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                                                        Calendar No. 170
                                                       
                                                       
116th Congress  }                                              {   Report
                                 SENATE
 2d Session     }                                              {  116-200

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



 
          AMERICA'S TRANSPORTATION INFRASTRUCTURE ACT OF 2019

                                _______
                                

                January 8, 2020.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2302]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 2302) to amend title 23, United States 
Code, to authorize funds for Federal-aid highways and highway 
safety construction programs, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and recommends that the 
bill, as amended, do pass.

                    General Statement and Background


    Legislation authorizing Federal investment in our nation's 
highways dates back over 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 Federal 
fees, established new fees, and provided that most of the 
revenues from these fees 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 fees 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 
multimodal 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 Interstate 
System, principal arterial roads important for national 
defense, mobility, and commerce along with connections to 
intermodal transfer facilities, international commerce and 
border crossings, public transportation and commuter rail 
networks, 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, 
Americans depend on a well-maintained NHS that provides 
critical connections within and 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) was signed into law by President Barack Obama on July 6, 
2012 as Public Law 112-141. MAP-21 reauthorized the Federal-aid 
highway program at the Congressional Budget Office's baseline 
funding level of $75,274,819,674 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, 
refocus the Federal-aid highway program's investment in key 
networks and assets, improve the efficiency of infrastructure 
project delivery, increase flexibility, and establish data-
driven decision-making and performance criteria. MAP-21 
achieved many of those goals by consolidating and modernizing 
Federal surface transportation programs into a smaller number 
of programs with broader eligibilities, providing more grantee 
flexibility, and requiring data collection and performance 
targets for key transportation outcomes.

Fixing America's Surface Transportation Act

    On December 4, 2015, President Obama signed the Fixing 
America's Surface Transportation (FAST) Act (Pub. L. No. 114-
94) into law--the first Federal law in over a decade to provide 
long-term certainty and increased funding for surface 
transportation infrastructure planning and investment. The FAST 
Act authorized $225,190,000,000 over fiscal years 2016 through 
2020 for highway programs and maintained the structure of the 
various highway-related programs established in MAP-21. FAST 
maintained a focus on safety improvement, continued efforts to 
streamline project delivery and, for the first time ever, 
introduced both formula and competitive funding dedicated to 
highway and intermodal freight. With the enactment of FAST, 
State and local partners had a renewed Federal partnership that 
enabled them to carry out multi-year surface transportation 
plans with confidence.

America's Transportation Infrastructure Act

    America's Transportation Infrastructure Act (ATIA) builds 
on the success of the programs and comprehensive reforms and 
performance-based approach to transportation investment 
included in MAP-21 and FAST. It also provides another five 
years of program authorization, at an increased funding level, 
giving State and local governments the certainty and stability 
they need to improve and develop our nation's transportation 
infrastructure. ATIA is the largest amount of funding provided 
by highway reauthorization legislation in history. The bill 
authorizes $286,766,861,890 from the Highway Trust Fund for 
investments to maintain and repair America's roads and bridges 
and to keep our economy moving. Highlights of the legislation 
include:
    Strong, stable Federal partnership.-- ATIA builds upon the 
FAST Act and delivers a strong, stable Federal partnership 
through a 27 percent increase in funding over five years, 
relative to the previous five year period, with over 90 percent 
distributed to States by formula. Most importantly, this 
critical commitment is delivered on time and provides long-term 
continuity of funding for State and local governments to 
continue carrying out multi-year transportation plans.
    Infrastructure for Rebuilding America (INFRA).--ATIA 
increases funding for the Nationally Significant Freight and 
Highway Projects program, currently known as ``INFRA,'' by 
providing $5,500,000,000 over five years. The bill increases 
funding flexibilities, and prioritizes certain critical rural 
state Interstate System interchange projects as well as certain 
urban state projects. The bill increases the minimum amount of 
INFRA funds that go towards smaller projects from 10 percent to 
15 percent. The bill also increases the amount that may be used 
for eligible multimodal projects to 30 percent of the amounts 
made available for grants in each of fiscal years 2021 through 
2025. This is an increase from the $500,000,000 multimodal 
project limit provided in the FAST Act. The bill sets aside 
$150,000,000 per year for a pilot program that prioritizes 
projects offering a higher non-Federal match. The bill also 
creates new grant administration transparency requirements.
    Bridge investment program.--ATIA authorizes $6,530,000,000 
over five years, including $3,265,000,000 from the Highway 
Trust Fund, for a competitive bridge program to address the 
backlog of bridges in or near poor condition nationwide. Every 
State with a well-justified proposal will receive funding to 
improve the condition and safety of its aging bridges. In 
addition, in order to enable agencies to support large bridge 
projects, no less than 50 percent of the program will support 
bridges with a total project cost larger than $100,000,000. 
This program provides the opportunity for the use of multi-year 
grant agreements for large projects, to enable more bridge 
projects to receive the grant funding needed to proceed to 
construction. This legislation also includes a tribal set-aside 
of $100,000,000 over the reauthorization to be directed to the 
Tribal Transportation Bridge Program.
    New safety programs.--In addition to increases in the 
existing Highway Safety Improvement Program, ATIA includes a 
new safety funding supplemental of $500,000,000 per year 
distributed to States based on their current formula share with 
a portion sub-allocated to urbanized and non-urbanized areas of 
each State based on population. These funds support projects 
that would lower motor vehicle-related fatalities, with a 
particular focus on bicyclist and pedestrian safety. States can 
receive greater project flexibility and a higher Federal share 
if they meet certain safety planning requirements. In addition, 
States and local governments that have made progress on 
reducing fatalities can compete for additional funding awards.
    ATIA provides $250,000,000 over 5 years for projects 
designed to reduce wildlife-vehicle collisions, adds new 
eligibilities for wildlife crossing structures within formula 
and competitive programs, and prioritizes the research and 
development of animal detection systems to reduce the number of 
wildlife-vehicle collisions.
    Project delivery and process improvement.--ATIA codifies 
core elements of the One Federal Decision policy for highway 
projects including: a 2-year goal for completion of 
environmental reviews; a 90-day timeline for related project 
authorizations; a single environmental document and record of 
decision to be signed by all participating agencies; and an 
accountability and tracking system managed by the Secretary of 
the Department of Transportation (DOT). In addition, the bill 
provides project sponsors with the flexibility to apply the 
core elements of the One Federal Decision policy to highway 
projects that require an environmental assessment.
    ATIA provides flexibility to DOT during the environmental 
review process, allowing the agency to set a schedule for 
projects, and limiting a possible extension request for other 
participating agencies to only one year. In addition, the bill 
requires the Secretary to provide a list of categorical 
exclusions applicable to highway projects to regulatory 
agencies and directs those agencies to publish a notice of 
proposed rulemaking to adopt relevant categorical exclusions, 
as appropriate, within one year.
    To accelerate project delivery and to ensure the equitable 
treatment of States by the DOT, ATIA requires the Secretary to 
exercise all available flexibilities under current law, as long 
as they are in the public interest. The bill requires the 
Secretary to develop a simplified template for Federal-State 
stewardship agreements and to remove non-statutory approval 
requirements from such agreements. The bill amends DOT 
regulations to lower paperwork burdens on States associated 
with traffic management plans for highway projects, work zone 
process reviews, and intelligent transportation system 
standards.
    ATIA includes changes to the Transportation Infrastructure 
Finance and Innovation Act (TIFIA) program to streamline the 
application process and to increase transparency and timeline 
certainty for projects seeking TIFIA funds. Additionally, the 
bill adds new eligibilities to the TIFIA program.
    ATIA increases funding for the Technology and Innovation 
Deployment Program. These funds include $100,000,000 to support 
new and innovative construction technologies for smarter, 
accelerated project delivery.
    Tribal and Federal lands programs.--ATIA provides increased 
funding for tribal and Federal lands transportation programs, 
which includes $2,975,000,000 for the Tribal Transportation 
Program and $2,165,000,000 for the Federal Lands Transportation 
Program over five years. In addition, the bill provides 
$250,000,000 over five years in dedicated funding for the 
Nationally Significant Federal Lands and Tribal Projects 
program, which will fund the construction and rehabilitation of 
nationally significant projects on Federal and tribal lands.
    Climate change.--ATIA includes a new title dedicated to 
climate change including new programs to improve resiliency, 
protect the environment, and reduce emissions.
    ATIA invests $4,930,000,000 over 5 years in a new 
resiliency program to protect roads and bridges from natural 
disasters such as wildfires, and extreme weather events such as 
hurricanes, flooding, and mudslides. The new program includes 
both formula and competitive grant funding. This program will 
distribute $3,930,000,000 to States based on their current 
formula share. The remaining $1,000,000,000 will support 
resiliency projects nationwide on a competitive basis, 
including projects designed to improve resilience in coastal 
States and funds for emergency evacuation routes.
    ATIA includes $3,000,000,000 over 5 years in new funding 
distributed to States based on their current formula share to 
support projects, with a portion sub-allocated to urbanized and 
non-urbanized areas of each State based on population, to lower 
highway-related carbon emissions. States can receive greater 
project flexibility and a higher Federal share if they meet 
certain emissions planning requirements. States and cities that 
have made progress in lowering their highway-related carbon 
emissions can also compete for an additional $500,000,000 over 
5 years. Further, in preparation for the expected increase of 
alternative fuel vehicles, the bill establishes a competitive 
grant program funded at $1,000,000,000 over 5 years, for States 
and localities to build hydrogen, natural gas, and electric 
vehicle (EV) fueling infrastructure along designated highway 
corridors which lack sufficient infrastructure.
    ATIA includes $200,000,000 over 5 years for a new program 
to help States and cities reduce traffic congestion in and 
around large urbanized areas, and $370,000,000 over five years 
for a new program to reduce truck emissions at ports.
    The bill also includes reauthorization of the Diesel 
Emissions Reduction Act (DERA) program through voluntary grants 
and rebates, which reduces emissions from diesel engines, and 
the Utilizing Significant Emissions with Innovative 
Technologies (USE IT) Act, to support research and deployment 
of carbon capture, utilization, and sequestration projects and 
carbon dioxide pipelines.

Conclusion

    Improving the nation's surface transportation 
infrastructure and improving upon the previously enacted 
reforms included in MAP-21 and FAST, and delivering five years 
of funding certainty at an increased funding level, will 
provide long-term benefits to the United States. With a 27 
percent increase above the FAST Act and a first of its kind 
climate title, ATIA would be a bill of historic proportions and 
would deliver the largest funding authorization ever enacted. 
The bill also maintains each State's share of highway formula 
funding, ensuring that each State will receive increased 
funding. Further, the bill expands the flexibility and eligible 
uses of formula funds. These key features 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. In addition to funding certainty and program 
stability, the bill includes key priorities and targeted 
reforms designed to improve the safety of roadway users, 
accelerate project delivery, improve resiliency to disasters, 
reduce highway emissions, and grow the economy.

                     Objectives of the Legislation

    S. 2302, as amended, authorizes Federal-aid highway and 
highway safety construction programs through Fiscal Year 2025.

                      Section-by-Section Analysis


Sec. 1. Short title; table of contents

    Section 1 states that the Act may be cited as ``America's 
Transportation Infrastructure Act of 2019'' (ATIA) and includes 
a Table of Contents.

Sec. 2. Definitions

    Section 2 defines the ``Department'' for the purpose of the 
Act as the Department of Transportation, and defines the 
``Secretary'' for the purposes of the Act as the Secretary of 
Transportation.

Sec. 3. Effective date

    Section 3 provides that ATIA and amendments made by ATIA 
take effect on October 1, 2020.

                     TITLE I--FEDERAL-AID HIGHWAYS

                SUBTITLE A--AUTHORIZATIONS AND PROGRAMS

Sec. 1101. Authorization of appropriations

    Section 1101 provides the level of contract authority 
funding to be made available from the Highway Trust Fund, as 
well as the level of certain authorizations for appropriation 
from the General Fund, for Federal-aid highway programs for the 
five-year authorization period of the bill, fiscal years 2021 
through 2025.

Sec. 1102. Obligation ceiling

    Section 1102 sets the annual limitation on obligations for 
Federal-aid highway programs for each of fiscal years 2021 
through 2025. 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. 1103. Definitions

    Section 1103 modifies the definition of the term 
``construction'' to include activities associated with 
assessing resilience and building wildlife crossing structures, 
modifies the definition of the term ``transportation systems 
management and operations'' to include consideration of 
incorporating natural infrastructure, and adds definitions for 
the terms ``resilience'' and ``natural infrastructure'' to the 
list of defined terms under Section 101 of title 23.

Sec. 1104. Apportionment

    Section 1104 provides the amounts for administrative 
expenses of FHWA for each fiscal year and the calculation 
process for distributing Federal-aid highway funds between 
programs and among the States.

Sec. 1105. National highway performance program

    Section 1105 augments the purpose of the National Highway 
Performance Program (NHPP) to include a focus on measures that 
increase resiliency to the impacts of sea level rise, extreme 
weather events, flooding, and other natural disasters, such as 
earthquakes and rockslides. This section allows a State to use 
up to 15 percent of its NHPP funds for protective features on a 
Federal-aid highway or bridge that is off the National Highway 
System if the protective feature is designed to mitigate the 
risk of recurring damage or the cost of future repairs from 
extreme weather events, flooding, or other natural disasters.

Sec. 1106. Emergency relief

    Section 1106 clarifies the Emergency Relief (ER) program to 
include repairing damage from natural disasters over a wide 
area caused by wildfire and sea level rise and to allow the use 
of ER program funds for protective features designed to 
mitigate the risk of recurring damage or the cost of future 
repairs from extreme weather events, flooding, or other natural 
disasters.
    This section also removes the restriction on funding for 
certain projects that were already included on a statewide 
transportation improvement plan at the time of a disaster. This 
section also expands the definition of a comparable facility to 
include a facility that incorporates economically justifiable 
improvements designed to mitigate the risk of recurring damage 
from extreme weather events, flooding, or other natural 
disasters.

Sec. 1107. Federal share payable

    Section 1107 provides for a Federal share payable of up to 
100 percent for a protective feature on a Federal-aid highway 
or bridge project if such protective feature is an improvement 
designed to mitigate the risk of recurring damage or the cost 
of future repair from extreme weather events, flooding, and 
other natural disasters.

Sec. 1108. Railway-highway grade crossings

    Section 1108 continues to set aside $245,000,000 of the 
funding authorized for the Highway Safety Improvement Program 
(HSIP) for the Railway-Highway Crossings (Section 130) Program 
for each of fiscal years 2021 through 2025. This section 
removes the requirement that at least half of the funds set 
aside for the Section 130 program must be for the installation 
of protective devices at railway-highway crossings. This 
section increases the Federal share for projects funded under 
the Section 130 program from 90 to 100 percent. This section 
emphasizes eligibility for projects to reduce pedestrian 
fatalities and injuries from trespassing at grade crossings, 
and states that it is the sense of Congress that the DOT 
should, where feasible, coordinate efforts to prevent or reduce 
trespasser deaths along railroad rights-of-way and at or near 
railway-highway crossings. This section requires the 
Comptroller General to submit a report that includes an 
analysis of the effectiveness of the Section 130 program as a 
set-aside within HSIP.

Sec. 1109. Surface transportation block grant program

    Section 1109 increases the amount of funding set aside 
within the Surface Transportation Block Grant (STBG) Program 
for the Transportation Alternatives Program (TAP), increases 
the minimum percentage of TAP funding that is sub-allocated on 
the basis of population to 57.5 percent, and provides a process 
by which States may opt to increase that percentage to as high 
as 100 percent. This section allows a State to elect to use up 
to 7 percent of TAP funds on technical and application 
assistance and administration, adds eligibilities for smaller 
communities to apply for TAP funding, and adds flexibility to 
the application of Federal share requirements under TAP.
    This section also adds new eligibilities to STBG including 
the construction of wildlife crossing structures, rural barge 
landings, docks, and waterfront infrastructure projects, and 
the construction of certain privately-owned ferry boats and 
terminals. This section allows program funds to be used for 
projects that use natural infrastructure to enhance resilience 
of a transportation facility otherwise eligible for assistance 
under STBG. This section also allows low water crossing 
replacement projects to be eligible for use under the off-
system bridge set-side, and allows such projects to be eligible 
for soft match credit if an entity pursues a project with its 
own funds. This section maintains the percentage of STBG 
funding that is suballocated at 55 percent.

Sec. 1110. Nationally significant freight and highway projects

    Section 1110 amends the Nationally Significant Freight and 
Highway Projects (NSFHP) program (also known as the INFRA grant 
program) by setting aside $1,000,000,000 for certain critical 
rural state Interstate System interchange projects and certain 
urban state projects, and by raising the cap on eligible 
multimodal projects to 30 percent of the amounts made available 
for grants in each of fiscal years 2021 through 2025. This 
section provides a limited amount of funds (no more than two 
percent of program funds total) for the purposes of grant 
application review, grant administration, and oversight by the 
National Surface Transportation and Innovative Finance Bureau 
(also known as the Build America Bureau), and by the relevant 
operating administrations.
    This section sets aside $150,000,000 per year of NSFHP 
funds for a pilot program that prioritizes applications 
offering the greatest non-Federal share of project costs. The 
purpose of the pilot program is to incentivize eligible 
entities to offer more of their own funding by instructing DOT 
to prioritize grants that include larger State or non-Federal 
matches. In implementing the program, the Secretary is 
encouraged to fund multiple projects that improve the 
performance and safety of the national highway system, 
including by utilizing road designs that separate commercial 
truck traffic from passenger vehicle traffic.
    This section also increases the minimum amount (from 10 
percent to 15 percent) that the Secretary shall reserve for 
small projects, as defined by NSFHP, and requires that not less 
than 30 percent of funds reserved for small projects be used 
for certain projects in rural areas. This section also 
increases the Federal share allowable for small projects from 
60 to 80 percent, and allows increased maximum Federal 
involvement for a State with a population density of not more 
than 80 persons per square mile.
    This section also adds the enhancement of freight 
resilience to natural hazards or disasters such as high winds, 
heavy snowfall, flooding, rockslides, mudslides, wildfire, or 
steep grades as an additional consideration when making NSFHP 
grants. The section adds wildlife crossings, surface 
transportation improvements functionally connected to an 
international border crossing, and marine highway projects 
functionally connected to the National Highway Freight Network 
as eligible projects.
    This section allows NSFHP grants and other competitively 
awarded grants greater than $5,000,000 to be expended after 
grant selection but prior to the grant agreement being signed, 
and for such funds to be credited toward the non-Federal cost 
share of the project. This section expands the transparency 
requirements in project selection and requires the Secretary to 
provide each eligible applicant not selected for an NSFHP grant 
a written notification that the eligible applicant was not 
selected, which shall include an offer for a debrief as to why 
the project was not selected. For each project selected for a 
grant, this section requires the Secretary to submit a report 
to Congress explaining the reasons the project was selected. 
Further, this section requires the Comptroller General and the 
DOT Inspector General to conduct separate assessments of the 
NSFHP project selection process.

