

  (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[.] ; and
                  (I) improve the resilience and reliability of 
                the 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] and the general purposes 
                described in section 5301 of title 49.

           *       *       *       *       *       *       *

  (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] public 
                        transportation facilities, intercity 
                        bus facilities, 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.

           *       *       *       *       *       *       *

                  (G) Capital investment and other 
                strategies.--Capital investment and other 
                strategies to preserve the existing and 
                projected future metropolitan transportation 
                infrastructure [and provide] , provide for 
                multimodal capacity increases based on regional 
                priorities and needs , and reduce vulnerability 
                due to natural disasters of the existing 
                transportation infrastructure.
                  (H) Transportation and transit enhancement 
                activities.--Proposed transportation and 
                transit enhancement activities ``, including 
                consideration of the role that intercity buses 
                may play in reducing congestion, pollution, and 
                energy consumption in a cost-effective manner 
                and strategies and investments that preserve 
                and enhance intercity bus systems, including 
                systems that are privately owned and operated.
          (3) Coordination with Clean Air Act agencies.--* * *

           *       *       *       *       *       *       *

          (6) Participation by interested parties.--
                  (A) In general.--Each metropolitan planning 
                organization shall provide citizens, affected 
                public agencies, representatives of public 
                transportation employees, public ports,freight 
                shippers, providers of freight transportation 
                services, private providers of transportation 
                (including intercity bus operators and commuter 
                vanpool providers), 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.

           *       *       *       *       *       *       *

          (8) Selection of projects from illustrative list.--
        Notwithstanding paragraph [(2)(C)] (2)(E), 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)] (2)(E).
  (j) Metropolitan TIP.--
          (1) Development.--
                  (A)* * *

           *       *       *       *       *       *       *

          (5) Selection of projects.--
                  (A) In general.--Except as otherwise provided 
                in [subsection (k)(4)] subsection (k)(3) 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--I65 * * * * 
                * * *
  (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)] (3) 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)] (4) 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.\9\
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    \9\So in original. Probably should be followed by a period.
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          (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] with a population of 200,000 or less 
                and their ability to carry out the requirements 
                of this section.

           *       *       *       *       *       *       *

  [(n) Additional Requirements for Certain Nonattainment 
Areas.--
          [(1) In general.--Notwithstanding any other 
        provisions of this title or chapter 53 of title,\10\ 
        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.
---------------------------------------------------------------------------
    \10\So in original. Probably should be ``title 49,''.
---------------------------------------------------------------------------
          [(2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning 
        area boundaries determined under subsection (e).]
  [(o)] (n) 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)] (o) Funding.--Funds [set aside under section 104(f)] 
apportioned under paragraphs (5)(D) and (6) of section 104(b) 
of this title or section 5305(g) of title 49 shall be available 
to carry out this section.
  [(q)] (p) 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.
  (q) Treatment of Lake Tahoe Region.--
          (1) Definition of lake tahoe region.--In this 
        subsection, the term `Lake Tahoe Region' has the 
        meaning given the term `region' in subsection (a) of 
        Article II of the Lake Tahoe Regional Planning Compact 
        (Public Law 96-551; 94 Stat. 3234).
          (2) Treatment.--For the purpose of this title, the 
        Lake Tahoe Region shall be treated as--
                  (A) a metropolitan planning organization;
                  (B) a transportation management area under 
                subsection (k); and
                  (C) an urbanized area, which is comprised of 
                a population of 145,000 in the State of 
                California and a population of 65,000 in the 
                State of Nevada.
          (3) Suballocated funding.--
                  (A) Section 133.--When determining the amount 
                under subparagraph (A) of section 133(d)(1) 
                that shall be obligated for a fiscal year in 
                the States of California and Nevada under 
                clauses (i), (ii), and (iii) of that 
                subparagraph, the Secretary shall, for each of 
                those States--
                          (i) calculate the population under 
                        each of those clauses;
                          (ii) decrease the amount under 
                        section 133(d)(1)(A)(iii) by the 
                        population specified in paragraph (2) 
                        of this subsection for the Lake Tahoe 
                        Region in that State; and
                          (iii) increase the amount under 
                        section 133(d)(1)(A)(i) by the 
                        population specified in paragraph (2) 
                        of this subsection for the Lake Tahoe 
                        Region in that State.
                  (B) Section 213.--When determining the amount 
                under paragraph (1) of section 213(c) that 
                shall be obligated for a fiscal year in the 
                States of California and Nevada under 
                subparagraphs (A), (B), and (C) of that 
                paragraph, the Secretary shall, for each of 
                those States--
                          (i) calculate the population under 
                        each of those subparagraphs;
                          (ii) decrease the amount under 
                        section 213(c)(1)(C) by the population 
                        specified in paragraph (2) of this 
                        subsection for the Lake Tahoe Region in 
                        that State; and
                          (iii) increase the amount under 
                        section 213(c)(1)(A) by the population 
                        specified in paragraph (2) of this 
                        subsection for the Lake Tahoe Region in 
                        that State.

Sec. 135. Statewide and nonmetropolitan transportation planning

  (a) General Requirements.--
          (1) Development of plans and programs.--* * *

           *       *       *       *       *       *       *

          (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] , 
        bicycle transportation facilities, intermodal 
        facilities that support intercity transportation, 
        including intercity buses and intercity bus facilities, 
        and commuter vanpool providers) that will function as 
        an intermodal transportation system for the State and 
        an integral part of an intermodal transportation system 
        for the United States.

           *       *       *       *       *       *       *

  (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[.] ; and
                  (I) improve the resilience and reliability of 
                the 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] and the general purposes described in 
                section 5301 of title 49.

           *       *       *       *       *       *       *

  (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)] subsection (l);

           *       *       *       *       *       *       *

  (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)] 
                        subsection (l).

           *       *       *       *       *       *       *

          (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)] subsection (l), 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 (including intercity bus 
                        operators and comuter vanpool 
                        providers), 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.

           *       *       *       *       *       *       *

          (7) Performance-based approach.--The statewide 
        transportation plan [should] shall 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 , including 
        consideration of the role that intercity buses may play 
        in reducing congestion, pollution, and energy 
        consumption in a cost-effective manner and strategies 
        and investments that preserve and enhance intercity bus 
        systems, including systems that are privately owned and 
        operated.

           *       *       *       *       *       *       *

  (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)] 
                        subsection (l).
                          (ii) Role of Secretary.--The 
                        Secretary shall not review or approve 
                        the specific consultation process in 
                        the State.

           *       *       *       *       *       *       *

          (3) Participation by interested parties.--In 
        developing the program, the State shall provide 
        citizens, affected public agencies, representatives of 
        public transportation employees, public sports freight 
        shippers, private providers of transportation 
        (including intercity bus operators),, 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.

           *       *       *       *       *       *       *

          (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)] subsection (l).

           *       *       *       *       *       *       *

  (i) Funding.--Funds apportioned under [section 104(b)(5)] 
paragraphs (5)(D) and (6) of section 104(b) 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)] (j) 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)] (k) 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)] (l) 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.

           *       *       *       *       *       *       *


Sec. 136. Control of junkyards

  (a) The Congress hereby finds and declares that the 
establishment and use and maintenance of junkyards in areas 
adjacent to the Interstate System and the primary system should 
be controlled in order to protect the public investment in such 
highways, to promote the safety and recreational value of 
public travel, and to preserve natural beauty.
  (b) Federal-aid highway funds apportioned on or after January 
1, 1968, to any State which the Secretary determines has not 
made provision for effective control of the establishment and 
maintenance along the Interstate System and the primary system 
of outdoor junkyards, which are within one thousand feet of the 
nearest edge of the right-of-way and visible from the main 
traveled way of the system, shall be reduced by amounts equal 
to 7 percent of the amounts which would otherwise be 
apportioned to such State under [paragraphs (1) through (5) of 
section 104(b)] paragraphs (1) through (6) of section 104(b), 
until such time as such State shall provide for such effective 
control. Any amount which is withheld from apportionment to any 
State hereunder shall be reapportioned to the other States. 
Whenever he determines it to be in the public interest, the 
Secretary may suspend, for such periods as he deems necessary, 
the application of this subsection to a State.

           *       *       *       *       *       *       *


Sec. 138. Preservation of parklands

  (a) Declaration of Policy.--It is declared to be the national 
policy that special effort should be made to preserve the 
natural beauty of the countryside and public park and 
recreation lands, wildlife and waterfowl refuges, and historic 
sites. The Secretary of Transportation shall cooperate and 
consult with the Secretaries of the Interior, Housing and Urban 
Development, and Agriculture, and with the States in developing 
transportation plans and programs that include measures to 
maintain or enhance the natural beauty of the lands traversed. 
After the effective date of the Federal-Aid Highway Act of 
1968, the Secretary shall not approve any program or project 
(other than any project for a Federal lands transportation 
facility) which requires the use of any publicly owned land 
from a public park, recreation area, or wildlife and waterfowl 
refuge of national, State, or local significance as determined 
by the Federal, State, or local officials having jurisdiction 
thereof, or any land from an historic site of national, State, 
or local significance as so determined by such officials unless 
(1) there is no feasible and prudent alternative to the use of 
such land, and (2) such program includes all possible planning 
to minimize harm to such park, recreational area, wildlife and 
waterfowl refuge, or historic site resulting from such use. In 
carrying out the national policy declared in this section the 
Secretary, in cooperation with the Secretary of the Interior 
and appropriate State and local officials, is authorized to 
conduct studies as to the most feasible Federal-aid routes for 
the movement of motor vehicular traffic through or around 
national parks so as to best serve the needs of the traveling 
public while preserving the natural beauty of these areas.
  (b) De Minimis Impacts.--* * *

           *       *       *       *       *       *       *

  (c) Satisfaction of Requirements for Certain Historic 
Sites.--
          (1) In general.--The Secretary shall--
                  (A) [ensure that the requirements of this 
                section are consistent with]align, to the 
                maximum extent practicable, with the 
                requirements of the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4231 et seq.) and 
                section 306108 of title 54, including 
                implementing regulations; and
                  (B) not later than 90 days after the date of 
                enactment of this subsection, coordinate with 
                the Secretary of the Interior and the Executive 
                Director of the Advisory Council on Historic 
                Preservation (referred to in this subsection as 
                the `Council') to establish procedures to 
                satisfy the requirements described in 
                subparagraph (A) (including regulations).
          (2) Avoidance alternative analysis.--
                  (A) In general.--If, in an analysis required 
                under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4231 et seq.), the Secretary 
                determines that there is no feasible or prudent 
                alternative to avoid use of an historic site, 
                the Secretary may--
                          (i) include the determination of the 
                        Secretary in the analysis required 
                        under that Act;
                          (ii) provide a notice of the 
                        determination to--
                                  (I) each applicable State 
                                historic preservation officer 
                                and tribal historic 
                                preservation officer;
                                  (II) the Council, if the 
                                Council is participating in the 
                                consultation process under 
                                section 306108 of title 54; and
                                  (III) the Secretary of the 
                                Interior; and
                          (iii) request from the applicable 
                        preservation officer, the Council, and 
                        the Secretary of the Interior a 
                        concurrence that the determination is 
                        sufficient to satisfy the requirement 
                        of subsection (a)(1).
                  (B) Concurrence.--If the applicable 
                preservation officer, the Council, and the 
                Secretary of the Interior each provide a 
                concurrence requested under [subparagraph 
                (A)(iii)--
                          [(i) no further analysis under 
                        subsection (a)(1) shall be required;
                          [(ii) the Secretary shall include in 
                        the record of decision or finding of no 
                        significant impact a notice of a 
                        determination and each relevant 
                        concurrence to the determination under 
                        subparagraph (A); and
                          [(iii) not later than 3 days after 
                        the receipt by the Secretary of all 
                        concurrences requested under 
                        subparagraph (A)(iii), the Secretary 
                        shall post on an appropriate Federal 
                        website the determination and each 
                        relevant concurrence described in 
                        clause (ii).] subparagraph (A)(iii), no 
                        further analysis under subsection 
                        (a)(1) shall be required.
                  (C) Publication.--A notice of a 
                determination, together with each relevant 
                concurrence to that determination, under 
                subparagraph (A) shall be--
                          (i) included in the record of 
                        decision or finding of no significant 
                        impact of the Secretary; and
                          (ii) posted on an appropriate Federal 
                        website by not later than 3 days after 
                        the date of receipt by the Secretary of 
                        all concurrences requested under 
                        subparagraph (A)(iii).
          (3) Aligning historical reviews.--
                  (A) In general.--If the Secretary, the 
                applicable preservation officer, the Council, 
                and the Secretary of the Interior concur [that 
                there is no feasible and prudent alternative] 
                that no feasible and prudent alternative exists 
                as described in paragraph (2), the Secretary 
                may provide to the applicable preservation 
                officer, the Council, and the Secretary of the 
                Interior notice of the intent of the Secretary 
                to satisfy the requirements of subsection 
                (a)(2) through the consultation requirements of 
                section 306108 of title 54.
                  (B) Satisfaction of conditions.--To satisfy 
                the requirements of subsection (a)(2), each 
                individual described in paragraph (2)(A)(ii) 
                shall concur in the treatment of the applicable 
                historic site described in the memorandum of 
                agreement or programmatic agreement developed 
                under section 306108 of title 54.
  (d) Bridge Exemption From Consideration.--A common post-1945 
concrete or steel bridge or culvert (as described in 77 Fed. 
Reg. 68790) that is exempt from individual review under section 
306108 of title 54, United States Code, shall be exempt from 
consideration under this section.

           *       *       *       *       *       *       *


Sec. 139. Efficient environmental reviews for project decisionmaking

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Agency.--The term ``agency'' means any agency, 
        department, or other unit of Federal, State, local, or 
        Indian tribal government.
          (2) Environmental impact statement.--* * *

           *       *       *       *       *       *       *

          [(5) Multimodal project.--The term ``multimodal 
        project'' means a project funded, in whole or in part, 
        under this title or chapter 53 of title 49 and 
        involving the participation of more than one Department 
        of Transportation administration or agency.]
          (5) Multimodal project.--The term `multimodal 
        project' means a project that requires approval by more 
        than 1 Department of Transportation operating 
        administration or secretarial office.
          [(6) Project.--The term ``project'' means any highway 
        project, public transportation capital project, or 
        multimodal project that requires the approval of the 
        Secretary.]
          (6) Project.--
                  (A) In general.--The term `project' means any 
                highway project, public transportation capital 
                project, or multimodal project that, if 
                implemented as proposed by the project sponsor, 
                would require approval by any operating 
                administration or secretarial office within the 
                Department.
                  (B) Considerations.--For purposes of this 
                paragraph, the Secretary shall take into 
                account, if known, any sources of Federal 
                funding or financing identified by the project 
                sponsor, including discretionary grant, loan, 
                and loan guarantee programs administered by the 
                Department.

           *       *       *       *       *       *       *

  (c) Lead Agencies.--
          (1) Federal lead agency.--
                  (A) In general.--The Department of 
                Transportation shall be the Federal lead agency 
                in the environmental review process for a 
                project.
                  (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.
          (2) Joint lead agencies.--Nothing in this section 
        precludes another agency from being a joint lead agency 
        in accordance with regulations under the National 
        Environmental Policy Act of 1969.
          (3) Project sponsor as joint lead agency.--Any 
        project sponsor that is a State or local governmental 
        entity receiving funds under this title or chapter 53 
        of title 49 for the project shall serve as a joint lead 
        agency with the Department for purposes of preparing 
        any environmental document under the National 
        Environmental Policy Act of 1969 and may prepare any 
        such environmental document required in support of any 
        action or approval by the Secretary if the Federal lead 
        agency furnishes guidance in such preparation and 
        independently evaluates such document and the document 
        is approved and adopted by the Secretary prior to the 
        Secretary taking any subsequent action or making any 
        approval based on such document, whether or not the 
        Secretary's action or approval results in Federal 
        funding.
          (4) Ensuring compliance.--The Secretary shall ensure 
        that the project sponsor complies with all design and 
        mitigation commitments made jointly by the Secretary 
        and the project sponsor in any environmental document 
        prepared by the project sponsor in accordance with this 
        subsection and that such document is appropriately 
        supplemented if project changes become necessary.
          (5) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection 
        may be adopted or used by any Federal agency making any 
        approval to the same extent that such Federal agency 
        could adopt or use a document prepared by another 
        Federal agency.
          [(6) Roles and responsibility of lead agency.--With 
        respect to the environmental review process for any 
        project, the lead agency shall have authority and 
        responsibility--
                  [(A) to take such actions as are necessary 
                and proper, within the authority of the lead 
                agency, to facilitate the expeditious 
                resolution of the environmental review process 
                for the project; [and]
                  (B) to prepare or ensure that any required 
                environmental impact statement or other 
                document required to be completed under the 
                National Environmental Policy Act of 1969 is 
                completed in accordance with this section and 
                applicable Federal law[.] ; and
                  (C) to consider and respond to comments 
                received from participating agencies on matters 
                within the special expertise or jurisdiction of 
                the participating agencies.
  (d) Participating Agencies.--
          (1) In general.--The lead agency shall be responsible 
        for inviting and designating participating agencies in 
        accordance with this subsection.
          (2) Invitation.--* * *

           *       *       *       *       *       *       *

          (8) Participating agency responsibilities.--An agency 
        participating in the collaborative environmental review 
        process under this section shall--
                  (A) provide comments, responses, studies, or 
                methodologies on those areas within the special 
                expertise or jurisdiction of the Federal 
                participating or cooperating agency; and
                  (B) use the process to address any 
                environmental issues of concern to the 
                participating or cooperating agency.

           *       *       *       *       *       *       *

  (e) Project Initiation.--
          (1) In general.--The project sponsor shall notify the 
        Secretary of the type of work, termini, length and 
        general location of the proposed project (including any 
        additional information that the project sponsor 
        considers to be important to initiate the process for 
        the proposed project), together with a statement of any 
        Federal approvals anticipated to be necessary for the 
        proposed project, for the purpose of informing the 
        Secretary that the environmental review process should 
        be initiated.

           *       *       *       *       *       *       *

          (3) Review of application.--Not later than 45 days 
        after the date on which an application is received by 
        the Secretary under this subsection, the Secretary 
        shall provide to the project sponsor a written response 
        that, as applicable--
                  (A) describes the determination of the 
                Secretary--
                          (i) to initiate the environmental 
                        review process, including a timeline 
                        and an expected date for the 
                        publication in the Federal Register of 
                        the relevant notice of intent; or
                          (ii) to decline the application, 
                        including an explanation of the reasons 
                        for that decision; or
                  (B) requests additional information, and 
                provides to the project sponsor an accounting, 
                regarding what is necessary to initiate the 
                environmental review process.
          (4) Request to designate a lead agency.--
                  (A) In general.--Any project sponsor may 
                submit a request to the Secretary to designate 
                a specific operating administration or 
                secretarial office within the Department of 
                Transportation to serve as the Federal lead 
                agency for a project.
                  (B) Proposed schedule.--A request under 
                subparagraph (A) may include a proposed 
                schedule for completing the environmental 
                review process.
                  (C) Secretarial action.--
                          (i) In general.--If a request under 
                        subparagraph (A) is received, the 
                        Secretary shall respond to the request 
                        not later than 45 days after the date 
                        of receipt.
                          (ii) Requirements.--The response 
                        shall--
                                  (I) approve the request;
                                  (II) deny the request, with 
                                an explanation of the reasons; 
                                or
                                  (III) require the submission 
                                of additional information.
                          (iii) Additional information.--If 
                        additional information is submitted in 
                        accordance with clause (ii)(III), the 
                        Secretary shall respond to that 
                        submission not later than 45 days after 
                        the date of receipt.

           *       *       *       *       *       *       *

  (f) Purpose and Need.--
          (1) Participation.--As early as practicable during 
        the environmental review process, the lead agency shall 
        provide an opportunity for involvement by participating 
        agencies and the public in defining the purpose and 
        need for a project.
          (2) Definition.--Following participation under 
        paragraph (1), the lead agency shall define the 
        project's purpose and need for purposes of any document 
        which the lead agency is responsible for preparing for 
        the project.
          (3) Objectives.--The statement of purpose and need 
        shall include a clear statement of the objectives that 
        the proposed action is intended to achieve, which may 
        include--
                  (A) achieving a transportation objective 
                identified in an applicable statewide or 
                metropolitan transportation plan;
                  (B) supporting land use, economic 
                development, or growth objectives established 
                in applicable Federal, State, local, or tribal 
                plans; and
                  (C) serving national defense, national 
                security, or other national objectives, as 
                established in Federal laws, plans, or 
                policies.
          (4) Alternatives analysis.--
                  (A) Participation.--As early as practicable 
                during the environmental review process, the 
                lead agency shall provide an opportunity for 
                involvement by participating agencies and the 
                public in determining the range of alternatives 
                to be considered for a project.
                  (B) Range of alternatives.--Following 
                participation under paragraph (1), the lead 
                agency shall determine the range of 
                alternatives for consideration in any document 
                which the lead agency is responsible for 
                preparing for the project.
                  (C) Methodologies.--The lead agency also 
                shall determine, in collaboration with 
                participating agencies at appropriate times 
                during the study process, the methodologies to 
                be used and the level of detail required in the 
                analysis of each alternative for a project.
                  (D) Preferred alternative.--At the discretion 
                of the lead agency, the preferred alternative 
                for a project, after being identified, may be 
                developed to a higher level of detail than 
                other alternatives in order to facilitate the 
                development of mitigation measures or 
                concurrent compliance with other applicable 
                laws if the lead agency determines that the 
                development of such higher level of detail will 
                not prevent the lead agency from making an 
                impartial decision as to whether to accept 
                another alternative which is being considered 
                in the environmental review process.
                  (E) Reduction of duplication.--
                          (i) In general.--In carrying out this 
                        paragraph, the lead agency shall reduce 
                        duplication, to the maximum extent 
                        practicable, between--
                                  (I) the evaluation of 
                                alternatives under the National 
                                Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.); 
                                and
                                  (II) the evaluation of 
                                alternatives in the 
                                metropolitan transportation 
                                planning process under section 
                                134 of title 23, United States 
                                Code, or an environmental 
                                review process carried out 
                                under State law (referred to in 
                                this subparagraph as a `State 
                                environmental review process').
                          (ii) Consideration of alternatives.--
                        The lead agency may eliminate from 
                        detailed consideration an alternative 
                        proposed in an environmental impact 
                        statement regarding a project if, as 
                        determined by the lead agency--
                                  (I) the alternative was 
                                considered in a metropolitan 
                                planning process or a State 
                                environmental review process by 
                                a metropolitan planning 
                                organization or a State or 
                                local transportation agency, as 
                                applicable;
                                  (II) the lead agency provided 
                                guidance to the metropolitan 
                                planning organization or State 
                                or local transportation agency, 
                                as applicable, regarding 
                                analysis of alternatives in the 
                                metropolitan planning process 
                                or State environmental review 
                                process, including guidance on 
                                the requirements under the 
                                National Environmental Policy 
                                Act of 1969 (42 U.S.C. 4321 et 
                                seq.) and any other 
                                requirements of Federal law 
                                necessary for approval of the 
                                project;
                                  (III) the applicable 
                                metropolitan planning process 
                                or State environmental review 
                                process included an opportunity 
                                for public review and comment;
                                  (IV) the applicable 
                                metropolitan planning 
                                organization or State or local 
                                transportation agency rejected 
                                the alternative after 
                                considering public comments;
                                  (V) the Federal lead agency 
                                independently reviewed the 
                                alternative evaluation approved 
                                by the applicable metropolitan 
                                planning organization or State 
                                or local transportation agency; 
                                and
                                  (VI) the Federal lead agency 
                                has determined--
                                          (aa) in consultation 
                                        with Federal 
                                        participating or 
                                        cooperating agencies, 
                                        that the alternative to 
                                        be eliminated from 
                                        consideration is not 
                                        necessary for 
                                        compliance with the 
                                        National Environmental 
                                        Policy Act of 1969 (42 
                                        U.S.C. 4321 et seq.); 
                                        or
                                          (bb) with the 
                                        concurrence of Federal 
                                        agencies with 
                                        jurisdiction over a 
                                        permit or approval 
                                        required for a project, 
                                        that the alternative to 
                                        be eliminated from 
                                        consideration is not 
                                        necessary for any 
                                        permit or approval 
                                        under any other Federal 
                                        law.

           *       *       *       *       *       *       *

  (g) Coordination and Scheduling.--
          (1) Coordination plan.--
                  (A) In general.--The lead agency shall 
                establish a plan for coordinating public and 
                agency participation in and comment on the 
                environmental review process for a project or 
                category of projects. The coordination plan may 
                be incorporated into a memorandum of 
                understanding.
                  (B) Schedule.--
                          (i) In general.--[The lead agency] 
                        For a project requiring an 
                        environmental impact statement or 
                        environmental assessment, the lead 
                        agency [may] shall establish as part of 
                        the coordination plan, after 
                        consultation with and the concurrence 
                        of each participating agency for the 
                        project and with the State in which the 
                        project is located (and, if the State 
                        is not the project sponsor, with the 
                        project sponsor), a schedule for 
                        completion of the environmental review 
                        process for the project.

           *       *       *       *       *       *       *

  (h) Issue Identification and Resolution.--
          (1) Cooperation.--The lead agency and the 
        participating agencies shall work cooperatively in 
        accordance with this section to identify and resolve 
        issues that could delay completion of the environmental 
        review process or could result in denial of any 
        approvals required for the project under applicable 
        laws.
          (2) Lead agency responsibilities.--The lead agency 
        shall make information available to the participating 
        agencies as early as practicable in the environmental 
        review process regarding the environmental and 
        socioeconomic resources located within the project area 
        and the general locations of the alternatives under 
        consideration. Such information may be based on 
        existing data sources, including geographic information 
        systems mapping.
          (3) Participating agency responsibilities.--Based on 
        information received from the lead agency, 
        participating agencies shall identify, as early as 
        practicable, any issues of concern regarding the 
        project's potential environmental or socioeconomic 
        impacts. In this paragraph, issues of concern include 
        any issues that could substantially delay or prevent an 
        agency from granting a permit or other approval that is 
        needed for the project.
          (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] paragraph (5) 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 , 
                                including modifications to the 
                                project schedule; 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.).]
                          (ii) Description of date.--The date 
                        referred to in clause (i) is 1 of the 
                        following:
                                  (I) The date that is 30 days 
                                after the date for rendering a 
                                decision as described in the 
                                project schedule established 
                                pursuant to subsection 
                                (g)(1)(B).
                                  (II) If no schedule exists, 
                                the later of--
                                          (aa) the date that is 
                                        180 days after the date 
                                        on which an application 
                                        for the permit, license 
                                        or approval is 
                                        complete; or
                                          (bb) 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.).
                                  (III) A modified date 
                                consistent with subsection 
                                (g)(1)(D).

           *       *       *       *       *       *       *

  (n) Accelerated Decisionmaking in Environmental Reviews.--
          (1) 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 regarding 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 shall--
                  (A) cite the sources, authorities, or reasons 
                that support the position of the lead agency; 
                and
                  (B) if appropriate, indicate the 
                circumstances that would trigger agency 
                reappraisal or further response.
          (2) 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--
                  (A) the final environmental impact statement 
                makes substantial changes to the proposed 
                action that are relevant to environmental or 
                safety concerns; or
                  (B) there are significant new circumstances 
                or information that--
                          (i) are relevant to environmental 
                        concerns; and
                          (ii) bear on the proposed action or 
                        the impacts of the proposed action.

           *       *       *       *       *       *       *

  (o) Reviews, Approvals, and Permitting Platform.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of this subsection, the Secretary 
        shall establish an online platform and, in coordination 
        with agencies described in paragraph (2), issue 
        reporting standards to make publicly available the 
        status of reviews, approvals, and permits required for 
        compliance with the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) or other applicable 
        Federal laws for projects and activities requiring an 
        environmental assessment or an environmental impact 
        statement.
          (2) Federal agency participation.--A Federal agency 
        of jurisdiction over a review, approval, or permit 
        described in paragraph (1) shall provide status 
        information in accordance with the standards 
        established by the Secretary under paragraph (1).
          (3) State responsibilities.--A State that is assigned 
        and assumes responsibilities under section 326 or 327 
        shall provide applicable status information in 
        accordance with standards established by the Secretary 
        under paragraph (1).

           *       *       *       *       *       *       *


Sec. 141. Enforcement of requirements

  (a) Each State shall certify to the Secretary before January 
1 of each year that it is enforcing all State laws respecting 
maximum vehicle size and weights permitted on the Federal-aid 
primary system, the Federal-aid urban system, and the Federal-
aid secondary system, including the Interstate System in 
accordance with section 127 of this title. Each State shall 
also certify that it is enforcing and complying with the 
provisions of section 127(d) of this title and section 31112 of 
title 49.
  (b)(1) Each State shall submit to the Secretary such 
information as the Secretary shall, by regulation, require as 
necessary, in his opinion, to verify the certification of such 
State under subsection (b) of this section.
  (2) If a State fails to certify as required by subsection (b) 
of this section or if the Secretary determines that a State is 
not adequately enforcing all State laws respecting such maximum 
vehicle size and weights, notwithstanding such a certification, 
then Federal-aid highway funds apportioned to such State for 
such fiscal year shall be reduced by amounts equal to 7 percent 
of the amount which would otherwise be apportioned to such 
State under [paragraphs (1) through (5) of section 104(b)] 
paragraphs (1) through (6) of section 104(b).

           *       *       *       *       *       *       *


Sec. 143. Highway use tax evasion projects

  (a) State Defined.--In this section, the term ``State'' means 
the 50 States and the District of Columbia.
  (b) Projects.--
          (1) In general.--The Secretary shall carry out 
        highway use tax evasion projects in accordance with 
        this subsection.
          [(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.]
                  (A) In general.--From administrative funds 
                made available under section 104(a), the 
                Secretary shall deduct such sums as are 
                necessary, not to exceed $4,000,000 for each 
                fiscal year, to carry out this section.

           *       *       *       *       *       *       *


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] each bridge in poor 
        condition 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] 
                the natural condition of the water or by 
                reasonable improvement as a means to transport 
                interstate or foreign commerce; and

           *       *       *       *       *       *       *

  (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) Bridges requiring closure or load restrictions.--
                  (A) Bridges owned by federal agencies or 
                tribal governments.--If a Federal agency or 
                tribal government fails to ensure that any 
                highway bridge that is open to public travel 
                and located in the jurisdiction of the Federal 
                agency or tribal government is properly closed 
                or restricted to loads that the bridge can 
                carry safely, the Secretary--
                          (i) shall, on learning of the need to 
                        close or restrict loads on the bridge, 
                        require the Federal agency or tribal 
                        government to take action necessary--
                                  (I) to close the bridge 
                                within 48 hours; or
                                  (II) within 30 days, to 
                                restrict public travel on the 
                                bridge to loads that the bridge 
                                can carry safely; and
                          (ii) may, if the Federal agency or 
                        tribal government fails to take action 
                        required under clause (i), withhold all 
                        funding authorized under this title for 
                        the Federal agency or tribal 
                        government.
                  (B) Other bridges.--If a State fails to 
                ensure that any highway bridge, other than a 
                bridge described in subparagraph (A), that is 
                open to public travel and is located within the 
                boundaries of the State is properly closed or 
                restricted to loads the bridge can carry 
                safely, the Secretary--
                          (i) shall, on learning of the need to 
                        close or restrict loads on the bridge, 
                        require the State to take action 
                        necessary--
                                  (I) to close the bridge 
                                within 48 hours; or
                                  (II) within 30 days, to 
                                restrict public travel on the 
                                bridge to loads that the bridge 
                                can carry safely; and
                          (ii) may, if the State fails to take 
                        action required under clause (i), 
                        withhold approval for Federal-aid 
                        projects in that State.
          [(6)] (7) 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)] (8) Risk-based approach.--In carrying out the 
        revisions required by paragraph[ (6)] (7), 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) Bundling of Bridge Projects.--
          (1) Purpose.--The purpose of this subsection is to 
        save costs and time by encouraging States to bundle 
        multiple bridge projects as 1 project.
          (2) Definition of eligible entity.--In this 
        subsection, the term `eligible entity' means an entity 
        eligible to carry out a bridge project under section 
        119 or 133.
          (3) Bundling of bridge projects.--An eligible entity 
        may bundle 2 or more similar bridge projects that are--
                  (A) eligible projects under section 119 or 
                133;
                  (B) included as a bundled project in a 
                transportation improvement program under 
                section 134(j) or a statewide transportation 
                improvement program under section 135, as 
                applicable; and
                  (C) awarded to a single contractor or 
                consultant pursuant to a contract for 
                engineering and design or construction between 
                the contractor and an eligible entity.
          (4) Itemization.--Notwithstanding any other provision 
        of law (including regulations), an eligible bridge 
        project included in a bundle under this subsection may 
        be listed as--
                  (A) 1 project for purposes of sections 134 
                and 135; and
                  (B) a single project within the applicable 
                bundle.
          (5) Financial characteristics.--Projects bundled 
        under this subsection shall have the same financial 
        characteristics, including--
                  (A) the same funding category or subcategory; 
                and
                  (B) the same Federal share.
  [(j)] (k) 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)] (104(b)(2);
          (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.

           *       *       *       *       *       *       *


Sec. 147. Construction of ferry boats and ferry terminal facilities

  (a) [In General Program.--The Secretary shall carry out a 
program for construction of ferry boats and ferry terminal 
facilities in accordance with section 129(c).

           *       *       *       *       *       *       *

  [(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.
  [(f) Period of Availability.--Notwithstanding section 118(b), 
funds made available to carry out this section shall remain 
available until expended.
  [(g) Applicability.--All provisions of this chapter that are 
applicable to the National Highway System, other than 
provisions relating to apportionment formula and Federal share, 
shall apply to funds made available to carry out this section, 
except as determined by the Secretary to be inconsistent with 
this section.]
  (d) Formula.--Of the amounts allocated under subsection (c)--
          (1) 35 percent shall be allocated among eligible 
        entities in the proportion that--
                  (A) the number of ferry passengers, including 
                passengers in vehicles, carried by each ferry 
                system in the most recent calendar year for 
                which data is available; bears to
                  (B) the number of ferry passengers, including 
                passengers in vehicles, carried by all ferry 
                systems in the most recent calendar year for 
                which data is available;
          (2) 35 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 calendar year 
                for which data is available; bears to
                  (B) the number of vehicles carried by all 
                ferry systems in the most recent calendar year 
                for which data is available; and
          (3) 30 percent shall be allocated among eligible 
        entities in the proportion that--
                  (A) the total route nautical miles serviced 
                by each ferry system in the most recent 
                calendar year for which data is available; 
                bears to
                  (B) the total route nautical miles serviced 
                by all ferry systems in the most recent 
                calendar year for which data is available.
  (e) Redistribution of Unobligated Amounts.--The Secretary 
shall--
          (1) withdraw amounts allocated to an eligible entity 
        under subsection (c) that remain unobligated by the end 
        of the third fiscal year following the fiscal year for 
        which the amounts were allocated; and
          (2) in the subsequent fiscal year, redistribute the 
        funds referred to in paragraph (1) in accordance with 
        the formula under subsection (d) among eligible 
        entities for which no amounts were withdrawn under 
        paragraph (1).
  (f) Minimum Amount.--Notwithstanding subsection (c), a State 
with an eligible entity that meets the requirements of this 
section shall receive not less than $100,000 under this section 
for a fiscal year.
  (g) Implementation.--
          (1) Data collection.--
                  (A) National ferry database.--Amounts made 
                available for a fiscal year under this section 
                shall be allocated using the most recent data 
                available, as collected and imputed in 
                accordance with the national ferry database 
                established under section 1801(e) of SAFETEA-LU 
                (23 U.S.C. 129 note; 119 Stat. 1456).
                  (B) Eligibility for funding.--To be eligible 
                to receive funds under subsection (c), data 
                shall have been submitted in the most recent 
                collection of data for the national ferry 
                database under section 1801(e) of SAFETEA-LU 
                (23 U.S.C. 129 note; 119 Stat. 1456) for at 
                least 1 ferry service within the State.
          (2) Adjustments.--On review of the data submitted 
        under paragraph (1)(B), the Secretary may make 
        adjustments to the data as the Secretary determines 
        necessary to correct misreported or inconsistent data.
  (h) Authorization of Appropriations.--There is authorized to 
be appropriated out of the Highway Trust Fund (other than the 
Mass Transit Account) to carry out this section $75,000,000 for 
each of fiscal years 2016 through 2021.
  (i) Period of Availability.--Notwithstanding section 118(b), 
funds made available to carry out this section shall remain 
available until expended.
  (j) Applicability.--All provisions of this chapter that are 
applicable to the National Highway System, other than 
provisions relating to apportionment formula and Federal share, 
shall apply to funds made available to carry out this section, 
except as determined by the Secretary to be inconsistent with 
this section.

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,] only includes a project for 1 or 
                more of the following:
                          (i) An intersection safety 
                        improvement.

           *       *       *       *       *       *       *

                          (xxv) Installation of vehicle-to-
                        infrastructure communication equipment.
                          (xxvi) Pedestrian hybrid beacons.
                          (xxvii) Roadway improvements that 
                        provide separation between pedestrians 
                        and motor vehicles, including medians 
                        and pedestrian crossing islands.
                          (xxviii) An infrastructure safety 
                        project not described in clauses (i) 
                        through (xxvii).

           *       *       *       *       *       *       *

          [(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)] (10) 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)] (11) 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)] (12) 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.

           *       *       *       *       *       *       *

  (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)] subsection (a)(11) and (d);

           *       *       *       *       *       *       *

  (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)] subsection 
                        (a)(11); and

           *       *       *       *       *       *       *

  (g) Special Rules.--
          (1) High-risk rural road safety.--If the fatality 
        rate on rural roads in a State [increases] does not 
        decrease over the most recent 2-year period for which 
        data are available, and exceeds the national fatality 
        rate on rural roads, 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.

           *       *       *       *       *       *       *

  (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] safety 
performance targets of the State established under section 
150(d), 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 safetyperformance 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 
        safetyperformance 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.

           *       *       *       *       *       *       *

  (k) Data Collection on Unpaved Public Roads.--
          (1) In general.--A State may elect not to collect 
        fundamental data elements for the model inventory of 
        roadway elements on public roads that are gravel roads 
        or otherwise unpaved if--
                  (A)(i) more than 45 percent of the public 
                roads in the State are gravel roads or 
                otherwise unpaved; and
                  (ii) less than 10 percent of fatalities in 
                the State occur on those unpaved public roads; 
                or
                  (B)(i) more than 70 percent of the public 
                roads in the State are gravel roads or 
                otherwise unpaved; and
                  (ii) less than 25 percent of fatalities in 
                the State occur on those unpaved public roads.
          (2) Calculation.--The percentages described in 
        paragraph (1) shall be based on the average for the 5 
        most recent years for which relevant data is available.
          (3) Use of funds.--If a State elects not to collect 
        data on a road described in paragraph (1), the State 
        shall not use funds provided to carry out this section 
        for a project on that road until the State completes a 
        collection of the required model inventory of roadway 
        elements for the road.

Sec. 149. Congestion mitigation and air quality improvement program

  (a) Establishment.--The Secretary shall establish and 
implement a congestion mitigation and air quality improvement 
program in accordance with this section.
  (b) Eligible Projects.--Except as provided in subsection (d), 
a State may obligate funds apportioned to it under section 
104(b)(4) for the congestion mitigation and air quality 
improvement program only for a transportation project or 
program if the project or program is for an area in the State 
that is or was designated as a nonattainment area for ozone, 
carbon monoxide, or particulate matter under section 107(d) of 
the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant 
to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air 
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or 
was designated as a nonattainment area under such section 
107(d) after December 31, 1997, or is required to prepare, and 
file with the Administrator of the Environmental Protection 
Agency, maintenance plans under the Clean Air Act (42 U.S.C. 
7401 et seq.) and--
          (1)(A)(i) if the Secretary, after consultation with 
        the Administrator determines, on the basis of 
        information published by the Environmental Protection 
        Agency pursuant to section 108(f)(1)(A) of the Clean 
        Air Act (other than clause (xvi)) that the project or 
        program is likely to contribute to--
                  (I) the attainment of a national ambient air 
                quality standard in the designated 
                nonattainment area; or
                  (II) the maintenance of a national ambient 
                air quality standard in a maintenance area; and
          (ii) a high level of effectiveness in reducing air 
        pollution, in cases of projects or programs where 
        sufficient information is available in the database 
        established pursuant to subsection (h) to determine the 
        relative effectiveness of such projects or programs; 
        or,
          (B) in any case in which such information is not 
        available, if the Secretary, after such consultation, 
        determines that the project or program is part of a 
        program, method, or strategy described in such section 
        108(f)(1)(A);
          (2) if the project or program is included in a State 
        implementation plan that has been approved pursuant to 
        the Clean Air Act and the project will have air quality 
        benefits;
          (3) the Secretary, after consultation with the 
        Administrator of the Environmental Protection Agency, 
        determines that the project or program is likely to 
        contribute to the attainment or maintenance of a 
        national ambient air quality standard, whether through 
        reductions in vehicle miles traveled, fuel consumption, 
        or through other factors;
          (4) to establish or operate a traffic monitoring, 
        management, and control facility or program if the 
        Secretary, after consultation with the Administrator of 
        the Environmental Protection Agency, determines that 
        the facility or program, including advanced truck stop 
        electrification systems, is likely to contribute to the 
        [attainment of] attainment or maintenance of the area 
        of a national ambient air quality standard;
          (5) if the program or project improves traffic flow, 
        including projects to improve signalization, construct 
        high occupancy vehicle lanes, improve intersections, 
        add turning lanes, improve transportation systems 
        management and operations that mitigate congestion and 
        improve air quality, and implement intelligent 
        transportation system strategies and such other 
        projects that are eligible for assistance under this 
        section on the day before the date of enactment of this 
        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;
          (6) if the project or program involves the purchase 
        of integrated, interoperable emergency communications 
        equipment;
          (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
          (8) if the project or program is for--
                  (A) the purchase of diesel retrofits that 
                are--
                          (i) for motor vehicles (as defined in 
                        section 216 of the Clean Air Act (42 
                        U.S.C. 7550)); or
                          (ii) verified technologies (as 
                        defined in section 791 of the Energy 
                        Policy Act of 2005 (42 U.S.C. 16131)) 
                        for non-road vehicles and non-road 
                        engines (as defined in section 216 of 
                        the Clean Air Act (42 U.S.C. 7550)) 
                        that are used in construction projects 
                        or port-related freight operations that 
                        are--
                                  (I) located in nonattainment 
                                or maintenance areas for ozone, 
                                PM10, or 
                                PM2.5 (as defined 
                                under the Clean Air Act (42 
                                U.S.C. 7401 et seq.)); and
                                  (II) funded, in whole or in 
                                part, under this title or 
                                chapter 53 of title 49; or
                  (B) the conduct of outreach activities that 
                are designed to provide information and 
                technical assistance to the owners and 
                operators of diesel equipment and vehicles 
                regarding the purchase and installation of 
                diesel retrofits.
  (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 (giving priority 
        to corridors designated under section 151) 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.
  (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 would otherwise be eligible 
                under subsection (b) if the project were 
                carried out in a nonattainment or maintenance 
                area or 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] MAP-21;\12\ bears to
---------------------------------------------------------------------------
    \12\So in original. Probably should be MAP-21;".
---------------------------------------------------------------------------
                          (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 , in a manner 
        consistent with the approach that was in effect on the 
        day before the date of enactment of MAP-21, the amount 
        such State is permitted to obligate in any area of the 
        State for projects eligible under section 133.

           *       *       *       *       *       *       *

  (g) Cost-Effective Emission Reduction Guidance.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Administrator.--The term 
                ``Administrator'' means the Administrator of 
                the Environmental Protection Agency.
                  (B) Diesel retrofit.--The term ``diesel 
                retrofit'' means a replacement, repowering, 
                rebuilding, after treatment, or other 
                technology, as determined by the Administrator.
          (2) Emission reduction guidance.--The Administrator, 
        in consultation with the Secretary, shall publish a 
        list of diesel retrofit technologies and supporting 
        technical information for--
                  (A) diesel emission reduction technologies 
                certified or verified by the Administrator, the 
                California Air Resources Board, or any other 
                entity recognized by the Administrator for the 
                same purpose;
                  (B) diesel emission reduction technologies 
                identified by the Administrator as having an 
                application and approvable test plan for 
                verification by the Administrator or the 
                California Air Resources Board that is 
                submitted [not later that] not later than 18 
                months of the date of enactment of this 
                subsection;
                  (C) available information regarding the 
                emission reduction effectiveness and cost 
                effectiveness of technologies identified in 
                this paragraph, taking into consideration air 
                quality and health effects.
          (3) Priority consideration.--[States and 
        metropolitan]
                  (A) In general.--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] reduce 
                directly emitted PM2.5, including diesel 
                retrofits.
                  (B) Use of priority funding.--To the maximum 
                extent practicable, PM2.5 priority funding 
                shall be used on the most cost-effective 
                projects and programs that are proven to reduce 
                directly emitted fine particulate matter.

           *       *       *       *       *       *       *

  (k) Priority for Use of Funds in PM2.5 Areas.--
          (1) In general.--For any State [that has a 
        nonattainment or maintenance area] that has 1 or more 
        nonattainment or maintenance areas 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] the 
        nonattainment or maintenance areas that are based all 
        or in part on the weighted population of [such area] 
        such areas in fine particulate matter nonattainment 
        shall be obligated to projects that reduce [such fine 
        particulate] directly-emitted fine particulate matter 
        emissions in [such area] such areas, 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] transportation construction project 
        within a PM2.5 nonattainment or maintenance area.
          (3) Pm2.5 nonattainment and maintenance in low 
        population density states.--
                  (A) Exception.--In any State with a 
                population density of [75] 80 or fewer persons 
                per square mile of land area, based on the most 
                recent decennial census, the requirements under 
                subsection (g)(3) and paragraphs (1) and (2) of 
                this subsection shall not apply to a 
                nonattainment or maintenance area in the State 
                if--
                          (i) the nonattainment or maintenance 
                        area does not have projects that are 
                        part of the emissions analysis of a 
                        metropolitan transportation plan or 
                        transportation improvement program; and
                          (ii) regional motor vehicle emissions 
                        are an insignificant contributor to the 
                        air quality problem for PM2.5 in the 
                        nonattainment or maintenance area.
                  (B) Calculation.--If subparagraph (A) applies 
                to a nonattainment or maintenance area in a 
                State, the percentage of the PM2.5 set-aside 
                under paragraph (1) shall be reduced for that 
                State proportionately based on the weighted 
                population of the area in fine particulate 
                matter nonattainment.
          (4) Port-related equipment and vehicles.--To meet the 
        requirements under paragraph (1), a State or 
        metropolitan planning organization may elect to 
        obligate funds to the most cost-effective projects to 
        reduce emissions from port-related landside nonroad or 
        on-road equipment that is operated within the 
        boundaries of 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 
                air quality and traffic congestion 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)] section 104(b)(4) 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 for which CMAQ funding was made available, 
obligated or expended in fiscal year 2012, and shall have no 
imposed time limitation.

           *       *       *       *       *       *       *


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.--* * *

           *       *       *       *       *       *       *

  (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[;] .

           *       *       *       *       *       *       *


Sec. 151. National electric vehicle charging and natural gas fueling 
                    corridors

  (a) In General.--Not later than 1 year after the date of 
enactment of the DRIVE Act, the Secretary shall designate 
national electric vehicle charging and natural gas fueling 
corridors that identify the near- and long-term need for, and 
location of, electric vehicle charging infrastructure and 
natural gas fueling infrastructure at strategic locations along 
major national highways to improve the mobility of passenger 
and commercial vehicles that employ electric and natural gas 
fueling technologies across the United States.
  (b) Designation of Corridors.--In designating the corridors 
under subsection (a), the Secretary shall--
          (1) solicit nominations from State and local 
        officials for facilities to be included in the 
        corridors;
          (2) incorporate existing electric vehicle charging 
        and natural gas fueling corridors designated by a State 
        or group of States; and
          (3) consider the demand for, and location of, 
        existing electric vehicle charging and natural gas 
        fueling infrastructure.
  (c) Stakeholders.--In designating corridors under subsection 
(a), the Secretary shall involve, on a voluntary basis, 
stakeholders that include--
          (1) the heads of other Federal agencies;
          (2) State and local officials;
          (3) representatives of--
                  (A) energy utilities;
                  (B) the electric and natural gas vehicle 
                industries;
                  (C) the freight and shipping industry;
                  (D) clean technology firms;
                  (E) the hospitality industry;
                  (F) the restaurant industry; and
                  (G) highway rest stop vendors; and
          (4) such other stakeholders as the Secretary 
        determines to be necessary.
  (d) Redesignation.--Not later than 5 years after the date of 
establishment of the corridors under subsection (a), and every 
5 years thereafter, the Secretary shall update and redesignate 
the corridors.
  (e) Report.--During designation and redesignation of the 
corridors under this section, the Secretary shall issue a 
report that--
          (1) identifies electric vehicle charging and natural 
        gas fueling infrastructure and standardization needs 
        for electricity providers, natural gas providers, 
        infrastructure providers, vehicle manufacturers, 
        electricity purchasers, and natural gas purchasers; and
          (2) establishes an aspirational goal of achieving 
        strategic deployment of electric vehicle charging and 
        natural gas fueling infrastructure in those corridors 
        by the end of fiscal year 2021.

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Sec. 153. Use of safety belts and motorcycle helmets

  (a) Authority To Make Grants.--The Secretary may make grants 
to a State in a fiscal year in accordance with this section if 
the State has in effect in such fiscal year--
          (1) * * *

           *       *       *       *       *       *       *

  (h) Penalty.--
          (1) Prior to fiscal year 2012.--If, at any time in a 
        fiscal year beginning after September 30, 1994, and 
        before October 1, 2011, a State does not have in effect 
        a law described in subsection (a)(2), the Secretary 
        shall transfer 3 percent of the funds apportioned to 
        the State for the succeeding fiscal year under each of 
        subsections (b)(1), (b)(2), and (b)(3) of section 104 
        of this title to the apportionment of the State under 
        section 402 of this title.
          (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)] paragraphs (1), (2), and 
        (4) of section 104(b) to the apportionment of the State 
        under section 402.

           *       *       *       *       *       *       *


Sec. 163. Safety incentives to prevent operation of motor vehicles by 
                    intoxicated persons

  (a) General Authority.--* * *
  (f) Authorization of Appropriations.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

          (2) Availability of funds.--Notwithstanding section 
        [118(b)(2)] 118(b), the funds authorized by this 
        subsection shall remain available until expended.

           *       *       *       *       *       *       *


Sec. 164. Minimum penalties for repeat offenders for driving while 
                    intoxicated or driving under the influence

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Alcohol concentration.--The term ``alcohol 
        concentration'' means grams of alcohol per 100 
        milliliters of blood or grams of alcohol per 210 liters 
        of breath.
          (2) Driving while intoxicated; driving under the 
        influence.--The terms ``driving while intoxicated'' and 
        ``driving under the influence'' mean driving or being 
        in actual physical control of a motor vehicle while 
        having an alcohol concentration above the permitted 
        limit as established by each State.
          (3) Motor vehicle.--The term ``motor vehicle'' means 
        a vehicle driven or drawn by mechanical power and 
        manufactured primarily for use on public highways, but 
        does not include a vehicle operated solely on a rail 
        line or a commercial vehicle.
          (4) Repeat intoxicated driver law.--The term ``repeat 
        intoxicated driver law'' means a State law or 
        combination of laws that provides, as a minimum 
        penalty, that an individual convicted of a second or 
        subsequent offense for driving while intoxicated or 
        driving under the influence after a previous conviction 
        for that offense shall--

           *       *       *       *       *       *       *


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)* * *

           *       *       *       *       *       *       *

  (c) Territorial Highway Program.--
          (1) Territory defined.--* * *

           *       *       *       *       *       *       *

          (7) Location of projects.--Territorial highway 
        program projects (other than those described in 
        [paragraphs (2), (4), (7), (8), (14), and (19)] 
        paragraphs (2), (4), (6), (7), and (14) of section 
        133(b)) may not be undertaken on roads functionally 
        classified as local.