Sec. 1111. Highway safety improvement program

    Section 1111 restores flexibility to fund certain non-
infrastructure activities and behavioral safety projects, such 
as educational campaigns about traffic safety and enforcement 
activities, and allows a State to spend up to 25 percent of its 
Highway Safety Improvement Program funds on such projects. This 
section includes leading pedestrian intervals as an eligible 
highway safety improvement project. Leading pedestrian 
intervals are traffic signals that allow pedestrians to begin 
walking prior to the green light for vehicles, which improves 
pedestrian safety.

Sec. 1112. Federal lands transportation program

    Section 1112 raises the cap on Federal Lands Transportation 
Program (FLTP) funds that may be used to improve public safety 
and reduce wildlife vehicle collisions while maintaining 
habitat connectivity from $10,000,000 to $20,000,000 per year. 
This section also requires entities carrying out FLTP projects 
to consider the use of native plants and designs that minimize 
runoff and heat generation.

Sec. 1113. Federal lands access program

    Section 1113 broadens activities eligible under the Federal 
Lands Access Program (FLAP) to include contextual wayfinding 
markers, landscaping, and cooperative mitigation of visual 
blight. This section also requires entities carrying out FLAP 
projects to consider the use of native plants and designs that 
minimize runoff and heat generation. This section also allows 
the use of context-sensitive solutions, which help to ensure 
that designs for a built structure's size, scale, spacing, 
lighting, materials, and other design elements are respectful 
of the setting's natural, scenic, historical, archaeological, 
and cultural values and visually connect or integrate the 
character of the Federal lands with adjacent areas and 
communities.

Sec. 1114. National highway freight program

    Section 1114 increases the maximum number of highway miles 
a State may designate as critical rural freight corridors from 
150 to 300 miles, and as critical urban freight corridors from 
75 to 150 miles. This section also provides additional 
flexibility for lower population-density States to designate as 
critical rural freight corridors a maximum of 600 miles of 
highway, or 25 percent of the primary highway freight system 
mileage in the State--whichever is greater. The section 
increases the percent of program funds that may be used for 
eligible multimodal projects from a 10 percent cap to a 30 
percent cap, and adds lock, dam, and marine highway projects as 
eligible as long as the projects are functionally connected to 
the National Highway Freight Network and are likely to reduce 
on-road mobile source emissions.

Sec. 1115. Congestion mitigation and air quality improvement program

    Section 1115 adds flexibility to the Congestion Mitigation 
and Air Quality Improvement Program (CMAQ) by allowing States 
to spend up to 10 percent of CMAQ funds on certain lock and dam 
modernization or rehabilitation projects and certain marine 
highway corridor, connector, or crossings projects if such 
projects are functionally connected to the Federal-aid highway 
system and are likely to contribute to the attainment or 
maintenance of a national ambient air quality standard. This 
section also clarifies when eligible transit operating costs 
are not subject to a time limitation or phase-out requirement.

Sec. 1116. National scenic byways program

    Section 1116 requires the Secretary to issue a request for 
nominations with respect to roads to be designated under the 
National Scenic Byways Program, and to publish the list of 
newly designated roads within one year of the date of 
enactment. This section does not provide funding for the 
program.

Sec. 1117. Alaska highway

    Section 1117 clarifies that the Secretary may provide 
allocated and apportioned funding for certain sections of the 
Alaska Highway, including sections in Canada, if the highway 
meets all applicable eligibility requirements. This section 
does not create new programs or funding sources. This section 
does not alter current or require new agreements between the 
United States and Canada.

Sec. 1118. Toll roads, bridges, tunnels, and ferries

    Section 1118 clarifies that the construction of ferry boats 
and terminals also includes the construction of maintenance 
facilities, and permits the use of Federal funds to procure 
transit vehicles as part of the ferry boat program if the 
vehicles are used exclusively as part of an intermodal ferry 
trip.

Sec. 1119. Bridge investment program

    Section 1119 establishes a new competitive grant program at 
23 U.S.C. 124 to assist State, local, Federal and tribal 
entities in rehabilitating or replacing bridges, including 
culverts.
    Subsection 124(a) defines eligible projects, which include 
a bundle of projects and culverts, and defines large projects, 
which means an eligible project with total eligible project 
costs of greater than $100 million.
    Subsection (b) establishes the program, and outlines 
program goals to improve the safety and condition of bridges in 
poor condition or that are at risk of falling into poor 
condition within 3 years, or that are not designed 
appropriately to meet the load and traffic requirements of the 
regional transportation network of which they are a part.
    Subsection (c) sets forth grant authority, and minimum 
grant amounts for large projects and other eligible projects. 
The minimum grant amount for a large project is not less than 
$50,000,000; the minimum grant amount for any other eligible 
project is $2,500,000. In all cases, grant amounts, in 
combination with other anticipated funds, should be of a size 
sufficient to enable the project to proceed through completion. 
Further, subsection (c) details the maximum amount of 
assistance to be provided for projects, as well as Federal 
share requirements. Subsection (c) outlines the considerations 
the Secretary shall make when awarding grants. This subsection 
also prioritizes certain projects within States that have 
applied for but have yet to receive grants, and requires the 
Secretary, during the period of fiscal years 2021 through 2025, 
to award each State with not fewer than either 1 large project, 
or 2 other than large projects. In both cases, the Secretary 
shall only award funds to a project if the award is justified 
based on an evaluation of the project's application. Subsection 
(c) also places a 5 percent cap on the amount of funds to be 
made available for each fiscal year for eligible projects that 
consist solely of culvert replacement or rehabilitation.
    Subsection (d) lists entities that are eligible to receive 
grants under the program.
    Subsection (e) outlines eligible project requirements.
    Subsection (f) details the competitive process and 
evaluation of eligible projects other than large projects which 
requires the Secretary to solicit grant applications annually, 
to evaluate the proposed projects' benefits and costs and the 
likelihood that benefits outweigh costs, and to assign a 
quality rating on the basis of that evaluation. In addition, 
the Secretary is required to develop a template for applicants 
to summarize project needs and benefits with the goal of 
improving access to the program for all applications and 
reducing the cost of application development.
    Subsection (g) details the application and evaluation 
process for large projects, which are projects with over 
$100,000,000 in total project costs. This subsection requires 
the Secretary to submit an annual report to Congress on funding 
recommendations for large projects, subject to certain 
requirements, limitations, and considerations. This subsection 
requires the Secretary to determine whether an application is 
complete, and to evaluate each large project application in 
order to determine whether or not the project is justified. 
This subsection requires the Secretary to evaluate and rate 
certain large project attributes, including the application's 
benefits, cost effectiveness, and long-term financial 
commitments, on a 5-point scale: `high', `medium-high', 
`medium', `medium-low', and `low'. This subsection requires 
that, in order to be considered justified and receive a 
recommendation for funding in the annual report, the project 
must receive a rating of not less than `medium' for these 
certain attributes. This subsection requires that the Secretary 
submit an annual report on the large projects that are 
recommended for funding to the Committees on Transportation and 
Infrastructure and Appropriations of the House of 
Representatives, and the Committees on Environment and Public 
Works and Appropriations of the Senate, in which the Secretary 
may also recommend the use of funds from the General Fund of 
the Treasury to fund large projects.
    Subsection (h) outlines eligible project costs.
    Subsection (i) provides that on the request of an eligible 
entity, the Secretary may use amounts awarded to the entity to 
pay subsidy and administrative costs of Federal credit 
assistance under TIFIA if such assistance is for the project 
for which the grant was awarded.
    Subsection (j) authorizes the Secretary to provide funding 
for large projects in the form of multiyear grant agreements 
and details the terms and other parameters of such agreements.
    Subsection (k) permits the Secretary to, under certain 
conditions, pay an applicant all eligible project costs under 
the program, including costs for activities incurred prior to 
the date the project receives funding under the program.
    Subsection (l) outlines the treatment of Federally-owned 
bridges under the program, and requires agencies that own such 
bridges to consider divestment options after project 
completion. Federal agencies may submit joint applications with 
the State or local entity to which the bridge may be divested.
    Subsection (m) requires that the Secretary notify Congress 
before making a grant for an eligible project under the 
program.
    Subsection (n) contains separate program reporting 
requirements for the Secretary and the Comptroller General.
    Subsection (o) requires that at least 50 percent of program 
funds, in the aggregate from fiscal years 2021 through 2025, be 
used for large projects.
    Subsection (p) sets aside a total of $100 million over five 
years for tribal bridge projects.
    In general, the Committee has prioritized the distribution 
of Federal-aid highway funding under ATIA by formula so that 
funds improve the surface transportation networks of all 
States, and it is the intent of the Committee that each State 
benefit from funding provided under this section. Consistent 
with this prioritization of nationally distributed benefits, 
funding provided for the Bridge Investment Program, although 
competitively awarded, is conditioned in a way that provides 
assurance to each State that it will receive a grant or grants 
under the program if it consistently submits sufficiently 
qualified applications. It is the intent of the Committee that 
the Bridge Investment Program responds to both the national 
interest in having a competitive process based on project 
ratings as well as each State's interest in addressing bridges 
in poor condition or nearing poor condition within that State.
    More specifically, to be able to receive a grant for a 
project under the per State minimum grant award requirement in 
subsection (c), the Secretary is to determine that an eligible 
bridge project is justified under subsection (g)--for a large 
project--or under subsection (f) for a project other than a 
large project. In the case of large projects, paragraph (4) of 
subsection (g) lists factors and paragraph (5) states that DOT 
is to develop ratings for large bridge projects. The ratings 
are ``high'', ``medium-high'', ``medium'', ``medium-low'', and 
``low''. Paragraph (5) also specifies that in order for a large 
project to be considered justified, the application does not 
have to be rated higher than medium across certain specified 
attributes. However, that requirement does not assure each 
State receipt of a large project grant, as DOT can satisfy the 
State guarantee provision under subsection (c) through grants 
for projects other than large projects.
    In the case of grant applications for projects other than 
large projects, subsection (f) does not specify a rating system 
as is done in subsection (g) for large projects. It is the 
intent of the Committee that the Secretary have more 
flexibility as to the establishment of a ratings scheme for 
projects other than large projects. Paragraph (3) of subsection 
(f) refers to a project receiving a ``quality'' rating without 
elaborating as to what quality rating would deem the project to 
be a ``justified'' project. However, the structure of the 
provision is clear that a similar rating system is to be 
applied by the Secretary to projects other than large projects; 
it is to be similar to or as is required in the case of large 
projects. Further, it is the intent of the Committee that an 
application for a project other than a large project does not 
have to earn the highest rating, or even an above average 
rating, to be considered justified for the purposes of the per 
State minimum grant award requirement in subsection (c). 
Instead, it is the intent of the Committee that any project 
that receives at least a medium quality rating, as determined 
by the Secretary, shall be considered a justified project.

Sec. 1120. Safe routes to school program

    Section 1120 amends the Safe Routes to School Program to 
apply the program through 12th grade to enable and encourage 
high school students to walk and bike to school safely.

Sec. 1121. Highway use tax evasion projects

    Section 1121 reauthorizes funding to be used by the 
Secretary in conjunction with the Internal Revenue Service to 
address highway use tax evasion for fiscal years 2021 through 
2025.

Sec. 1122. Construction of ferry boats and ferry terminal facilities

    Section 1122 increases funding for the ferry boat program, 
which funds the construction of ferry boats and ferry terminal 
facilities. This section authorizes a total of $440,000,000 in 
funding from the Highway Trust Fund for fiscal years 2021 
through 2025.

Sec. 1123. Balance for exchanges program

    Section 1123 establishes the Balance Exchanges for 
Infrastructure program for the purpose of incentivizing certain 
States and the Department of Transportation to use unobligated 
balances of funding to improve highway infrastructure. This 
section requires the Secretary to reserve a portion of the 
unobligated and unallocated carryover balances from the 
Transportation Infrastructure Finance and Innovation Act 
(TIFIA) program for transfers to the new program established 
under this section. Prior to making such transfers, this 
section requires the Secretary to solicit from States that 
contain one or more counties in the Appalachian region requests 
to exchange all or a portion of unobligated amounts apportioned 
for projects on the Appalachian Development Highway System 
(ADHS) in return for an equal amount of new funding. Also, 
prior to making such transfers, this section requires the 
Secretary to solicit grant applications for projects along the 
uncompleted portions of the ADHS. The section provides that any 
State that enters into an agreement to exchange ADHS funds 
shall not be eligible to compete for the ADHS grants.
    In the case of States that request to exchange ADHS 
funding, this section requires the Secretary to enter into 
agreements with such States under which those States shall 
return unobligated ADHS amounts in exchange for an equal amount 
of new funding. This section provides that this new funding 
shall be available for projects eligible under the Surface 
Transportation Block Grant program. To fund the exchanges, the 
section requires the Secretary to make transfers from the TIFIA 
program in an amount that is the lesser of the total amount of 
ADHS funding requested for exchange, the total amount requested 
for competitive ADHS grants, or the amount by which the 
unobligated and unallocated TIFIA carryover balance exceeds the 
amount made available to carry out the TIFIA program for that 
fiscal year. In the event that the amounts of ADHS funding 
proposed for exchange exceed the amounts available for 
exchange, the section requires the Secretary to make the 
funding exchanges on a proportional basis. This section 
requires the Secretary to then use ADHS funds returned in 
conjunction with the exchanges to competitively fund 
applications for new ADHS highway projects that are reasonably 
expected to begin construction within two years.

Sec. 1124. Safety incentives program

    Subsection (a) of Section 1124 amends title 23 to establish 
a supplemental formula safety program (at 23 U.S.C. 172) and a 
competitive safety performance awards program (at 23 U.S.C. 
173). These programs provide funding to States and urbanized 
areas to expand investments in transportation safety projects. 
These are respectively entitled the Formula Safety Incentive 
Program, and the Fatality Reduction Performance Program.
    Formula Safety Incentive Program.--Subsection (a) of 
section 172 contains definitions of a metropolitan planning 
organization (MPO) and an urbanized area, a transportation 
planning area, a vulnerable road user, and a vulnerable road 
user safety focus area.
    Subsection (b) of section 172 requires the Secretary to 
distribute formula funding awards in the same proportion as the 
primary Federal-aid highway funding that is formula apportioned 
to States.
    Subsection (c) of section 172 requires States to use 50 
percent of their funding awards on certain safety-related 
eligible projects, and limits eligibility for certain States 
and MPOs that are vulnerable road user safety focus areas to 
highway safety projects that improve the safety of vulnerable 
road users such as pedestrians and bicyclists.
    Subsection (d) of section 172 establishes eligibility 
requirements and incentives for the remaining 50% of each 
State's funding award. In general, each State is required to 
spend the remaining half of their funding on the same safety-
related projects described in subsection (c). However, under 
this subsection, each State may develop and publish a 
vulnerable road user safety assessment and in return receive 
greater flexibility and Federal cost share on the remaining 50% 
of their award. Each assessment consists of a report on the 
performance of the State with respect to vulnerable road user 
safety and a project plan, developed in consultation with 
relevant metropolitan planning organizations, to improve 
vulnerable road user safety. States that publish a vulnerable 
road user assessment and incorporate such assessment into their 
long-range transportation plans are permitted to spend the 
remaining 50% of their award on any project eligible under the 
Surface Transportation Block Grant (STGB) program and at 
increased Federal share.
    Subsection (e) of section 172 contains suballocation 
requirements.
    Fatality Reduction Performance Program.--Subsection (a) of 
section 173 contains definitions of a metropolitan planning 
organization and an urbanized area, a qualifying State, and a 
qualifying unit of a local government. Qualifying States and 
units of local governments are defined as those jurisdictions 
that have demonstrated measurable success at lowering serious 
injuries and fatalities.
    Subsection (b) of section 173 directs the Secretary to 
establish a competitive grant program to competitively award 
grants to such qualifying jurisdictions across a variety of 
fatality and serious injury reduction performance categories. 
The Secretary is required to make grant awards between 
$5,000,000 and $30,000,000 to recognize the achievement of 
qualifying jurisdictions that have accomplished the most 
significant levels of reduction in serious injury and fatality 
rates. The Secretary is permitted to make awards to multiple 
eligible entities for each performance category, and to 
recognize achievements in each performance category in urban 
and rural areas, as well as at the State and local level. The 
Secretary may not award a grant to the same eligible entity 
more than once during a 2-year period. Funding awarded under 
this subsection can be used for any activity eligible under 
title 23 as well as routine maintenance projects.
    Subsection (b) of Section 1124 establishes a vulnerable 
road user research plan as well as reporting requirements to 
Congress regarding the plan. This subsection requires the FHWA 
to prioritize research on designs and countermeasures to 
minimize fatalities and serious injuries to vulnerable road 
users including pedestrians and bicyclists. This subsection 
also requires the FHWA to review each vulnerable road user 
safety assessment submitted by a State and to determine whether 
guidance should be issued on vulnerable road user safety data 
collection.