           *       *       *       *       *       *       *


Sec. 166. HOV facilities

  (a) In General.--
          (1) Authority of State agencies.--A State agency that 
        has jurisdiction over the operation of a HOV facility 
        shall establish the occupancy requirements of vehicles 
        operating on the facility.
          (2) Occupancy requirement.--Except as otherwise 
        provided by this section, no fewer than two occupants 
        per vehicle may be required for use of a HOV facility.
  (b) Exceptions.--
          (1) In general.--Notwithstanding the occupancy 
        requirement of subsection (a)(2), the exceptions in 
        paragraphs (2) through (5) shall apply with respect to 
        a State agency operating a HOV facility.
          (2) Motorcycles and bicycles.--
                  (A) In general.--Subject to subparagraph (B), 
                the State agency shall allow motorcycles and 
                bicycles to use the HOV facility.
                  (B) Safety exception.--
                          (i) In general.--A State agency may 
                        restrict use of the HOV facility by 
                        motorcycles or bicycles (or both) if 
                        the agency certifies to the Secretary 
                        that such use would create a safety 
                        hazard and the Secretary accepts the 
                        certification.
                          (ii) Acceptance of certification.--
                        The Secretary may accept a 
                        certification under this subparagraph 
                        only after the Secretary publishes 
                        notice of the certification in the 
                        Federal Register and provides an 
                        opportunity for public comment.
          (3) Public transportation vehicles.--The State agency 
        may allow public transportation vehicles to use the HOV 
        facility if the agency--
                  (A) establishes requirements for clearly 
                identifying the vehicles; and
                  (B) establishes procedures for enforcing the 
                restrictions on the use of the facility by the 
                vehicles.
          [(4) High occupancy toll vehicles.--The State agency 
        may allow vehicles not otherwise exempt pursuant to 
        this subsection to use the HOV facility if the 
        operators of the vehicles pay a toll charged by the 
        agency for use of the facility and the agency--
                  [(A) establishes a program that addresses how 
                motorists can enroll and participate in the 
                toll program;
                  [(B) develops, manages, and maintains a 
                system that will automatically collect the 
                toll; and
                  [(C) establishes policies and procedures to--
                          [(i) manage the demand to use the 
                        facility by varying the toll amount 
                        that is charged; and
                          [(ii) enforce violations of use of 
                        the facility.]
          (4) High occupancy toll vehicles.--
                  (A) In general.--The State agency may allow 
                vehicles not otherwise exempt under this 
                subsection to use the HOV facility if the 
                operators of the vehicles pay a toll charged by 
                the agency for use of the facility and the 
                agency--
                          (i) establishes a program that 
                        addresses how motorists can enroll and 
                        participate in the toll program;
                          (ii) in the case of a high occupancy 
                        vehicle facility that affects a 
                        metropolitan area, submits to the 
                        Secretary a written statement that the 
                        metropolitan planning organization 
                        designated under section 134 for the 
                        area has been consulted concerning the 
                        placement and amount of tolls on the 
                        converted facility;
                          (iii) develops, manages, and 
                        maintains a system that will 
                        automatically collect the toll; and
                          (iv) establishes policies and 
                        procedures--
                                  (I) to manage the demand to 
                                use the facility by varying the 
                                toll amount that is charged;
                                  (II) to enforce violations of 
                                the use of the facility; and
                                  (III) to ensure that private 
                                motorcoaches that serve the 
                                public are provided access to 
                                the facility under the same 
                                rates, terms, and conditions, 
                                as public transportation buses 
                                in the State.
                  (B) Exemption from tolls.--In levying a toll 
                on a facility under subparagraph (A), a State 
                agency may--
                          (i) designate classes of vehicles 
                        that are exempt from the toll; and
                          (ii) charge different toll rates for 
                        different classes of vehicles.
          (5) Low emission and energy-efficient vehicles.--
                  [(A) Inherently low emission vehicle.--Before 
                September 30, 2017, the State agency may allow 
                vehicles that are certified as inherently low-
                emission vehicles pursuant to section 88.311-93 
                of title 40, Code of Federal Regulations (or 
                successor regulations), and are labeled in 
                accordance with section 88.312-93 of such title 
                (or successor regulations), to use the HOV 
                facility if the agency establishes procedures 
                for enforcing the restrictions on the use of 
                the facility by the vehicles.]
                  (A) Inherently low emission vehicle.--If a 
                State agency establishes procedures for 
                enforcing the restrictions on the use of a HOV 
                facility by vehicles described in clauses (i) 
                and (ii), the State agency may allow the use of 
                the HOV facility by--
                          (i) alternative fuel vehicles; and
                          (ii) any motor vehicle described in 
                        section 30D(d)(1) of the Internal 
                        Revenue Code of 1986.

           *       *       *       *       *       *       *

  (c) Requirements Applicable to Tolls.--
          (1) In general.--[Tolls] Notwithstanding section 301, 
        tolls may be charged under paragraphs (4) and (5) of 
        subsection (b) [notwithstanding section 301 and, except 
        as provided in paragraphs (2) and (3)], subject to the 
        requirements of section 129.
          [(2) HOV facilities on the interstate system.--
        Notwithstanding section 129, tolls may be charged under 
        paragraphs (4) and (5) of subsection (b) on a HOV 
        facility on the Interstate System.
          [(3)] (2) Toll revenue.--Toll revenue collected under 
        this section is subject to the requirements of section 
        129(a)(3).]
  (d) HOV Facility Management, Operation, Monitoring, and 
Enforcement.--
          (1) In general.--A State agency that allows vehicles 
        to use a HOV facility under paragraph (4) or (5) of 
        subsection (b) 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 
        to the Secretary that the agency will carry out the 
        following responsibilities with respect to the 
        facility:
                  (A) Establishing, managing, and supporting a 
                performance monitoring, evaluation, and 
                reporting program for the facility that 
                provides for continuous monitoring, assessment, 
                and reporting on the impacts that the vehicles 
                may have on the operation of the facility and 
                adjacent highways and submitting to the 
                Secretary annual reports of those impacts.
                  (B) Establishing, managing, and supporting an 
                enforcement program that ensures that the 
                facility is being operated in accordance with 
                the requirements of this section.
                  (C) Limiting or discontinuing the use of the 
                facility by the vehicles whenever the operation 
                of the facility is degraded.
                  [(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.]
                  (D) Maintenance of operating performance.--
                          (i) Submission of plan.--Not later 
                        than 180 days after the date on which a 
                        facility is degraded under paragraph 
                        (2), the State agency with jurisdiction 
                        over the facility shall submit to the 
                        Secretary for approval a plan that 
                        details the actions the State agency 
                        will take to 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.
                          (ii) Notice of approval or 
                        disapproval.--Not later than 60 days 
                        after the date of receipt of a plan 
                        under clause (i), the Secretary shall 
                        provide to the State agency a written 
                        notice indicating whether the Secretary 
                        has approved or disapproved the plan 
                        based on a determination of whether the 
                        implementation of the plan will bring 
                        the HOV facility into compliance.
                          (iii) Biannual progress updates.--
                        Until the date on which the Secretary 
                        determines that the State agency has 
                        brought the HOV facility into 
                        compliance with this subsection, the 
                        State agency shall submit biannual 
                        updates that describe--
                                  (I) the actions taken to 
                                bring the HOV facility into 
                                compliance; and
                                  (II) the progress made by 
                                those actions.
                  (E) Compliance.--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, if--
                          (i) the State agency fails to submit 
                        an approved action plan under 
                        subparagraph (D) to bring a degraded 
                        facility into compliance; or
                          (ii) after the State submits and the 
                        Secretary approves an action plan under 
                        subparagraph (D), the Secretary 
                        determines that, on a date that is not 
                        earlier than 1 year after the approval 
                        of the action plan, the State agency is 
                        not making significant progress toward 
                        bringing the HOV facility into 
                        compliance with the minimum average 
                        operating speed performance standard.

           *       *       *       *       *       *       *


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\14\
---------------------------------------------------------------------------
    \14\So in original.
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          [(6) to improve the economic efficiency of the 
        national freight network.\14\
          [(7) to reduce the environmental impacts of freight 
        movement on the national freight network;\14\
  [(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.]

           *       *       *       *       *       *       *


Sec. 167. National freight program

  (a) Establishment.--
          (1) In general.--It is the policy of the United 
        States to improve the condition and performance of the 
        national highway 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).
          (2) Establishment.--In support of the goals described 
        in subsection (b), the Secretary shall establish a 
        national freight program in accordance with this 
        section to improve the efficient movement of freight on 
        the national highway freight network.
  (b) Goals.--The goals of the national freight program are--
          (1) to invest in infrastructure improvements and to 
        implement operational improvements on the highways of 
        the United States that--
                  (A) strengthen the contribution of the 
                national highway freight network to the 
                economic competitiveness of the United States;
                  (B) reduce congestion and relieve bottlenecks 
                in the freight transportation system;
                  (C) reduce the cost of freight 
                transportation;
                  (D) improve the reliability of freight 
                transportation; and
                  (E) increase productivity, particularly for 
                domestic industries and businesses that create 
                high-value jobs;
          (2) to improve the safety, security, efficiency, and 
        resiliency of freight transportation in rural and urban 
        areas;
          (3) to improve the state of good repair of the 
        national highway freight network;
          (4) to use advanced technology to improve the safety 
        and efficiency of the national highway freight network;
          (5) to incorporate concepts of performance, 
        innovation, competition, and accountability into the 
        operation and maintenance of the national highway 
        freight network;
          (6) to improve the efficiency and productivity of the 
        national highway freight network; and
          (7) to reduce the environmental impacts of freight 
        movement.
  (c) Establishment of a National Highway Freight Network.--
          (1) In general.--The Secretary shall establish a 
        national highway 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.
          (2) Network components.--The national highway freight 
        network shall consist of--
                  (A) the primary highway freight system, as 
                designated under subsection (d);
                  (B) critical rural freight corridors 
                established under subsection (e);
                  (C) critical urban freight corridors 
                established under subsection (f); and
                  (D) the portions of the Interstate System not 
                designated as part of the primary highway 
                freight system, including designated future 
                Interstate System routes as of the date of 
                enactment of the DRIVE Act.
  (d) Designation and Redesignation of the Primary Highway 
Freight System.--
          (1) Initial designation of primary highway freight 
        system.--The initial designation of the primary highway 
        freight system shall be--
                  (A) the network designated by the Secretary 
                under section 167(d) of title 23, United States 
                Code, as in effect on the day before the date 
                of enactment of the DRIVE Act; and
                  (B) all National Highway System freight 
                intermodal connectors.
          (2) Redesignation of primary highway freight 
        system.--
                  (A) In general.--Beginning on the date that 
                is 1 year after the date of enactment of the 
                DRIVE Act and every 5 years thereafter, using 
                the designation factors described in 
                subparagraph (E), the Secretary shall 
                redesignate the primary highway freight system 
                (including any additional mileage added to the 
                primary highway freight system under this 
                paragraph as of the date on which the 
                redesignation process is effective).
                  (B) Mileage.--
                          (i) First redesignation.--In 
                        redesignating the primary highway 
                        freight system on the date that is 1 
                        year after the date of enactment of the 
                        DRIVE Act, the Secretary shall limit 
                        the system to 30,000 centerline miles, 
                        without regard to the connectivity of 
                        the primary highway freight system.
                          (ii) Subsequent redesignations.--Each 
                        redesignation after the redesignation 
                        described in clause (i), the Secretary 
                        may increase the primary highway 
                        freight system by up to 5 percent of 
                        the total mileage of the system, 
                        without regard to the connectivity of 
                        the primary highway freight system.
                  (C) Considerations.--
                          (i) In general.--In redesignating the 
                        primary highway freight system, to the 
                        maximum extent practicable, the 
                        Secretary shall use measurable data to 
                        assess the significance of goods 
                        movement, including consideration of 
                        points of origin, destination, and 
                        linking components of the United States 
                        global and domestic supply chains.
                          (ii) Intermodal connectors.--In 
                        redesignating the primary highway 
                        freight system, the Secretary shall 
                        include all National Highway System 
                        freight intermodal connectors.
                  (D) Input.--In addition to the process 
                provided to State freight advisory committees 
                under paragraph (3), in redesignating the 
                primary highway freight system, the Secretary 
                shall provide an opportunity for State freight 
                advisory committees to submit additional miles 
                for consideration.
                  (E) Factors for redesignation.--In 
                redesignating the primary highway freight 
                system, the Secretary shall consider--
                          (i) the origins and destinations of 
                        freight movement in, to, and from the 
                        United States;
                          (ii) land and water ports of entry;
                          (iii) access to energy exploration, 
                        development, installation, or 
                        production areas;
                          (iv) proximity of access to other 
                        freight intermodal facilities, 
                        including rail, air, water, and 
                        pipelines;
                          (v) the total freight tonnage and 
                        value moved via highways;
                          (vi) significant freight bottlenecks, 
                        as identified by the Secretary;
                          (vii) the annual average daily truck 
                        traffic on principal arterials; and
                          (viii) the significance of goods 
                        movement on principal arterials, 
                        including consideration of global and 
                        domestic supply chains.
          (3) State flexibility for additional miles on primary 
        highway freight system.--
                  (A) In general.--Not later than 1 year after 
                each redesignation conducted by the Secretary 
                under paragraph (2), each State, under the 
                advisement of the State freight advisory 
                committee, as established in accordance with 
                subsection (n), may increase the number of 
                miles designated as part of the primary highway 
                freight system in that State by not more than 
                10 percent of the miles designated in that 
                State under this subsection if the additional 
                miles--
                          (i) close gaps between primary 
                        highway freight system segments;
                          (ii) establish connections of the 
                        primary highway freight system critical 
                        to the efficient movement of goods, 
                        including ports, international border 
                        crossings, airports, intermodal 
                        facilities, logistics centers, 
                        warehouses, and agricultural 
                        facilities; or
                          (iii) designate critical emerging 
                        freight routes.
                  (B) Considerations.--Each State, under the 
                advisement of the State freight advisory 
                committee that increases the number of miles on 
                the primary highway freight system under 
                subparagraph (A) shall--
                          (i) consider nominations for the 
                        additional miles from metropolitan 
                        planning organizations within the 
                        State;
                          (ii) ensure that the additional miles 
                        are consistent with the freight plan of 
                        the State; and
                          (iii) review the primary highway 
                        freight system of the State designated 
                        under paragraph (1) and redesignate 
                        miles in a manner that is consistent 
                        with paragraph (2).
                  (C) Submission.--Each State, under the 
                advisement of the State freight advisory 
                committee shall--
                          (i) submit to the Secretary a list of 
                        the additional miles added under this 
                        subsection; and
                          (ii) certify that--
                                  (I) the additional miles meet 
                                the requirements of 
                                subparagraph (A); and
                                  (II) the State, under the 
                                advisement of the State freight 
                                advisory committee has 
                                satisfied the requirements of 
                                subparagraph (B).
  (e) Critical Rural Freight Corridors.--A State may designate 
a public road within the borders of the State as a critical 
rural freight corridor if the public 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 (Federal Highway 
        Administration vehicle class 8 to 13);
          (2) provides access to energy exploration, 
        development, installation, or production areas;
          (3) connects the primary highway freight system, a 
        roadway described in paragraph (1) or (2), or the 
        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;
          (4) provides access to--
                  (A) a grain elevator;
                  (B) an agricultural facility;
                  (C) a mining facility;
                  (D) a forestry facility; or
                  (E) an intermodal facility;
          (5) connects to an international port of entry;
          (6) provides access to significant air, rail, water, 
        or other freight facilities in the State; or
          (7) is, in the determination of the State, vital to 
        improving the efficient movement of freight of 
        importance to the economy of the State.
  (f) Critical Urban Freight Corridors.--
          (1) Urbanized area with population of 500,000 or 
        more.--In an urbanized area with a population of 
        500,000 or more individuals, the representative 
        metropolitan planning organization, in consultation 
        with the State, may designate a public road within the 
        borders of that area of the State as a critical urban 
        freight corridor.
          (2) Urbanized area with a population less than 
        500,000.--In an urbanized area with a population of 
        less than 500,000 individuals, the State, in 
        consultation with the representative metropolitan 
        planning organization, may designate a public road 
        within the borders of that area of the State as a 
        critical urban freight corridor.
          (3) Requirements for designation.--A designation may 
        be made under paragraphs (1) or (2) if the public 
        road--
                  (A) is in an urbanized area, regardless of 
                population; and
                  (B)(i) connects an intermodal facility to--
                          (I) the primary highway freight 
                        network;
                          (II) the Interstate System; or
                          (III) an intermodal freight facility;
                  (ii) is located within a corridor of a route 
                on the primary highway freight network and 
                provides an alternative highway option 
                important to goods movement;
                  (iii) serves a major freight generator, 
                logistic center, or manufacturing and warehouse 
                industrial land; or
                  (iv) is important to the movement of freight 
                within the region, as determined by the 
                metropolitan planning organization or the 
                State.
  (g) Designation and Certification.--
          (1) Designation.--States and metropolitan planning 
        organizations may designate corridors under subsections 
        (e) and (f) and submit the designated corridors to the 
        Secretary on a rolling basis.
          (2) Certification.--Each State or metropolitan 
        planning organization that designates a corridor under 
        subsection (e) or (f) shall certify to the Secretary 
        that the designated corridor meets the requirements of 
        the applicable subsection.
  (h) National Freight Strategic Plan.--
          (1) Initial development of national freight strategic 
        plan.--Not later than 3 years after the date of 
        enactment of the DRIVE Act, the Secretary, in 
        consultation with State departments of transportation, 
        metropolitan planning organizations, and other 
        appropriate public and private transportation 
        stakeholders, shall develop and post on the public 
        website of the Department of Transportation a national 
        freight strategic plan that includes--
                  (A) an assessment of the condition and 
                performance of the national highway freight 
                network;
                  (B) an identification of highway bottlenecks 
                on the national highway freight network that 
                create significant freight congestion 
                (including congestion on other nonhighway 
                freight routes) based on a quantitative 
                methodology developed by the Secretary, which 
                shall, at a minimum, include--
                          (i) information from the Freight 
                        Analysis Framework 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, based on 
                the most recent data available, for the 10- and 
                20-year period beginning in the year during 
                which the plan is issued;
                  (D) an identification of major trade gateways 
                and national freight corridors, including 
                nonhighway 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 highway 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 on multistate projects;
                  (J) identification of locations or areas with 
                high crash rates or congestion involving 
                freight traffic, and strategies to address 
                those issues; and
                  (K) 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 public website of the 
        Department of Transportation a revised national freight 
        strategic plan.
  (i) Highway Freight Transportation Conditions and Performance 
Reports.--Not later than 2 years after the date of enactment of 
the DRIVE Act and biennially thereafter, the Secretary shall 
prepare and submit to Congress a report that describes the 
conditions and performance of the national highway freight 
network in the United States.
  (j) Transportation Investment Data and Planning Tools.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the DRIVE Act, the Secretary shall--
                  (A) begin development of new tools and 
                improvement of 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 on a 
                        national and regional basis;
                          (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;
                          (iii) improved methods for data 
                        collection and trend analysis;
                          (iv) encouragement of public-private 
                        partnerships to carry out data sharing 
                        activities while maintaining the 
                        confidentiality of all proprietary 
                        data; and
                          (v) other tools 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 
        described in paragraph (1).
  (k) Use of Apportioned Funds.--
          (1) In general.--A State shall obligate funds 
        apportioned to the State under section 104(b)(5) to 
        improve the movement of freight on the national highway 
        freight network.
          (2) Formula.--The Secretary shall calculate for each 
        State the proportion that--
                  (A) the total mileage in the State designated 
                as part of the primary highway freight system; 
                bears to
                  (B) the total mileage of the primary highway 
                freight system in all States.
          (3) Use of funds.--
                  (A) States with high primary highway freight 
                system mileage.--If the proportion of a State 
                under paragraph (2) is greater than or equal to 
                3 percent, the State may obligate funds 
                apportioned to the State under section 
                104(b)(5) for projects on--
                          (i) the primary highway freight 
                        system;
                          (ii) critical rural freight 
                        corridors; and
                          (iii) critical urban freight 
                        corridors.
                  (B) States with low primary highway freight 
                system mileage.--If the proportion of a State 
                under paragraph (2) is less than 3 percent, the 
                State may obligate funds apportioned to the 
                State under section 104(b)(5) for projects on 
                any component of the national highway freight 
                network.
          (4) Freight planning.--Notwithstanding any other 
        provision of law, effective beginning 2 years after the 
        date of enactment of the DRIVE Act, a State may not 
        obligate funds apportioned to the State under section 
        104(b)(5) unless the State has--
                  (A) established a freight advisory committee 
                in accordance with subsection (n); and
                  (B) developed a freight plan in accordance 
                with subsection (o).
          (5) Eligibility.--
                  (A) In general.--Except as provided in this 
                subsection, for a project to be eligible for 
                funding under this section the project shall--
                          (i) contribute to the efficient 
                        movement of freight on the national 
                        highway freight network; and
                          (ii) be consistent with a freight 
                        investment plan included in a freight 
                        plan of the State that is in effect.
                  (B) Other projects.--A State may obligate not 
                more than 10 percent of the total apportionment 
                of the State under section 104(b)(5) for 
                projects--
                          (i) within the boundaries of public 
                        and private freight rail, water 
                        facilities (including ports), and 
                        intermodal facilities; and
                          (ii) that provide surface 
                        transportation infrastructure necessary 
                        to facilitate direct intermodal 
                        interchange, transfer, and access into 
                        and out of the facility.
                  (C) Eligible projects.--Funds apportioned to 
                the State under section 104(b)(5) for the 
                national freight program may be obligated to 
                carry out 1 or more of the following:
                          (i) Development phase activities, 
                        including planning, feasibility 
                        analysis, revenue forecasting, 
                        environmental review, preliminary 
                        engineering and design work, and other 
                        preconstruction activities.
                          (ii) Construction, reconstruction, 
                        rehabilitation, acquisition of real 
                        property (including land relating to 
                        the project and improvements to land), 
                        construction contingencies, acquisition 
                        of equipment, and operational 
                        improvements directly relating to 
                        improving system performance.
                          (iii) Intelligent transportation 
                        systems and other technology to improve 
                        the flow of freight, including 
                        intelligent freight transportation 
                        systems.
                          (iv) Efforts to reduce the 
                        environmental impacts of freight 
                        movement.
                          (v) Environmental and community 
                        mitigation of freight movement.
                          (vi) Railway-highway grade 
                        separation.
                          (vii) Geometric improvements to 
                        interchanges and ramps.
                          (viii) Truck-only lanes.
                          (ix) Climbing and runaway truck 
                        lanes.
                          (x) Adding or widening of shoulders.
                          (xi) Truck parking facilities 
                        eligible for funding under section 1401 
                        of MAP-21 (23 U.S.C. 137 note; Public 
                        Law 112-141).
                          (xii) Real-time traffic, truck 
                        parking, roadway condition, and 
                        multimodal transportation information 
                        systems.
                          (xiii) Electronic screening and 
                        credentialing systems for vehicles, 
                        including weigh-in-motion truck 
                        inspection technologies.
                          (xiv) Traffic signal optimization, 
                        including synchronized and adaptive 
                        signals.
                          (xv) Work zone management and 
                        information systems.
                          (xvi) Highway ramp metering.
                          (xvii) Electronic cargo and border 
                        security technologies that improve 
                        truck freight movement.
                          (xviii) Intelligent transportation 
                        systems that would increase truck 
                        freight efficiencies inside the 
                        boundaries of intermodal facilities.
                          (xix) Additional road capacity to 
                        address highway freight bottlenecks.
                          (xx) A highway project, other than a 
                        project described in clauses (i) 
                        through (xix), to improve the flow of 
                        freight on the national highway freight 
                        network.
                          (xxi) Any other surface 
                        transportation project to improve the 
                        flow of freight into and out of a 
                        facility described in subparagraph (B).
          (6) Other eligible costs.--In addition to the 
        eligible projects identified in paragraph (5), a State 
        may use funds apportioned under section 104(b)(5) for--
                  (A) carrying out diesel retrofit or 
                alternative fuel projects under section 149 for 
                class 8 vehicles; and
                  (B) the necessary costs of--
                          (i) conducting analyses and data 
                        collection related to the national 
                        freight program;
                          (ii) developing and updating 
                        performance targets to carry out this 
                        section; and
                          (iii) reporting to the Secretary to 
                        comply with section 150.
          (7) Applicability of planning requirements.--
        Programming and expenditure of funds for projects under 
        this section shall be consistent with the requirements 
        of sections 134 and 135.
  (l) State Performance Targets.--If the Secretary determines 
that a State has not met or made significant progress toward 
meeting the performance targets related to freight movement 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, until the date on which the Secretary determines that 
the State has met or has made significant progress towards 
meeting the performance targets, the State shall submit to the 
Secretary, on a biennial basis, a freight performance 
improvement plan that includes--
          (1) an identification of significant freight system 
        trends, needs, and issues within the State;
          (2) a description of the freight policies and 
        strategies that will guide the freight-related 
        transportation investments of the State;
          (3) an inventory of freight bottlenecks within the 
        State and a description of the ways in which the State 
        is allocating the national freight program funds to 
        improve those bottlenecks; and
          (4) a description of the actions the State will 
        undertake to meet the performance targets of the State.
  (m) Study of Multimodal Projects.--Not later than 2 years 
after the date of enactment of the DRIVE Act, the Secretary 
shall submit to Congress a report that contains--
          (1) a study of freight projects identified in State 
        freight plans under subsection (o); and
          (2) an evaluation of multimodal freight projects 
        included in the State freight plans, or otherwise 
        identified by States, that are subject to the 
        limitation of funding for such projects under this 
        section.
  (n) State Freight Advisory Committees.--
          (1) In general.--Each State shall 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.
          (2) Role of committee.--A freight advisory committee 
        of a State described in paragraph (1) shall--
                  (A) advise the State on freight-related 
                priorities, issues, projects, and funding 
                needs;
                  (B) serve as a forum for discussion for State 
                transportation decisions affecting freight 
                mobility;
                  (C) communicate and coordinate regional 
                priorities with other organizations;
                  (D) promote the sharing of information 
                between the private and public sectors on 
                freight issues; and
                  (E) participate in the development of the 
                freight plan of the State described in 
                subsection (o).
  (o) State Freight Plans.--
          (1) In general.--Each State shall 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.
          (2) Plan contents.--A freight plan described in 
        paragraph (1) shall include, at a minimum--
                  (A) an identification of significant freight 
                system trends, needs, and issues with respect 
                to the State;
                  (B) a description of the freight policies, 
                strategies, and performance measures that will 
                guide the freight-related transportation 
                investment decisions of the State;
                  (C) when applicable, a listing of critical 
                rural and urban freight corridors designated 
                within the State under this section;
                  (D) a description of how the plan will 
                improve the ability of the State to meet the 
                national freight goals established under 
                subsection (b);
                  (E) evidence of consideration of innovative 
                technologies and operational strategies, 
                including intelligent transportation systems, 
                that improve the safety and efficiency of 
                freight movement;
                  (E) a description of how innovative 
                technologies and operational strategies, 
                including intelligent transportation systems, 
                that improve the safety and efficiency of 
                freight movement, were considered;
                  (F) 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;
                  (G) 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;
                  (H) consideration of any significant 
                congestion or delay caused by freight movements 
                and any strategies to mitigate that congestion 
                or delay; and
                  (I) a freight investment plan that, subject 
                to paragraph (3)(B), includes a list of 
                priority projects and describes how funds made 
                available to carry out this section would be 
                invested and matched.
          (3) Relationship to long-range plan.--
                  (A) Incorporation.--A freight plan described 
                in paragraph (1) may be developed separately 
                from or incorporated into the statewide 
                strategic long-range transportation plan 
                required by section 135.
                  (B) Fiscal constraint.--The freight 
                investment plan component of a freight plan 
                shall include a project, or an identified phase 
                of a project, only if funding for completion of 
                the project can reasonably be anticipated to be 
                available for the project within the time 
                period identified in the freight investment 
                plan.
          (4) Planning period.--The freight plan shall address 
        a 10-year forecast period.
          (5) Updates.--
                  (A) In general.--A State shall update the 
                freight plan not less frequently than once 
                every 5 years.
                  (B) Freight investment plan.--A State may 
                update the freight investment plan more 
                frequently than is required under subparagraph 
                (A).
  (p) Intelligent Freight Transportation System.--
          (1) Definition of intelligent freight transportation 
        system.--In this section, the term `intelligent freight 
        transportation system' means--
                  (A) an innovative or intelligent 
                technological transportation system, 
                infrastructure, or facilities, including 
                electronic roads, driverless trucks, elevated 
                freight transportation facilities, and other 
                intelligent freight transportation systems; and
                  (B) a communications or information 
                processing system used singly or in combination 
                for dedicated intelligent freight lanes and 
                conveyances that improve the efficiency, 
                security, or safety of freight on the Federal-
                aid highway system or that operate to convey 
                freight or improve existing freight movements.
          (2) Location.--An intelligent freight transportation 
        system shall be located--
                  (A)(i) along existing Federal-aid highways; 
                or
                  (ii) in a manner that connects ports-of-entry 
                to existing Federal-aid highways; and
                  (B) in proximity to, or within, an existing 
                right-of-way on a Federal-aid highway.
          (3) Operating standards.--The Administrator of the 
        Federal Highway Administration shall determine the need 
        for establishing operating standards for intelligent 
        freight transportation systems.

           *       *       *       *       *       *       *


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.]

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) Lead agency.--The term `lead agency' has the 
        meaning given the term in section 139(a).
          (3) Planning product.--The term `planning product' 
        means a decision, analysis, study, or other documented 
        information that is the result of an evaluation or 
        decisionmaking process carried out by a metropolitan 
        planning organization or a State, as appropriate, 
        during metropolitan or statewide transportation 
        planning under section 134 or 135, respectively.
          (4) Project.--The term `project' 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 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.--If the Federal lead agency makes 
        a determination to adopt and use a planning product, 
        the Federal lead agency shall identify the agencies 
        that participated in the development of the planning 
        products.
          (3) Partial adoption of planning products.--The 
        Federal lead agency may--
                  (A) adopt an entire planning product under 
                paragraph (1); or
                  (B) select portions of a planning project 
                under paragraph (1) for adoption.
          (4) Timing.--A determination under paragraph (1) with 
        respect to the adoption of a planning product may--
                  (A) be made at the time the lead agencies 
                decide the appropriate scope of environmental 
                review for the project; or
                  (B) occur later in the environmental review 
                process, as appropriate.
  (c) Applicability.--
          (1) Planning decisions.--The lead agency in the 
        environmental review process may adopt decisions from a 
        planning product, including--
                  (A) whether tolling, private financial 
                assistance, or other special financial measures 
                are necessary to implement the project;
                  (B) a decision with respect to general travel 
                corridor or modal choice, including a decision 
                to implement corridor or subarea study 
                recommendations to advance different modal 
                solutions as separate projects with independent 
                utility;
                  (C) the purpose and the need for the proposed 
                action;
                  (D) preliminary screening of alternatives and 
                elimination of unreasonable alternatives;
                  (E) a basic description of the environmental 
                setting;
                  (F) a decision with respect to methodologies 
                for analysis; and
                  (G) an identification of programmatic level 
                mitigation for potential impacts of 
                transportation projects, including--
                          (i) measures to avoid, minimize, and 
                        mitigate impacts at a regional or 
                        national scale;
                          (ii) investments in regional 
                        ecosystem and water resources; and
                          (iii) a programmatic mitigation plan 
                        developed in accordance with section 
                        169.
          (2) Planning analyses.--The lead agency in the 
        environmental review process may adopt analyses from a 
        planning product, including--
                  (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 indirect and cumulative 
                effects on those resources; 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.--The lead agency in the environmental review 
process may adopt and use a planning product under this section 
if the lead agency determines, with the concurrence of other 
participating agencies with relevant expertise and project 
sponsors, as appropriate, 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 in 
        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) The planning process included public notice that 
        the planning products produced in the planning process 
        may be adopted during a subsequent environmental review 
        process in accordance with this section.
          (5) During the environmental review process, the lead 
        agency has--
                  (A) made the planning documents available for 
                public review and comment;
                  (B) provided notice of the intention of the 
                lead agency to adopt the planning product; and
                  (C) 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 and is incorporated in accordance with the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) and section 1502.21 of title 40, Code of 
        Federal Regulations (as in effect on the date of 
        enactment of the DRIVE Act).
  (e) Effect of Adoption.--Any planning product adopted by the 
Federal lead agency in accordance with this section may be--
          (1) incorporated directly into an environmental 
        review process document or other environmental 
        document; and
          (2) relied on and used by other Federal agencies in 
        carrying out reviews of the project.
  (f) Rules of Construction.--
          (1) In general.--This section does not 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 does not affect 
        the use of planning products in the environmental 
        review process pursuant to other authorities under any 
        other provision of law or restrict the initiation of 
        the environmental review process during planning.

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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] shall consider 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.) or other Federal environment law.

           *       *       *       *       *       *       *


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.

Sec. 171. Assistance for major projects program

  (a) Purpose of Program.--The purpose of the assistance for 
major projects program shall be to assist in funding critical 
high-cost surface transportation infrastructure projects that--
          (1) are difficult to complete with existing Federal, 
        State, local, and private funds; and
          (2) will achieve 1 or more of--
                  (A) generation of national or regional 
                economic benefits and an increase in the global 
                economic competitiveness of the United States;
                  (B) reduction of congestion and the impacts 
                of congestion;
                  (C) improvement of roadways vital to national 
                energy security;
                  (D) improvement of the efficiency, 
                reliability, and affordability of the movement 
                of freight;
                  (E) improvement of transportation safety;
                  (F) improvement of existing and designated 
                future Interstate System routes; or
                  (G) improvement of the movement of people 
                through improving rural connectivity and 
                metropolitan accessibility.
  (b) Definitions.--In this section:
          (1) Administrator.--The term `Administrator' means 
        the Administrator of the Federal Highway 
        Administration.
          (2) Eligible applicant.--The term `eligible 
        applicant' means--
                  (A) a State (or a group of States);
                  (B) a local government;
                  (C) a tribal government (or a consortium of 
                tribal governments);
                  (D) a transit agency;
                  (E) a special purpose district or a public 
                authority with a transportation function;
                  (F) a port authority;
                  (G) a political subdivision of a State or 
                local government;
                  (H) a Federal land management agency, jointly 
                with the applicable State; or
                  (I) a multistate or multijurisdictional group 
                of entities described in subparagraphs (A) 
                through (H).
          (3) Eligible project.--
                  (A) In general.--The term `eligible project' 
                means a surface transportation project, or a 
                program of integrated surface transportation 
                projects closely related in the function the 
                projects perform, that--
                          (i) is a capital project that is 
                        eligible for Federal financial 
                        assistance under--
                                  (I) this title; or
                                  (II) chapter 53 of title 49; 
                                and
                          (ii) except as provided in 
                        subparagraph (B), has eligible project 
                        costs that are reasonably anticipated 
                        to equal or exceed the lesser of--
                                  (I) $350,000,000; and
                                  (II)(aa) for a project 
                                located in a single State, [30] 
                                25 percent of the amount of 
                                Federal-aid highway funds 
                                apportioned to the State for 
                                the most recently completed 
                                fiscal year;
                                  (III) for a project located 
                                in a single rural State with a 
                                population density of [75] 80 
                                or fewer persons per square 
                                mile based on the most recent 
                                decennial census, 10 percent of 
                                the amount of Federal-aid 
                                highway funds apportioned to 
                                the State for the most recently 
                                completed fiscal year; or
                                  (IV) for a project located in 
                                more than 1 State, 75 percent 
                                of the amount of Federal-aid 
                                highway funds apportioned to 
                                the participating State that 
                                has the largest apportionment 
                                for the most recently completed 
                                fiscal year.
                  (B) Federal land transportation facility.--In 
                the case of a Federal land transportation 
                facility, the term `eligible project' means a 
                Federal land transportation facility that has 
                eligible project costs that are reasonably 
                anticipated to equal or exceed $150,000,000.
          (4) Eligible project costs.--The term `eligible 
        project costs' means the costs of--
                  (A) development phase activities, including 
                planning, feasibility analysis, revenue 
                forecasting, environmental review, preliminary 
                engineering and design work, and other 
                preconstruction activities; and
                  (B) construction, reconstruction, 
                rehabilitation, and acquisition of real 
                property (including land related to the project 
                and improvements to land), environmental 
                mitigation, construction contingencies, 
                acquisition of equipment directly related to 
                improving system performance, and operational 
                improvements.
          (5) Rural area.--The term `rural area' means an area 
        that is outside of an urbanized area with a population 
        greater than 150,000 individuals, as determined by the 
        Bureau of the Census.
          (6) Rural state.--The term `rural State' means a 
        State that has a population density of [75] 80 or fewer 
        persons per square mile, based on the most recent 
        decennial census.
  (c) Establishment of Program.--The Administrator shall 
establish a program in accordance with this section to provide 
grants for projects that will have a significant impact on a 
region or the Nation.
  (d) Solicitations and Applications.--
          (1) Grant solicitations.--The Administrator shall 
        conduct a transparent and competitive national 
        solicitation process to review eligible projects for 
        funding under this section.
          (2) Applications.--
                  (A) In general.--An eligible applicant 
                seeking a grant under this section shall submit 
                to the Administrator an application in such 
                form and containing such information as the 
                Administrator determines necessary, including 
                the total amount of the grant requested.
                  (B) Contents.--Each application submitted 
                under this paragraph shall include data on the 
                most recent system performance and estimated 
                system improvements that will result from 
                completion of the eligible project, including 
                projections for improvements 5, 10, and 20 
                years after completion of the project.
                  (C) Resubmission of applications.--An 
                eligible applicant whose project is not 
                selected under this section may resubmit an 
                application in a subsequent solicitation.
  (e) Criteria for Project Evaluation and Selection.--
          (1) In general.--The Administrator may select a 
        project for funding under this section only if the 
        Administrator determines that the project--
                  (A) is consistent with the national goals 
                described in section 150(b);
                  (B) will significantly improve the 
                performance of the national surface 
                transportation network, nationally or 
                regionally;
                  (C) is based on the results of preliminary 
                engineering;
                  (D) is consistent with the long-range 
                statewide transportation plan;
                  (E) cannot be readily and efficiently 
                completed without Federal financial assistance;
                  (F) is justified based on the ability of the 
                project to achieve 1 or more of--
                          (i) generation of national economic 
                        benefits that reasonably exceed the 
                        costs of the project;
                          (ii) reduction of long-term 
                        congestion, including impacts on a 
                        national, regional, and statewide 
                        basis;
                          (iii) an increase in the speed, 
                        reliability, and accessibility of the 
                        movement of people or freight; or
                          (iv) improvement of transportation 
                        safety, including reducing 
                        transportation accident and serious 
                        injuries and fatalities; and
                  (G) is supported by a sufficient amount of 
                non-Federal funding, including evidence of 
                stable and dependable financing to construct, 
                maintain, and operate the infrastructure 
                facility.
          (2) Additional considerations.--In evaluating a 
        project under this section, in addition to the criteria 
        described in paragraph (1), the Administrator shall 
        consider the extent to which the project--
                  (A) leverages Federal investment by 
                encouraging non-Federal contributions to the 
                project, including contributions from public-
                private partnerships;
                  (B) is able to begin construction by the date 
                that is not later than 18 months after the date 
                on which the project is selected;
                  (C) incorporates innovative project delivery 
                and financing to the maximum extent 
                practicable;
                  (D) helps maintain or protect the 
                environment;
                  (E) improves roadways vital to national 
                energy security;
                  (F) improves or upgrades designated future 
                Interstate System routes;
                  (G) uses innovative technologies, including 
                intelligent transportation systems, that 
                enhance the efficiency of the project; and
                  (H) helps to improve mobility and 
                accessibility.
  (f) Geographic Distribution.--In awarding grants under this 
section, the Administrator shall take measures to ensure, to 
the maximum extent practicable--
          (1) an equitable geographic distribution of amounts; 
        and
          (2) an appropriate balance in addressing the needs of 
        rural and urban communities.
  (g) Funding Requirements.--
          (1) In general.--Except in the case of projects 
        described in paragraph (2), the amount of a grant under 
        this section shall be at least $50,000,000.
          (2) Rural projects.--The amounts made available for a 
        fiscal year under this section for eligible projects 
        located in rural areas or in rural States shall not 
        be--
                  (A) less than 20 percent of the amount made 
                available for the fiscal year under this 
                section; and
                  (B) subject to paragraph (1).
          (3) Limitation of funds.--Not more than 20 percent of 
        the funds made available for a fiscal year to carry out 
        this section shall be allocated for projects eligible 
        under section 167(k)(5)(B) or chapter 53 of title 49.
          (4) State cap.--
                  (A) In general.--Not more than 20 percent of 
                the funds made available for a fiscal year to 
                carry out this section may be awarded to 
                projects in a single State.
                  (B) Exception for multistate projects.--For 
                purposes of the limitation described in 
                subparagraph (A), funds awarded for a 
                multistate project shall be considered to be 
                distributed evenly to each State.
          (5) TIFIA program.--On the request of an eligible 
        applicant under this section, the Administrator may use 
        amounts awarded to the entity to pay subsidy and 
        administrative costs necessary to provide the entity 
        Federal credit assistance under chapter 6 with respect 
        to the project for which the grant was awarded.
  (h) Grant Requirements.--
          (1) Applicability of planning requirements.--The 
        programming and expenditure of funds for projects under 
        this section shall be consistent with the requirements 
        of sections 134 and 135.
          (2) Determination of applicable modal requirements.--
        If an eligible project that receives a grant under this 
        section has a crossmodal component, the Administrator--
                  (A) shall determine the predominant modal 
                component of the project; and
                  (B) may apply the applicable requirements of 
                that predominant modal component to the 
                project.
  (i) Report to the Administrator.--For each project funded 
under this section, the project sponsor shall evaluate system 
performance and submit to the Administrator a report not later 
than 5, 10, and 20 years after completion of the project to 
assess whether the project outcomes have met preconstruction 
projections.
  (j) Congressional Approval.--
          (1) Submission of application.--Each eligible 
        applicant shall submit to the Administrator an 
        application in accordance with subsection (d)(2) at 
        such time as the Administrator determines to meet the 
        requirements of paragraph (2).
          (2) Submission to congress of proposed projects.--
                  (A) In general.--By January 1 of each fiscal 
                year, the Administrator shall submit to the 
                Committee on Environment and Public Works of 
                the Senate and the Committee on Transportation 
                and Infrastructure of the House of 
                Representatives a list of all of the projects 
                that meet the requirements of this section.
                  (B) Limitation.--The list submitted under 
                subparagraph (A) shall include a total 
                requested grant amount at least 2 times, but 
                not to exceed 4 times, the authorization level 
                of the program in each fiscal year.
          (3) Committee review.--Not later than 90 days after 
        the date of the receipt of the submission under 
        paragraph (2), each Committee described in subparagraph 
        (A) of that paragraph shall--
                  (A) select projects and determine the amounts 
                to be awarded to each project, not to exceed 
                the total authorization level of the program 
                for each fiscal year; and
                  (B) adopt a resolution making such 
                determination.
          (4) Congressional approval.--Projects shall be 
        awarded on congressional adoption of a joint resolution 
        based on the Committee action under paragraph (3).
          (5) Administrative approval.--
                  (A) In general.--The Administrator shall 
                award grants to eligible projects in a fiscal 
                year--
                          (i) if Congress does not adopt a 
                        joint resolution under paragraph (4) by 
                        the date that is 90 days after the date 
                        on which the first Committee adopts a 
                        resolution under paragraph (3)(B); or
                          (ii) if neither Committee acts in 
                        accordance with paragraph (3).
                  (B) Timing.--The Administrator shall award 
                grants under subparagraph (A) not later than 90 
                days after the date on which the relevant event 
                described in subparagraph (A) occurs.
  (k) Reports.--
          (1) In general.--The Administrator shall make 
        available on the website of the Federal Highway 
        Administration at the end of each fiscal year an annual 
        report that lists each project for which assistance has 
        been provided under this section during that fiscal 
        year.
          (2) Comptroller general.--
                  (A) Assessment.--The Comptroller General of 
                the United States shall conduct an assessment 
                of the establishment, solicitation, selection, 
                and justification process with respect to the 
                funding of projects under this section.
                  (B) Report.--Not later than 1 year after the 
                initial awarding of funding under this section, 
                the Comptroller General of the United States 
                shall submit to the Committee on Environment 
                and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives a report that 
                describes--
                          (i) the process by which each project 
                        was selected;
                          (ii) the criteria used for the 
                        selection of each project; and
                          (iii) the justification for the 
                        selection of each project based on the 
                        criteria described in subsection (e).

           *       *       *       *       *       *       *


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.--* * *

           *       *       *       *       *       *       *

  (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]
                          (i) In general.--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--]
                          (ii) Requirement.--Data collected to 
                        implement the tribal transportation 
                        program shall be in accordance with the 
                        Indian Self-Determination and Education 
                        Assistance Act (25 U.S.C. 450 et seq.).
                          (iii) Inclusions.--Data collected 
                        under this paragraph includes--''
                          [(i)] (I) inventory and condition 
                        information on Federal lands 
                        transportation facilities and tribal 
                        transportation facilities; and
                          [(ii)] (II) bridge inspection and 
                        inventory information on any Federal 
                        bridge open to the public.
                  (B) Standards.--The Secretary, in 
                coordination with the Secretaries 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.]
          (7) Cooperative research and technology deployment.--
        The Secretary may conduct cooperative research and 
        technology deployment in coordination with Federal land 
        management agencies, as determined appropriate by the 
        Secretary.
          (8) Funding.--
                  (A) In general.--To carry out the activities 
                described in this subsection for Federal lands 
                transportation facilities, Federal lands access 
                transportation facilities, and other federally 
                owned roads open to public travel (as that term 
                is defined in section 125(e)), the Secretary 
                shall combine and use not greater than 5 
                percent for each fiscal year of the funds 
                authorized for programs under sections 203 and 
                204.
                  (B) Other activities.--In addition to the 
                activities described in subparagraph (A), funds 
                described under that subparagraph may be used 
                for--
                          (i) bridge inspections on any 
                        federally owned bridge even if that 
                        bridge is not included on the inventory 
                        described under section 203; and
                          (ii) transportation planning 
                        activities carried out by Federal land 
                        management agencies eligible for 
                        funding under this chapter.
                  (C) Tribal data collection.--In addition to 
                the data to be collected under subparagraph 
                (A), not later than 90 days after the end of 
                each fiscal year, any entity carrying out a 
                project under the tribal transportation program 
                under section 202 shall submit to the Secretary 
                and the Secretary of Interior, based on 
                obligations and expenditures under the tribal 
                transportation program during the preceding 
                fiscal year, the following data:
                          (i) The names of projects or 
                        activities carried out by the entity 
                        under the tribal transportation program 
                        during the preceding fiscal year.
                          (ii) A description of the projects or 
                        activities identified under clause (i).
                          (iii) The current status of the 
                        projects or activities identified under 
                        clause (i).
                          (iv) An estimate of the number of 
                        jobs created and the number of jobs 
                        retained by the projects or activities 
                        identified under clause (i).

           *       *       *       *       *       *       *


Sec. 202. Tribal transportation program

  (a) Use of Funds.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

          (6) Administrative expenses.--Of the funds authorized 
        to be appropriated for the tribal transportation 
        program, not more than [6 percent] 5 percent may be 
        used by the Secretary or the Secretary of the Interior 
        for program management and oversight and project-
        related administrative expenses.

           *       *       *       *       *       *       *

  (b) Funds Distribution.--
          (1) National tribal transportation facility 
        inventory.--* * *

           *       *       *       *       *       *       *

          (3) Basis for funding formula.--
                  (A) Basis.--
                          (i) In general.--After making the set 
                        asides authorized under subparagraph 
                        (C) and subsections (a)(6), (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:

           *       *       *       *       *       *       *

                  (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).]] 
                                (III)\2\
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    \2\So in original. The closing bracket probably should not appear.

           *       *       *       *       *       *       *

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  (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] 3 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[;] ;and
                  (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.

           *       *       *       *       *       *       *


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] capital, operations, 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)] subparagrapg (A)(iv)(I).
          (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[.] 
                        ;
                          (vi) the Bureau of Reclamation; and
                          (vii) independent Federal agencies 
                        with natural resource and land 
                        management responsibilities.
          (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 
                performance management, including--
                          (i) the transportation goals of--
                                  (I) a state of good repair of 
                                transportation facilities;
                                  (II) a reduction of bridge 
                                deficiencies, and\4\
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    \4\So in original. The comma probably should be a semicolon.
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                                  (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:
                          (vi) The Bureau of Reclamation.

           *       *       *       *       *       *       *


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.]
  (a) Reservation of Funds.--
          (1) In general.--On October 1 of each fiscal year, 
        the Secretary shall set aside from the amount 
        determined for a State under section 104(c) an amount 
        determined for the State under paragraphs (2) and (3).
          (2) Total amount.--The total amount set aside for the 
        program under this section shall be $850,000,000 for 
        each fiscal year.
          (3) State share.--The Secretary shall distribute 
        among the States the total set-aside amount under 
        paragraph (2) so that each State receives an amount 
        equal to the proportion 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 MAP-21 (Public Law 112-141; 126 Stat. 405); 
                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.

           *       *       *       *       *       *       *

  (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] Funds reserved in 
                a State under this section shall be obligated 
                to any eligible entity in proportion to their 
                relative shares of the population of the 
                State--
                          [(i)] (A) in urbanized areas of the 
                        State with an urbanized area population 
                        of over 200,000;
                          [(ii)] (B) in areas of the State 
                        other than urban areas with a 
                        population [greater than 5,000] of 
                        5,000 or more; and
                          [(iii)] (C) 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)] paragraph 
        (1)(A) 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] The amount of funds that 
                a State is required to obligate under 
                [paragraph (1)(A)(i)] paragraph (1)(A) shall be 
                obligated in urbanized areas described in 
                [paragraph (1)(A)(i)] paragraph (1)(A) based on 
                the relative population of the areas.

           *       *       *       *       *       *       *

          (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) a nonprofit entity responsible 
                        for the administration of local 
                        transportation safety programs; and
                          [(vii)] (viii) 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]
                  (A) In general.--For funds reserved in a 
                State under this section and suballocated to a 
                metropolitan planning area under [paragraph 
                (1)(A)(i)] paragraph (1)(A), 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.
                  (B) No restriction on suballocation.--Nothing 
                in this section prevents a metropolitan 
                planning organization from further 
                suballocating funds within the boundaries of 
                the metropolitan planning area if a competitive 
                process is implemented for the award of the 
                suballocated funds.

           *       *       *       *       *       *       *

  (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.
  (h) Annual Reports.--
          (1) In general.--Each State or metropolitan planning 
        organization responsible for carrying out the 
        requirements of this section shall submit to the 
        Secretary an annual report that describes--
                  (A) the number of project applications 
                received for each fiscal year, including--
                          (i) the aggregate cost of the 
                        projects for which applications are 
                        received; and
                          (ii) the types of project to be 
                        carried out (as described in subsection 
                        (b)), expressed as percentages of the 
                        total apportionment of the State under 
                        subsection (a); and
                  (B) the number of projects selected for 
                funding for each fiscal year, including the 
                aggregate cost and location of projects 
                selected.
          (2) Public availability.--The Secretary shall make 
        available to the public, in a user-friendly format on 
        the website of the Department, a copy of each annual 
        report submitted under paragraph (1).
  (i) Expediting Infrastructure Projects.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this subsection, the Secretary shall 
        develop regulations or guidance relating to the 
        implementation of this section that encourages the use 
        of the programmatic approaches to environmental 
        reviews, expedited procurement techniques, and other 
        best practices to facilitate productive and timely 
        expenditure for projects that are small, low-impact, 
        and constructed within an existing built environment.
          (2) State processes.--The Secretary shall work with 
        State departments of transportation to ensure that any 
        regulation or guidance developed under paragraph (1) is 
        consistently implemented by States and the Federal 
        Highway Administration to avoid unnecessary delays in 
        implementing projects and to ensure the effective use 
        of Federal dollars.

           *       *       *       *       *       *       *


Sec. 217. Bicycle transportation and pedestrian walkways

  (a) Use of STP and Congestion Mitigation Program Funds.--
Subject to project approval by the Secretary, a State may 
obligate funds apportioned to it under sections 104(b)(2) and 
[104(b)(3)] 104(b)(4) of this title for construction of 
pedestrian walkways and bicycle transportation facilities and 
for carrying out nonconstruction projects related to safe 
bicycle use.

           *       *       *       *       *       *       *


Sec. 319. Landscaping and scenic enhancement

  (a) Landscape and Roadside Development.--The Secretary may 
approve as a part of the construction of Federal-aid highways 
the costs of landscape and roadside development, including 
acquisition and development of publicly owned and controlled 
rest and recreation areas and sanitary and other facilities 
reasonably necessary to accommodate the traveling public, and 
for acquisition of interests in and improvement of strips of 
land necessary for the restoration, preservation, and 
enhancement of scenic beauty (including the enhancement of 
habitat and forage for pollinators) adjacent to such highways.
  (b) Planting of Wildflowers.--
          (1) General rule.--The Secretary shall require the 
        planting of native wildflower seeds or seedlings, or 
        both, as part of any landscaping project under this 
        section. At least 1/4 of 1 percent of the funds 
        expended for such landscaping project shall be used for 
        such plantings.
          (2) Waiver.--The requirements of this subsection may 
        be waived by the Secretary if a State certifies that 
        native wildflowers or seedlings cannot be grown 
        satisfactorily or planting areas are limited or 
        otherwise used for agricultural purposes.
          (3) Gifts.--Nothing in this subsection shall be 
        construed to prohibit the acceptance of native 
        wildflower seeds or seedlings donated by civic 
        organizations or other organizations and individuals to 
        be used in landscaping projects.
  (c) Encouragement of Pollinator Habitat and Forage 
Development and Protection on Transportation Rights-of-way.--In 
carrying out any program administered by the Secretary under 
this title, the Secretary shall, in conjunction with willing 
States, as appropriate--
          (1) encourage integrated vegetation management 
        practices on roadsides and other transportation rights-
        of-way, including reduced mowing; and
          (2) encourage the development of habitat and forage 
        for Monarch butterflies, other native pollinators, and 
        honey bees through plantings of native forbs and 
        grasses, including noninvasive, native milkweed species 
        that can serve as migratory way stations for 
        butterflies and facilitate migrations of other 
        pollinators.