Sec. 1125. Wildlife crossing safety

    Section 1125 establishes a wildlife crossing pilot program 
(at 23 U.S.C. 174) to provide grants for projects designed to 
reduce wildlife-vehicle collisions and improve habitat 
connectivity. Excepting instances where the applicant is a 
Federal entity, pilot program grant applicants are required to 
consult with State highway (or equivalent) agencies during 
application development, and are encouraged to obtain guidance 
from State agencies with jurisdiction over fish and wildlife. 
Pilot program grants are to be administered by State highway 
agencies or the Federal Highway Administration. The Secretary 
is required to provide an annual report to Congress describing 
the activities carried out under the pilot program and the 
pilot program's effectiveness.
    Section 1125 also requires the Secretary to update and 
expand on a 2008 report entitled ``Wildlife Vehicle Collision 
Reduction Study: 2008 Report to Congress'' within 18 months of 
enactment of the surface transportation reauthorization 
legislation. This section requires the Secretary, not later 
than 3 years after enactment, to develop a series of in-person 
and online workforce development and technical training courses 
to reduce wildlife-vehicle collisions and improve habitat 
connectivity. In addition, this section requires the Federal 
Highway Administration to develop a standardized methodology 
for collecting and reporting spatially precise wildlife 
collision and carcass data for the National Highway System, 
create guidelines for States to voluntarily utilize such 
methodology if they choose to do so, and provide a report to 
Congress regarding the methodology and guidelines within 18 
months of enactment. Further, this section requires the 
Secretary to establish guidance, to be carried out by States on 
a voluntary basis, which contains a threshold for determining 
whether a highway shall be evaluated for potential mitigation 
measures to reduce wildlife-vehicle collisions and to increase 
habitat connectivity.
    Section 1125 adds the word ``resilience'' to the 
declaration of policy regarding maintenance of and improvements 
to bridges and tunnels in the United States, and adds a new 
provision ``to ensure adequate fish and terrestrial wildlife 
passage, where appropriate.'' This section also requires the 
Secretary, in consultation with States and other Federal 
agencies with jurisdiction over highway bridges and tunnels, to 
determine whether replacement or rehabilitation of bridges and 
tunnels should include restoration of wildlife habitat 
connectivity. Further, this section requires the DOT to include 
in its first post-enactment revision to its training program 
for personnel, techniques to assess fish passage and wildlife 
habitat restoration potential.

Sec. 1126. Consolidation of programs

    Section 1126 provides funding for Operation Lifesaver, work 
zone safety grants, and safety clearinghouses for fiscal years 
2021 through 2025.

Sec. 1127. State freight advisory committees

    Section 1127 adds to the makeup and role of State freight 
advisory committees, and lists State freight advisory committee 
member qualifications.

Sec. 1128. Territorial and Puerto Rico highway program

    Section 1128 authorizes increased funding for the 
Territorial and Puerto Rico Highway Program, a total of 
$841,000,000 for Puerto Rico for fiscal years 2021 through 
2025, and $221,000,000 for the territories.

Sec. 1129. Nationally significant Federal lands and Tribal projects 
        program

    Section 1129 amends Nationally Significant Federal Lands 
and Tribal Projects Program (NSFLTP) within the FAST Act by 
allowing smaller projects to qualify for the program. This 
section also allows 100 percent Federal share for Tribal 
projects. This section further requires an even split in total 
use of funds between Federal lands projects and tribal 
transportation projects, and requires that for each of fiscal 
years 2021 through 2025 at least one Federal lands project be 
in a unit of the National Park System with not less than 
3,000,000 annual visitors, as determined by individual visitors 
or Average Annual Daily Traffic.

Sec. 1130. Tribal high priority projects program

    Section 1130 reinstates and reauthorizes funding for the 
Tribal High Priority Projects program at $30,000,000 for each 
of fiscal years 2021 through 2025 from the General Fund, and 
sets aside for the program $9,000,000 per year for each of 
fiscal years 2021 through 2025 from the Tribal Transportation 
Program.

            SUBTITLE B--PLANNING AND PERFORMANCE MANAGEMENT

Sec. 1201. Transportation planning

    Section 1201 clarifies considerations required of MPOs when 
designating officials or representatives. This section also 
enhances coordination among MPOs and encourages States and MPOs 
to use social media and other web-based tools to encourage 
public participation in the transportation planning process.

Sec. 1202. Fiscal constraint on long-range transportation plans

    Section 1202 clarifies that for purposes of developing a 
financial plan under a metropolitan transportation plan, any 
years beyond the 4-year transportation improvement plan horizon 
shall be considered outer years for purposes of financial plan 
requirements. As this is a straightforward statutory change, it 
is the understanding and intent of the Committee that the 
Secretary may implement this change in policy without 
undertaking a notice and public comment rulemaking.

Sec. 1203. State human capital plans

    Section 1203 requires the Secretary to encourage States to 
develop a voluntary human capital plan for the immediate and 
long-term transportation-related personnel and workforce needs 
of the State under title 23. These voluntary human capital 
plans are to be publicly available and updated at least once 
every 5 years.

Sec. 1204. Accessibility data pilot program

    Section 1204 requires the Secretary to carry out a pilot 
program to provide data on the level of transportation access 
the public has to important destinations, such as daily 
workplaces, heath care and child care facilities, education and 
training, grocery stores, Americans with Disabilities Act (ADA) 
accessible sidewalks, and safe bicycling corridors, as 
identified by each pilot program participant to improve their 
transportation planning. This section instructs the Secretary 
to seek to achieve a diversity of participants, and likewise 
seek to ensure that, among the eligible entities selected, 
there is a range of capacity and previous experience with 
measuring transportation access, and a variety of proposed 
methodologies and focus areas for measuring level access. This 
section also requires the Secretary to submit a report on the 
results of the program to Congress.

Sec. 1205. Prioritization process pilot program

    Section 1205 establishes a prioritization process pilot 
program to support data-driven approaches to transportation 
planning. This section authorizes the Secretary to award grants 
to selected States and MPOs to fund the development and 
implementation of publicly accessible, transparent 
prioritization processes to assess and score projects according 
to locally determined priorities, and to use such evaluations 
to inform the selection of projects to include in 
transportation plans. The purpose of the pilot program is to 
support data-driven approaches to planning that, on completion, 
can be evaluated for public benefit.
    Pilot program grants may not exceed $2,000,000. States and 
MPOs that receive grants shall use funds to develop and 
implement a publically accessible, transparent prioritization 
process for the selection of projects for inclusion on the 
applicable long-term transportation plan. If a grant recipient 
has fully implemented a prioritization process, they may use 
any additional remaining grant funds for any transportation 
planning purpose. In the event that the inclusion or exclusion 
of a project on a transportation improvement program (TIP) or 
statewide transportation improvement program (STIP) deviates 
from the long-term transportation plan, the eligible entity is 
required to provide a public explanation for the decision.

Sec. 1206. Exemptions for low population density States

    Section 1206 modifies section 150 of title 23 to require 
the Secretary to grant an exemption from certain transportation 
performance management data collection. These are reporting 
requirements related to measures of congestion and highway 
performance for States that are below certain population 
density thresholds and do not contain an urbanized area with a 
population of over 200,000. The Secretary is required to 
identify which States meet the specified eligibility 
requirements for each 4-year performance period and to grant 
certain exemptions from certain requirements under section 150 
at the request of such States. The section requires a granted 
exemption to remain in effect for at least the entirety of the 
subsequent 4-year performance period and to be eligible for 
renewal for each 4-year performance period thereafter at the 
option of the State so long as such State remains eligible. The 
section requires eligible States to notify the Secretary of 
exemptions being elected by the State including a notice that 
the State is not experiencing significant performance issues. 
The section requires the Secretary to submit to Congress a 
report on the status of traffic congestions and other measures 
of travel reliability as well as the results of performance 
measures for all exemptions applied to that State. This is an 
obligation of the Secretary to be carried out at the 
Department's expense. The Section requires the Secretary to 
make publicly available the performance of the State with 
respect to any measures from which the State is exempt. This is 
an obligation of the Secretary to be carried out at the 
Department's expense.

Sec. 1207. Travel demand data and modeling

    Section 1207 requires the Secretary to carry out a study of 
forecasted travel demand data compared to actual observed 
travel, and to use the findings of that study: to inform State 
and MPO use of travel forecasting; to evaluate the impacts of 
transportation investments on travel demand; to support more 
accurate travel demand forecasting; and to enhance the capacity 
of States and MPOs to forecast travel and track observed travel 
behavior.

Sec. 1208. Increasing safe and accessible transportation options

    Section 1208 requires each State and metropolitan planning 
organization to spend a minimum amount of funding for either 
the adoption of complete streets standards and policies, 
development of a complete streets prioritization plan, active 
and mass transportation planning, regional and megaregional 
planning to address travel demand through alternatives to 
highway travel, or transit-oriented development planning. This 
section also provides for a higher Federal share for such 
activities.

          SUBTITLE C--PROJECT DELIVERY AND PROCESS IMPROVEMENT

Sec. 1301. Efficient environmental reviews for project decisionmaking 
        and One Federal Decision

    Section 1301 codifies core elements of the Administration's 
One Federal Decision policy and provides new environmental 
review procedures and requirements through amendments to 
section 139 of title 23, United States Code.
    Section 1301 introduces the One Federal Decision policy's 
concept of a major project to section 139. Building on the 
existing definition of project in section 139, this section 
defines major project as a highway project, public 
transportation capital project, or multimodal project that 
requires approval of the Department of Transportation, 
including any operating administration or secretarial office, 
an environmental impact statement, and multiple Federal 
approvals, permits, reviews, or studies. Through operation of 
section 24201 of title 49, the One Federal Decision policy 
provisions are also applicable to railroad projects under the 
Department of Transportation's jurisdiction. A major project 
must also have identifiable and reasonably available funding. 
Further, the definition of major project excludes projects 
treated as covered projects, as defined in section 41001 of the 
FAST Act (42 U.S.C. 4370m), to avoid conflict with the Federal 
Permitting Improvement Steering Council's process improvement 
provisions. For major projects, section 1301 requires the lead 
Federal agency to develop a schedule that is consistent, to the 
maximum extent practicable, with an agency average of not more 
than 2 years for the completion of the environmental review 
process, as measured from the date of publication of a notice 
of intent to prepare an environmental impact statement to the 
record of decision. Subject to limited exceptions, all other 
Federal agency authorizations for the project shall be 
completed within 90 days of the issuance of the record of 
decision.
    With codification, it is not this Committee's intent to 
change the Administration's existing interpretation or 
implementation of the One Federal Decision policy with two key 
exceptions. First, section 1301 provides project sponsors with 
the flexibility to apply the core elements of the One Federal 
Decision policy to projects that require an environmental 
assessment. And second, this avoids potential conflict with the 
Federal permitting improvement provisions in 42 U.S.C. 4370m et 
seq.
    Section 1301 amends the schedule provisions to allow the 
lead agency to lengthen or shorten a schedule for good cause, 
provided that a shortened schedule does not impair the ability 
of a cooperating agency to conduct necessary analysis or 
otherwise carry out its obligations. Further, in the case of a 
major project, the lead agency may only lengthen a schedule by 
not more than one year though the agencies can take action 
sooner if they so choose after the latest deadline for the 
major project. This section adds additional reporting 
requirements and requires the Secretary to develop an 
accountability system for the major project environmental 
review process.
    Section 1301 requires the Secretary to provide a list of 
categorical exclusions applicable to highway projects to 
regulatory agencies and directs those agencies to publish a 
notice of proposed rulemaking to adopt relevant categorical 
exclusions, as appropriate, within one year.
    Section 1301 adds a new subparagraph (D) to section 
139(c)(6) that directs the lead agency to calculate the average 
time taken by the lead agency to complete all environmental 
documents for each project during the previous fiscal year. In 
order to calculate the average completion time, the Committee 
intends subparagraph (D) to require the lead agency to record 
the start and end dates for each of the environmental documents 
developed pursuant to the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). For example, lead agency staff 
should record the date on which they begin development of a 
draft environmental impact statement. Lead agency staff should 
then record the end date on which the final version of the 
draft environmental impact statement is approved for 
publication. While specific beginning and end dates are not 
required under subparagraph (D), it is the Committee's intent 
the annual calculation of the average time to complete each 
environmental document will be based on that level of detail.
    In order to improve efficiency and expedite project 
delivery, the Committee recommends that DOT identify 
opportunities to eliminate unnecessary regulations and 
streamline burdensome regulations to ensure DOT is a good 
steward of limited taxpayer resources and produces physical 
infrastructure that supports long-term economic growth. 
Further, in reducing the regulatory burden, DOT should identify 
areas where more autonomy can be given to local jurisdictions 
with a better understanding of needs and challenges in building 
and maintaining infrastructure.

Sec. 1302. Work zone process reviews

    Section 1302 requires the Secretary to amend section 
630.1008(e) of title 23, Code of Federal Regulations, to ensure 
that the work zone process reviews are not required more 
frequently than once every 5 years.

Sec. 1303. Transportation management plans

    Section 1303 requires the Secretary to amend section 
630.1010(c) of title 23, Code of Federal Regulations to clarify 
that only projects with a lane closure for 3 or more 
consecutive days are to be deemed significant. This section 
also requires the Secretary to modify the Code of Federal 
Regulations to remove the requirement for a State to develop or 
implement a transportation management plan for any project that 
is not on the Interstate and that requires not more than three 
consecutive days of lane closures.

Sec. 1304. Intelligent transportation systems

    Section 1304 requires the Secretary to develop guidance for 
using existing flexibilities with respect to the systems 
engineering analysis described in part 940 of title 23, Code of 
Federal Regulations. Specifically, this section requires the 
Secretary to ensure that the guidance clarifies criteria for 
low-risk and exempt intelligent transportation system projects 
to minimize unnecessary delays or paperwork burdens.

Sec. 1305. Alternative contracting methods

    Section 1305 amends sections 201 and 308 of title 23, 
United States Code, to provide the Secretary flexible authority 
to use contracting methods available to a State under title 23 
on behalf of Federal land management agencies (and Tribes under 
section 202) in using funds under sections 203, 204, or 308 of 
title 23, or section 1535 of title 31. This section provides 
that, at a minimum, the contracting methods shall include 
project and bridge bundling, design-build and 2-phase 
contracting, long-term concession agreements, and any other 
method tested or amendable to testing under an experimental 
program relating to contracting methods carried out by the 
Secretary. This section requires that the Secretary solicit 
input from stakeholders and consult with Federal land 
management agencies to establish clear procedures for 
alternative contracting methods that are consistent with 
Federal procurement requirements to the maximum extent 
practicable.

Sec. 1306. Flexibility for projects

    Section 1306 amends the FAST Act to require the Secretary, 
on request by a State, and if in the public interest, to 
exercise all existing flexibilities under the requirements of 
title 23 and other requirements administered by the Secretary. 
It is the Committee's intent with this provision that all 
States shall be given equal treatment in terms of the 
flexibility that can be granted under existing law by the 
Secretary at the request of a State.

Sec. 1307. Improved Federal-State stewardship and oversight agreements

    Section 1307 requires the Secretary to request public 
comment on a template for Federal-State stewardship and 
oversight agreements. The Secretary is required to allow 
comment on any aspect of the template. DOT is specifically 
directed to request public comment on whether current standard 
terms should be deleted if they are not specifically required 
by Federal statute or regulation. DOT is also specifically 
directed to request public comment on the review schedules and 
whether they should be adjusted, through risk-based approaches 
or other means. Should DOT choose to retain such terms after 
considering public comment (if permitted by subsections (e) or 
(f)), the Federal Register notice setting forth the revised 
standard terms must set forth an explanation why such term(s) 
are being included.
    Subsection (e) requires the Secretary to publish in the 
Federal Register a description of changes to be made to the 
template in response to comments, responses to comments not 
proposed to be addressed by changes to the template, and a 
schedule and plan for implementing proposed changes. This 
section also requires the Secretary to make the proposed 
revisions to the template and to update existing agreements 
with States according to the revised template.
    Subsection (f) establishes that the Secretary shall not 
enforce agreement terms that require a State to comply with 
approval requirements not required by Federal law or 
regulation, and prohibits the Secretary from asserting an 
approval authority over a matter that is otherwise reserved to 
States.
    The section changes the general rule of annual reviews that 
address project delivery systems of States under section 106 to 
a general rule of review every two years. The section provides 
that, in the case of a specific element of a State's project 
delivery system, a State and DOT can agree on a longer than two 
year review period and the Secretary is permitted to review an 
element more frequently than once every two years for a 
specified reason.
    The Committee received hearing testimony that described 
instances of Federal-State stewardship and oversight agreements 
between DOT and States that went beyond administrative purposes 
and became burdensome. This includes the imposition of approval 
and notice requirements not required by statute, including in 
areas where, by Federal statute, authority has been placed with 
the States such as standards and designs for roads not on the 
National Highway System. Moreover, under current practice, 
Federal reviews and approvals of State actions and practices 
are annual, even for routine matters that could be subject to 
less frequent review, and a reduction in frequency would enable 
both DOT and States to focus on more important tasks. 
Accordingly, section 1307 was developed.

Sec. 1308. Geomatic data

    Section 1308 requires the Secretary to develop and issue 
for public comment guidance for the acceptance and use of 
information obtained from a non-Federal interest through 
geomatic techniques, including remote sensing and land 
surveying, cartography, geographic information systems, global 
navigation satellite systems, photogrammetry, or other remote 
means.
    The Committee recognizes the need to modernize the use of 
new and existing geospatial information sources and the 
collection of that information through a variety of means, 
including remotely operated and stationary technologies like 
sensor-equipped vehicles, buildings, and unmanned drones.

Sec. 1309. Evaluation of projects within an operational right-of-way

    Section 1309 establishes deadlines for the review, 
response, and action by Federal agencies carrying out their 
permit, approval, or other authorization responsibilities over 
preventative maintenance, preservation, or highway safety 
projects (including certain turn lane projects) in the 
operational right-of-way. This section requires Federal 
agencies to provide at least a preliminary evaluation of the 
application within 45 days and subjects Federal agencies that 
do not meet the requirements of this section to a reporting 
requirement to describe why the deadline was missed.
    The Committee recognizes that even smaller highway projects 
can require numerous approvals or permits from Federal agencies 
other than the Federal Highway Administration. The smaller 
projects in the operational right-of-way at issue in this 
section can languish in backlog of requests to Federal 
agencies. In this section, the Committee ensures that those 
Federal agencies are responsive to project sponsors with 
maintenance, preservation, and safety projects in the 
operational right-of-way.

Sec. 1310. Department of Transportation reports

    Section 1310 adds a new section 332 to chapter 3 of title 
23, United States Code, to require the Secretary to prepare a 
report on the preceding fiscal year describing the median time 
for the completion of environmental reviews. As part of the 
report, the Secretary shall describe any new categorical 
exclusions applicable to highway projects and list all 
regulatory requirements that have been removed or reduced, 
including, if available, a summary of cost savings to States, 
Tribes, local government, and the public. This section also 
requires the report to contain similar information for the 
current fiscal year, to the extent it is available, on the 
estimated median time to complete environmental reviews and a 
summary of costs savings, if available, to States, Tribes, 
local governments, and the public, resulting from the removal 
or reduction of regulatory requirements.

Sec. 1311. Preliminary engineering

    Section 1311 eliminates the requirement in section 102(b) 
of title 23, United States Code, that a State repay Federal-aid 
reimbursements for preliminary engineering costs on a project 
that has not advanced to right-of-way acquisition or 
construction within 10 years.

                       SUBTITLE D--CLIMATE CHANGE

Sec. 1401. Grants for charging and fueling infrastructure to modernize 
        and reconnect America for the 21st century

    Section 1401 would amend section 151 of title 23 to make 
the process of designating alternative fuel corridors periodic 
and recurring, and also modifies a reporting deadline.
    This section also creates a new subsection (f) within 
section 151 that establishes a new competitive grant program to 
strategically deploy alternative fuel vehicle charging and 
fueling infrastructure along designated alternative fuel 
corridors that will be accessible to all drivers of electric, 
hydrogen, and natural gas vehicles.
    Within the new subsection (f), paragraph (1) directs the 
Secretary to establish the grant program.
    Paragraph (2) lists eligible entities under the program, 
which are all public entities and are comprised of: a State or 
political subdivision of a State; an MPO; a unit of local 
government; a special purpose district or public authority with 
a transportation function; an Indian tribe; an authority 
entity, agency, or instrumentality of, or an entity owned by, 1 
or more of the preceding eligible entities; and a group of the 
preceding eligible entities.
    Paragraph (3) outlines application requirements for 
eligible entities. Applications must include a description of 
how the eligible entity has considered public accessibility 
relative to the proposed project, collaborative engagement with 
stakeholders, the location of the proposed project, 
responsiveness to technology advancements, and the long-term 
operation and maintenance of the proposed project.
    Paragraph (4) details considerations the Secretary shall 
make when selecting eligible entities to receive grants. Such 
considerations include the extent to which an application would 
improve alternative fueling corridor networks, meet the current 
or anticipated market for charging or alternative fueling 
infrastructure, enable or accelerate the construction of 
charging or alternative fueling infrastructure that would be 
unlikely to be completed without Federal assistance, and 
support a long-term competitive market for alternative fueling 
and charging infrastructure. Additionally, the Secretary must 
consider geographic diversity among applicants, the finances 
and experience of private entity contractors, and the adequacy 
of agreements between eligible entities and their private 
entity contractors.
    Paragraph (5) describes permitted uses of grant funds. 
Generally, grants are to be used to contract with a private 
entity for acquisition and installation of publicly accessible 
alternative fuel vehicle charging and fueling infrastructure 
that is directly related to the charging or fueling of a 
vehicle. Such infrastructure is to be located along an 
alternative fuel corridor either designated under section 151, 
or by a State or group of States on the condition that any 
affected Indian tribes are consulted before the designation. 
Eligible entities may use a portion of grant funds to provide a 
private entity operating assistance for the first 5 years of 
operations after infrastructure installation. Operating 
assistance is limited to costs allocable to operating and 
maintaining the infrastructure and service--including labor, 
marketing, and administrative costs and may not exceed the 
contracted amount to acquire and install the infrastructure. 
Eligible entities may also use a portion of grant funds to 
acquire and install traffic control devices to provide 
direction information to the infrastructure, as well as on-
premises informational signs, subject to a monetary cap and any 
applicable laws or regulations. This paragraph also allows an 
eligible entity to enter into cost-sharing agreements, under 
which the private entity submits to the eligible entity a 
portion of the revenue from the infrastructure.
    Paragraph (6) provides that any project funded by a grant 
under this program is to be treated as a project on a Federal-
aid highway. This paragraph also requires that any traffic 
control device or on-premises sign acquired, installed, or 
operated with a grant under this program must comply with the 
Manual on Uniform Traffic Control Devices (MUTCD), if located 
in the right-of-way, as well as other applicable provisions of 
Federal, State, and local law.
    Paragraph (7) requires that the Federal cost-share for a 
project may not exceed 80 percent. Further, as a condition of 
contracting with an eligible entity, a private entity must 
agree to pay the non-Federal share of project costs.
    Paragraph (8) requires the Secretary to submit to Congress, 
and make publically available, a report on the progress and 
implementation of the grant program.
    With regard to electric vehicle (EV) charging 
infrastructure, hydrogen fueling infrastructure, and natural 
gas fueling infrastructure, it is the Committee's intent that 
eligible entities who receive grants to acquire and install 
publicly accessible charging and fueling infrastructure partner 
with private entities that would own and operate the 
infrastructure. It is not the intent of this section to 
subsidize public entities to compete with private providers of 
such services, either directly or indirectly. Thus, it is the 
Committee's intent that the Secretary award grants to deploy EV 
charging infrastructure, hydrogen fueling infrastructure, and 
natural gas fueling infrastructure, and give priority 
consideration to eligible entities seeking to partner with 
private entities other than those regulated by state public 
utility commissions (unless doing so would hinder deployment of 
electric, hydrogen, and natural gas fueling stations and 
deployment of the infrastructure needed to construct such 
charging and fueling stations). Further, it is the intent of 
the Committee that in order to protect competitive market 
pricing, that site hosts or motorists who use the publically 
accessible charging and fueling infrastructure funded under 
this section are expected to pay the costs to refuel. It is the 
intent of the Committee that the program should maintain a 
level playing field and that no entity should receive an unfair 
advantage in the EV charging infrastructure, hydrogen fueling 
infrastructure, or natural gas fueling infrastructure business. 
The Committee believes that this is necessary to maximize 
investment in and widespread availability of charging or 
fueling infrastructure.

Sec. 1402. Reduction of truck emissions at port facilities

    Section 1402 establishes a program to reduce idling and 
emissions at port facilities. This section requires the 
Secretary to study how ports would benefit from electrification 
and to study emerging technologies that reduce emissions from 
idling trucks. This section requires the Secretary to 
coordinate and fund projects through competitive grants that 
reduce port-related emissions from idling trucks. This Section 
requires that any project funded under a grant under this 
section shall be treated as a project on a Federal-aid highway. 
This section requires the Secretary to submit a report to 
Congress detailing the status and effectiveness of the program. 
It is the intent of the Committee that ferry terminals would 
also be eligible for grants under this section.

Sec. 1403. Carbon reduction incentive programs

    Section 1403 amends title 23 to establish a supplemental 
formula emissions reduction program (at 23 U.S.C. 177) and a 
competitive emissions reduction program (at 23 U.S.C. 178). 
These programs provide funding to States to expand investment 
in transportation to reduce on- road mobile sources of carbon 
dioxide and to incentivize planning and investments to reduce 
carbon dioxide emissions. These programs are respectively 
entitled the Formula Carbon Reduction Incentive Program, and 
the Carbon Reduction Performance Program.
    Formula Carbon Reduction Incentive Program.--Subsection (a) 
of section 177 contains definitions of a metropolitan planning 
organization and an urbanized area, transportation emissions, 
and a transportation planning area.
    Subsection (b) of section 177 requires the Secretary to 
distribute formula funding awards in the same proportion as the 
primary Federal-aid highway funding that is formula apportioned 
to States.
    Subsection (c) of section 177 requires States to use 50 
percent of their funding awards on certain transportation 
projects anticipated to reduce emissions such as projects to 
shift traffic demand to nonpeak hours or to other 
transportation modes, or projects to implement other traffic 
management techniques, or projects to reduce vehicle emissions 
through truck stop electrification and diesel engine retrofits, 
among other activities. This funding would be eligible for the 
construction of high occupancy vehicle lanes but this section 
prohibits the use of this funding on projects that would result 
in the construction of new lane capacity available to single-
occupant vehicles (other than turn lanes).
    Subsection (d) of section 177 establishes eligibility 
requirements and incentives for the remaining 50% of each 
State's funding award. In general, each State is required to 
spend the remaining half of their funding on the same emissions 
reduction projects described in subsection (c). However, under 
this subsection, each State may develop a carbon reduction 
strategy in consultation with MPOs within the State, and in 
return receive greater flexibility and Federal cost share on 
the remaining 50% of their award. States that develop a 
strategy and incorporate it into their long-range 
transportation plans are permitted to spend the remaining 50% 
of their award on any project eligible under the Surface 
Transportation Block Grant program and at increased Federal 
share.
    Subsection (e) of section 177 contains suballocation 
requirements.
    Carbon Reduction Performance Program.--Subsection (a) of 
section 178 contains definitions of a metropolitan planning 
organization and an urbanized area, a qualifying State, a 
qualifying unit of a local government, and transportation 
emissions. Qualifying States and units of local governments are 
defined as those jurisdictions that have demonstrated 
measurable success at lowering transportation emissions or 
transportation emissions growth.
    Subsection (b) of section 178 directs the Secretary to 
establish a grant program to competitively award grants to such 
qualifying jurisdictions across a variety of carbon emissions 
reduction performance categories. The Secretary is required to 
make grant awards between $5,000,000 and $30,000,000 to 
recognize the achievement of qualifying jurisdictions that have 
accomplished the most significant levels of reduction in 
transportation emissions. The Secretary is permitted to make 
awards to multiple eligible entities for each performance 
category, and to recognize achievements in each performance 
category in urban and rural areas, as well as at the State and 
local level. The Secretary may not award a grant to the same 
eligible entity more than once during a 2-year period. Funding 
awarded under this subsection can be used for any activity 
eligible under title 23 as well as routine maintenance 
projects.

Sec. 1404. Congestion relief program

    Subsection (a) of Section 1404 amends section 129 of title 
23 to establish a congestion relief program to provide 
competitive grants to States, local governments, and 
metropolitan planning organizations, for projects in large 
urbanized areas to advance innovative, integrated, and 
multimodal solutions to congestion relief in the most congested 
metropolitan areas of the United States.
    The goals of the congestion relief program are to reduce 
highway congestion, economic and environmental costs related to 
congestion, and to optimize existing highway capacity and usage 
of transit systems that provide alternatives to highways. To 
achieve these goals, the program allows States and MPOs to 
compete for grants for eligible projects within urbanized areas 
containing populations of more than 1,000,000 people. Grant 
awards shall be not less than $10,000,000. Eligible projects 
consist of planning, design, implementation, and construction 
activities to achieve program goals, including the deployment 
and operation of mobility services, integrated congestion 
management systems, and systems that implement or enforce high 
occupancy vehicle toll lanes, cordon pricing, parking pricing, 
or congestion pricing. Incentive programs that encourage 
travelers to carpool or use non-highway travel modes are also 
included. When selecting grants, the Secretary shall give 
priority to eligible projects located in urbanized areas that 
are experiencing high degrees of recurrent congestion. The 
Federal cost-share shall not exceed 80 percent of the total 
cost of a project.
    In addition, the congestion relief program permits the 
Secretary to allow the use of tolls on the Interstate System as 
part of a project carried out with a program grant, subject to 
certain requirements. The Secretary may not approve the use of 
tolls on the Interstate System under the program in more than 
10 urbanized areas.
    Subsection (b) of Section 1404 amends section 129(a) of 
title 23 to require toll facilities on the Interstate System 
constructed or converted after the date of enactment to allow 
high occupancy vehicles, transit, and paratransit vehicles to 
use the facility at a discounted rate or without charge unless 
the public authority determines that the number of such 
discounted vehicles would reduce the travel time reliability of 
the facility.

Sec. 1405. Freight plans

    Section 1405 adds new strategies for inclusion within the 
national freight strategic plan, including strategies to 
promote resilience, national economic growth and 
competitiveness, and strategies to reduce local air pollution 
and water runoff. This section does not add or establish new 
procedural requirements for the approval of State freight 
plans, and requires the Secretary to approve plans that comply 
with statutory requirements.

Sec. 1406. Utilizing significant emissions with innovative technologies

    Subsection (a) of Section 1406 directs the Environmental 
Protection Agency (EPA), in consultation with the Department of 
Energy, to conduct certain carbon dioxide research and 
development activities under the existing authority in section 
103(g) of the Clean Air Act.
    Subsection (a) requires the EPA Administrator to administer 
a competitive prize program that awards funds to direct air 
capture research projects. The subsection establishes a Direct 
Air Capture Technology Advisory Board of experts to advise the 
Administrator. The subsection authorizes up to $35,000,000 in 
funding and sunsets the program in 10 years.
    Subsection (a) also directs the Administrator to provide 
technical and financial assistance to carbon dioxide 
utilization projects to support projects to transform carbon 
dioxide generated by industrial facilities in the United States 
into a commercial product, or as an input to a commercial 
product. This section authorizes up to $50,000,000 in funding, 
available until expended.
    Subsection (a) directs the Administrator to prepare a 
report that identifies potential risks and benefits to project 
developers associated with increased storage of carbon dioxide 
captured from stationary sources in deep saline formations. The 
subsection requires the EPA Administrator to evaluate existing 
research and make recommendations about how to address any 
identified potential risks. Subsection (a) also directs the 
Administrator to submit a report every two years on carbon 
dioxide nonregulatory strategies and technologies under section 
103(g). Subsection (a) directs the Comptroller General to 
develop a report on Federal grant programs that fund research 
on carbon capture and utilization technologies and the extent 
to which any overlap or are duplicative.
    Subsection (b) directs the Administrator to describe how 
funds appropriated under section 103(g) of the Clean Air Act 
have been used over the last five fiscal years, as well as 
practices used to differentiate funding used to carry out 
section 103(g) and other authorities.
    Subsection (c) amends existing law to clarify that 
``covered projects'' eligible for the environmental permitting 
process established by Title XLI of the FAST Act include 
construction of carbon capture, utilization, and sequestration 
(CCUS) projects as well as carbon dioxide pipelines. CCUS 
projects include direct air capture projects.
    Subsection (d) directs the Chair of the Council on 
Environmental Quality (CEQ) to coordinate preparation of an 
interagency report on CCUS facilities (including direct air 
capture projects) and carbon dioxide pipelines. The section 
requires CEQ to issue permitting guidance informed by that 
report to expedite the CCUS permitting process while 
maintaining environmental, health, and safety protections. On 
an ongoing basis, the section requires at least two regional 
task forces that cover different geographical areas and are 
comprised of diverse stakeholders to provide feedback to the 
Chair on the guidance and related issues.

Sec. 1407. Promoting Resilient Operations for Transformative, 
        Efficient, and Cost-saving Transportation (PROTECT) grant 
        program

    Section 1407 establishes a supplemental formula and 
competitive grant program (at 23 U.S.C. 179) to help States 
improve the resiliency of transportation infrastructure.
    Subsection (a) contains definitions of an emergency event, 
an evacuation route, the program, and a resilience improvement.
    Subsection (b) establishes the PROTECT grant program, 
comprised of formula funding and competitive grants for 
resiliency projects. It is the intent of the Committee that the 
primary purpose of this program is to protect surface 
transportation assets in existence as of the date of enactment. 
Investments to protect new capacity are eligible but subject to 
limitations specified in statute.
    Subsection (c) requires the Secretary to distribute formula 
funding awards, outlines the method of distribution, and 
describes eligible activities and requirements that accompany 
formula awards.
    Subsection (d) requires the Secretary to provide 
competitive planning and resilience grants to eligible 
entities. Resilience grants comprise resilience improvement 
grants, community resilience and evacuation route grants, and 
at-risk coastal infrastructure grants. Subsection (d) also 
contains a list of grant requirements, including eligibilities, 
eligible project costs, Federal cost share requirements, and 
distribution parameters that contain rural and tribal set-
asides, allow multiyear grants, and permit funding 
reallocation.
    Subsection (e) requires the Secretary to, in carrying out 
the program, consult with the Assistant Secretary of the Army 
for Civil Works, the Administrator of the EPA, the Secretary of 
the Department of Interior (DOI), and the Secretary of the 
Department of Commerce (DOC), and to solicit technical support 
from the Administrator of the Federal Emergency Management 
Agency (FEMA).
    Subsection (f) allows a State or eligible entity that 
receives a grant to have the non-Federal share of projects 
reduced if the State or eligible entity meets certain voluntary 
planning requirements. Specifically, the non-Federal share of 
projects carried out with PROTECT funds can be reduced by 7 
percent if a State or eligible entity develops a resiliency 
improvement plan, and reduced by an additional 3 percent if a 
State or eligible entity incorporates a resiliency improvement 
plan within its long-range statewide transportation plan or 
metropolitan transportation plan.
    Subsection (f) also outlines the required plan contents of 
a voluntary resilience improvement plan. This section does not 
require a State or MPO to develop a resilience improvement plan 
or incorporate such plan into a long-range statewide 
transportation plan or metropolitan transportation plan.
    Subsection (g) contains monitoring requirements, and 
requires the Secretary (in consultation with the Assistant 
Secretary of the Army for Civil Works, the Administrator of 
EPA, the Secretary of DOI, the Secretary of DOC, and the 
Administrator of FEMA) to evaluate the effectiveness and 
impacts of projects carried out under the PROTECT program by 
establishing metrics and procedures to evaluate projects. The 
Secretary is required to publish and provide the opportunity 
for public comment on proposed metrics prior to adoption.
    Subsection (h) contains reporting requirements to be 
carried out by the Secretary.

Sec. 1408. Diesel emissions reduction

    Subsection (a) of Section 1408 extends the authorization of 
the Diesel Emissions Reduction Act (DERA) program through 
fiscal year 2024. Subsection (b) changes current law to make it 
clear that EPA must recognize that there are differing diesel 
vehicle, engine, equipment or fleet use concerns in different 
areas of the country as the agency funds DERA projects.
    Subsection (b) clarifies that in prioritizing projects for 
funding under the national competitive program, EPA must 
``recogniz[e] differences in typical vehicle, engine, 
equipment, and fleet use.'' The subsection also commits the 
agency to ``recognition, for purposes of implementing this 
section, of differences in typical vehicle, engine, equipment, 
and fleet use throughout the United States, including expected 
useful life'' in guidance that the agency issues to States to 
assist in preparing funding applications under the State-
administered program. Subsection (c) changes current law by 
requiring all money left over from the State-administered 
program (whether for a State that chooses not to participate or 
allocated to a State but unused) would be reallocated to the 
national competitive program.