           *       *       *       *       *       *       *


Sec. 326. State assumption of responsibility for categorical exclusions

  (a) Categorical Exclusion Determinations.--
          (1) In general.--The Secretary may assign, and a 
        State may assume, responsibility for determining 
        whether certain designated activities are included 
        within classes of action identified in regulation by 
        the Secretary that are categorically excluded from 
        requirements for environmental assessments or 
        environmental impact statements pursuant to regulations 
        promulgated by the Council on Environmental Quality 
        under part 1500 of title 40, Code of Federal 
        Regulations (as in effect on October 1, 2003).
          (2) Scope of authority.--A determination described in 
        paragraph (1) shall be made by a State in accordance 
        with criteria established by the Secretary and only for 
        types of activities specifically designated by the 
        Secretary.
          (3) Criteria.--The criteria under paragraph (2) shall 
        include provisions for public availability of 
        information consistent with section 552 of title 5 and 
        the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
          (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.
  (b) Other Applicable Federal Laws.--
          (1) In general.--If a State assumes responsibility 
        under subsection (a), the Secretary may also assign and 
        the State may assume all or part of the 
        responsibilities of the Secretary for environmental 
        review, consultation, or other related actions required 
        under any Federal law applicable to activities that are 
        classified by the Secretary as categorical exclusions, 
        with the exception of government-to-government 
        consultation with Indian tribes, subject to the same 
        procedural and substantive requirements as would be 
        required if that responsibility were carried out by the 
        Secretary.
          (2) Sole responsibility.--A State that assumes 
        responsibility under paragraph (1) with respect to a 
        Federal law shall be solely responsible and solely 
        liable for complying with and carrying out that law, 
        and the Secretary shall have no such responsibility or 
        liability.
  (c) Memoranda of Understanding.--
          (1) In general.--The Secretary and the State, after 
        providing public notice and opportunity for comment, 
        shall enter into a memorandum of understanding setting 
        forth the responsibilities to be assigned under this 
        section and the terms and conditions under which the 
        assignments are made, including establishment of the 
        circumstances under which the Secretary would reassume 
        responsibility for categorical exclusion 
        determinations.
          (2) Assistance to states.--On request of a Governor 
        of a State, the Secretary shall provide to the State 
        technical assistance, training, or other support 
        relating to--
                  (A) assuming responsibility under subsection 
                (a);
                  (B) developing a memorandum of understanding 
                under this subsection; or
                  (C) addressing a responsibility in need of 
                corrective action under subsection (d)(1)(B).
          [(2)[ (3) Term.--A memorandum of understanding--
                  (A) shall have a term of not more than 3 
                years; and
                  (B) shall be renewable.
          [(3)] (4) Acceptance of jurisdiction.--In a 
        memorandum of understanding, the State shall consent to 
        accept the jurisdiction of the Federal courts for the 
        compliance, discharge, and enforcement of any 
        responsibility of the Secretary that the State assumes.
          [(4)] (5) Monitoring.--The Secretary shall--
                  (A) monitor compliance by the State with the 
                memorandum of understanding and the provision 
                by the State of financial resources to carry 
                out the memorandum of understanding; and
                  (B) take into account the performance by the 
                State when considering renewal of the 
                memorandum of understanding.
  (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.]
          (1) Termination by 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) a notification of the 
                        determination of noncompliance;
                          (ii) a period of not less than 120 
                        days to take such corrective action as 
                        the Secretary determines to be 
                        necessary to comply with the applicable 
                        agreement; and
                          (iii) on request of the Governor of 
                        the State, a detailed description of 
                        each responsibility in need of 
                        corrective action regarding an 
                        inadequacy identified under 
                        subparagraph (A); and
                  (C) the State, after the notification and 
                period described in clauses (i) and (ii) of 
                subparagraph (B), fails to take satisfactory 
                corrective action, as determined by the 
                Secretary.

           *       *       *       *       *       *       *


Sec. 327. Surface transportation project delivery program

  (a) Establishment.--
          (1) In general.--The Secretary shall carry out a 
        surface transportation project delivery program 
        (referred to in this section as the ``program'').
          (2) Assumption of responsibility.--
                  (A) In general.--Subject to the other 
                provisions of this section, with the written 
                agreement of the Secretary and a State, which 
                may be in the form of a memorandum of 
                understanding, the Secretary may assign, and 
                the State may assume, the responsibilities of 
                the Secretary with respect to one or more 
                highway projects within the State under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                  (B) Additional responsibility.--If a State 
                assumes responsibility under subparagraph (A)--
                          (i) the Secretary may assign to the 
                        State, and the State may assume, all or 
                        part of the responsibilities of the 
                        Secretary for environmental review, 
                        consultation, or other action required 
                        under any Federal environmental law 
                        pertaining to the review or approval of 
                        a specific project;
                          (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.)] (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\1\ 
                        4321 et seq.); but
---------------------------------------------------------------------------
    \1\So in original.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
  (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.]
          (1) Termination by 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) a notification of the 
                        determination of noncompliance;
                          (ii) a period of not less than 120 
                        days to take such corrective action as 
                        the Secretary determines to be 
                        necessary to comply with the applicable 
                        agreement; and
                          (iii) on request of the Governor of 
                        the State, a detailed description of 
                        each responsibility in need of 
                        corrective action regarding an 
                        inadequacy identified under 
                        subparagraph (A); and
                  (C) the State, after the notification and 
                period provided under subparagraph (B), fails 
                to take satisfactory corrective action, as 
                determined by the Secretary.

           *       *       *       *       *       *       *


Sec. 329. Eligibility for control of noxious weeds and aquatic noxious 
                    weeds and establishment of native species

  (a) In General.--In accordance with all applicable Federal 
law (including regulations), funds made available to carry out 
this section may be used for the following activities if such 
activities are related to transportation projects funded under 
this title:
          (1) Establishment of plants selected by State and 
        local transportation authorities to perform one or more 
        of the following functions: abatement of stormwater 
        runoff, stabilization of soil, provision of habitat, 
        forage, and migratory way stations for Monarch 
        butterflies, other native pollinators, and honey 
        bees,and aesthetic enhancement.

           *       *       *       *       *       *       *


Sec. 503. Research and technology development and deployment

  (a) In General.--The Secretary shall--
          (1) carry out research, development, and deployment 
        activities that encompass the entire innovation 
        lifecycle; and
          (2) ensure that all research carried out under this 
        section aligns with the transportation research and 
        development strategic plan of the Secretary under 
        section 508.
  (b) Highway Research and Development Program.--
          (1) Objectives.--* * *

           *       *       *       *       *       *       *

          (3) Improving infrastructure integrity.--
                  (A) In general.--The Secretary shall carry 
                out and facilitate highway and bridge 
                infrastructure research and development 
                activities--
                          (i) to maintain infrastructure 
                        integrity;
                          (ii) to meet user needs; and
                          (iii) to link Federal transportation 
                        investments to improvements in system 
                        performance.
                  (B) Objectives.--In carrying out this 
                paragraph, the Secretary shall carry out 
                research and development activities--
                          (i) to reduce the number of 
                        fatalities attributable to 
                        infrastructure design characteristics 
                        and work zones;
                          (ii) to improve the safety and 
                        security of highway infrastructure;
                          (iii) to increase the reliability of 
                        lifecycle performance predictions used 
                        in infrastructure design, construction, 
                        and management;
                          (iv) to improve the ability of 
                        transportation agencies to deliver 
                        projects that meet expectations for 
                        timeliness, quality, and cost;
                          (v) to reduce user delay attributable 
                        to infrastructure system performance, 
                        maintenance, rehabilitation, and 
                        construction;
                          (vi) to improve highway condition and 
                        performance through increased use of 
                        design, materials, construction, and 
                        maintenance innovations;
                          (vii) to reduce the environmental 
                        impacts of highway infrastructure 
                        through innovations in design, 
                        construction, operation, preservation, 
                        and maintenance; and
                          (viii) to study vulnerabilities of 
                        the transportation system to seismic 
                        activities and extreme events and 
                        methods to reduce those 
                        vulnerabilities.
                  (C) Contents.--Research and technology 
                activities carried out under this paragraph may 
                include--
                          (i) long-term infrastructure 
                        performance programs addressing 
                        pavements, bridges, tunnels, and other 
                        structures;
                          (ii) short-term and accelerated 
                        studies of infrastructure performance;
                          (iii) research to develop more 
                        durable infrastructure materials and 
                        systems;
                          (iv) advanced infrastructure design 
                        methods;
                          (v) accelerated highway and bridge 
                        construction;
                          (vi) performance-based 
                        specifications;
                          (vii) construction and materials 
                        quality assurance;
                          (viii) comprehensive and integrated 
                        infrastructure asset management;
                          (ix) infrastructure safety assurance;
                          (x) sustainable infrastructure design 
                        and construction;
                          (xi) infrastructure rehabilitation 
                        and preservation techniques, including 
                        techniques to rehabilitate and preserve 
                        historic infrastructure;
                          (xii) hydraulic, geotechnical, and 
                        aerodynamic aspects of infrastructure;
                          (xiii) improved highway construction 
                        technologies and practices;
                          (xiv) improved tools, technologies, 
                        and models for infrastructure 
                        management, including assessment and 
                        monitoring of infrastructure condition;
                          (xv) studies to improve flexibility 
                        and resiliency of infrastructure 
                        systems to withstand climate 
                        variability;
                          (xvi) studies on the effectiveness of 
                        fiber-based additives to improve the 
                        durability of surface transportation 
                        materials in various geographic 
                        regions;
                          (xvii) studies of infrastructure 
                        resilience and other adaptation 
                        measures;
                          (xviii) maintenance of seismic 
                        research activities, including research 
                        carried out in conjunction with other 
                        Federal agencies to study the 
                        vulnerability of the transportation 
                        system to seismic activity and methods 
                        to reduce that vulnerability; [and]
                          (xix) technology transfer and 
                        adoption of permeable, pervious, or 
                        porous paving materials, practices, and 
                        systems that are designed to minimize 
                        environmental impacts, stormwater 
                        runoff, and flooding and to treat or 
                        remove pollutants by allowing 
                        stormwater to infiltrate through the 
                        pavement in a manner similar to 
                        predevelopment hydrologic conditions[.] 
                        ;and
                          (xx) accelerated mobile, highway-
                        speed, bridge inspection methods that 
                        provide quantitative data-driven 
                        decisionmaking capabilities without 
                        requiring lane closures.
                  (D) Lifecycle costs analysis study.--
                          (i) In general.--In this subparagraph 
                        and section 119(e), the term 
                        ``lifecycle costs analysis'' means a 
                        process for evaluating the total 
                        economic worth of a usable project 
                        segment by analyzing initial costs and 
                        discounted future costs, such as 
                        maintenance, user, reconstruction, 
                        rehabilitation, restoring, and 
                        resurfacing costs, over the life of the 
                        project segment.

           *       *       *       *       *       *       *

  (c) Technology and Innovation Deployment Program.--
          (1) In general.--The Secretary shall [carry out] 
        establish and implement a technology and innovation 
        deployment program relating to all aspects of highway 
        transportation, including planning, financing, 
        operation, structures, materials, pavements, 
        environment, construction, and the duration of time 
        between project planning and project delivery, with the 
        goals of--
                  (A) significantly accelerating the adoption 
                of innovative technologies by the surface 
                transportation community;
                  (B) providing leadership and incentives to 
                demonstrate and promote state-of-the-art 
                technologies, elevated performance standards, 
                and new business practices in highway 
                construction processes that result in improved 
                safety, faster construction, reduced congestion 
                from construction, and improved quality and 
                user satisfaction;

           *       *       *       *       *       *       *

          (2) Implementation.--
                  (A) In general.--The Secretary shall promote, 
                facilitate, and carry out the program 
                established under paragraph (1) * * *

           *       *       *       *       *       *       *

                  (B) Accelerated innovation deployment.--In 
                carrying out the program established under 
                paragraph (1), the Secretary shall--
                          [(i) establish and carry out 
                        demonstration programs;]
                          (i) use not less than 50 percent of 
                        the funds authorized to carry out this 
                        subsection to make grants to, and enter 
                        into cooperative agreements and 
                        contracts with, States, other Federal 
                        agencies, local governments, 
                        metropolitan planning organizations, 
                        institutions of higher education, 
                        private sector entities, and nonprofit 
                        organizations to carry out 
                        demonstration programs that will 
                        accelerate the deployment and adoption 
                        of transportation research activities;
                          (ii) provide technical assistance, 
                        and training to researchers and 
                        developers; and
                          (iii) develop improved tools and 
                        methods to accelerate the adoption of 
                        proven innovative practices and 
                        technologies as standard practices.
                  (C) Innovation grants.--
                          (i) In general.--In carrying out the 
                        program established under subparagraph 
                        (B)(i), the Secretary shall establish a 
                        transparent competitive process in 
                        which entities described in 
                        subparagraph (B)(i) may submit an 
                        application to receive a grant under 
                        this subsection.
                          (ii) Publication of application 
                        process.--A description of the 
                        application process established by the 
                        Secretary shall--
                                  (I) be posted on a public 
                                website;
                                  (II) identify the information 
                                required to be included in the 
                                application; and
                                  (III) identify the criteria 
                                by which the Secretary shall 
                                select grant recipients.
                          (iii) Submission of application.--To 
                        receive a grant under this paragraph, 
                        an entity described in subparagraph 
                        (B)(i) shall submit an application to 
                        the Secretary.
                          (iv) Selection and approval.--The 
                        Secretary shall select and approve an 
                        application submitted under clause 
                        (iii) based on whether the project 
                        described in the application meets the 
                        goals of the program described in 
                        paragraph (1).
                  [(C)] (D) Implementation of future strategic 
                highway research program findings and 
                results.--
                          (i) In general.--The Secretary, in 
                        consultation with the American 
                        Association of State Highway and 
                        Transportation Officials and the 
                        Transportation Research Board of the 
                        National Academy of Sciences, shall 
                        promote research results and products 
                        developed under the future strategic 
                        highway research program administered 
                        by the Transportation Research Board of 
                        the National Academy of Sciences.
                          (ii) Basis for findings.--The 
                        activities carried out under this 
                        subparagraph shall be based on the 
                        report submitted to Congress by the 
                        Transportation Research Board of the 
                        National Academy of Sciences under 
                        section 510(e).
                          (iii) Personnel.--The Secretary may 
                        use funds made available to carry out 
                        this subsection for administrative 
                        costs under this subparagraph.

           *       *       *       *       *       *       *

          (3) Accelerated implementation and deployment of 
        pavement technologies.--
                  (A) In general.--The Secretary shall 
                establish and implement a program under the 
                technology and innovation deployment program to 
                promote, implement, deploy, demonstrate, 
                showcase, support, and document the application 
                of innovative pavement technologies, practices, 
                performance, and benefits.
                  (B) Goals.--The goals of the accelerated 
                implementation and deployment of pavement 
                technologies program shall include--
                          (i) the deployment of new, cost-
                        effective designs, materials, recycled 
                        materials, and practices to extend the 
                        pavement life and performance and to 
                        improve user satisfaction;
                          (ii) the reduction of initial costs 
                        and lifecycle costs of pavements, 
                        including the costs of new 
                        construction, replacement, maintenance, 
                        and rehabilitation;
                          (iii) the deployment of accelerated 
                        construction techniques to increase 
                        safety and reduce construction time and 
                        traffic disruption and congestion;
                          (iv) the deployment of engineering 
                        design criteria and specifications for 
                        new and efficient practices, products, 
                        and materials for use in highway 
                        pavements;
                          (v) the deployment of new 
                        nondestructive and real-time pavement 
                        evaluation technologies and 
                        construction techniques; and
                          (vi) effective technology transfer 
                        and information dissemination to 
                        accelerate implementation of new 
                        technologies and to improve life, 
                        performance, cost effectiveness, 
                        safety, and user satisfaction.
                  (C) Funding.--The Secretary shall obligate 
                for [each of fiscal years 2013 through 2014] 
                each fiscal year from funds made available to 
                carry out this subsection $12,000,000 to 
                accelerate the deployment and implementation of 
                pavement technology.

           *       *       *       *       *       *       *


Sec. 504. Training and education

  (a) National Highway Institute.--
          (1) In general.--The Secretary shall operate in the 
        Federal Highway Administration a National Highway 
        Institute (in this subsection referred to as the 
        ``Institute''). The Secretary shall administer, through 
        the Institute, the authority vested in the Secretary by 
        this title or by any other law for the development and 
        conduct of education and training programs relating to 
        highways.
          (2) Duties of the institute.--In cooperation with 
        State transportation departments, United States 
        industry, and any national or international entity, the 
        Institute shall develop and administer education and 
        training programs of instruction for--
                  (A) Federal Highway Administration, State, 
                and local transportation agency employees and 
                the employees of any other applicable Federal 
                agency;
                  (B) regional, State, and metropolitan 
                planning organizations;
                  (C) State and local police, public safety, 
                and motor vehicle employees; and
                  (D) United States citizens and foreign 
                nationals engaged or to be engaged in surface 
                transportation work of interest to the United 
                States.
          (3) Courses.--
                  (A) In general.--The Institute shall--
                          (i) develop or update existing 
                        courses in asset management, including 
                        courses that include such components 
                        as--
                                  (I) the determination of 
                                life-cycle costs;
                                  (II) the valuation of assets;
                                  (III) benefit-to-cost ratio 
                                calculations; and
                                  (IV) objective decisionmaking 
                                processes for project 
                                selection; and
                          (ii) continually develop courses 
                        relating to the application of emerging 
                        technologies for--
                                  (I) transportation 
                                infrastructure applications and 
                                asset management;
                                  (II) intelligent 
                                transportation systems;
                                  (III) operations (including 
                                security operations);
                                  (IV) the collection and 
                                archiving of data;
                                  (V) reducing the amount of 
                                time required for the planning 
                                and development of 
                                transportation projects; and
                                  (VI) the intermodal movement 
                                of individuals and freight.
                  (B) Additional courses.--In addition to the 
                courses developed under subparagraph (A), the 
                Institute, in consultation with State 
                transportation departments, metropolitan 
                planning organizations, and the American 
                Association of State Highway and Transportation 
                Officials, may develop courses relating to 
                technology, methods, techniques, engineering, 
                construction, safety, maintenance, 
                environmental mitigation and compliance, 
                regulations, management, inspection, and 
                finance.
                  (C) Revision of courses offered.--The 
                Institute shall periodically--
                          (i) review the course inventory of 
                        the Institute; and
                          (ii) revise or cease to offer courses 
                        based on course content, applicability, 
                        and need.
          (4) Set-aside; federal share.--Not to exceed 1/2 of 1 
        percent of the funds apportioned to a State under 
        section [104(b)(3)] 104(b)(2) for the surface 
        transportation program shall be available for 
        expenditure by the State transportation department for 
        the payment of not to exceed 80 percent of the cost of 
        tuition and direct educational expenses (excluding 
        salaries) in connection with the education and training 
        of employees of State and local transportation agencies 
        in accordance with this subsection.

           *       *       *       *       *       *       *


Sec. 505. State planning and research

  (a) General Rule.--Two percent of the sums apportioned to a 
State for fiscal year 1998 and each fiscal year thereafter 
under paragraphs (1) [through (4)] through (5) of section 
104(b) shall be available for expenditure by the State, in 
consultation with the Secretary, only for the following 
purposes:

           *       *       *       *       *       *       *

  (c) Implementation of Future Strategic Highway Research 
Program Findings and Results.--
          (1) Funds.--A State shall make available to the 
        Secretary to carry out [section 503(c)(2)(C)] section 
        503(c)(2)(D) a percentage of funds subject to 
        subsection (a) that are apportioned to that State, that 
        is agreed to by \3/4\ of States for each of fiscal 
        years 2013 and 2014.

           *       *       *       *       *       *       *


Sec. 513. Use of funds for ITS activities

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Eligible entity.--The term ``eligible entity'' 
        means a State or local government, tribal government, 
        transit agency, public toll authority, metropolitan 
        planning organization, other political subdivision of a 
        State or local government, or a multistate or 
        multijurisdictional group applying through a single 
        lead applicant.
          (2) Multijurisdictional group.--The term 
        ``multijurisdictional group'' means a combination of 
        State governments, local governments, metropolitan 
        planning agencies, transit agencies, or other political 
        subdivisions of a State that--
                  (A) * * *

           *       *       *       *       *       *       *

  (d) System Operations and ITS Deployment Grant Program.--
          (1) Establishment.--The Secretary shall establish a 
        competitive grant program to accelerate the deployment, 
        operation, systems management, intermodal integration, 
        and interoperability of the ITS program and ITS-enabled 
        operational strategies--
                  (A) to measure and improve the performance of 
                the surface transportation system;
                  (B) to reduce traffic congestion and the 
                economic and environmental impacts of traffic 
                congestion;
                  (C) to minimize fatalities and injuries;
                  (D) to enhance mobility of people and goods;
                  (E) to improve traveler information and 
                services; and
                  (F) to optimize existing roadway capacity.
          (2) Application.--To be eligible for a grant under 
        this subsection, an eligible entity shall submit an 
        application to the Secretary that includes--
                  (A) a plan to deploy and provide for the 
                long-term operation and maintenance of 
                intelligent transportation systems to improve 
                safety, efficiency, system performance, and 
                return on investment, such as--
                          (i) autonomous vehicle, vehicle-to-
                        vehicle, and vehicle-to-infrastructure 
                        communication technologies;
                          (ii) real-time integrated traffic, 
                        transit, and multimodal transportation 
                        information;
                          (iii) advanced traffic, freight, 
                        parking, and incident management 
                        systems;
                          (iv) advanced technologies to improve 
                        transit and commercial vehicle 
                        operations;
                          (v) synchronized, adaptive, and 
                        transit preferential traffic signals;
                          (vi) advanced infrastructure 
                        condition assessment technologies; and
                          (vii) other technologies to improve 
                        system operations, including ITS 
                        applications necessary for multimodal 
                        systems integration and for achieving 
                        performance goals;
                  (B) quantifiable system performance 
                improvements, including--
                          (i) reductions in traffic-related 
                        crashes, congestion, and costs;
                          (ii) optimization of system 
                        efficiency; and
                          (iii) improvement of access to 
                        transportation services;
                  (C) quantifiable safety, mobility, and 
                environmental benefit projections, including 
                data-driven estimates of the manner in which 
                the project will improve the efficiency of the 
                transportation system and reduce traffic 
                congestion in the region;
                  (D) a plan for partnering with the private 
                sector, including telecommunications industries 
                and public service utilities, public agencies 
                (including multimodal and multijurisdictional 
                entities), research institutions, organizations 
                representing transportation and technology 
                leaders, and other transportation stakeholders;
                  (E) a plan to leverage and optimize existing 
                local and regional ITS investments; and
                  (F) a plan to ensure interoperability of 
                deployed technologies with other tolling, 
                traffic management, and intelligent 
                transportation systems.
          (3) Selection.--
                  (A) In general.--Effective beginning not 
                later than 1 year after the date of enactment 
                of the DRIVE Act, the Secretary may provide 
                grants to eligible entities under this 
                subsection.
                  (B) Geographic diversity.--In awarding a 
                grant under this subsection, the Secretary 
                shall ensure, to the maximum extent 
                practicable, that grant recipients represent 
                diverse geographical areas of the United 
                States, including urban, suburban, and rural 
                areas.
                  (C) Non-federal share.--In awarding a grant 
                under the subsection, the Secretary shall give 
                priority to grant recipients that demonstrate 
                an ability to contribute a significant non-
                Federal share to the cost of carrying out the 
                project for which the grant is received.
          (4) Eligible uses.--Projects for which grants awarded 
        under this subsection may be used include--
                  (A) the deployment of autonomous vehicle, 
                vehicle-to-vehicle, and vehicle-to-
                infrastructure communication technologies;
                  (B) the establishment and implementation of 
                ITS and ITS-enabled operations strategies that 
                improve performance in the areas of--
                          (i) traffic operations;
                          (ii) emergency response to surface 
                        transportation incidents;
                          (iii) incident management;
                          (iv) transit and commercial vehicle 
                        operations improvements;
                          (v) weather event response management 
                        by State and local authorities;
                          (vi) surface transportation network 
                        and facility management;
                          (vii) construction and work zone 
                        management;
                          (viii) traffic flow information;
                          (ix) freight management; and
                          (x) congestion management;
                  (C) carrying out activities that support the 
                creation of networks that link metropolitan and 
                rural surface transportation systems into an 
                integrated data network, capable of collecting, 
                sharing, and archiving transportation system 
                traffic condition and performance information;
                  (D) the implementation of intelligent 
                transportation systems and technologies that 
                improve highway safety through information and 
                communications systems linking vehicles, 
                infrastructure, mobile devices, transportation 
                users, and emergency responders;
                  (E) the provision of services necessary to 
                ensure the efficient operation and management 
                of ITS infrastructure, including costs 
                associated with communications, utilities, 
                rent, hardware, software, labor, administrative 
                costs, training, and technical services;
                  (F) the provision of support for the 
                establishment and maintenance of institutional 
                relationships between transportation agencies, 
                police, emergency medical services, private 
                emergency operators, freight operators, 
                shippers, public service utilities, and 
                telecommunications providers;
                  (G) carrying out multimodal and cross-
                jurisdictional planning and deployment of 
                regional transportation systems operations and 
                management approaches; and
                  (H) performing project evaluations to 
                determine the costs, benefits, lessons learned, 
                and future deployment strategies associated 
                with the deployment of intelligent 
                transportation systems.
          (5) Report to secretary.--For each fiscal year that 
        an eligible entity receives a grant under this 
        subsection, not later than 1 year after receiving the 
        grant, each recipient shall submit to the Secretary a 
        report that describes how the project has met the 
        expectations projected in the deployment plan submitted 
        with the application, including information on--
                  (A) how the program has helped reduce traffic 
                crashes, congestion, costs, and other benefits 
                of the deployed systems;
                  (B) the effect of measuring and improving 
                transportation system performance through the 
                deployment of advanced technologies;
                  (C) the effectiveness of providing real-time 
                integrated traffic, transit, and multimodal 
                transportation information to the public that 
                allows the public to make informed travel 
                decisions; and
                  (D) lessons learned and recommendations for 
                future deployment strategies to optimize 
                transportation efficiency and multimodal system 
                performance.
          (6) Report to congress.--Not later than 2 years after 
        the date on which the first grant is awarded under this 
        subsection and annually thereafter for each fiscal year 
        for which grants are awarded under this subsection, the 
        Secretary shall submit to Congress a report that 
        describes the effectiveness of the grant recipients in 
        meeting the projected deployment plan goals, including 
        data on how the grant program has--
                  (A) reduced traffic-related fatalities and 
                injuries;
                  (B) reduced traffic congestion and improved 
                travel-time reliability;
                  (C) reduced transportation-related emissions;
                  (D) optimized multimodal system performance;
                  (E) improved access to transportation 
                alternatives;
                  (F) provided the public with access to real-
                time integrated traffic, transit, and 
                multimodal transportation information to make 
                informed travel decisions;
                  (G) provided cost savings to transportation 
                agencies, businesses, and the traveling public; 
                and
                  (H) provided other benefits to transportation 
                users and the general public.
          (7) Additional grants.--If the Secretary determines, 
        based on a report submitted under paragraph (5), that a 
        grant recipient is not complying with the established 
        grant criteria, the Secretary may--
                  (A) cease payment to the recipient of any 
                remaining grant amounts; and
                  (B) redistribute any remaining amounts to 
                other eligible entities under this section.
          (8) Non-federal share.--The Federal share of the cost 
        of a project for which a grant is provided under this 
        subsection shall not exceed 50 percent of the cost of 
        the project.
          (9) Funding.--Of the funds made available each fiscal 
        year to carry out the intelligent transportation system 
        program under sections 512 through 518, not less than 
        $30,000,000 shall be used to carry out this subsection.

           *       *       *       *       *       *       *


Sec. 514. Goals and purposes

  (a) Goals.--The goals of the intelligent transportation 
system program include--
          (1) enhancement of surface transportation efficiency 
        and facilitation of intermodalism and international 
        trade to enable existing facilities to meet a 
        significant portion of future transportation needs, 
        including public access to employment, goods, and 
        services and to reduce regulatory, financial, and other 
        transaction costs to public agencies and system users;
          (2) achievement of national transportation safety 
        goals, including enhancement of safe operation of motor 
        vehicles and nonmotorized vehicles and improved 
        emergency response to collisions, with particular 
        emphasis on decreasing the number and severity of 
        collisions;
          (3) protection and enhancement of the natural 
        environment and communities affected by surface 
        transportation, with particular emphasis on assisting 
        State and local governments to achieve national 
        environmental goals;
          (4) accommodation of the needs of all users of 
        surface transportation systems, including operators of 
        commercial motor vehicles, passenger motor vehicles, 
        motorcycles, bicycles, and pedestrians (including 
        individuals with disabilities); [and]
          [(5) enhancement of national defense mobility and 
        improvement of the ability of the United States to 
        respond to security-related or other manmade 
        emergencies and natural disasters.
  [(b) Purposes.--The Secretary shall implement activities 
under the intelligent transportation system program, at a 
minimum--
          [(1) to expedite, in both metropolitan and rural 
        areas, deployment and integration of intelligent 
        transportation systems for consumers of passenger and 
        freight transportation;
          [(2) to ensure that Federal, State, and local 
        transportation officials have adequate knowledge of 
        intelligent transportation systems for consideration in 
        the transportation planning process;
          [(3) to improve regional cooperation and operations 
        planning for effective intelligent transportation 
        system deployment;
          [(4) to promote the innovative use of private 
        resources in support of intelligent transportation 
        system development;
          [(5) to facilitate, in cooperation with the motor 
        vehicle industry, the introduction of vehicle-based 
        safety enhancing systems;
          [(6) to support the application of intelligent 
        transportation systems that increase the safety and 
        efficiency of commercial motor vehicle operations;
          [(7) to develop a workforce capable of developing, 
        operating, and maintaining intelligent transportation 
        systems;
          [(8) to provide continuing support for operations and 
        maintenance of intelligent transportation systems; and
          [(9) to ensure a systems approach that includes 
        cooperation among vehicles, infrastructure, and users.]
          (5) improvement of the ability of the United States 
        to respond to security-related or other manmade 
        emergencies and natural disasters; and
          (6) enhancement of the freight system of the United 
        States and support to freight policy goals by 
        conducting heavy duty vehicle demonstration activities 
        and accelerating adoption of ITS applications in 
        freight operations.

           *       *       *       *       *       *       *


Sec. 515. General authorities and requirements

  (a) Scope.--Subject to the provisions of [this chapter] 
sections 512 through 518, the Secretary shall conduct an 
ongoing intelligent transportation system program--
          (1) to research, develop, and operationally test 
        intelligent transportation systems; and
          (2) to provide technical assistance in the nationwide 
        application of those systems as a component of the 
        surface transportation systems of the United States.
  (b) Policy.--Intelligent transportation system research 
projects and operational tests funded pursuant to [this 
chapter] sections 512 through 518 shall encourage and not 
displace public-private partnerships or private sector 
investment in those tests and projects.
  (c) Cooperation With Governmental, Private, and Educational 
Entities.--The Secretary shall carry out the intelligent 
transportation system program in cooperation with State and 
local governments and other public entities, the private sector 
firms of the United States, the Federal laboratories, and 
institutions of higher education, including historically Black 
colleges and universities and other minority institutions of 
higher education.
  (d) Consultation With Federal Officials.--In carrying out the 
intelligent transportation system program, the Secretary shall 
consult with the heads of other Federal agencies, as 
appropriate.
  (e) Technical Assistance, Training, and Information.--The 
Secretary may provide technical assistance, training, and 
information to State and local governments seeking to 
implement, operate, maintain, or evaluate intelligent 
transportation system technologies and services.
  (f) Transportation Planning.--The Secretary may provide 
funding to support adequate consideration of transportation 
systems management and operations, including intelligent 
transportation systems, within metropolitan and statewide 
transportation planning processes.
  (g) Information Clearinghouse.--
          (1) In general.--The Secretary shall--
                  (A) maintain a repository for technical and 
                safety data collected as a result of federally 
                sponsored projects carried out under [this 
                chapter] sections 512 through 518; and
                  (B) make, on request, that information 
                (except for proprietary information and data) 
                readily available to all users of the 
                repository at an appropriate cost.
          (2) Agreement.--
                  (A) In general.--The Secretary may enter into 
                an agreement with a third party for the 
                maintenance of the repository for technical and 
                safety data under paragraph (1)(A).
                  (B) Federal financial assistance.--If the 
                Secretary enters into an agreement with an 
                entity for the maintenance of the repository, 
                the entity shall be eligible for Federal 
                financial assistance under [this section] 
                sections 512 through 518.
          (3) Availability of information.--Information in the 
        repository shall not be subject to sections 552 and 555 
        of title 5, United States Code.
  (h) Advisory Committee.--
          (1) In general.--The Secretary shall establish an 
        Advisory Committee to advise the Secretary on carrying 
        out [this chapter] sections 512 through 518.
          (2) Membership.--The Advisory Committee shall have no 
        more than 20 members, be balanced between metropolitan 
        and rural interests, and include, at a minimum--
                  (A) a representative from a State highway 
                department;
                  (B) a representative from a local highway 
                department who is not from a metropolitan 
                planning organization;
                  (C) a representative from a State, local, or 
                regional transit agency;
                  (D) a representative from a metropolitan 
                planning organization;
                  (E) a private sector user of intelligent 
                transportation system technologies;
                  (F) an academic researcher with expertise in 
                computer science or another information science 
                field related to intelligent transportation 
                systems, and who is not an expert on 
                transportation issues;
                  (G) an academic researcher who is a civil 
                engineer;
                  (H) an academic researcher who is a social 
                scientist with expertise in transportation 
                issues;
                  (I) a representative from a nonprofit group 
                representing the intelligent transportation 
                system industry;
                  (J) a representative from a public interest 
                group concerned with safety;
                  (K) a representative from a public interest 
                group concerned with the impact of the 
                transportation system on land use and 
                residential patterns; and
                  (L) members with expertise in planning, 
                safety, telecommunications, utilities, and 
                operations.
          (3) Duties.--The Advisory Committee shall, at a 
        minimum, perform the following duties:
                  (A) Provide input into the development of the 
                intelligent transportation system aspects of 
                the strategic plan under section 508.
                  (B) Review, at least annually, areas of 
                intelligent transportation systems research 
                being considered for funding by the Department, 
                to determine--
                          (i) whether these activities are 
                        likely to advance either the state-of-
                        the-practice or state-of-the-art in 
                        intelligent transportation systems;
                          (ii) whether the intelligent 
                        transportation system technologies are 
                        likely to be deployed by users, and if 
                        not, to determine the barriers to 
                        deployment; and
                          (iii) the appropriate roles for 
                        government and the private sector in 
                        investing in the research and 
                        technologies being considered.
          (4) Report.--Not later than [February 1 of each year 
        after the date of enactment of the Transportation 
        Research and Innovative Technology Act of 2012] May 1 
        of each year, the Secretary shall submit to Congress a 
        report that includes--
                  (A) all recommendations made by the Advisory 
                Committee during the preceding calendar year;
                  (B) an explanation of the manner in which the 
                Secretary has implemented those 
                recommendations; and
                  (C) for recommendations not implemented, the 
                reasons for rejecting the recommendations.
          (5) Applicability of Federal Advisory Committee 
        Act.--The Advisory Committee shall be subject to the 
        Federal Advisory Committee Act (5 U.S.C. App.).
  (i) Reporting.--
          (1) Guidelines and requirements.--
                  (A) In general.--The Secretary shall issue 
                guidelines and requirements for the reporting 
                and evaluation of operational tests and 
                deployment projects carried out under [this 
                chapter] sections 512 through 518.
                  (B) Objectivity and independence.--The 
                guidelines and requirements issued under 
                subparagraph (A) shall include provisions to 
                ensure the objectivity and independence of the 
                reporting entity so as to avoid any real or 
                apparent conflict of interest or potential 
                influence on the outcome by parties to any such 
                test or deployment project or by any other 
                formal evaluation carried out under [this 
                chapter] sections 512 through 518.
                  (C) Funding.--The guidelines and requirements 
                issued under subparagraph (A) shall establish 
                reporting funding levels based on the size and 
                scope of each test or project that ensure 
                adequate reporting of the results of the test 
                or project.
          (2) Special rule.--Any survey, questionnaire, or 
        interview that the Secretary considers necessary to 
        carry out the reporting of any test, deployment 
        project, or program assessment activity under [this 
        chapter] sections 512 through 518 shall not be subject 
        to chapter 35 of title 44, United States Code.

           *       *       *       *       *       *       *


Sec. 518. Vehicle-to-vehicle and vehicle-to-infrastructure 
                    communications systems deployment

  (a) In General.--Not later than 3 years after the date of 
enactment of this section, the Secretary shall submit to the 
Committees on Commerce, Science, and Transportation and 
Environment and Public Works of the Senate and the Committees 
on Transportation and Infrastructure, Energy and Commerce, and 
Science, Space, and Technology of the House of Representatives 
a report that--

           *       *       *       *       *       *       *


Sec. 601. Generally applicable provisions

  (a) Definitions.--[In this chapter, the] The following 
definitions apply to sections 601 through 609:
          (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[.] 
                ;and
                  (D) capitalizing a rural projects fund using 
                the proceeds of a secured loan made to a State 
                infrastructure bank in accordance with sections 
                602 and 603, for the purpose of making loans to 
                sponsors of rural infrastructure projects in 
                accordance with section 610.
          (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] the TIFIA program with 
        respect to a project.

           *       *       *       *       *       *       *

          (10) Master credit agreement.--The term ``master 
        credit agreement'' means an agreement to extend credit 
        assistance for a program of related 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;] subject 
                to--
                          (i) the availability of future funds 
                        being made available to carry out the 
                        TIFIA program; and
                          (ii) the satisfaction of all of the 
                        conditions for the provision of credit 
                        assistance under the TIFIA program, 
                        including section 603(b)(1);
                  (B) establish the maximum amounts and general 
                terms and conditions of the secured loans or 
                other 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) receiving an investment grade 
                        rating from a rating agency;
                          [(ii)] (iii) compliance with such 
                        other requirements as are specified in 
                        section [602(c)] including sections 
                        602(c) and 603(b)(1); and
                          [(iii)] (iv) the availability of 
                        funds to carry out [this chapter] the 
                        TIFIA program; and

           *       *       *       *       *       *       *

          (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[.] ; and
                  (E) a project to improve or construct public 
                infrastructure that is located within walking 
                distance of, and accessible to, a fixed 
                guideway transit facility, passenger rail 
                station, intercity bus station, or intermodal 
                facility, including a transportation, public 
                utility, and capital project described in 
                section 5302(3)(G)(v) of title 49, and related 
                infrastructure;
                  (F) a project for the acquisition of plant 
                and wildlife habitat pursuant to a conservation 
                plan that--
                          (i) has been approved by the 
                        Secretary of the Interior pursuant to 
                        section 10 of the Endangered Species 
                        Act of 1973 (16 U.S.C. 1539); and
                          (ii) as determined by the Secretary 
                        of the Interior, would mitigate the 
                        environmental impacts of transportation 
                        infrastructure projects otherwise 
                        eligible for assistance under the TIFIA 
                        program; and
                  (G) the capitalization of a rural projects 
                fund by a State infrastructure bank with the 
                proceeds of a secured loan made in accordance 
                with sections 602 and 603, for the purpose of 
                making loans to sponsors of rural 
                infrastructure projects in accordance with 
                section 610.

           *       *       *       *       *       *       *

          (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.] means a 
        surface transportation infrastructure project located 
        in an area that is outside of an urbanized area with a 
        population greater than 150,000 individuals, as 
        determined by the Bureau of the Census.
          (16) Rural projects fund.--The term `rural projects 
        fund' means a fund--
                  (A) established by a State infrastructure 
                bank in accordance with section 610(d)(4);
                  (B) capitalized with the proceeds of a 
                secured loan made to the bank in accordance 
                with sections 602 and 603; and
                  (C) for the purpose of making loans to 
                sponsors of rural infrastructure projects in 
                accordance with section 610.
          [(16)] (17) 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)] (18) State.--The term ``State'' has the 
        meaning given the term in section 101.
          (19) State infrastructure bank.--The term `State 
        infrastructure bank' means an infrastructure bank 
        established under section 610.
          [(18)] (20) 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)] (21) 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)] (22)TIFIA program.--The term ``TIFIA program'' 
        means the transportation infrastructure finance and 
        innovation program of the Department established under 
        sections 602 through 609.
  (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] the 
        TIFIA program 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] the TIFIA 
                program, a project shall satisfy applicable 
                creditworthiness standards, which, at a 
                minimum, shall include--

           *       *       *       *       *       *       *

          (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] 
        the TIFIA program.

           *       *       *       *       *       *       *

          (5) [Eligible project costs.--] Eligible project cost 
        parameters.--
                  (A) In general.--Except as provided in 
                [subparagraph (B), to be eligible for 
                assistance under this chapter, a project] 
                subparagraphs (B) and (C), a project under the 
                TIFIA program 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]
                          (i) $50,000,000; 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]
                  (B) Exceptions.--
                          (i) Intelligent transportation 
                        systems.--In the caseof 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.
                          (ii) Transit-oriented development 
                        projects.--In the case of a project 
                        described in section 601(a)(12)(E), 
                        eligible project costs shall be 
                        reasonably anticipated to equal or 
                        exceed $10,000,000.
                          (iii) Rural projects.--In the case of 
                        a rural infrastructure project or a 
                        project capitalizing a rural projects 
                        fund, eligible project costs shall be 
                        reasonably anticipated to equal or 
                        exceed $10,000,000, but not to exceed 
                        $100,000,000.
                          (iv) Local infrastructure projects.--
                        Eligible project costs shall be 
                        reasonably anticipated to equal or 
                        exceed $10,000,000 in the case of 
                        projects or programs of projects--
                                  (I) in which the applicant is 
                                a local government, public 
                                authority, or instrumentality 
                                of local government;
                                  (II) located on a facility 
                                owned by a local government; or
                                  (III) for which the Secretary 
                                determines that a local 
                                government is substantially 
                                involved in the development of 
                                the project.

           *       *       *       *       *       *       *

          (9) Beneficial effects.--The Secretary shall 
        determine that financial assistance for the project 
        under [this chapter] the TIFIA program will--

           *       *       *       *       *       *       *

          (10) Project readiness.--[To be eligible]
                  (A) In general.--Except as provided in 
                subparagraph (B), to be eligible;for assistance 
                under [this chapter] the TIFIA program, the 
                applicant shall demonstrate a reasonable 
                expectation that the contracting process for 
                construction of the project can commence by 
                [not later than] no later than 90 days after 
                the date on which a Federal credit instrument 
                is obligated for the project under [this 
                chapter] the TIFLA program.
                  (B) Rural projects fund.--In the case of a 
                project capitalizing a rural projects fund, the 
                State infrastructure bank shall demonstrate, 
                not later than 2 years after the date on which 
                a secured loan is obligated for the project 
                under the TIFIA program, that the bank has 
                executed a loan agreement with a borrower for a 
                rural infrastructure project in accordance with 
                section 610. After the demonstration is made, 
                the bank may draw upon the secured loan. At the 
                end of the 2-year period, to the extent the 
                bank has not used the loan commitment, the 
                Secretary may extend the term of the loan or 
                withdraw the loan commitment.
  (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.]
          (2) Master credit agreements.--
                  (A) Program of related projects.--The 
                Secretary may enter into a master credit 
                agreement for a program of related projects 
                secured by a common security pledge on terms 
                acceptable to the Secretary.
                  (B) Adequate funding not available.--If the 
                Secretary fully obligates funding to eligible 
                projects for 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 to execute a credit instrument until 
                the fiscal year for which additional funds are 
                available to receive credit assistance.

           *       *       *       *       *       *       *

  (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] the TIFIA 
        program and projects assisted with those funds:

           *       *       *       *       *       *       *

  (e) Development Phase Activities.--Any credit instrument 
secured under [this chapter] the TIFIA program 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)* * *

           *       *       *       *       *       *       *

  (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) In general.--Except as provided in 
                subparagraph (B), 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.
                  (B) Rural projects fund.--In the case of a 
                project capitalizing a rural projects fund, the 
                maximum amount of a secured loan made to a 
                State infrastructure bank shall be determined 
                in accordance with section 602(a)(5)(B)(iii).
          (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] ; and
                                  (V) in the case of a secured 
                                loan for a project capitalizing 
                                a rural projects fund, any 
                                other dedicated revenue sources 
                                available to a State 
                                infrastructure bank, including 
                                repayments from loans made by 
                                the bank for rural 
                                infrastructure projects; and

           *       *       *       *       *       *       *

          (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] or a rural projects fund under 
                        the TIFIA program 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 and 
                        rural project funds under section 
                        608(a)(3)(A).

           *       *       *       *       *       *       *

          (5) Maturity date.--[The final]
                  (A) In general.--Except as provided in 
                subparagraph (B), the final maturity date of 
                the secured loan shall be the lesser of--
                  [(A)] (i) 35 years after the date of 
                substantial completion of the project; and
                  [(B)] (ii) if the useful life of the capital 
                asset being financed is of a lesser period, the 
                useful life of the asset.
                  (B) Rural projects fund.--In the case of a 
                project capitalizing a rural projects fund, the 
                final maturity date of the secured loan shall 
                not exceed 35 years after the date on which the 
                secured loan is obligated.

           *       *       *       *       *       *       *

          (8) Non-Federal share.--The proceeds of a secured 
        loan under [this chapter] the TIFIA program 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]
                  (A) In general.--The total Federal assistance 
                provided for a project receiving a loan under 
                the TIFIA program ;shall not exceed 80 percent 
                of the total project cost.
                  (B) Rural projects fund.--A project 
                capitalizing a rural projects fund shall 
                satisfy clause (i) through compliance with the 
                Federal share requirement described in section 
                610(e)(3)(B).

           *       *       *       *       *       *       *


Sec. 605. Program administration

  (a) Requirement.--The Secretary shall establish a uniform 
system to service the Federal credit instruments made available 
under [this chapter] the TIFIA program.
  (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] the TIFIA program.
          (1) Reservation of funds.--Of the funds made 
        available to carry out the TIFIA program for each 
        fiscal year, and after the set-aside under section 
        608(a)(6), not less than $2,000,000 shall be made 
        available for the Secretary to use in lieu of fees 
        collected under subsection (b) for projects under the 
        TIFIA program having eligible project costs that are 
        reasonably anticipated not to equal or exceed 
        $75,000,000.
          (2) Release of funds.--Any funds not used under 
        paragraph (1) shall be made available on October 1 of 
        the following fiscal year to provide credit assistance 
        to any project under the TIFIA program.

Sec. 606. State and local permits

  The provision of credit assistance under [this chapter] the 
TIFIA program 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] the TIFIA program

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) of 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] the 
                TIFIA program for each fiscal year, not more 
                than 10 percent shall be set aside for rural 
                infrastructure projects or rural projects 
                funds.
                  (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 or rural 
                projects funds.
          (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] the TIFIA program 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 TIFIA 
        program, the Secretary may use not more than [0.50 
        percent] 0.75 percent for each fiscal year for the 
        administration of [this chapter] the TIFIA program.
  (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] the TIFIA program 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] the TIFIA program 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)] the TIFIA program, 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)] the TIFIA program 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)] the TIFIA program 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).

Sec. 610. State infrastructure bank program

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Capital project.--The term ``capital project'' 
        has the meaning such term has under section 5302 of 
        title 49.
          (2) Other forms of credit assistance.--The term 
        ``other forms of credit assistance'' includes any use 
        of funds in an infrastructure bank--
                  (A) to provide credit enhancements;
                  (B) to serve as a capital reserve for bond or 
                debt instrument financing;
                  (C) to subsidize interest rates;
                  (D) to insure or guarantee letters of credit 
                and credit instruments against credit risk of 
                loss;
                  (E) to finance purchase and lease agreements 
                with respect to transit projects;
                  (F) to provide bond or debt financing 
                instrument security; and
                  (G) to provide other forms of debt financing 
                and methods of leveraging funds that are 
                approved by the Secretary and that relate to 
                the project with respect to which such 
                assistance is being provided.
          (3) State.--The term ``State'' has the meaning such 
        term has under section 401.
          (4) Capitalization.--The term ``capitalization'' 
        means the process used for depositing funds as initial 
        capital into a State infrastructure bank to establish 
        the infrastructure bank.
          (5) Cooperative agreement.--The term ``cooperative 
        agreement'' means written consent between a State and 
        the Secretary which sets forth the manner in which the 
        infrastructure bank established by the State in 
        accordance with this section will be administered.
          (6) Loan.--The term ``loan'' means any form of direct 
        financial assistance from a State infrastructure bank 
        that is required to be repaid over a period of time and 
        that is provided to a project sponsor for all or part 
        of the costs of the project.
          (7) Guarantee.--The term ``guarantee'' means a 
        contract entered into by a State infrastructure bank in 
        which the bank agrees to take responsibility for all or 
        a portion of a project sponsor's financial obligations 
        for a project under specified conditions.
          (8) Initial assistance.--The term ``initial 
        assistance'' means the first round of funds that are 
        loaned or used for credit enhancement by a State 
        infrastructure bank for projects eligible for 
        assistance under this section.
          (9) Leverage.--The term ``leverage'' means a 
        financial structure used to increase funds in a State 
        infrastructure bank through the issuance of debt 
        instruments.
          (10) Leveraged.--The term ``leveraged'', as used with 
        respect to a State infrastructure bank, means that the 
        bank has total potential liabilities that exceed the 
        capital of the bank.
          (11) Rural infrastructure project.--The term `rural 
        infrastructure project' has the meaning given the term 
        in section 601.
          (12) Rural projects fund.--The term `rural projects 
        fund' has the meaning given the term in section 601.

           *       *       *       *       *       *       *

  (d) Funding.--
          (1) Highway account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank to deposit into the highway 
        account of the bank not to exceed--
                  (A) 10 percent of the funds apportioned to 
                the State for [each of fiscal years 2005 
                through 2009 under each of sections 104(b)(1), 
                104(b)(3), 104(b)(4), and 144; and] each fiscal 
                year under each of paragraphs (1), (2), and (5) 
                of section 104(b); and
                  (B) 10 percent of the funds allocated to the 
                State for each of such fiscal years.
          (2) Transit account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank, and any other recipient of 
        Federal assistance under section 5307, 5309, or 5311 of 
        title 49, to deposit into the transit account of the 
        bank not to exceed 10 percent of the funds made 
        available to the State or other recipient [in each of 
        fiscal years 2005 through 2009] in each fiscal year for 
        capital projects under each of such sections.
          (3) Rail account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank, and any other recipient of 
        Federal assistance under subtitle V of title 49, to 
        deposit into the rail account of the bank funds made 
        available to the State or other recipient [in each of 
        fiscal years 2005 through 2009] in each fiscal year for 
        capital projects under such subtitle.
          (4) Rural projects fund.--Subject to subsection (j), 
        the Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank to deposit into the rural 
        projects fund of the bank the proceeds of a secured 
        loan made to the bank in accordance with section 602 
        and 603.
          [(4)] (5) Capital grants.--
                  (A) Highway account.--Federal funds deposited 
                into a highway account of a State 
                infrastructure bank under paragraph (1) shall 
                constitute for purposes of this section a 
                capitalization grant for the highway account of 
                the bank.
                  (B) Transit account.--Federal funds deposited 
                into a transit account of a State 
                infrastructure bank under paragraph (2) shall 
                constitute for purposes of this section a 
                capitalization grant for the transit account of 
                the bank.
                  (C) Rail account.--Federal funds deposited 
                into a rail account of a State infrastructure 
                bank under paragraph 3 shall constitute for 
                purposes of this section a capitalization grant 
                for the rail account of the bank.
          [(5)] (6) Special rule for urbanized areas of over 
        200,000.--Funds in a State infrastructure bank that are 
        attributed to urbanized areas of a State with urbanized 
        populations of over 200,000 under [section 133(d)(3)] 
        section 133(d)(1)(A)(i) may be used to provide 
        assistance with respect to a project only if the 
        metropolitan planning organization designated for such 
        area concurs, in writing, with the provision of such 
        assistance.
          [(6)] (7) Discontinuance of funding.--If the 
        Secretary determines that a State is not implementing 
        the State's infrastructure bank in accordance with a 
        cooperative agreement entered into under subsection 
        (b), the Secretary may prohibit the State from 
        contributing additional Federal funds to the bank.
  [(e) Forms of Assistance From Infrastructure Banks.--An 
infrastructure bank established under this section may make 
loans or provide other forms of credit assistance to a public 
or private entity in an amount equal to all or a part of the 
cost of carrying out a project eligible for assistance under 
this section. The amount of any loan or other form of credit 
assistance provided for the project may be subordinated to any 
other debt financing for the project. Initial assistance 
provided with respect to a project from Federal funds deposited 
into an infrastructure bank under this section may not be made 
in the form of a grant.]
  (e) Forms of Assistance From State Infrastructure Banks.--
          (1) In general.--A State infrastructure bank 
        established under this section may--
                  (A) with funds deposited into the highway 
                account, transit account, or rail account of 
                the bank, make loans or provide other forms of 
                credit assistance to a public or private entity 
                to carry out a project eligible for assistance 
                under this section; and
                  (B) with funds deposited into the rural 
                projects fund, make loans to a public or 
                private entity to carry out a rural 
                infrastructure project.
          (2) Subordination of loan.--The amount of a loan or 
        other form of credit assistance provided for a project 
        described in paragraph (1) may be subordinated to any 
        other debt financing for the project.
          (3) Maximum amount of assistance.--A State 
        infrastructure bank established under this section 
        may--
                  (A) with funds deposited into the highway 
                account, transit account, or rail account, make 
                loans or provide other forms of credit 
                assistance to a public or private entity in an 
                amount up to 100 percent of the cost of 
                carrying out a project eligible for assistance 
                under this section; and
                  (B) with funds deposited into the rural 
                projects fund, make loans to a public or 
                private entity in an amount not to exceed 80 
                percent of the cost of carrying out a rural 
                infrastructure project.
          (4) Initial assistance.--Initial assistance provided 
        with respect to a project from Federal funds deposited 
        into a State infrastructure bank under this section may 
        not be made in the form of a grant.