                       SUBTITLE E--MISCELLANEOUS

Sec. 1501. Additional deposits into Highway Trust Fund

    Section 1501 repeals section 105 of title 23. Because ATIA 
authorizes funding for Federal-aid highway and highway safety 
programs for fiscal years 2021 through 2025, there is no need 
for additional funding to be automatically authorized in the 
manner contemplated under section 105 of title 23.

Sec. 1502. Stopping threats on pedestrians

    Section 1502 establishes a grant program to provide 
assistance to local government entities for bollard 
installation projects designed to prevent pedestrian injuries 
and acts of terrorism in areas used by large numbers of 
pedestrians. The program is authorized for appropriations at 
$5,000,000 for each of fiscal years 2021 through 2025.

Sec. 1503. Transfer and sale of toll credits

    Section 1503 establishes a toll credit exchange on a pilot 
basis to enable the Secretary to evaluate the feasibility of 
and demand for a toll credit marketplace through which States 
could sell, transfer, or purchase toll credits. The Secretary 
may only select up to 10 States to participate in the pilot 
program, which allows originating States to transfer or sell 
toll credits pursuant to section 120(i) of title 23, United 
States Code. This section allows recipient States 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 originating State shall use 
the proceeds from the sale of a credit for the construction 
costs of any title 23 eligible project within that State. 
Originating and recipient States shall submit to the Secretary 
a written notification not later than 30 days after the date on 
which a credit is transferred or sold. Under this section, the 
Secretary must verify the amount of unused toll credits and 
provide a publicly accessible website where originating States 
shall post the verified amount of toll credits available for 
sale or transfer. The Secretary shall submit an initial and 
final report to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives not later than 1 
and 3 years, respectively, after the date of establishment of 
the pilot program.

Sec. 1504. Forest service legacy roads and trails remediation program

    Section 1504 amends the Forest Roads and Trails Act by 
requiring the Secretary of Agriculture, acting through the 
Chief of the Forest Service, to develop a national strategy to 
perform critical maintenance and urgent repairs and 
improvements on National Forest System's roads, trails, and 
bridges to primarily improve public safety, water quality, 
wildlife habitats, grazing, fish habitats, and recreational 
access. The national strategy should focus on meeting Forest 
Service road systems' needs that Forest Service's current 
Capital Improvement and Maintenance Program does not adequately 
meet. This section authorizes the program for appropriations 
from the General Fund at $50,000,000 per year for each of 
fiscal years 2021 through 2025.

Sec. 1505. Disaster relief mobilization pilot program

    Section 1505 provides grants on a pilot basis to local 
communities to develop disaster preparedness and disaster 
response plans that include the use of bicycles. The section 
requires grants to be used for vulnerability assessments of 
infrastructure that supports active transportation, 
modifications of disaster preparedness and response plans to 
include the use of bicycles by first responders, and related 
preparedness training, exercises and equipment. The section 
requires a report not later than three years from the date of 
enactment on the effectiveness of the program and policy 
recommendations.

Sec. 1506. Appalachian regional development

    Section 1506 reauthorizes the Appalachian Regional 
Commission (ARC) at $180,000,000 for each of fiscal years 2021 
through 2025 including $5,000,000 per year for an Appalachian 
Regional Energy Hub to fund development projects and other 
activities related to ethane storage as well as natural gas and 
natural gas liquids storage and transport. This section also 
modifies certain requirements relating to the planning 
processes, decisions, and meetings of the ARC. This section 
adds Catawba and Cleveland counties (in North Carolina) as part 
of the Appalachian region for purposes of the ARC.

Sec. 1507. Requirements for transportation projects carried out through 
        public-private partnerships

    Section 1507 contains transparency requirements for 
projects carried out through public-private partnerships with 
an estimated cost of $100,000,000 or more. Specifically, this 
section requires that as a condition to receiving Federal 
financial assistance for a project, a public partner must 
disclose and certify certain information relating to the 
private partner's satisfaction of the terms of the public-
private partnership agreement not later than 3 years after the 
date of the opening of the project to traffic. This section 
also requires the Secretary to provide Congress with 
notification when projects are carried out through public-
private partnerships. This section also requires project 
sponsors receiving Federal loans or grants to include a 
detailed value for money analysis within the financial plan if 
the project sponsor intends to carry out the project through a 
public-private partnership. This section makes such analysis an 
eligible expense under the Surface Transportation Block Grant 
program.

Sec. 1508. Community connectivity pilot program

    Section 1508 establishes a community connectivity pilot 
program through which eligible entities may apply for planning 
funds to study the feasibility and impacts of removing 
transportation facilities that create barriers to mobility, 
access, or economic development, and for construction funds to 
carry out a project to remove an eligible facility and, if 
appropriate, to replace it with a new facility.
    Subsection (a) contains the definition of an eligible 
facility, which includes a limited access highway, viaduct, or 
any other principal arterial facility that creates a barrier to 
community connectivity, including barriers to mobility, access, 
or economic development, due to high speeds, grade separations, 
or other design factors.
    Subsection (b) establishes the pilot program.
    Subsection (c) allows the Secretary to award planning 
grants and provide technical assistance to eligible entities. 
Eligible activities for planning grants include: planning 
studies to evaluate the feasibility of removing an eligible 
facility; public engagement activities to provide opportunities 
for public input into a plan to remove and convert an eligible 
facility; and other transportation planning activities required 
in advance of a project to remove an existing eligible 
facility. Planning grant awards may not exceed $2,000,000, and 
the Federal cost-share for a project may not exceed 80 percent.
    Subsection (d) allows the Secretary to award capital 
construction grants to owners of eligible facilities for 
eligible projects for which all necessary feasibility studies 
(and other planning activities) have been completed. Eligible 
projects include the removal and replacement of eligible 
facilities. Capital construction grants must be at least 
$5,000,000. The Federal cost-share for a project may not exceed 
50 percent, and the maximum Federal involvement shall not 
exceed 80 percent. This subsection also allows grantees to form 
community advisory boards to help achieve inclusive economic 
development benefits with respect to the project for which a 
grant is awarded.
    Subsection (e) requires the Secretary to report on the 
program, as well as a separate report from the Comptroller 
General.
    Subsection (f) clarifies that the Secretary may not use 
more than $15,000,000 during the period of fiscal years 2021 
through 2025 to provide technical assistance under subsection 
(c).

Sec. 1509. Repeal of rescission

    Section 1509 repeals the $7,569,000,000 rescission of 
Federal-aid Highway Program contract authority contained within 
Section 1438 of the FAST Act.

Sec. 1510. Federal interagency working group for conversion of Federal 
        fleet to hybrid-electric vehicles, electric vehicles, and 
        alternative fueled vehicles

    Section 1510 requires the Chair of the Council on 
Environmental Quality to lead a Federal interagency working 
group to develop a strategy to transition the vehicle fleets of 
the respective Federal agencies to hybrid-electric vehicles, 
plug-in electric drive vehicles, and alternative fueled 
vehicles, to the maximum extent practicable. This section 
establishes goals for the interagency working group and 
requires it to submit an annual report to Congress.

Sec. 1511. Cybersecurity tool; cyber coordinator

    Section 1511 requires the Federal Highway Administration to 
develop a tool to assist transportation authorities in 
identifying, detecting, protecting against, responding to, and 
recovering from cyber incidents. This section requires the FHWA 
to use the cybersecurity framework established by the National 
Institute of Standards and Technology, to establish a 
structured cybersecurity assessment and development program, 
and to provide for a period of public review and comment on the 
tool. This section requires the FHWA to designate an office as 
a ``cyber coordinator'' for monitoring, alerting, and advising 
transportation authorities of cyber incidents. It is the 
intention of the Committee that the scope of this section be 
limited to actions undertaken by the FHWA and those State and 
local authorities within its oversight jurisdiction, and that 
those actions be coordinated with other cybersecurity-related 
efforts elsewhere in the Department.

Sec. 1512. Study on most effective upgrades to roadway infrastructure

    Section 1512 directs the Secretary to enter into an 
agreement with the Transportation Research Board (TRB) to 
identify specific immediate and long-term types of upgrades 
necessary to benefit the largest segment of road users, 
autonomous vehicles, and automated driving system, as well as 
to examine how to best achieve roadway infrastructure 
uniformity to facilitate the safe deployment of autonomous 
vehicles and automated driving systems. This section requires 
the Secretary to provide an opportunity for public comment on 
the study proposal prior to entering into an agreement with 
TRB. This section requires the Secretary to submit the study to 
Congress not later than two years after the enactment of this 
Act.

Sec. 1513. Study on vehicle-to-infrastructure communication technology

    Section 1513 directs the Secretary to enter into an 
agreement with the TRB to identify immediate and long-term 
safety benefits of vehicle-to-infrastructure connectivity 
technologies and technologies that would allow motor vehicles 
and roadway infrastructure to communicate using dedicated 
short-range communications and related safety applications. 
This section requires the Secretary to provide an opportunity 
for public comment on the study proposal prior to entering into 
an agreement with TRB. This section requires the Secretary to 
submit the study to Congress not later than two years after the 
enactment of this Act.

Sec. 1514. Non-highway recreational fuel study

    Section 1514 authorizes a study and recurring report to 
produce the best available estimate of the total amount of fuel 
taxes paid by users of non-highway recreational vehicles into 
the Highway Trust Fund. This section provides that the study 
will be used to assist Congress in determining an appropriate 
funding level for the recreational trails program.

Sec. 1515. Buy America

    Section 1515 requires the Secretary to issue a public 
notice 15 days in advance of issuing a waiver for the Buy 
America requirement for Federal-aid projects and to report to 
Congress annually on all such waivers.

Sec. 1516. Report on data-driven infrastructure traffic safety 
        improvements

    Section 1516 requires the FHWA to conduct a study to 
identify data-driven infrastructure traffic safety improvements 
for priority focus areas, including improvements that would 
benefit older drivers, teenage drivers, commercial drivers, and 
vulnerable road users, and to issue a report to Congress 
containing study results and recommendations.

Sec. 1517. High priority corridors on the National Highway System

    Section 1517 amends section 1105 of the Intermodal Surface 
Transportation Efficiency Act by adding new future Interstate 
designations along corridors in North Carolina, Kentucky, and 
Mississippi. This section also requires the Comptroller General 
to submit a report to Congress on the safety and infrastructure 
impacts, if any, of the continuation of currently applicable 
weight limits on those specific highway segments after those 
segments are open for operation as part of the Interstate 
system.

Sec. 1518. Interstate weight limits

    Section 1518 amends section 127 of title 23, United States 
Code to continue current weight limits by adding exemptions to 
Federal truck weight limits along specific corridors in North 
Carolina and Kentucky should any such corridors become 
designated as a route on the Interstate System.

Sec. 1519. Interstate exemption

    Section 1519 allows any commercial establishment operating 
legally in a rest area along a specific segment of highway in 
Kentucky to continue to operate in the Interstate right-of-way 
(subject to the Interstate access standards established under 
section 111 of title 23) should the segment be designated as a 
route on the Interstate System.

Sec. 1520. Report on air quality improvements

    Section 1520 requires the Comptroller General to conduct an 
evaluation of CMAQ that includes consideration of reductions in 
certain emissions that have resulted from projects under the 
program, the cost-effectiveness of such reductions, the results 
of investments under the program in certain communities, the 
effectiveness of certain performance measures established for 
traffic congestion and on-road mobile source emissions, and the 
extent to which the program lacks eligibilities for additional 
project types that would be likely to contribute to higher air 
quality.

Sec. 1521. Roadside highway safety hardware

    Section 1521 requires the Secretary to implement 
recommendations from a Government Accountability Office (GAO) 
Report entitled ``Highway Safety: More Robust DOT Oversight of 
Guardrails and Other Roadside Hardware Could Further Enhance 
Safety'' published in June 2016 and numbered GAO-16-575. GAO 
recommendations call for the Secretary to develop a third-party 
verification of roadside safety hardware testing results from 
crash test labs and to establish a process to enhance the 
independence of crash test labs when lab employees test devices 
that were developed within the parent organization of the 
employee. While Federal-aid eligibility letters issued by FHWA 
are not required for roadside safety hardware to be eligible 
for Federal-aid reimbursement, this section directs FHWA to 
continue issuing Federal-aid eligibility letters as a service 
to States until the third-party verification processes are 
complete.

Sec. 1522. Permeable pavements study

    Section 1522 requires the Secretary to conduct a study on 
the effects of permeable pavements on flood control and to 
develop related models and best practices. This section 
requires the Secretary to make a report on the results of the 
study available to State and local governments.

Sec. 1523. Emergency relief projects

    Section 1523 requires the Secretary to revise the Emergency 
Relief (ER) program manual of FHWA to: include a definition of 
resilience; identify procedures that may be used to incorporate 
resilience into ER projects; encourage the use of complete 
streets design principles in ER projects; develop best 
practices for improving the use of resilience in ER projects; 
and to develop and implement a process to track the 
consideration of resilience as part of the ER program as well 
as the cost of ER projects.

Sec. 1524. Certain gathering lines located on Federal land and Indian 
        land

    Section 1524 provides the Secretary of the Interior 
discretion to establish a categorical exclusion for certain 
gathering lines that would reduce vented, flared, or avoidably 
lost natural gas from or vehicular traffic servicing onshore 
oil and gas wells on Federal land and, with tribal consent, 
Indian land, as described in a sundry notice or right-of-way 
submitted to the Bureau of Land Management or, where 
applicable, the Bureau of Indian Affairs. The purpose of this 
categorical exclusion is to reduce methane and other emissions 
through the use of adequate gathering line infrastructure.

Sec. 1525. Sense of Senate relating to offsets

    Section 1525 states the sense of the Senate that the 
Highway Trust Fund shall achieve long-term solvency through 
user fees, and the intent to fully offset any spending beyond 
current Highway Trust Funds revenues and balances during the 
reauthorization period.

Sec. 1526. Study on stormwater best management practices

    Section 1526 requires the Secretary and Administrator of 
EPA to offer to enter into an agreement with TRB to conduct a 
study on stormwater runoff from highways and pedestrian 
facilities and provide recommendations regarding potential 
stormwater management recommendations for State departments of 
transportation. The study will also examine the potential for 
the Secretary to assist State departments of transportation in 
implementing and communicating stormwater management practices 
for highways and pedestrian facilities.

Sec. 1527. Stormwater best management practices reports

    Section 1527 requires the Administrator of FHWA to update 
and reissue two existing stormwater best management practices 
reports to reflect new information and advancements in the 
field. In addition, this section instructs the Administrator to 
continue updating the two reports not less frequently than once 
every five years, unless the reports are either withdrawn or 
incorporated into regulations.

Sec. 1528. Invasive plant elimination program

    Section 1528 establishes a new grant program to fund 
projects by States to eliminate or control existing invasive 
plants or prevent introduction of or encroachment by new 
invasive plants along and in areas adjacent to transportation 
corridor rights-of-way. The term ``invasive plant'' means a 
nonnative plant, tree, grass, or weed species. This section 
requires the Secretary to prioritize projects that utilize 
native plants and wildflowers. This section limits amounts to 
be used for equipment to not more than ten percent and 
administrative and indirect costs to not more than five 
percent. This section requires each grantee to coordinate with 
local authorities and to report annually on the uses of the 
funds. This section limits the Federal share to 50 percent 
except in the case of projects that utilize native plants and 
wildflowers which are eligible for 75 percent Federal share. 
This section authorizes the program for appropriations at 
$50,000,000 per year for each of fiscal years 2021 through 
2025.

Sec. 1529. Over-the-road bus tolling equity

    Section 1411 of the FAST Act amended title 23 to require 
that over-the-road busses that serve the public be provided 
access to certain toll facilities under the same rates, terms, 
and conditions as public transportation buses. Section 1529 
amends title 23 further to ensure there is accountability for 
equal access to certain tolled facilities between over-the-road 
buses and public transportation buses. This section adds a 
reporting requirement for public authorities, and further 
extends an existing audit requirement to include an audit for 
reporting compliance.

Sec. 1530. Bridge terminology

    Section 1530 modernizes bridge terminology used in title 
23.

Sec. 1531. Technical corrections

    Section 1531 makes technical corrections to title 23 of the 
United States Code.

Sec. 1532. Study of impacts on roads from self-driving vehicles

    Section 1532 directs the Administrator of FHWA to initiate 
a study on the existing and future impacts of self-driving 
vehicles to transportation infrastructure, mobility, the 
environment, and safety, including impacts on the Interstate 
System, urban roads, rural roads, corridors with heavy traffic 
congestion, transportation systems optimization, and any other 
areas or issues relevant to operations of FHWA that the 
Administrator determines to be appropriate. In carrying out the 
study, the Administrator is required to consider and 
incorporate relevant current and ongoing research of the 
Department and is required to convene and consult with national 
experts in both rural and urban transportation, subject to 
certain requirements.

     TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 
        1998 amendments

    Section 2001 makes several updates to the Transportation 
Infrastructure Finance and Innovation Act (TIFIA) program 
intended to increase program utilization, streamline the 
application process for assistance, and increase transparency 
in the vetting process for projects seeking TIFIA funds. This 
section establishes a definition for the term 
``administratively allocated'' in reference to funding 
allocated by the Secretary for projects that have advanced into 
either the credit worthiness phase or are subject to a master 
credit agreement. This section extends the period during which 
contingent commitments under a master credit agreement must 
result in a financial close from 3 years to 5 years. This 
section adds eligibility for public infrastructure located near 
transportation facilities to promote transit-oriented 
development subject to a September 30, 2025 letter of interest 
deadline and a cap on the funding available for such projects. 
This section adds eligibility for airport-related projects 
subject to a September 30, 2024 letter of interest deadline and 
a cap on the funding available for such projects, and requires 
the Secretary to report to Congress on the impact of this new 
eligibility on the use of TIFIA funds including recommendations 
for permanent modifications to the program. This section adds 
eligibility for projects to acquire plant and wildlife habitats 
pursuant to a transportation project environmental impact 
mitigation plan. This section raises the threshold for securing 
multiple credit rating agency opinions from $75,000,000 to 
$150,000,000. This section requires the Secretary to provide 
applicants with an estimate of the timeline of application 
approval or disapproval and, to the maximum extend practical, 
such estimate shall be less than 150 days from the submission 
of a letter of interest. In the case of government borrowers, 
this section removes the requirement that loans be prepaid with 
excess revenues so long as those revenues are used for surface 
transportation projects. This section also adds new criteria to 
the streamlined application process for public agency borrowers 
intended to increase the likelihood that the Secretary will be 
able to move more projects through the process expeditiously. 
This section extends the authority to use a portion of TIFIA 
funding for administrative costs through fiscal year 2025. This 
section increases overall transparency in the TIFIA process by 
requiring DOT to publish status reports online.
    Section 2001 extends the authorization of State 
Infrastructure Bank program through fiscal year 2025.

              TITLE III--RESEARCH TECHNOLOGY AND EDUCATION

Sec. 3001. Surface transportation system funding alternatives

    Section 3001 reauthorizes the Surface Transportation System 
Funding Alternatives program established under the FAST Act to 
research the feasibility of a road usage fee or other user-
based alternative revenue mechanisms that preserve a user fee 
structure to maintain the long-term solvency of the Highway 
Trust Fund. This section builds upon the State pilot programs 
authorized in the FAST Act and strengthens the program 
objectives to ensure projects test solutions for the 
collection, privacy, and security of data for the purposes of 
implementing a user-based alternative revenue mechanism. This 
section establishes a new national research program to include 
voluntary participation by drivers or owners of commercial 
vehicles. This section establishes a Federal System Funding 
Alternative Advisory Board to assist with advancing research 
under the program and developing recommendations. The board 
consists of a broad cross section of interested stakeholders 
including State and local transportation agencies, owners and 
operators of toll facilities, and fleet operators. This section 
requires the Secretary to report to Congress on the results of 
State pilot projects and the national research program, and to 
provide recommendations on implementation. For each of fiscal 
years 2021 through 2025, this section sets aside from funds 
made available for FHWA research programs, $15,000,000 for 
State pilot projects and $10,000,000 for the national research 
program. This section provides that excess funds from the State 
pilots may be used for the national research program and vice 
versa.

Sec. 3002. Performance management data support program

    Section 3002 extends the authorization and provides a 
funding source for FHWA to develop, use, and maintain data sets 
and data analysis tools to MPOs and States in carrying out 
performance management analyses and requirements. A national 
performance management program provides information to help 
Federal, State, and local governments and others in their 
decision-making as they consider strategic transportation 
investments and policies.

Sec. 3003. Data integration pilot program

    Section 3003 authorizes for appropriation from the General 
Fund, $2,500,000 for each of fiscal years 2021 through 2025 to 
research and develop models that integrate real-time 
information, including weather conditions, roadway conditions, 
and information from emergency responders. This section 
authorizes the Secretary to facilitate data integration between 
DOT and the National Weather Service, as well as address 
safety, resiliency, and vulnerability threats, by providing 
tools to help public safety officials and end users make 
important transportation decisions.

Sec. 3004. Emerging technology research pilot program

    Section 3004 establishes a pilot program to conduct 
emerging technology research, specifically including advanced 
and additive manufacturing (3-D printing) technologies, as well 
as research into activities to reduce the impact of automated 
driving systems and advanced driver automation systems 
technologies on pavement and infrastructure performance, and to 
improve transportation infrastructure design. This section 
authorizes for appropriation from the General Fund $5,000,000 
for each of fiscal years 2021 through 2025 to support the pilot 
program.

Sec. 3005. Research and technology development and deployment

    Section 3005 expands the objectives of the Turner Fairbank 
Highway Research Center to support research on non-market ready 
technologies in consultation with public and private entities. 
This section establishes an open challenge and research 
proposal pilot program that provides grants for proposals to 
research needs or challenges identified or determined to be 
important by the Secretary. This section also expands the 
Technology and Innovation Deployment Program by adding a focus 
on accelerated market readiness efforts, and increases funding 
for the program, including $100,000,000 in new and innovative 
construction technologies for smarter, accelerated project 
delivery. This section extends the authorization for the 
Accelerated Implementation and Deployment of Pavement 
Technologies program and adds pavement-related considerations 
to enhance the environment and promote sustainability in the 
reporting under this program. The modified Advanced 
Transportation Technologies and Innovative Mobility Deployment 
program includes intermodal connectivity and a rural set-aside 
of not less than 20 percent. This section authorizes a new 
Center of Excellence on New Mobility and Automated Vehicles to 
research the impact of automated vehicles and new mobility, 
such as docked and dockless bicycles and electric scooters.

Sec. 3006. Workforce development, training, and education

    Section 3006 provides authority to allow States greater 
flexibility to address surface transportation workforce 
development, training, and education needs, including 
activities that address current workforce gaps, such as work on 
construction projects. This section permits States to obligate 
funds for purposes such as pre-apprenticeships, 
apprenticeships, and career opportunities for on-the-job 
training, and vocational school support. This section modifies 
an existing grant program under section 504(f) in title 23 that 
requires the Secretary to make workforce development grants. 
This section expands the eligibility of educational 
institutions beyond institutions of higher education. This 
section also authorizes the Secretary to award grants for 
training deployment purposes beyond the development, testing, 
and review of new curricula and education programs. This 
section encourages coordination and partnership with 
stakeholders, including industry, construction, labor 
organizations, and relevant government agencies, such as the 
U.S. Department of Labor Employment and Training 
Administration, the U.S. Department of Education, and State, 
regional, and local partners, such as Workforce Development 
Boards. This section also establishes minimum reporting 
requirements for grant recipients to establish accountability 
in the award of grants.

Sec. 3007. Wildlife-vehicle collision research

    Section 3007 adds animal detection systems to reduce the 
number of wildlife-vehicle collisions as eligible for priority 
consideration for intelligent transportation system (ITS) 
research projects. This section amends membership of the 
advisory committee required to advise the Secretary on carrying 
out ITS programs.

                        TITLE IV--INDIAN AFFAIRS

Sec. 4001. Definition of Secretary

    Section 4001 defines the term ``Secretary'' as the 
Secretary of the Interior.

Sec. 4002. Environmental reviews for certain tribal transportation 
        facilities

    Section 4002 aligns the Department of the Interior's 
process of expediting environmental reviews for tribal 
transportation safety projects to be similar to the Department 
of Transportation's process.

Sec. 4003. Programmatic agreements for tribal categorical exclusions

    Section 4003 allows the Secretary of the Interior or the 
Secretary of Transportation to enter into programmatic 
agreements with Indian tribes.

Sec. 4004. Use of certain tribal transportation funds

    Section 4004 removes the 3 percent set-aside for the Tribal 
Transportation Facility Bridges program and specifies funding 
eligibilities for the same program.

Sec. 4005. Bureau of Indian Affairs (BIA) road maintenance program

    Section 4005 authorizes $50,000,000 for the Road 
Maintenance Program for fiscal year 2021, with increases of 
$2,000,000 per year through fiscal year 2025.

Sec. 4006. Study of road maintenance on Indian land

    Section 4006 directs the Secretary of the Interior, in 
consultation with the Secretary of Transportation, to study and 
address the deferred maintenance backlog of existing roads on 
Indian land.

Sec. 4007. Maintenance of certain Indian reservation roads

    Section 4007 allows the Commissioner of U.S. Customs and 
Border Protection to transfer funds to the BIA to maintain or 
repair roads under the jurisdiction of the BIA.

Sec. 4008. Tribal transportation safety needs

    Section 4008 directs the Secretary, in consultation with 
the Secretary of DOI, Indian tribes, and Alaska Native villages 
to develop best practices and create a standardized motor 
vehicle crash report form. Tribes could voluntarily use this 
crash report form to capture data and communicate with State 
departments of transportation. This section directs the Bureau 
of Indian Affairs to use the Incident Management Analysis and 
Reporting System form of the applicable State to report motor 
vehicle crash data. This section also modifies the set-aside 
amount for the Tribal Transportation Program Safety Fund from 2 
percent to 4 percent.

Sec. 4009. Office of Tribal Government Affairs

    Section 4009 establishes an Assistant Secretary for Tribal 
Government Affairs under the DOT, who shall be appointed by the 
President but not Senate confirmed. The Committee recommends 
that the Assistant Secretary for Tribal Government Affairs 
shall oversee the Tribal Transportation Self Governance Program 
under 23 U.S.C. 207. In addition, the Assistant Secretary shall 
administer all departmental, modal, and multimodal tribal 
governmental relations.

                          Legislative History

    On July 29, 2019, Senator Barrasso, chairman of the 
Committee on Environment and Public Works, introduced S. 2302, 
America's Transportation Infrastructure Act of 2019. Senators 
Carper, Capito, and Cardin were original cosponsors of the 
legislation. The bill was referred to the Committee on 
Environment and Public Works.
    On July 30, 2019, the Committee on Environment and Public 
Works conducted a business meeting to consider S. 2302. The 
Committee ordered S. 2302 to be favorably reported with an 
amendment in the nature of a substitute by a unanimous roll 
call vote of 21 to 0.

                                Hearings

    Since the passage of the FAST Act in 2015, the Committee on 
Environment and Public Works has held 12 hearings to conduct 
oversight on the implementation of the FAST Act and hear from 
stakeholders what priorities should be addressed in the 
reauthorization of the FAST Act.
     2/8/2017 Full Committee Hearing: ``Oversight: 
Modernizing our Nation's Infrastructure.''
     5/3/2017 Full Committee Hearing: ``Infrastructure 
Project Streamlining and Efficiency: Achieving Faster, Better, 
and Cheaper Results.''
     5/16/2017 Subcommittee Hearing: ``Leveraging 
Federal Funding: Innovative Solutions for Infrastructure.''
     5/17/2017 Full Committee Hearing: ``Improving 
America's Transportation Infrastructure: The Road Forward.''
     7/12/2017 Full Committee Hearing: ``The Use of 
TIFIA and Innovative Financing in Improving Infrastructure to 
Enhance Safety, Mobility, and Economic Opportunity''
     12/20/2017 Subcommittee Hearing: ``Freight 
Movement: Assessing Where We Are Now And Where We Need To Go.''
     3/1/2018 Full Committee Hearing: ``The 
Administration's Framework for Rebuilding Infrastructure in 
America.''
     6/13/2018 Full Committee Hearing: ``Innovation and 
America's Infrastructure: Examining the Effects of Emerging 
Autonomous Technologies on America's Roads and Bridges.''
     6/11/2018 Full Committee Hearing: ``The Long-term 
Value to U.S. Taxpayers of Low-cost Federal Infrastructure 
Loans.''
     11/28/2018 Full Committee Hearing: ``Addressing 
America's Surface Transportation Infrastructure Needs.''
     3/6/2019 Full Committee Hearing: The Economic 
Benefits of Highway Infrastructure Investment and Accelerated 
Project Delivery.''
     7/10/2019 Full Committee Hearing: ``Investing in 
America's Surface Transportation Infrastructure: The Need for a 
Multi-Year Reauthorization Bill.''

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2302 on July 30, 2019. The bill, with an amendment 
in the nature of a substitute, was ordered to be favorably 
reported by a roll call vote of 21 to 0.

Amendments approved

    The following amendments to the amendment in the nature of 
a substitute to S. 2302 were approved en bloc by voice vote:
    Carper #1--An amendment to reinstate set-aside categories 
for competitive grants under the PROTECT grant program that 
were inadvertently removed due to a clerical error (approved by 
voice vote).
    Inhofe-Boozman #1--An amendment to expand eligibility for 
grants under the INFRA grant program to include marine highway 
corridor projects that are connected to the National Highway 
Freight Network and likely to reduce on-road mobile source 
emissions (approved by voice vote).
    Revised Duckworth #2--An amendment to require the Federal 
Highway Administration to conduct a study of impacts on roads 
from self-driving vehicles, including those relating to 
traffic, congestion, and the environment (approved by voice 
vote).
    Revised Merkley #3--An amendment to clarify for purposes of 
the invasive plant elimination program that wildflowers used in 
state revegetation and replanting projects should be a variety 
that benefits pollinators (approved by voice vote).
    Revised Van Hollen #3--An amendment to modify provisions 
relating to funding for surface transportation system funding 
alternatives that allows for excess funds remaining after 
carrying out a national pilot program to be available to make 
grants for state pilot programs (approved by voice vote).

Final committee vote to report

    An amendment in the nature of a substitute, as amended by 
Carper #1, Inhofe-Boozman #1, Revised Duckworth #2, Revised 
Merkley #3, and Revised Van Hollen #3, was approved, and S. 
2302, with the amendment in the nature of a substitute, was 
ordered to be favorably reported by a roll call vote of 21 to 0 
(Senators Booker, Boozman, Braun, Capito, Cardin, Carper, 
Cramer, Duckworth, Ernst, Gillibrand, Inhofe, Markey, Merkley, 
Rounds, Sanders, Shelby, Sullivan, Van Hollen, Whitehouse, 
Wicker, and Barrasso voted aye).

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee on Environment and 
Public Works finds that S. 2302 does not create any additional 
regulatory burdens, nor will it cause any adverse impact on the 
personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee on Environment and Public 
Works notes that the Congressional Budget Office found that S. 
2302 contains no intergovernmental or private-sector mandates 
as defined in the Unfunded Mandates Reform Act (UMRA).

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 12, 2019.
Hon. John Barrasso,
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. 2302, the America's 
Transportation Infrastructure Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.
    
    
    Bill summary: S. 2302 would provide budget authority for 
the Department of Transportation (DOT) to continue operating 
the Federal-Aid Highway Program, which is funded from the 
Highway Trust Fund, over the 2021-2025 period. The bill also 
would authorize the appropriation of funds for certain other 
transportation programs administered by DOT, the Environmental 
Protection Agency, the Department of the Interior, the Forest 
Service, and other agencies.
    Estimated Federal cost: The estimated budgetary effect of 
S. 2302 is shown in Table 1. The costs of the legislation fall 
within budget functions 300 (natural resources and 
environment), 400 (transportation), and 450 (community and 
regional development).
    Basis of estimate: For this estimate, CBO assumes that S. 
2302 will be enacted near the end of 2019 and that the 
authorized amounts will be provided for each year beginning in 
fiscal year 2020. Outlays are based on the historical rate of 
spending for the affected programs.

Background

    The Federal-Aid Highway Program is an umbrella term for the 
separate highway programs administered by DOT's Federal Highway 
Administration. Those programs are almost entirely focused on 
highway construction, and generally do not support operations 
(such as state employee salaries or fuel costs) or routine 
maintenance (such as mowing roadway fringes or filling 
potholes). Historically, the program has been funded by 
contract authority (a mandatory form of budget authority) 
provided in multi-year authorizations but most outlays of that 
contract authority have been controlled by obligation 
limitations provided in annual appropriations and have 
therefore been classified as discretionary.\1\ Some outlays of 
that contract authority have been specifically exempt from 
obligation limitations and are therefore classified as 
mandatory.
---------------------------------------------------------------------------
    \1\For more information on the split budgetary classification of 
surface transportation programs funded from the Highway Trust Fund see 
Congressional Budget Office, The Highway Trust Fund and the Treatment 
of Surface Transpiration Programs in the Federal Budget (June 2014), 
www.cbo.gov/publication/45416.
---------------------------------------------------------------------------
    Following the rules in the Balanced Budget and Emergency 
Deficit Control Act of 1985 for constructing the baseline, 
CBO's baseline incorporates the assumption that the amount of 
contract authority provided in the last year of the Federal-Aid 
Highway Program's authorization continues in each subsequent 
year. Therefore, CBO's estimates for authorizing legislation 
containing contract authority as well as the outlays from 
contract authority that is exempt from obligation limitations 
are relative to amounts in its baseline projections.

                                                                        TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 2302
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       By fiscal year, millions of dollars--
                                                 -----------------------------------------------------------------------------------------------------------------------------------------------
                                                     2020        2021        2022        2023        2024        2025        2026        2027        2028        2029      2020-2024   2020-2029
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  INCREASES IN DIRECT SPENDING
Contract Authority Subject to Obligation
 Limitationsa:
  Estimated Contract Authorityb.................       7,569      15,591      16,686      17,869      19,133      20,307      20,307      20,307      20,307      20,307      76,848     178,383
  Estimated Outlays.............................           0           0           0           0           0           0           0           0           0           0           0           0
Balance Exchanges:
  Contract Authority............................           0           0           0           0           0           0           0           0           0           0           0           0
  Estimated Outlays.............................           0         140         270         195         100          50          40          20           0           0         705         815
                                                 -----------------------------------------------------------------------------------------------------------------------------------------------
  Total Changes:
    Estimated Contract Authority................       7,569      15,591      16,686      17,869      19,133      20,307      20,307      20,307      20,307      20,307      76,848     178,383
    Estimated Outlays...........................           0         140         270         195         100          50          40          20           0           0         705         815
 
                                                                                      DECREASES IN REVENUES
 
Estimated Revenues..............................           0           *          -2          -5         -11         -18         -26         -32         -36         -38         -18        -168
 
                                                            NET INCREASE IN THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES
 
Estimated Effect on the Deficit.................           0         140         272         200         111          68          66          52          36          38         723         983
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Obligation Limitations for the Federal-Aid
 Highway Program:
  Obligation Limitationsc.......................           0      54,388      55,483      56,666      57,930      59,104           0           0           0           0     224,467     283,571
  Estimated Outlays.............................           0      13,597      36,170      45,073      48,758      51,977      39,606      16,781       8,626       6,334     143,598     266,922
Other Authorized Programs:
  Estimated Authorization.......................         197       1,384       1,427       1,434       1,461       1,382           1           1           1           1       5,903       7,289
  Estimated Outlays.............................          31         425         951       1,185       1,292       1,345         957         442         227         142       3,885       6,998
                                                 -----------------------------------------------------------------------------------------------------------------------------------------------
  Total Changes:
    Estimated Budgetary Resources...............         197      55,772      56,910      58,100      59,391      60,486           1           1           1           1     230,370     290,860
    Estimated Outlays...........................          31      14,025      37,121      46,258      50,051      53,322      40,563      17,223       8,854       6,476     147,485     273,924
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office; staff of the Joint Committee on Taxation.
Components may not sum to totals because of rounding; * = between -$500,000 and zero.
aThe Congress and the Administration agree that the Federal-Aid Highway Program has a unique budgetary treatment: Authorizing laws provide the program with contract authority (the authority to
  obligate funds in advance of an appropriation act) but outlays of that authority are generally considered discretionary because they are controlled by obligation limitations in an annual
  appropriation act. (Obligation limitations are provisions of a law or legislation that restrict or reduce the availability of budget authority that would have become available under another
  law.) A portion of the program's contract authority is exempt from those limitations (both under current law and under S. 2302) and therefore results in mandatory outlays.
bConsistent with rules in the Balanced Budget and Emergency Deficit Control Act of 1985, CBO assumes that the mandatory budget authority provided in 2025, the final year of the bill's
  authorization, would continue indefinitely. See Table 2 for more details on the change in contract authority under S. 2302 relative to CBO's baseline projections.
cThe Deficit Control Act does not require CBO to extend amounts authorized to be appropriated beyond the expiration date of such an authorization. Consequently, CBO has not estimated
  obligation limitations beyond 2025.