           *       *       *       *       *       *       *

  (g) Infrastructure Bank Requirements.--In order to establish 
an infrastructure bank under this section, the State 
establishing the bank shall--
          (1) deposit in cash, at a minimum, into [each 
        account] the highway account, the transit account, and 
        the rail account of the bank from non-Federal sources 
        an amount equal to 25 percent of the amount of each 
        capitalization grant made to the State and deposited 
        into such account; except that, if the deposit is into 
        the highway account of the bank and the State has a 
        non-Federal share under section 120(b) that is less 
        than 25 percent, the percentage to be deposited from 
        non-Federal sources shall be the lower percentage of 
        such grant;

           *       *       *       *       *       *       *

          (4) ensure that any loan from the bank will 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 , except that any loan 
        funded from the rural projects fund of the bank shall 
        bear interest at or below the interest rate charged for 
        the TIFIA loan provided to the bank under section 603

           *       *       *       *       *       *       *

  (k) Program Administration.--[For each of fiscal years 2005 
through 2009] For each fiscal year, a State may expend not to 
exceed 2 percent of the Federal funds contributed to an 
infrastructure bank established by the State under this section 
to pay the reasonable costs of administering the bank.

           *       *       *       *       *       *       *


                TITLE 33-NAVIGATION AND NAVIGABLE WATERS


         CHAPTER 52-WATER INFRASTRUCTURE FINANCE AND INNOVATION


Sec. 3907. Determination of eligibility and project selection

  (a) Eligibility requirementsTo be eligible to receive 
financial assistance under this chapter, a project shall meet 
the following criteria, as determined by the Secretary or 
Administrator, as applicable:
          (1) Creditworthiness
                  (A) In general* * *

           *       *       *       *       *       *       *

          [(5) Limitation
    [No project receiving Federal credit assistance under this 
chapter may be financed (directly or indirectly), in whole or 
in part, with proceeds of any obligation-
                  [(A) the interest on which is exempt from the 
                tax imposed under chapter 1 of title 26; or
                  [(B) with respect to which credit is 
                allowable under subpart I or J of part IV of 
                subchapter A of chapter 1 of title 26.]
          [(6)] (5) Use of existing financing mechanisms
                  (A) Notification
    For each eligible project for which the Administrator has 
authority under paragraph (2) or (3) of section 3902(b) of this 
title and for which the Administrator has received an 
application for financial assistance under this chapter, the 
Administrator shall notify, not later than 30 days after the 
date on which the Administrator receives a complete 
application, the applicable State infrastructure financing 
authority of the State in which the project is located that 
such application has been submitted.
                  (B) G4Determination
    If, not later than 60 days after the date of receipt of a 
notification under subparagraph (A), a State infrastructure 
financing authority notifies the Administrator that the State 
infrastructure financing authority intends to commit funds to 
the project in an amount that is equal to or greater than the 
amount requested under the application, the Administrator may 
not provide any financial assistance for that project under 
this chapter unless-
                          (i) by the date that is 180 days 
                        after the date of receipt of a 
                        notification under subparagraph (A), 
                        the State infrastructure financing 
                        authority fails to enter into an 
                        assistance agreement to provide funds 
                        for the project; or
                          (ii) the financial assistance to be 
                        provided by the State infrastructure 
                        financing authority will be at rates 
                        and terms that are less favorable than 
                        the rates and terms for financial 
                        assistance provided under this chapter.
          [(7)] (6) G4Operation and maintenance plan
                  (A) G4In general
    The Secretary or the Administrator, as applicable, shall 
determine whether an applicant for assistance under this 
chapter has developed, and identified adequate revenues to 
implement, a plan for operating, maintaining, and repairing the 
project over the useful life of the project.
                  (B) G4Special rule
    An eligible project described in section 3905(1) of this 
title that has not been specifically authorized by Congress 
shall not be eligible for Federal assistance for operations and 
maintenance.

           *       *       *       *       *       *       *


               40 USC CHAPTER 145--REGULATORY MEASUREMENT


                         SUBCHAPTER I--GENERAL

Sec.
14501. Application.
      * * * * * * *
14509.  .High-speed broadband deployment initiative.
      * * * * * * *

Sec. 14504. Remeasurement

  (a) To the extent necessary, the Secretary shall remeasure a 
vessel to which this chapter applies if--
          (1) the Secretary or the owner alleges an error in 
        its measurement;
          (2) the vessel or the use of its space is changed in 
        a way that substantially affects its tonnage;
          (3) after being measured under subchapter III of this 
        chapter, the vessel becomes subject to subchapter II of 
        this chapter because the vessel or its use is changed; 
        or
          (4) although not required to be measured under 
        subchapter II of this chapter, the vessel was measured 
        under subchapter II and the owner requests that the 
        vessel be measured under subchapter III of this 
        chapter.
  (b) Except as provided in this section and chapter 143 of 
this title, a vessel that has been measured does not have to be 
remeasured to obtain another document or endorsement under 
chapter 121 of this title.

           *       *       *       *       *       *       *


Sec. 14509. High-speed broadband deployment initiative

  (a) In General.--The Appalachian Regional Commission may 
provide technical assistance, make grants, enter into 
contracts, or otherwise provide amounts to individuals or 
entities in the Appalachian region for projects and 
activities--
          (1) to increase affordable access to broadband 
        networks throughout the Appalachian region;
          (2) to conduct research, analysis, and training to 
        increase broadband adoption efforts in the Appalachian 
        region;
          (3) to provide technology assets, including 
        computers, smartboards, and video projectors to 
        educational systems throughout the Appalachian region;
          (4) to increase distance learning opportunities 
        throughout the Appalachian region;
          (5) to increase the use of telehealth technologies in 
        the Appalachian region; and
          (6) to promote e-commerce applications in the 
        Appalachian region.
  (b) Limitation on Available Amounts.--Of the cost of any 
activity eligible for a grant under this section--
          (1) not more than 50 percent may be provided from 
        amounts appropriated to carry out this section; and
          (2) notwithstanding paragraph (1)--
                  (A) in the case of a project to be carried 
                out in a county for which a distressed county 
                designation is in effect under section 14526, 
                not more than 80 percent may be provided from 
                amounts appropriated to carry out this section; 
                and
                  (B) in the case of a project to be carried 
                out in a county for which an at-risk 
                designation is in effect under section 14526, 
                not more than 70 percent may be provided from 
                amounts appropriated to carry out this section.
  (c) Sources of Assistance.--Subject to subsection (b), a 
grant provided under this section may be provided from amounts 
made available to carry out this section in combination with 
amounts made available--
          (1) under any other Federal program; or
          (2) from any other source.
  (d) Federal Share.--Notwithstanding any provision of law 
limiting the Federal share under any other Federal program, 
amounts made available to carry out this section may be used to 
increase that Federal share, as the Appalachian Regional 
Commission determines to be appropriate.

           *       *       *       *       *       *       *


          40 USC SUBTITLE IV: APPALACHIAN REGIONAL DEVELOPMENT


Sec. 14703. Authorization of appropriations

  (a) In General.-In addition to amounts made available under 
section 14501, there is authorized to be appropriated to the 
Appalachian Regional Commission to carry out this subtitle-
          (1) $87,000,000 for fiscal year 2008;
          (2) $100,000,000 for fiscal year 2009;
          (3) $105,000,000 for fiscal year 2010;
          (4) $108,000,000 for fiscal year 2011; and
          (5) $110,000,000 for [fiscal year 2012] each of 
        fiscal years 2012 through 2021.
  (b) Economic and Energy Development Initiative.-Of the 
amounts made available under subsection (a), the following 
amounts may be used to carry out section 14508-
          (1) $12,000,000 for fiscal year 2008;
          (2) $12,500,000 for fiscal year 2009;
          (3) $13,000,000 for fiscal year 2010;
          (4) $13,500,000 for fiscal year 2011; and
          (5) $14,000,000 for fiscal year 2012.
  (c) High-speed Broadband Deployment Initiative.Of the amounts 
made available under subsection (a), $10,000,000 shall be used 
to carry out section 14509 for each of fiscal years 2016 
through 2021.
  [(c)] (d) Availability.-Amounts made available under 
subsection (a) remain available until expended.
  [(d)] (e) Allocation of Funds.-Funds approved by the 
Appalachian Regional Commission for a project in a State in the 
Appalachian region pursuant to a congressional directive shall 
be derived from the total amount allocated to the State by the 
Appalachian Regional Commission from amounts appropriated to 
carry out this subtitle.

14704. TERMINATIONTHIS SUBTITLE, EXCEPT SECTIONS 14102(A)(1) AND (B) 
                    AND 14501, CEASES TO BE IN EFFECT ON OCTOBER 1, 
                    [2012] 2021.

           *       *       *       *       *       *       *


SEC. 1528. [40 U.S.C. 14501 NOTE] 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] 2050, 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] shall be up to 100 percent, as 
determined by the State.
  (c) Federal Share for Other Funds Used on ADHS.--For fiscal 
years 2012 through [2021] 2050, 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] shall be up to 
100 percent, as determined by the State.
  (d) Completion Plan.--

           *       *       *       *       *       *       *


               Chapter 3 of Title 49, United States Code

Sec.
301.  Leadership, consultation, and cooperation.
      * * * * * * *
306.  Prohibited discrimination.
[307.  Repealed.]
307.  .Adoption of Departmental environmental documents.

           *       *       *       *       *       *       *


Sec. 303. Policy on lands, wildlife and waterfowl refuges, and historic 
                    sites

  (a) It is the policy of the United States Government that 
special effort should be made to preserve the natural beauty of 
the countryside and public park and recreation lands, wildlife 
and waterfowl refuges, and historic sites.
  (b) The Secretary of Transportation shall cooperate and 
consult with the Secretaries of the Interior, Housing and Urban 
Development, and Agriculture, and with the States, in 
developing transportation plans and programs that include 
measures to maintain or enhance the natural beauty of lands 
crossed by transportation activities or facilities.
  (c) Approval of Programs and Projects.--Subject to 
[subsection (d)] subsections (d) and (e), the Secretary may 
approve a transportation program or project (other than any 
project for a park road or parkway under section 204 of title 
23) requiring the use of publicly owned land of a public park, 
recreation area, or wildlife and waterfowl refuge of national, 
State, or local significance, or land of an historic site of 
national, State, or local significance (as determined by the 
Federal, State, or local officials having jurisdiction over the 
park, area, refuge, or site) only if--

           *       *       *       *       *       *       *

  (e) Satisfaction of Requirements for Certain Historic 
Sites.--
          (1) In general.--The Secretary shall--
                  (A) [ensure that the requirements of this 
                section are consistent with] align, to the 
                maximum extent practicable, the requirements of 
                this section with the requirements of the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4231 et seq.) and section 306108 of 
                title 54, including implementing regulations; 
                and
                  (B) not later than 90 days after the date of 
                enactment of this subsection, coordinate with 
                the Secretary of the Interior and the Executive 
                Director of the Advisory Council on Historic 
                Preservation (referred to in this subsection as 
                the `Council') to establish procedures to 
                satisfy the requirements described in 
                subparagraph (A) (including regulations).
          (2) Avoidance alternative analysis.--
                  (A) In general.--If, in an analysis required 
                under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4231 et seq.), the Secretary 
                determines that there is no feasible or prudent 
                alternative to avoid use of an historic site, 
                the Secretary may--
                          (i) include the determination of the 
                        Secretary in the analysis required 
                        under that Act;
                          (ii) provide a notice of the 
                        determination to--
                                  (I) each applicable State 
                                historic preservation officer 
                                and tribal historic 
                                preservation officer;
                                  (II) the Council, if the 
                                Council is participating in the 
                                consultation process under 
                                section 306108 of title 54; and
                                  (III) the Secretary of the 
                                Interior; and
                          (iii) request from the applicable 
                        preservation officer, the Council, and 
                        the Secretary of the Interior a 
                        concurrence that the determination is 
                        sufficient to satisfy the requirement 
                        of subsection (c)(1).
                  (B) Concurrence.--If the applicable 
                preservation officer, the Council, and the 
                Secretary of the Interior each provide a 
                concurrence requested under [subparagraph 
                (A)(iii)--
                          [(i) no further analysis under 
                        subsection (c)(1) shall be required;
                          [(ii) the Secretary shall include in 
                        the record of decision or finding of no 
                        significant impact a notice of a 
                        determination and each relevant 
                        concurrence to the determination under 
                        subparagraph (A); and
                          [(iii)not later than 3 days after the 
                        receipt by the Secretary of all 
                        concurrences requested under 
                        subparagraph (A)(iii), the Secretary 
                        shall post on an appropriate Federal 
                        website the determination and each 
                        relevant concurrence described in 
                        clause (ii).] subparagraph (A)(iii), no 
                        further analysis under subsection 
                        (a)(1) shall be required.
                  (C) Publication.--A notice of a 
                determination, together with each relevant 
                concurrence to that determination, under 
                subparagraph (A) shall be--
                          (i) included in the record of 
                        decision or finding of no significant 
                        impact of the Secretary; and
                          (ii) posted on an appropriate Federal 
                        website by not later than 3 days after 
                        the date of receipt by the Secretary of 
                        all concurrences requested under 
                        subparagraph (A)(iii).
          (3) Aligning historical reviews.--
                  (A) In general.--If the Secretary, the 
                applicable preservation officer, the Council, 
                and the Secretary of the Interior concur [ that 
                there is no feasible and prudent alternative] 
                that no feasible and prudent alternative exists 
                as described in paragraph (2), the Secretary 
                may provide to the applicable preservation 
                officer, the Council, and the Secretary of the 
                Interior notice of the intent of the Secretary 
                to satisfy the requirements of subsection 
                (c)(2) through the consultation requirements of 
                section 306108 of title 54.
                  (B) Satisfaction of conditions.--To satisfy 
                the requirements of subsection (c)(2), the 
                applicable preservation officer, the Council, 
                and the Secretary of the Interior shall concur 
                in the treatment of the applicable historic 
                site described in the memorandum of agreement 
                or programmatic agreement developed under 
                section 306108 of title 54.
  (f) Bridge Exemption From Consideration.--A common post-1945 
concrete or steel bridge or culvert (as described in 77 Fed. 
Reg. 68790) that is exempt from individual review under section 
306108 of title 54, United States Code, shall be exempt from 
consideration under this section.

           *       *       *       *       *       *       *


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] operating administration or 
        secretarial office that has expertise but is not the 
        lead authority with respect to a proposed multimodal 
        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.]
          (2) Lead authority.--The term `lead authority' means 
        a Department of Transportation operating administration 
        or secretarial office that has the lead responsibility 
        for compliance with the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) for a proposed 
        multimodal project.

           *       *       *       *       *       *       *

  (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] by the Secretary of Transportation.
  (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] a categorical exclusion designated under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) implementing regulations or procedures of a cooperating 
authority for [other components of the] a proposed multimodal 
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.).]
          (1) the lead authority makes a determination, in 
        consultation with the cooperating authority, on the 
        applicability of a categorical exclusion to a proposed 
        multimodal project;
          (2) the cooperating authority does not object to the 
        determination of the lead authority of the 
        applicability of a categorical exclusion;
          (3) the lead authority determines that the component 
        of the proposed multimodal project to be covered by the 
        categorical exclusion of the cooperating authority has 
        independent utility; and
          (4) the lead authority determines that--
                  (A) the proposed multimodal project 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.]
  (d) Cooperative Authority Expertise.--A cooperating authority 
shall provide expertise to the lead authority on aspects of the 
multimodal project in which the cooperating authority has 
expertise.

           *       *       *       *       *       *       *


Sec. 306. Prohibited discrimination

  (a) In this section, ``financial assistance'' includes 
obligation guarantees.
  (b) A person in the United States may not be excluded from 
participating in, be denied the benefits of, or be subject to 
discrimination under, a project, program, or activity because 
of race, color, national origin, or sex when any part of the 
project, program, or activity is financed through financial 
assistance under section 332 or 333 or chapter 221 or 249 of 
this title, section 211 or 216 of the Regional Rail 
Reorganization Act of 1973 (45 U.S.C. 721, 726), or title V of 
the Railroad Revitalization and Regulatory Reform Act of 1976 
(45 U.S.C. 821 et seq.).
  (c) When the Secretary of Transportation decides that a 
person receiving financial assistance under a law referred to 
in subsection (b) of this section has not complied with that 
subsection, a Federal civil rights law, or an order or 
regulation issued under a Federal civil rights law, the 
Secretary shall notify the person of the decision and require 
the person to take necessary action to ensure compliance with 
that subsection.
  (d) If a person does not comply with subsection (b) of this 
section within a reasonable time after receiving a notice under 
subsection (c) of this section, the Secretary shall take at 
least one of the following actions:
          (1) direct that no more Federal financial assistance 
        be provided the person.
          (2) refer the matter to the Attorney General with a 
        recommendation that a civil action be brought against 
        the person.
          (3) carry out the duties and powers provided by title 
        VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
        seq.).
          (4) take other action provided by law.
  (e) When a matter is referred to the Attorney General under 
subsection (d)(2) of this section, or when the Attorney General 
has reason to believe that a person is engaged in a pattern or 
practice violating this section, the Attorney General may begin 
a civil action in a district court of the United States for 
appropriate relief.

Sec. 307. Adoption of Departmental environmental documents

  (a) In General.--An operating administration or secretarial 
office within the Department may adopt any draft environmental 
impact statement, final environmental impact statement, 
environmental assessment, or any other document issued under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) by another operating administration or secretarial 
office within the Department--
          (1) without recirculating the document (except that a 
        final environmental impact statement shall be 
        recirculated prior to adoption); and
          (2) if the operating administration or secretarial 
        office adopting the document certifies that the project 
        is substantially the same as the project reviewed under 
        the document to be adopted.
  (b) Cooperating Agency.--An adopting operating administration 
or secretarial office that was a cooperating agency and 
certifies that the project is substantially the same as the 
project reviewed under the document to be adopted and that [the 
comments and suggestions in the document]its comments and 
suggestions have been addressed may adopt a document described 
in subsection (a) without recirculating the document

           *       *       *       *       *       *       *


Sec. 6302. Bureau of Transportation Statistics

  (a) Establishment.--There is established in the Office of the 
Assistant Secretary for Research and Technology of the 
Department of Transportation the Bureau of Transportation 
Statistics.
  (b) Director.--
          (1) Appointment.--The Bureau shall be headed by a 
        Director, who shall be appointed in the competitive 
        service by the Secretary.
          (2) Qualifications.--The Director shall be appointed 
        from among individuals who are qualified to serve as 
        the Director by virtue of their training and experience 
        in the collection, analysis, and use of transportation 
        statistics.
          (3) Duties.--
                  (A) In general.--The Director shall--
                          (i) serve as the senior advisor to 
                        the Secretary on data and statistics; 
                        and
                          (ii) be responsible for carrying out 
                        the duties described in subparagraph 
                        (B).
                  (B) Duties.--The Director shall--
                          (i) ensure that the statistics 
                        compiled under clause (vi) are designed 
                        to support transportation 
                        decisionmaking by--
                                  (I) the Federal Government;
                                  (II) State and local 
                                governments;
                                  (III) metropolitan planning 
                                organizations;
                                  (IV) transportation-related 
                                associations;
                                  (V) the private sector, 
                                including the freight 
                                community; and
                                  (VI) the public;
                          (ii) establish on behalf of the 
                        Secretary a program--
                                  (I) to effectively integrate 
                                safety data across modes; and
                                  (II) to address gaps in 
                                existing safety data programs 
                                of the Department;
                          (iii) work with the operating 
                        administrations of the Department--
                                  (I) to establish and 
                                implement the data programs of 
                                the Bureau; and
                                  (II) to improve the 
                                coordination of information 
                                collection efforts with other 
                                Federal agencies;
                          (iv) continually improve surveys and 
                        data collection methods of the 
                        Department to improve the accuracy and 
                        utility of transportation statistics;
                          (v) encourage the standardization of 
                        data, data collection methods, and data 
                        management and storage technologies for 
                        data collected by--
                                  (I) the Bureau;
                                  (II) the operating 
                                administrations of the 
                                Department;
                                  (III) State and local 
                                governments;
                                  (IV) metropolitan planning 
                                organizations; and
                                  (V) private sector entities;
                          (vi) collect, compile, analyze, and 
                        publish a comprehensive set of 
                        transportation statistics on the 
                        performance and impacts of the national 
                        transportation system, including 
                        statistics on--
                                  (I) transportation safety 
                                across all modes and 
                                intermodally;
                                  (II) the state of good repair 
                                of United States transportation 
                                infrastructure;
                                  (III) the extent, 
                                connectivity, and condition of 
                                the transportation system, 
                                building on the national 
                                transportation atlas database 
                                developed under section [6310] 
                                6309;\1\
---------------------------------------------------------------------------
    \1\So in original. Probably should be ``section 6309;''.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

  SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A 
                            LEGACY FOR USERS


SEC. 1301. [23 U.S.C. 101 NOTE] PROJECTS OF NATIONAL AND REGIONAL 
                    SIGNIFICANCE.

  (a) Findings.--Congress finds the following:
          (1)* * *

           *       *       *       *       *       *       *

  (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)] subparagraph (A), 
                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.

           *       *       *       *       *       *       *


SEC. 1801. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

           *       *       *       *       *       *       *


  (d) [23 U.S.C. 147 note] Authorization of Appropriations.--In 
addition to amounts made available to carry out section 147 of 
title 23, United States Code, by section 1101 of this Act, 
there are authorized to be appropriated such sums as may be 
necessary to carry out such section 147 for fiscal year 2006 
and each fiscal year thereafter. Such funds shall remain 
available until expended.
  (e) [23 U.S.C. 129 note] National Ferry Database.--
          (1) Establishment.--The Secretary, acting through the 
        Bureau of Transportation Statistics, shall establish 
        and maintain a national ferry database.
          (2) Contents.--The database shall contain current 
        information regarding ferry systems, including 
        information regarding routes, vessels, passengers and 
        vehicles carried, funding sources and such other 
        information as the Secretary considers useful.
          (3) Update report.--Using information collected 
        through the database, the Secretary shall periodically 
        modify as appropriate the report submitted under 
        section 1207(c) of the Transportation Equity Act for 
        the 21st Century (23 U.S.C. 129 note; 112 Stat. 185-
        186).
          (4) Requirements.--The Secretary shall--
                  (A) compile the database not later than 1 
                year after the date of enactment of this Act 
                and update the database every 2 years 
                thereafter;
                  (B) ensure that the database is easily 
                accessible to the public; and
                  (C) make available, from the amounts made 
                available for the Bureau of Transportation 
                Statistics by section 5101 of this Act, not 
                more than $500,000 for each of fiscal years 
                2006 through 2009 to establish and maintain the 
                database.

           *       *       *       *       *       *       *

  (e) [23 U.S.C. 129 note] National Ferry Database.--
          (1) Establishment.--The Secretary, acting through the 
        Bureau of Transportation Statistics, shall establish 
        and maintain a national ferry database.
          (2) Contents.--The database shall contain current 
        information regarding ferry systems, including 
        information regarding routes, vessels, passengers and 
        vehicles carried, funding sources, including any 
        Federal, State, and local government funding sources, 
        and such other information as the Secretary considers 
        useful.
          (3) Update report.--Using information collected 
        through the database, the Secretary shall periodically 
        modify as appropriate the report submitted under 
        section 1207(c) of the Transportation Equity Act for 
        the 21st Century (23 U.S.C. 129 note; 112 Stat. 185-
        186).
          (4) Requirements.--The Secretary shall--
                  (A) compile the database not later than 1 
                year after the date of enactment of this Act 
                and update the database every 2 years 
                thereafter;
                  (B) ensure that the database is easily 
                accessible to the public;
                  (C) ensure that the database is consistent 
                with the national transit database maintained 
                by the Federal Transit Administration; and
                  [(D) make available, from the amounts made 
                available for the Bureau of Transportation 
                Statistics by section 5101 of this Act, not 
                more than $500,000 for each of fiscal years 
                2006 through 2014 to establish and maintain the 
                database.]
                  (D) make available, from the amounts made 
                available for each fiscal year to carry out 
                chapter 63 of title 49, not more than $500,000 
                to maintain the database.

SEC. 4407. RIGHTS-OF-WAY.

  Notwithstanding any other provision of law, the reciprocal 
rights-of-way and easements identified on the map numbered 
92337 and dated June 15, 2005, are [hereby enacted into law] 
granted.

           *       *       *       *       *       *       *


                                 MAP-21


                          [Public Law 112-141]


SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                    CONTENTS.

  (a) [23 U.S.C. 101 note] Short Title.--This Act may be cited 
as the ``Moving Ahead for Progress in the 21st Century Act'' or 
the ``MAP-21''.

   DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION 
                                PROGRAMS

                     TITLE I--FEDERAL-AID HIGHWAYS

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)* * *

           *       *       *       *       *       *       *


SEC. 1102. [23 U.S.C. 104 NOTE] 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;
          (2) $40,256,000,000 for fiscal year 2014; and
          (3) [$33,528,284,932] $40,256,000,000 for the period 
        beginning on October 1, 2014, and ending on [July 31, 
        2015] September 30, 2015.
  (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 2012, 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, and for the period beginning on October 
        1, 2014, and ending on [July 31, 2015] Septemver 30, 
        2015, only in an amount equal to $639,000,000, less any 
        reductions that would have otherwise been required for 
        that year by section 251A of the Balanced Budget and 
        Emergency Deficit Control Act of 1985 (2 U.S.C. 901a), 
        then multiplied by [\304/365\] \365/365\ for that 
        period).
  (c) Distribution of Obligation Authority.--For each of fiscal 
years 2013 through 2014 and for the period beginning on October 
1, 2014, and ending on [July 31, 2015] September 30, 2015, the 
Secretary--
          (1) shall not distribute obligation authority 
        provided by subsection (a) for the fiscal year or 
        period for--
                  (A) amounts provided for administrative 
                expenses and programs; 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 or, for the period 
        beginning on October 1, 2014, and ending on [July 31, 
        2015] September 30, 2015, that is equal to [\304/365\] 
        \365/365\ of such unobligated balance--
                  (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 or period, 
                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 or period), 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 or 
                period; 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 sections 202 and 204 of that 
        title) in the proportion that--
                  (A) amounts authorized to be appropriated for 
                the programs that are apportioned under title 
                23, United States Code, to each State for the 
                fiscal year or period; 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 or period.
  (d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall, after 
August 1 of each of fiscal years 2013 through 2015--
          (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 and for the period beginning on October 1, 2014, 
        and ending on [July 31, 2015] September 30, 2015, 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 or period 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 
                or period because of the imposition of any 
                obligation limitation for the fiscal year or 
                period.
          (2) Ratio.--Funds shall be distributed under 
        paragraph (1) in the same proportion as the 
        distribution of obligation authority under subsection 
        (c)(5).
          (3) Availability.--Funds distributed to each State 
        under paragraph (1) shall be available for any purpose 
        described in section 133(b) of title 23, United States 
        Code. 