    However, the Deficit Control Act does not require CBO to 
extend expiring authorizations of appropriations. Consequently, 
CBO does not project obligation limitations and the associated 
discretionary spending beyond the period of authorization 
included in proposed legislation.

Direct spending

    Relative to the amounts projected in its baseline, CBO 
estimates that enacting S. 2302 would increase mandatory budget 
authority by $178 billion and mandatory outlays by $0.8 billion 
over the 2020-2029 period.
    Contract Authority Subject to Obligation Limitations. S. 
2302 would provide contract authority for the Federal-Aid 
Highway Program over the 2020-2025 period. The change in 
contract authority under S. 2302 relative to CBO's baseline is 
displayed in Table 2 and described below. Because of the 
program's split budgetary classification, most outlays stemming 
from that authority are classified as discretionary; a small 
amount is classified as mandatory.
    The Fixing America's Surface Transportation (FAST) Act, the 
most recent authorization for surface transportation, expires 
at the end of 2020. Consistent with requirements in the Deficit 
Control Act, CBO's baseline projections include the assumption 
that the amount of contract authority in 2020 continues at the 
same level in each subsequent year, including a scheduled $8 
billion rescission of contract authority in 2020. (A rescission 
is a withdrawal of unexpired authority to incur financial 
obligations that was provided previously in law.) Accordingly, 
CBO's May 2019 baseline projects that net contract authority 
over the 2020-2029 period would total $395 billion; $388 
billion of that amount is subject to obligation limitations.
    S. 2302 would cancel the $8 billion rescission scheduled to 
occur in 2020. Thus, CBO estimates that relative to the 
baseline, contract authority for the Federal-Aid Highway 
Program would increase by about $76 billion over the 2020-2029 
period.
    In addition, S. 2302 would provide $284 billion in contract 
authority that is subject to obligation limitations for the 
Federal-Aid Highway Program over the 2021-2025 period. 
Consistent with the Deficit Control Act, CBO estimates that the 
mandatory budget authority of nearly $60 billion that would be 
provided in 2025 (the final year of its authorization) under S. 
2302 would continue indefinitely.
    CBO estimates that the amounts that would be provided by 
the bill for contract authority subject to obligation 
limitations over the 2020-2029 period is $178 billion more than 
projected in CBO's baseline. (Because the contract authority 
provided in the bill that is exempt from obligation limitations 
would be equal to the amount projected in CBO's baseline over 
the 2020-2029 period, there would be no cost relative to that 
baseline.)

                        TABLE 2.--CONTRACT AUTHORITY SUBJECT TO OBLIGATION LIMITATIONS FOR THE FEDERAL-AID HIGHWAY PROGRAM PROVIDED BY S. 2302 RELATIVE TO CBO'S BASELINE
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       By fiscal year, millions of dollars--
                                                  ----------------------------------------------------------------------------------------------------------------------------------------------
                                                      2020       2021       2022       2023       2024       2025       2026       2027       2028       2029    2020-2024  2021-2025  2020-2029
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              CONTRACT AUTHORITY IN CBO'S BASELINEa
 
Contract Authority Under the Fast Act............     46,366          0          0          0          0          0          0          0          0          0     46,366     46,366     46,366
Rescission Under the FAST Act....................     -7,569          0          0          0          0          0          0          0          0          0     -7,569     -7,569     -7,569
Contract Authority Assumed in CBO's Baseline.....          0     38,797     38,797     38,797     38,797     38,797     38,797     38,797     38,797     38,797    155,188    155,188    349,173
                                                  ----------------------------------------------------------------------------------------------------------------------------------------------
    Total Contract Authority.....................     38,797     38,797     38,797     38,797     38,797     38,797     38,797     38,797     38,797     38,797    193,985    193,985    387,970
 
                                                                                CONTRACT AUTHORITY UNDER S. 2302
 
Contract Authority...............................     46,366     54,388     55,483     56,666     57,930     59,104          0          0          0          0    270,833    283,571    329,937
Contract Authority Assumed to Continue...........          0          0          0          0          0          0     59,104     59,104     59,104     59,104          0          0    236,416
                                                  ----------------------------------------------------------------------------------------------------------------------------------------------
    Total Contract Authority.....................     46,366     54,388     55,483     56,666     57,930     59,104     59,104     59,104     59,104     59,104    270,833    283,571    566,353
 
                                                             INCREASE IN CONTRACT AUTHORITY UNDER S, 2302 COMPARED TO CBO'S BASELINE
 
Increase in Contract Authorityb..................      7,569     15,591     16,686     17,869     19,133     20,307     20,307     20,307     20,307     20,307     76,848     89,586    178,383
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; FAST Act = Fixing America's Surface Transportation Act.
The bill also would authorize about $3 billion in contract authority exempt from obligation limitations over the 2021-2025 period. Those amounts are equal to amounts assumed in CBO's baseline
  over that period.
aFollowing the rules in the Balanced Budget and Deficit Control Act of 1985, CBO's baseline incorporates the assumption that the amount of contract authority provided in the last year of the
  Federal-Aid Highway Program's authorization continues in each subsequent year. Under the FAST Act, the current surface transportation authorization, contract authority is provided for the
  Federal-Aid Highway Program through 2020. S. 2302 would provide that authority through 2025.
bThis line is the same as the line ``Contract Authority Subject to Obligation Limitations'' in Table 1.

    Balance Exchanges. Until 2014, the federal government 
provided contract authority to the 13 Appalachian states to 
fund the Appalachian Development Highway System (ADHS). Most of 
those states still have balances for those purposes.
    Section 1123 would create the Balance Exchanges for 
Infrastructure program. Under the program, Appalachian states 
that do not plan to use all of their remaining balances of ADHS 
contract authority could exchange their balances in return for 
an equal amount of contract authority that could be used for a 
wider range of transportation projects. The funding would come 
from unobligated balances within DOT's Transportation 
Infrastructure Finance and Innovation Act (TIFIA) program. 
States that chose not to return their balances could apply for 
grants (funded from ADHS balances returned by other states) to 
fund ADHS-related projects.
    Given the amount of unobligated balances remaining in the 
ADHS and TIFIA programs and the likelihood of a state's 
participation in the Balance Exchanges program, CBO estimates 
that six of the 13 states with large ADHS balances would choose 
to return a total of about $450 million in contract authority 
in exchange for an equal amount of funding from the TIFIA 
program. Two other states would probably apply for and receive 
a total of about $375 million from the returned ADHS balances.
    CBO estimates that in total enacting this provision would 
increase outlays--by $815 million--from contract authority 
provided in previous authorization acts that would not 
otherwise have been spent over the 2020-2029 period.

Revenues

    S. 2302 would reauthorize the State Infrastructure Bank 
program through 2025. States use infrastructure banks to 
finance transportation projects by lending money to local 
governments or by repaying bonds.
    As under current law, S. 2302 would allow states to deposit 
some of the funds apportioned and allocated to the state from 
the Federal-Aid Highway Program into state infrastructure 
banks. S. 2302 would increase such funding to states, so more 
would be available, relative to CBO's baseline, for such 
deposits.
    The staff of the Joint Committee on Taxation estimates that 
enacting this provision would increase the states' use of tax-
exempt bonds and therefore decrease federal revenues by $168 
million over the 2020-2029 period.

Spending subject to appropriation

    Assuming appropriation of the specified and necessary 
amounts, CBO estimates that implementing S. 2302 would cost 
$274 billion over the 2020-2029 period (see Table 3). That 
amount includes spending from the Highway Trust Fund as well as 
spending on programs operated by DOT or other federal agencies.
    Obligation Limitations for the Federal-Aid Highway Program. 
Historically, 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 under the provisions of S. 2302. The 
bill would authorize obligation limitations totaling $284 
billion over the 2020-2029 period. CBO estimates that 
obligating amounts equal to those limitations would result in 
outlays of $267 billion over the 2020-2029 period.

                                    TABLE 3.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 2302
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               By fiscal year, millions of dollars--
                                         ---------------------------------------------------------------------------------------------------------------
                                           2020    2021     2022     2023     2024     2025     2026     2027     2028     2029    2020-2024   2020-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
Obligation Limitations for the Federal-
 Aid Highway Program:
  Obligation Limitation.................      0   54,388   55,483   56,666   57,930   59,104        0        0        0        0     224,467     283,571
  Estimated Outlays.....................      0   13,597   36,170   45,073   48,758   51,977   39,606   16,781    8,626    6,334     143,598     266,922
Bridge Investment Program:
  Authorization.........................      0      600      640      650      675      700        0        0        0        0       2,565       3,265
  Estimated Outlays.....................      0      150      406      515      561      605      464      196      100       74       1,632       3,071
Tribal Transportation:
  Authorization.........................      0      380      382      384      386      388        0        0        0        0       1,532       1,920
  Estimated Outlays.....................      0      117      269      322      342      357      245       97       50       35       1,050       1,834
Appalachian Regional Commission:
  Authorization.........................      0      180      180      180      180      180        0        0        0        0         720         900
  Estimated Outlays.....................      0       20       67      115      148      171      160      113       65       32         350         891
Diesel Emissions Reduction:
  Authorization.........................    100      100      100      100      100        0        0        0        0        0         500         500
  Estimated Outlays.....................     25       85      100      100      100       75       15        0        0        0         410         500
Emissions Capture and Utilization:
  Estimated Authorization...............     87        1        2        2        2        1        1        1        1        1          94          99
  Estimated Outlays.....................      3        3       20       22       23       20        3        2        2        1          71          99
Legacy Roads and Trails Remediation:
  Authorization.........................      0       50       50       50       50       50        0        0        0        0         200         250
  Estimated Outlays.....................      0       34       45       50       50       50       16        5        0        0         179         250
Invasive Plant Elimination:
  Authorization.........................      0       50       50       50       50       50        0        0        0        0         200         250
  Estimated Outlays.....................      0        5       25       40       50       50       45       25       10        0         120         250
Pilot Programs:
  Authorization.........................      0       13       13       13       13       13        0        0        0        0          52          65
  Estimated Outlays.....................      0        5        9       12       13       13        8        4        1        0          39          65
Alaska Highway:
  Estimated Authorization...............     10       10       10        5        5        0        0        0        0        0          40          40
  Estimated Outlays.....................      3        7       10        9        6        4        1        0        0        0          35          40
Total Changes:
  Estimated Budgetary Resources.........    197   55,772   56,910   58,100   59,391   60,486        1        1        1        1     230,370     290,860
  Estimated Outlays.....................     31   14,025   37,121   46,258   50,051   53,322   40,563   17,223    8,854    6,476     147,485     273,924
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.

    Bridge Investment Program. In addition to contract 
authority provided from the Highway Trust Fund, section 1101 
would authorize the appropriation of about $3.3 billion for DOT 
to implement the proposed Bridge Investment Program. CBO 
estimates that implementing this provision would cost $3.1 
billion over the 2020-2029 period.
    Tribal Transportation. Over the 2021-2025 period, section 
1101 also would authorize the appropriation of $300 million 
annually for the Nationally Significant Federal Lands and 
Tribal Projects Program, section 1130 would authorize the 
appropriation of $30 million annually for the Tribal High 
Priority Projects Program, and section 4005 would authorize 
appropriations totaling $270 million for the Bureau of Indian 
Affairs' road maintenance program. The bill also would 
authorize the appointment of a new Assistant Secretary for 
Tribal Government Affairs within the Department of the Interior 
to oversee road maintenance and other tribal transportation 
activities. CBO estimates that implementing those provisions 
would cost $1.8 billion over the 2020-2029 period.
    Appalachian Regional Commission. Section 1506 would 
authorize the appropriation of $180 million a year over the 
2021-2025 period for the Appalachian Regional Commission. CBO 
estimates that implementing the provision would cost $891 
million over the 2020-2029 period.
    Diesel Emissions Reduction. Section 1408 would authorize 
the appropriation of $100 million annually over the 2020-2024 
period for the Environmental Protection Agency to provide 
grants and rebates for projects and state programs that reduce 
emissions from diesel engines. In 2019, $87 million was 
appropriated for those purposes. CBO estimates that 
implementing section 1408 would cost $500 million over the 
2020-2029 period.
    Emissions Capture and Utilization. Section 1406 would 
authorize the appropriation of $85 million for the 
Environmental Protection Agency to support research and 
development on advanced technologies to capture carbon dioxide 
(CO2) from the atmosphere for permanent storage or for use in 
commercial products or processes. CBO estimates that 
implementing this provision would cost $85 million over the 
2020-2029 period.
    Section 1406 aims to expedite the review and permitting for 
infrastructure projects to capture or transport CO2. The 
Council on Environmental Quality would be required to support 
the expansion of CO2 storage projects and infrastructure by 
issuing new guidance and reports and by establishing new task 
forces. CBO estimates that implementing those provisions would 
cost $14 million over the 2020-2029 period.
    Legacy Roads and Trails Remediation. Section 1504 would 
authorize the appropriation of $50 million annually over the 
2021-2025 period for the Forest Service to provide critical 
maintenance, urgent repairs, and improvements to National 
Forest System roads, trails, and bridges. CBO estimates that 
implementing this section would cost $250 million over the 
2020-2029 period.
    Invasive Plant Elimination. Section 1528 would authorize 
the appropriation of $50 million annually over the 2021-2025 
period for DOT to provide grants to states to eliminate or 
control invasive plants in areas adjacent to highways, 
railroads, or other surface transportation routes. CBO 
estimates the implementing the section would cost $250 million 
over the 2020-2029 period.
    Pilot Programs. S. 2302 would authorize appropriations for 
three pilot programs over the 2021-2025 period. Section 1502 
would authorize the appropriation of $5 million annually for 
construction grants to local governments for infrastructure 
designed to increase pedestrian safety near roadways, section 
3004 would authorize the appropriation of $5 million annually 
for DOT to implement a program to research emerging 
transportation technologies, and section 3003 would authorize 
the appropriation of $2.5 million annually for DOT to better 
integrate data from DOT, the National Weather Service, and 
other sources to provide real-time information on roadway 
conditions during severe weather events. CBO estimates that 
implementing those provisions would cost $65 million over the 
2020-2029 period.
    Alaska Highway. Section 1117 would authorize the use of 
competitive DOT grants to restore part of the Alaska Highway. 
Under current law, only amounts apportioned to Alaska from the 
Federal-Aid Highway Program can be used to fund that 
infrastructure.
    CBO expects that Alaska would apply for discretionary 
grants to supplement funding from the Federal-Aid Highway 
Program to complete the current restoration initiative. Using 
information from the federal Department of Transportation and 
the State of Alaska, CBO estimates that implementing the 
section would cost $40 million over the 2020-2029 period.

Status of the Highway Trust Fund under S. 2302

    In its May 2019 baseline, CBO projected a cumulative 
shortfall of $53 billion in the highway account of the Highway 
Trust Fund at the end of 2025.\2\ That is the amount by which 
revenues credited to the fund are projected to fall short of 
outlays, given the authorized and projected spending authority.
---------------------------------------------------------------------------
    \2\See Congressional Budget Office, Details About Baseline 
Projections for Selected Programs, ``Highway Trust Fund Accounts--May 
2019 Baseline,'' (May 20, 2019), https://go.usa.gov/xVAAT.
---------------------------------------------------------------------------
    The obligation limitations authorized in S. 2302 for the 
Federal-Aid Highway Program exceed those in CBO's May 2019 
baseline by about $38 billion.
    As a result, CBO estimates that the cumulative shortfall at 
the end of 2025 in the highway account of the Highway Trust 
Fund under S. 2302 would be about $80 billion (see Table 4). 
The bill would not affect revenues credited to the fund. 
Consistent with the scoring conventions for all discretionary 
programs, those estimates reflect the assumption that the pace 
of spending under S. 2302 would not be affected by the 
shortfall in the Highway Trust Fund.