           *       *       *       *       *       *       *


[SEC. 1116. [23 U.S.C. 167 NOTE] 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. [23 U.S.C. 167 NOTE] 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. [23 U.S.C. 167 NOTE] 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. 1123. [23 U.S.C. 202 NOTE] TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

  (a) Definitions.--In this section:
          (1)* * *

           *       *       *       *       *       *       *

  (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 and [$24,986,301] $30,000,000 out 
        of the general fund of the Treasury to carry out the 
        program for the period beginning on October 1, 2014, 
        and ending on July 31, 2015.

           *       *       *       *       *       *       *


SEC. 1317. [23 U.S.C. 109 NOTE] CATEGORICAL EXCLUSION FOR PROJECTS OF 
                    LIMITED FEDERAL ASSISTANCE.

  [Not later than]
  (a) In General.--Not later than180 days after the date of 
enactment of this Act, the Secretary shall--
  (b) Inflationary Adjustment.--The dollar amounts described in 
subsection (a) shall be adjusted for inflation--
          (1) effective October 1, 2015, to reflect changes 
        since July 1, 2012, in the Consumer Price Index for All 
        Urban Consumers published by the Bureau of Labor 
        Statistics of the Department of Labor; and
          (2) effective October 1, 2016, and each succeeding 
        October 1, to reflect changes for the preceding 12-
        month period in the Consumer Price Index for All Urban 
        Consumers published by the Bureau of Labor Statistics 
        of the Department of Labor.

           *       *       *       *       *       *       *


SEC. 1318. [23 U.S.C. 109 NOTE] PROGRAMMATIC AGREEMENTS AND ADDITIONAL 
                    CATEGORICAL EXCLUSIONS.

  (a) In General.--

           *       *       *       *       *       *       *

  (e) Programmatic Agreement Template.--
          (1) In general.--The Secretary shall develop a 
        template programmatic agreement described in subsection 
        (d) that provides for efficient and adequate procedures 
        for evaluating Federal actions described in section 
        771.117(c) of title 23, Code of Federal Regulations (as 
        in effect on the date of enactment of this subsection).
          (2) Use of template.--The Secretary--
                  (A) on receipt of a request from a State, 
                shall use the template programmatic agreement 
                developed under paragraph (1) in carrying out 
                this section; and
                  (B) on consent of the applicable State, may 
                modify the template as necessary to address the 
                unique needs and characteristics of the State.
          (3) Outcome measurements.--The Secretary shall 
        establish a method to verify that actions described in 
        section 771.117(c) of title 23, Code of Federal 
        Regulations (as in effect on the date of enactment of 
        this subsection), are evaluated and documented in a 
        consistent manner by the State that uses the template 
        programmatic agreement under this subsection.

           *       *       *       *       *       *       *


[SEC. 1319. [42 U.S.C. 4332A NOTE] 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. 1503. PROJECT APPROVAL AND OVERSIGHT.

  (a) In General.--

           *       *       *       *       *       *       *

  [(c) [23 U.S.C. 104 note] 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. 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] fiscal years 2013 through 2021 shall be made 
available--

           *       *       *       *       *       *       *


SEC. 50001. [23 U.S.C. 101 NOTE] SHORT TITLE.

  This division may be cited as the ``Transportation Research 
and Innovative Technology Act of 2012''.

                            TITLE I--FUNDING

SEC. 51001. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account):
          (1) Highway research and development program.--To 
        carry out sections [503(b), 503(d), and 509] section 
        503(b) of title 23, United States Code, $115,000,000 
        for each of fiscal years 2013 and 2014.

           *       *       *       *       *       *       *


             TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY


                          [Public Law 105-178]


SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.

           *       *       *       *       *       *       *


  (b) Interstate System Reconstruction and Rehabilitation Pilot 
Program.--
          (1) Establishment.--The Secretary shall establish and 
        implement an Interstate System reconstruction and 
        rehabilitation pilot program under which the Secretary, 
        notwithstanding sections 129 and 301 of title 23, 
        United States Code, may permit a State to collect tolls 
        on a highway, bridge, or tunnel on the Interstate 
        System for the purpose of reconstructing and 
        rehabilitating Interstate highway corridors that could 
        not otherwise be adequately maintained or functionally 
        improved without the collection of tolls.
          (2) Limitation on number of facilities.--The 
        Secretary may permit the collection of tolls under this 
        subsection on 3 facilities on the Interstate System. 
        Each of such facilities shall be located in a different 
        State.
          (3) Eligibility.--To be eligible to participate in 
        the pilot program, a State shall submit to the 
        Secretary an application that contains, at a minimum, 
        the following:
                  (A) An identification of the facility on the 
                Interstate System proposed to be a toll 
                facility, including [the age, condition, and 
                intensity of use of the facility] an analysys 
                demonstrating that the facility has a 
                significant age, condition, or intensity of use 
                to require expedited reconstruction or 
                rehabilitation .
                  (B) In the case of a facility that affects a 
                metropolitan area, an assurance that the 
                metropolitan planning organization established 
                under section 134 of title 23, United States 
                Code, for the area has been consulted 
                concerning the placement and amount of tolls on 
                the facility.
                  (C) An analysis demonstrating that the 
                facility could not be maintained or improved to 
                meet current or future needs from the State's 
                apportionments and allocations made available 
                by this Act (including amendments made by this 
                Act) and from revenues for highways from any 
                other source without toll revenues.
                  (D) A facility management plan that 
                includes--
                          (i) a plan for implementing the 
                        imposition of tolls on the facility;
                          (ii) a schedule and finance plan for 
                        the reconstruction or rehabilitation of 
                        the facility using toll revenues;
                          (iii) a description of the public 
                        transportation agency that will be 
                        responsible for implementation and 
                        administration of the pilot program , 
                        and that demonstrates the capability of 
                        that agency to perform or oversee the 
                        building, operation, and maintenance of 
                        a toll expressway system meeting 
                        criteria for the Interstate System;
                          (iv) a description of whether 
                        consideration will be given to 
                        privatizing the maintenance and 
                        operational aspects of the facility, 
                        while retaining legal and 
                        administrative control of the portion 
                        of the Interstate route; and
                          (v) such other information as the 
                        Secretary may require.
                  (E) An analysis showing how the State plan 
                for implementing tolls on the facility takes 
                into account the interests and use of local, 
                regional, and interstate travelers.
                  (F) An explanation of how the State will 
                collect tolls using electronic toll collection, 
                including at highway speeds, if practicable.
                  (G) A plan describing the proposed location 
                for the collection of tolls on the facility, 
                including any locations in proximity to a State 
                border.
                  (H) Approved documentation that the project--
                          (i) has received a categorical 
                        exclusion, a finding of no significant 
                        impact, or a record of decision under 
                        the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                          (ii) complies with the Uniform 
                        Relocation Assistance and Real Property 
                        Acquisition Policies Act of 1970 (42 
                        U.S.C. 4601 et seq.).
          [(4) Selection criteria.--The Secretary may approve 
        the application of a State under paragraph (3) only if 
        the Secretary determines that--
                  [(A) the State is unable to reconstruct or 
                rehabilitate the proposed toll facility using 
                existing apportionments;
                  [(B) the facility has a sufficient intensity 
                of use, age, or condition to warrant the 
                collection of tolls;
                  [(C) the State plan for implementing tolls on 
                the facility takes into account the interests 
                of local, regional, and interstate travelers;
                  [(D) the State plan for reconstruction or 
                rehabilitation of the facility using toll 
                revenues is reasonable; and
                  [(E) the State has given preference to the 
                use of a public toll agency with demonstrated 
                capability to build, operate, and maintain a 
                toll expressway system meeting criteria for the 
                Interstate System.]
          [(5)] (4) Limitations on use of revenues; audits.--
        [Before the Secretary may permit] As a condition of 
        permitting a State to participate in the pilot program, 
        the State must enter into an agreement with the 
        Secretary that provides that--
                  (A) all toll revenues received from operation 
                of the toll facility will be used only [for--] 
                for permissible uses described in section 
                129(a)(3) of title 23, United States Code; and
                          [(i) debt service;
                          [(ii) reasonable return on investment 
                        of any private person financing the 
                        project; and
                          [(iii) any costs necessary for the 
                        improvement of and the proper operation 
                        and maintenance of the toll facility, 
                        including reconstruction, resurfacing, 
                        restoration, and rehabilitation of the 
                        toll facility; and
                  (B) regular audits will be conducted to 
                ensure compliance with subparagraph (A) and the 
                results of such audits will be transmitted to 
                the Secretary.
          [(6) Limitation on use of interstate maintenance 
        funds.--During the term of the pilot program, funds 
        apportioned for Interstate maintenance under section 
        104(b)(4) of title 23, United States Code, may not be 
        used on a facility for which tolls are being collected 
        under the program.]
          (5) Application processing procedure.--
                  (A) In general.--Not later than 60 days after 
                receipt of an application under this 
                subsection, the Secretary shall provide to the 
                applicant a written notice informing the 
                applicant whether--
                          (i) the application is complete and 
                        meets all requirements under this 
                        subsection; or
                          (ii) additional information or 
                        materials are needed--
                                  (I) to complete the 
                                application; or
                                  (II) to meet the eligibility 
                                requirements under paragraph 
                                (3).
                  (B) Additional information or materials.--
                          (i) In general.--Not later than 60 
                        days after receipt of an application, 
                        the Secretary shall--
                                  (I) identify any additional 
                                information or materials that 
                                are needed under subparagraph 
                                (A)(ii); and
                                  (II) provide to the applicant 
                                written notice specifying the 
                                details of the additional 
                                required information or 
                                materials.
                          (ii) Amended application.--Not later 
                        than 60 days after receipt of the 
                        additional information under clause 
                        (i), the Secretary shall determine if 
                        the amended application is complete and 
                        meets all requirements under this 
                        subsection.
                  (C) Technical assistance.--On the request of 
                a State, the Secretary shall provide technical 
                assistance to facilitate the development of a 
                complete application under this paragraph that 
                is likely to satisfy the eligibility criteria 
                under paragraph (3).
                  (D) Approval of application.--On written 
                notice by the Secretary that the application is 
                complete and meets all requirements of this 
                subsection, the project is considered approved 
                and shall be permitted to participate in the 
                program under this subsection.
                  (E) Limitation on approved application.--
                          (i) In general.--For an application 
                        received under this subsection on or 
                        after the date of enactment of the 
                        DRIVE Act for the reconstruction or 
                        rehabilitation of a facility, a State 
                        shall--
                                  (I) not later than 1 year 
                                after the date on which the 
                                application is approved, issue 
                                a solicitation for a contract 
                                to provide for the 
                                reconstruction or 
                                rehabilitation of the facility; 
                                and
                                  (II) not later than 2 years 
                                after the date on which the 
                                application is approved, 
                                execute a contract for the 
                                reconstruction or 
                                rehabilitation of the facility.
                          (ii) Prior applications.--For an 
                        application that received a conditional 
                        provisional approval under this 
                        subsection before the date of enactment 
                        of the DRIVE Act, for the 
                        reconstruction or rehabilitation of a 
                        facility, a State shall--
                                  (I) not later than 1 year 
                                after the date of enactment of 
                                the DRIVE Act, issue a 
                                solicitation for a contract to 
                                provide for the reconstruction 
                                or rehabilitation of the 
                                facility; and
                                  (II) not later than 2 years 
                                after the date of enactment of 
                                the DRIVE Act, execute a 
                                contract for the reconstruction 
                                or rehabilitation of the 
                                facility.
                          (iii) Cancellation or extension.--If 
                        an applicable deadline under clause (i) 
                        or (ii) is not met, the Secretary 
                        shall--
                                  (I) cancel the application 
                                approval; or
                                  (II) grant an extension of 
                                not more than 1 year for the 
                                applicable deadline, on the 
                                condition that--
                                          (aa) there has been 
                                        demonstrable progress 
                                        toward meeting the 
                                        applicable 
                                        requirements; and
                                          (bb) the requirements 
                                        are likely to be met 
                                        within 1 year.
          (6) Limitation on the use of national highway 
        performance program funds.--During the term of the 
        pilot program, funds apportioned for the national 
        highway performance program under section 104(b)(1) of 
        title 23, United States Code, may not be used for a 
        facility for which tolls are being collected under the 
        pilot program unless the funds are used for a 
        maintenance purpose, as defined in section 101(a) of 
        title 23, United States Code.
          (7) Withdrawal.--A State may elect to withdraw 
        participation of the State in the pilot program at any 
        time.
          [(7)] (8)Program term.--The Secretary shall conduct 
        the pilot program under this subsection for a term to 
        be determined by the Secretary, but not less than 10 
        years after the date of enactment of the DRIVE Act.
          [(8)] (9) Interstate system defined.--In this 
        subsection, the term ``Interstate System'' has the 
        meaning such term has under section 101 of title 23, 
        United States Code.

           *       *       *       *       *       *       *


INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991

           *       *       *       *       *       *       *



SEC. 1001. COMPLETION OF INTERSTATE SYSTEM.

  (a) Declaration.--Congress declares that the authorizations 
of appropriations and apportionments for construction of the 
Dwight D. Eisenhower National System of Interstate and Defense 
Highways made by this section (including the amendments made by 
this section) are the final authorizations of appropriations 
and apportionments for completion of construction of such 
System.
  (b) Approval of Interstate Cost Estimate for Fiscal Year 
1993.--The Secretary shall apportion for all States (other than 
Massachusetts) for fiscal year 1993 the sums authorized to be 
appropriated for such year by section 108(b) of the Federal-Aid 
Highway Act of 1956 for expenditure on the Dwight D. Eisenhower 
National System of Interstate and Defense Highways, using the 
apportionment factors contained in revised table 5 of the 
Committee Print Numbered 102-24 of the Committee on Public 
Works and Transportation of the House of Representatives.

           *       *       *       *       *       *       *


SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

  (a) Findings.--The Congress finds that--
          (1) the construction of the Interstate Highway System 
        connected the major population centers of the Nation 
        and greatly enhanced economic growth in the United 
        States;
          (2) many regions of the Nation are not now adequately 
        served by the Interstate System or comparable highways 
        and require further highway development in order to 
        serve the travel and economic development needs of the 
        region; and
          (3) the development of transportation corridors is 
        the most efficient and effective way of integrating 
        regions and improving efficiency and safety of commerce 
        and travel and further promoting economic development.
  (b) Purpose.--It is the purpose of this section to identify 
highway corridors and evacuation routes of national 
significance; to include those corridors on the National 
Highway System; to allow the Secretary, in cooperation with the 
States, to prepare long-range plans and feasibility studies for 
these corridors; to allow the States to give priority to 
funding the construction of these corridors; and to provide 
increased funding for segments of these corridors that have 
been identified for construction.
  (c) Identification of High Priority Corridors on National 
Highway System.--The following are high priority corridors on 
the National Highway System:
          (1)* * *

           *       *       *       *       *       *       *

          [(13) Raleigh-Norfolk Corridor, Raleigh, North 
        Carolina, to Norfolk, Virginia.]
          (13) Raleigh-Norfolk Corridor from Raleigh, North 
        Carolina, through Rocky Mount, Williamston and 
        Elizabeth City, North Carolina, to Norfolk, Virginia.

           *       *       *       *       *       *       *

          [(68) The Washoe County corridor, along Interstate 
        Route 580/United States Route 95/United States Route 
        95A, from Reno, Nevada, to Las Vegas, Nevada.]
          (68) The Washoe County Corridor and the Intermountain 
        West Corridor shall generally follow:
                  (A) in the case of the Washoe County 
                Corridor, along Interstate Route 580/United 
                States Route 95/United States Route 95A, from 
                Reno, Nevada, to Las Vegas, Nevada; and
                  (B) in the case of the Intermountain West 
                Corridor, from the vicinity of Las Vegas 
                extending north along United States Route 95, 
                terminating at Interstate Route 80.

           *       *       *       *       *       *       *

          (81) United States Route 117/Interstate Route 795 
        from United States Route 70 in Goldsboro, Wayne County, 
        North Carolina, to Interstate Route 40 west of Faison, 
        Sampson County, North Carolina.
          (82) United States Route 70 from its intersection 
        with Interstate Route 40 in Garner, Wake County, North 
        Carolina, to the Port at Morehead City, Carteret 
        County, North Carolina.

           *       *       *       *       *       *       *

  (e) Provisions Applicable to Corridors.--
          (1) Long-range plan.--The Secretary, in cooperation 
        with the affected State or States, may prepare a long-
        range plan for the upgrading of each corridor to the 
        appropriate standard for highways on the National 
        Highway System. Each such plan may include a plan for 
        developing the corridor and a plan for financing the 
        development.
          (2) Feasibility studies.--The Secretary, in 
        cooperation with the affected State or States, may 
        prepare feasibility and design studies, as necessary, 
        for those corridors for which such studies have not 
        been prepared. A feasibility study may be conducted 
        under this subsection with respect to the corridor 
        described in subsection (c)(2), relating to Avenue of 
        the Saints, to determine the feasibility of an adjunct 
        to the Avenue of the Saints serving the southern St. 
        Louis metropolitan area and connecting with I-55 in the 
        vicinity of Route A in Jefferson County, Missouri. A 
        study may be conducted under this subsection to 
        determine the feasibility of constructing a more direct 
        limited access highway between Peoria and Chicago, 
        Illinois. A feasibility study may be conducted under 
        this paragraph to identify routes that will expedite 
        future emergency evacuations of coastal areas of 
        Louisiana.
          (3) Certification acceptance.--The Secretary may 
        discharge any of his responsibilities under title 23, 
        United States Code, relative to projects on a corridor 
        identified under subsection (c), upon the request of a 
        State, by accepting a certification by the State in 
        accordance with section 117 of such title.
          (4) Acceleration of projects.--To the maximum extent 
        feasible, the Secretary may use procedures for 
        acceleration of projects in carrying out projects on 
        corridors identified in subsection (c).
          (5) Inclusion of certain route segments on interstate 
        system.--
                  (A) In general.--The portions of the routes 
                referred to in subsection (c)(1), subsection 
                (c)(3) (relating solely to the Kentucky 
                Corridor), clauses (i), (ii), and (except with 
                respect to Georgetown County) (iii) of 
                subsection (c)(5)(B), subsection (c)(9), 
                subsection (c)(13), [subsections (c)(18) and 
                (c)(20)\1\, subsection (c)(36)] subsection 
                (c)(18), subsection (c)(20), subparagraphs (A) 
                and (B)(i) of subsection (c)(26), subsection 
                (c)(36), subsection (c)(37), subsection 
                (c)(40), subsection (c)(42), subsection 
                (c)(45), subsection (c)(54), [and subsection 
                (c)(57)] subsection (c)(57), subsection 
                (c)(68)(B), subsection (c)(81), and subsection 
                (c)(82) that are not a part of the Interstate 
                System are designated as future parts of the 
                Interstate System. Any segment of such routes 
                shall become a part of the Interstate System at 
                such time as the Secretary determines 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.

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                  (C) Routes.--
                          (i) Designation.--The portion of the 
                        route referred to in subsection (c)(9) 
                        is designated as Interstate Route I-99. 
                        The routes referred to in subsections 
                        (c)(18) and (c)(20) shall be designated 
                        as Interstate Route I-69. A State 
                        having jurisdiction over any segment of 
                        routes referred to in subsections 
                        (c)(18) and (c)(20) shall erect signs 
                        identifying such segment that is 
                        consistent with the criteria set forth 
                        in subsections (e)(5)(A)(i) and 
                        (e)(5)(A)(ii) as Interstate Route I-69, 
                        including segments of United States 
                        Route 59 in the State of Texas. The 
                        segment identified in subsection 
                        (c)(18)(D)(i) shall be designated as 
                        Interstate Route I-69 East, and the 
                        segment identified in subsection 
                        (c)(18)(D)(ii) shall be designated as 
                        Interstate Route I-69 Central. The 
                        State of Texas shall erect signs 
                        identifying such routes as segments of 
                        future Interstate Route I-69. The 
                        portion of the route referred to in 
                        subsection (c)(36) is designated as 
                        Interstate Route I-86. The Louie B. 
                        Nunn Parkway corridor referred to in 
                        subsection (c)(3) shall be designated 
                        as Interstate Route 66. A State having 
                        jurisdiction over any segment of routes 
                        and/or corridors referred to in 
                        subsections (c)(3) shall erect signs 
                        identifying such segment that is 
                        consistent with the criteria set forth 
                        in subsections (e)(5)(A)(i) and 
                        (e)(5)(A)(ii) as Interstate Route 66. 
                        Notwithstanding the provisions of 
                        subsections (e)(5)(A)(i) and 
                        (e)(5)(A)(ii), or any other provisions 
                        of this Act, the Commonwealth of 
                        Kentucky shall erect signs, as approved 
                        by the Secretary, identifying the 
                        routes and/or corridors described in 
                        subsection (c)(3) for the Commonwealth, 
                        as segments of future Interstate Route 
                        66. The Purchase Parkway corridor 
                        referred to in subsection (c)(18)(E) 
                        shall be designated as Interstate Route 
                        69. A State having jurisdiction over 
                        any segment of routes and/or corridors 
                        referred to in subsections (c)(18) 
                        shall erect signs identifying such 
                        segment that is consistent with the 
                        criteria set forth in subsections 
                        (e)(5)(A)(i) and (e)(5)(A)(ii) as 
                        Interstate Route 69. Notwithstanding 
                        the provisions of subsections 
                        (e)(5)(A)(i) and (e)(5)(A)(ii), or any 
                        other provisions of this Act, the 
                        Commonwealth of Kentucky shall erect 
                        signs, as approved by the Secretary, 
                        identifying the routes and/or corridors 
                        described in subsection (c)(18) for the 
                        Commonwealth, as segments of future 
                        Interstate Route 69. The route referred 
                        to in subsection (c)(45) is designated 
                        as Interstate Route I-22. [The routes 
                        referred to subparagraphs (A)(iii) and 
                        (B)(i) of subsection (c)(26) are 
                        designated as Interstate Route I-11.] 
                        The routes referred to in subparagraphs 
                        (A) and (B)(i) of subsection (c)(26) 
                        and in subsection (c)(68)(B) are 
                        designated as Interstate Route I-11.

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Highway and Transportation Funding Act of 2014

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SEC. 1001. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.

  (a) In general.--Except as provided in this subtitle, 
requirements, authorities, conditions, eligibilities, 
limitations, and other provisions authorized under divisions A 
and E of MAP-21 (Public Law 112-141), the SAFETEA-LU Technical 
Corrections Act of 2008 (Public Law 110-244), titles I, V, and 
VI of SAFETEA-LU (Public Law 109-59), titles I and V of the 
Transportation Equity Act for the 21st Century (Public Law 105-
178), the National Highway System Designation Act of 1995 (104-
59), titles I and VI of the Intermodal Surface Transportation 
Act of 1991 (Public Law 102-240), and title 23, United States 
Code (excluding chapter 4 of that title), which would otherwise 
expire on or cease to apply after September 30, 2014, are 
incorporated by reference and shall continue in effect until 
[July 31, 2015] September 30, 2015.
  (b) Authorization of appropriations.--
          (1) Highway Trust Fund.--Except as provided in 
        section 1002, there is authorized to be appropriated 
        out of the Highway Trust Fund (other than the Mass 
        Transit Account) for the period beginning on October 1, 
        2014, and ending on [July 31, 2015] September 30, 2015, 
        a sum equal to [\304/365\] \365/365\ of the total 
        amount authorized to be appropriated out of the Highway 
        Trust Fund for programs, projects, and activities for 
        fiscal year 2014 under divisions A and E of MAP-21 
        (Public Law 112-141) and title 23, United States Code 
        (excluding chapter 4 of that title).
          (2) General fund.--Section 1123(h)(1) of MAP-21 (23 
        U.S.C. 202 note) is amended by inserting ``and 
        $19,972,603 out of the general fund of the Treasury to 
        carry out the program for the period beginning on 
        October 1, 2014, and ending on May 31, 2015'' before 
        the period at the end.
  (c) Use of Funds.--
          (1) In general.--Except as otherwise expressly 
        provided in this subtitle, funds authorized to be 
        appropriated under subsection (b)(1) for the period 
        beginning on October 1, 2014, and ending on [July 31, 
        2015] September 30, 2015, shall be distributed, 
        administered, limited, and made available for 
        obligation in the same manner and at the same levels as 
        [\304/365\] \365/365\ of the amounts of funds 
        authorized to be appropriated out of the Highway Trust 
        Fund (other than the Mass Transit Account) for fiscal 
        year 2014 to carry out programs, projects, activities, 
        eligibilities, and requirements under MAP-21 (Public 
        Law 112-141), the SAFETEA-LU Technical Corrections Act 
        of 2008 (Public Law 110-244), SAFETEA-LU (Public Law 
        109-59), titles I and V of the Transportation Equity 
        Act for the 21st Century (Public Law 105-178), the 
        National Highway System Designation Act of 1995 (104-
        59), titles I and VI of the Intermodal Surface 
        Transportation Act of 1991 (Public Law 102-240), and 
        title 23, United States Code (excluding chapter 4 of 
        that title).
          (2) Contract Authority.--Funds authorized to be 
        appropriated out of the Highway Trust Fund (other than 
        the Mass Transit Account) under this section shall be--
                  (A) available for obligation and shall be 
                administered in the same manner as if such 
                funds were apportioned under chapter 1 of title 
                23, United States Code; and
                  (B) subject to section 1102 of MAP-21 (23 
                U.S.C. 104 note), as amended [by this 
                subsection].

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SEC. 1002. ADMINISTRATIVE EXPENSES.

  (a) Authorization of Contract Authority.--Notwithstanding any 
other provision of this Act or any other law, there is 
authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account), from amounts provided 
under section 1001, for administrative expenses of the Federal-
aid highway program [$366,465,753] $440,000,000 for the period 
beginning on October 1, 2014, and ending on [July 31, 2015] 
September 30, 2015.
  (b) Contract authority.--Funds authorized to be appropriated 
by this section shall be--
          (1) available for obligation, and shall be 
        administered, in the same manner as if such funds were 
        apportioned under chapter 1 of title 23, United States 
        Code, except that such funds shall remain available 
        until expended; and
          (2) for the period beginning on October 1, 2014, and 
        ending on [July 31, 2015] September 30, 2015, subject 
        to the limitations on administrative expenses under the 
        heading ``Federal Highway Administration'' in 
        appropriations Acts that apply to that period.

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