          TABLE 4.--ESTIMATED SPENDING FROM THE HIGHWAY ACCOUNT OF THE HIGHWAY TRUST FUND UNDER S. 2302
----------------------------------------------------------------------------------------------------------------
                                                        By fiscal year, millions of dollars--
                                    ----------------------------------------------------------------------------
                                        2020       2021       2022       2023       2024       2025    2020-2025
----------------------------------------------------------------------------------------------------------------
Start-of-Year Balance..............     23,542     13,518        303          a          a          a          a
Revenues and Interestb.............     37,739     37,282     36,955     36,762     36,650     36,560    221,949
Outlays............................     46,763     49,498     53,357     55,391     56,560     57,941    319,510
End-of-Year Balancec...............     13,518        303          a          a          a          a
Memorandum:
  Shortfalla.......................       n.a.       n.a.    -17,099    -19,629    -20,910    -22,381    -80,019
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; n.a. = not applicable.
Outlays, revenues, and interest projections are relative to CBO's May 2019 baseline.
aUnder current law, the Highway Trust Fund cannot incur negative balances. However, following the rules in the
  Balanced Budget and Emergency Deficit Control Act of 1985 for constructing the baseline, this estimate for
  surface transportation spending incorporates the assumption that obligations presented to the Highway Trust
  Fund will be paid in full. The memorandum to this table shows the shortfall of fund balances, assuming
  spending amounts consistent with CBO's estimate for S. 2302 for the Federal-Aid Highway Program and CBO's May
  2019 baseline for the National Highway Traffic Safety Administration and Federal Motor Carrier Safety
  Administration programs that are part of the Highway Account of the Highway Trust Fund.
bSome of the taxes that are credited to the Highway Trust Fund are scheduled to expire on September 30, 2022,
  including the taxes on tires and all but 4.3 cents of the federal tax on motor fuels. However, under the rules
  in the Deficit Control Act for constructing the baseline, this estimate incorporates the assumption that all
  of the expiring taxes credited to the fund will continue to be collected after fiscal year 2022.
cEnd-of-year balances reflect amounts transferred from the trust fund's highway account to its transit account--
  in 2018, $1.6 billion. CBO estimates that those transfers will equal $1 billion annually over the 2020-2025
  period.

Uncertainty

    CBO's estimate of the number of states that would 
participate in the proposed Balance Exchange for Infrastructure 
program and the amounts those states would choose to exchange 
is uncertain. The cost of the provision could differ from CBO's 
estimate if the number of states was higher or lower than CBO 
estimates, or if the amount of funds that participating states 
exchanged were greater or less than CBO estimates.
    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 Table 5.

   TABLE 5.--CBO'S ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF S. 2302, AS REPORTED BY THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON
                                                                     AUGUST 1, 2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2020    2021    2022    2023    2024    2025    2026    2027    2028    2029   2020-2024  2020-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Net Increase In The Deficit
 
Pay-As-You-Go Effects.............................       0     140     272     200     111      68      66      52      36      38       723        983
Memorandum:
  Changes in Outlays..............................       0     140     270     195     100      50      40      20       0       0       705        815
  Changes in Revenues.............................       0       0      -2      -5     -11     -18     -26     -32     -36     -38       -18       -168
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term deficits: CBO estimates that enacting 
S. 2302 would not increase on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2030.
    Mandates: None.
    Previous CBO estimate: On May 6, 2019, CBO transmitted a 
cost estimate for S. 383, the USE IT Act, as ordered reported 
by the Senate Committee on Environment and Public Works on 
April 10, 2019. Section 1406 of S. 2302 is similar to S. 383 
and CBO's estimated cost of enacting those provisions is the 
same.
    On April 26, 2019 CBO released a cost estimate for S. 747, 
the Diesel Emissions Reduction Act of 2019, as ordered reported 
by the Senate Committee on Environment and Public Works on 
April 10, 2019. Sec. 1408 of S. 2302 is similar to S. 747 and 
CBO's estimated cost of enacting those provisions is the same.
    Estimate prepared by: Federal costs: Stephen Rabent 
(Environmental Protection Agency); Robert Reese (Department of 
Transportation and other provisions). Federal revenues: Staff 
of the Joint Committee on Taxation; Mandates: Brandon Lever.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis; 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:

           *       *       *       *       *       *       *




  

TITLE 23, UNITED STATES CODE -- HIGHWAYS

           *       *       *       *       *       *       *


            Title 23, United States Code--Table of Sections

            Title 23, United States Code--Table of Sections



                          SECTIONS OF TITLE 23



                           TITLE 23--HIGHWAYS


                     CHAPTER 1--FEDERAL-AID HIGHWAYS


Sec.
101.     Definitions and declaration of policy.
     * * * * * * *
105.     [Additional deposits into Highway Trust Fund.]
     * * * * * * *
123.     Relocation of utility facilities.
124.     Bridge investment program.
     * * * * * * *
[139.     Efficient environmental reviews for project decisionmaking.]
139.     Efficient environmental reviews for project decisionmaking and 
          One Federal Decision.
     * * * * * * *
170.     Funding flexibility for transportation emergencies.
171.     Balance exchanges for infrastructure program.
172.     Formula safety incentive program.
173.     Fatality reduction performance program.
174.     Wildlife crossings pilot program.
175.     Wildlife-vehicle collision reduction and habitat connectivity 
          improvement.
176.     State human capital plans.
177.      Formula carbon reduction incentive program.
178.      Carbon reduction performance program.
179.      Promoting Resilient Operations for Transformative, Efficient, 
          and Cost-saving Transportation (PROTECT) grant program.
     * * * * * * *
                    CHAPTER 1--FEDERAL-AID HIGHWAYS

Sec. 101. Definitions and declaration of policy

  (a) Definitions.--In this title, the following definitions 
apply:
          (1) Apportionment.--* * *
           * * * * * * *
          (4) Construction.--* * *
           * * * * * * *
                  (A) preliminary engineering, engineering, and 
                design-related services directly relating to 
                the construction of a highway project, 
                including engineering, design, project 
                development and management, construction 
                project management and inspection, surveying, 
                assessing resilience, mapping (including the 
                establishment of temporary and permanent 
                geodetic control in accordance with 
                specifications of the National Oceanic and 
                Atmospheric Administration), and architectural-
                related services;
           * * * * * * *
                  (G) improvements that directly facilitate and 
                control traffic flow, such as grade separation 
                of intersections, widening of lanes, 
                channelization of traffic, traffic control 
                systems, and passenger loading and unloading 
                areas; [and]
                  (H) improvements that reduce the number of 
                wildlife-vehicle collisions, such as wildlife 
                crossing structures; and
                  [(H)] (I) capital improvements that directly 
                facilitate an effective vehicle weight 
                enforcement program, such as scales (fixed and 
                portable), scale pits, scale installation, and 
                scale houses.
           * * * * * * *
          (16) National Highway System.--The term ``National 
        Highway System'' means the Federal-aid highway system 
        described in section 103(b).
          (17) Natural infrastructure.--The term `natural 
        infrastructure' means infrastructure that uses, 
        restores, or emulates natural ecological processes 
        and--
                  (A) is created through the action of natural 
                physical, geological, biological, and chemical 
                processes over time;
                  (B) is created by human design, engineering, 
                and construction to emulate or act in concert 
                with natural processes; or
                  (C) involves the use of plants, soils, and 
                other natural features, including through the 
                creation, restoration, or preservation of 
                vegetated areas using materials appropriate to 
                the region to manage stormwater and runoff, to 
                attenuate flooding and storm surges, and for 
                other related purposes.
          [(17)] (18) Operating costs for traffic monitoring, 
        management, and control.--The term ``operating costs 
        for traffic monitoring, management, and control'' 
        includes labor costs, administrative costs, costs of 
        utilities and rent, and other costs associated with the 
        continuous operation of traffic control, such as 
        integrated traffic control systems, incident management 
        programs, and traffic control centers.
          [(18)] (19) Operational improvement.--The term 
        ``operational improvement''--
                  (A) means (i) a capital improvement for 
                installation of traffic surveillance and 
                control equipment, computerized signal systems, 
                motorist information systems, integrated 
                traffic control systems, incident management 
                programs, and transportation demand management 
                facilities, strategies, and programs, and (ii) 
                such other capital improvements to public roads 
                as the Secretary may designate, by regulation; 
                and
                  (B) does not include resurfacing, restoring, 
                or rehabilitating improvements, construction of 
                additional lanes, interchanges, and grade 
                separations, and construction of a new facility 
                on a new location.
          [(19)] (20) Project.--The term ``project'' means any 
        undertaking eligible for assistance under this title.
          [(20)] (21) Project agreement.--The term ``project 
        agreement'' means the formal instrument to be executed 
        by the Secretary and the recipient as required by 
        section 106.
          [(21)] (22) Public authority.--The term ``public 
        authority'' means a Federal, State, county, town, or 
        township, Indian tribe, municipal or other local 
        government or instrumentality with authority to 
        finance, build, operate, or maintain toll or toll-free 
        facilities.
          [(22)] (23) Public road.--The term ``public road'' 
        means any road or street under the jurisdiction of and 
        maintained by a public authority and open to public 
        travel.
          (24) Resilience.--The term `resilience', with respect 
        to a project, means a project with the ability to 
        anticipate, prepare for, or adapt to conditions or 
        withstand, respond to, or recover rapidly from 
        disruptions, including the ability--
                  (A)(i) to resist hazards or withstand impacts 
                from weather events and natural disasters; or
                  (ii) to reduce the magnitude, duration, or 
                impact of a disruptive weather event or natural 
                disaster to a project; and
                  (B) to have the absorptive capacity, adaptive 
                capacity, and recoverability to decrease 
                project vulnerability to weather events or 
                other natural disasters.
          [(23)] (25) Rural areas.--The term ``rural areas'' 
        means all areas of a State not included in urban areas.
          [(24)] (26) Safety improvement project.--The term 
        ``safety improvement project'' means a strategy, 
        activity, or project on a public road that is 
        consistent with the State strategic highway safety plan 
        and corrects or improves a roadway feature that 
        constitutes a hazard to road users or addresses a 
        highway safety problem.
          [(25)] (27) Secretary.--The term ``Secretary'' means 
        Secretary of Transportation.
          [(26)] (28) State.--The term ``State'' means any of 
        the 50 States, the District of Columbia, or Puerto 
        Rico.
          [(27)] (29) State funds.--The term ``State funds'' 
        includes funds raised under the authority of the State 
        or any political or other subdivision thereof, and made 
        available for expenditure under the direct control of 
        the State transportation department.
          [(28)] (30) State strategic highway safety plan.--The 
        term ``State strategic highway safety plan'' has the 
        same meaning given such term in section 148(a).
          [(29)] (31) State transportation department.--The 
        term ``State transportation department'' means that 
        department, commission, board, or official of any State 
        charged by its laws with the responsibility for highway 
        construction.
          [(30)] (32) Transportation systems management and 
        operations.--
                  (A) In general.--The term ``transportation 
                systems management and operations'' means 
                integrated strategies to optimize the 
                performance of existing infrastructure [through 
                the implementation] through--
                          (i) the implementation of multimodal 
                        and intermodal, cross-jurisdictional 
                        systems, services, and projects 
                        designed to preserve capacity and 
                        improve security, safety, and 
                        reliability of the transportation 
                        system[.] ; and
                          (ii) the consideration of 
                        incorporating natural infrastructure.
           * * * * * * *
          [(31)] (33) Tribal transportation facility.--The term 
        ``tribal transportation facility'' means a public 
        highway, road, bridge, trail, or transit system that is 
        located on or provides access to tribal land and 
        appears on the national tribal transportation facility 
        inventory described in section 202(b)(1).
          [(32)] (34) Truck stop electrification system.--The 
        term ``truck stop electrification system'' means a 
        system that delivers heat, air conditioning, 
        electricity, or communications to a heavy-duty vehicle.
          [(33)] (35) Urban area.--The term ``urban area'' 
        means an urbanized area or, in the case of an urbanized 
        area encompassing more than one State, that part of the 
        urbanized area in each such State, or urban place as 
        designated by the Bureau of the Census having a 
        population of 5,000 or more and not within any 
        urbanized area, within boundaries to be fixed by 
        responsible State and local officials in cooperation 
        with each other, subject to approval by the Secretary. 
        Such boundaries shall encompass, at a minimum, the 
        entire urban place designated by the Bureau of the 
        Census, except in the case of cities in the State of 
        Maine and in the State of New Hampshire.
          [(34)] (36) Urbanized area.--The term ``urbanized 
        area'' means an area with a population of 50,000 or 
        more designated by the Bureau of the Census, within 
        boundaries to be fixed by responsible State and local 
        officials in cooperation with each other, subject to 
        approval by the Secretary. Such boundaries shall 
        encompass, at a minimum, the entire urbanized area 
        within a State as designated by the Bureau of the 
        Census.
           * * * * * * *
  (b) Declaration of Policy.--
          (1) Acceleration of construction of Federal-aid 
        highway systems.--Congress declares that it is in the 
        national interest to accelerate the construction of 
        Federal-aid highway systems, including the Dwight D. 
        Eisenhower National System of Interstate and Defense 
        Highways because many of the highways (or portions of 
        the highways) are inadequate to meet the needs of local 
        and interstate commerce for the national and civil 
        defense.
           * * * * * * *
          (3) Transportation needs of 21st Century.--Congress 
        declares that--
                  (A)  * * *
           * * * * * * *
                  (D) among the foremost needs that the surface 
                transportation system must meet to provide for 
                a strong and vigorous national economy are 
                safe, efficient, resilient, and reliable--
           * * * * * * *

Sec. 102. Program efficiencies

  (a) Access of Motorcycles.--No State or political subdivision 
of a State may enact or enforce a law that applies only to 
motorcycles and the principal purpose of which is to restrict 
the access of motorcycles to any highway or portion of a 
highway for which Federal-aid highway funds have been utilized 
for planning, design, construction, or maintenance. [Nothing in 
this subsection]
  (b) Savings Provision.--Nothing in this section shall affect 
the authority of a State or political subdivision of a State to 
regulate motorcycles for safety.
  [(b) Engineering Cost Reimbursement.--If on-site construction 
of, or acquisition of right-of-way for, a highway project is 
not commenced within 10 years (or such longer period as the 
State requests and the Secretary determines to be reasonable) 
after the date on which Federal funds are first made available, 
out of the Highway Trust Fund (other than Mass Transit 
Account), for preliminary engineering of such project, the 
State shall pay an amount equal to the amount of Federal funds 
reimbursed for the preliminary engineering. The Secretary shall 
deposit in such Fund all amounts paid to the Secretary under 
this section.]
           * * * * * * *

Sec. 104. Apportionment

  (a) Administrative Expenses.--
          [(1) In general.--There is 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) $453,000,000 for fiscal year 2016;
                  [(B) $459,795,000 for fiscal year 2017;
                  [(C) $466,691,925 for fiscal year 2018;
                  [(D) $473,692,304 for fiscal year 2019; and
                  [(E) $480,797,689 for fiscal year 2020.]
          (1) In general.--There are authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to be made available to the 
        Secretary for administrative expenses of the Federal 
        Highway Administration--
                  (A) $490,282,000 for fiscal year 2021;
                  (B) $499,768,000 for fiscal year 2022;
                  (C) $509,708,000 for fiscal year 2023;
                  (D) $520,084,000 for fiscal year 2024; and
                  (E) $530,459,000 for fiscal year 2025.
           * * * * * * *
  (b) Division Among Programs of State's Share of Base 
Apportionment.--The Secretary shall distribute the amount of 
the base apportionment apportioned to a State for a fiscal year 
under subsection (c) among the national highway performance 
program, the surface transportation block grant program, the 
highway safety improvement program, the congestion mitigation 
and air quality improvement program, the national highway 
freight program, and to carry out section 134 as follows:
          (1) National highway performance program.--* * *
           * * * * * * *
          (5) National highway freight program.--
                  (A) In general.--For the national highway 
                freight program under section 167, the 
                Secretary shall set aside from the base 
                apportionment 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 highway freight program 
                for all States shall be--
                          [(i) $1,150,000,000 for fiscal year 
                        2016;
                          [(ii) $1,100,000,000 for fiscal year 
                        2017;
                          [(iii) $1,200,000,000 for fiscal year 
                        2018;
                          [(iv) $1,350,000,000 for fiscal year 
                        2019; and
                          [(v) $1,500,000,000 for fiscal year 
                        2020.]
                  (B) Total amount.--The total amount set aside 
                for the national highway freight program for 
                all States shall be--
                          (i) $1,625,000,000 for fiscal year 
                        2021;
                          (ii) $1,660,000,000 for fiscal year 
                        2022;
                          (iii) $1,700,000,000 for fiscal year 
                        2023;
                          (iv) $1,740,000,000 for fiscal year 
                        2024; and
                          (v) $1,775,000,000 for fiscal year 
                        2025.
           * * * * * * *
  (c) Calculation of Amounts.--
          (1) State share.--For [each of fiscal years 2016 
        through 2020] fiscal year 2021 and each fiscal year 
        thereafter, the amount for each State shall be 
        determined as follows:
                  (A) Initial amounts.--The initial amounts for 
                each State shall be determined by multiplying--
                          (i) each of--
                                  (I) the base apportionment;
                                  (II) supplemental funds 
                                reserved under subsection 
                                (h)(1) for the national highway 
                                performance program; and
                                  (III) supplemental funds 
                                reserved under subsection 
                                (h)(2) for the surface 
                                transportation block grant 
                                program; by (ii) 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 2015] 
                                fiscal year 2020; bears to
           * * * * * * *
                  [(B) Adjustments to amounts.--The initial 
                amounts resulting from the calculation under 
                subparagraph (A) shall be adjusted to ensure 
                that each State receives an aggregate 
                apportionment equal to at least 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) Guaranteed amounts.--The initial amounts 
                resulting from the calculation under 
                subparagraph (A) shall be adjusted to ensure 
                that each State receives an aggregate 
                apportionment that is--
                          (i) equal to at least 95 percent of 
                        the estimated tax payments paid into 
                        the Highway Trust Fund (other than the 
                        Mass Transit Account) in the most 
                        recent fiscal year for which data are 
                        available that are--
                                  (I) attributable to highway 
                                users in the State; and
                                  (II) associated with taxes in 
                                effect on July 1, 2019, and 
                                only up to the rate those taxes 
                                were in effect on that date;
                          (ii) at least 2 percent greater than 
                        the apportionment that the State 
                        received for fiscal year 2020; and
                          (iii) at least 1 percent greater than 
                        the apportionment that the State 
                        received for the previous fiscal year.
          (2) State apportionment.--On October 1 of [fiscal 
        years 2016 through 2020,] fiscal year 2021 and each 
        fiscal year thereafter the Secretary shall apportion 
        the sums authorized to be appropriated for expenditure 
        on the national highway performance program under 
        section 119, the surface transportation block grant 
        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 highway freight program under 
        section 167, and to carry out section 134 in accordance 
        with paragraph (1).
           * * * * * * *
  (f) Transfer of Highway and Transit Funds.--
          (1) Transfer of highway funds for transit projects.-- 
        * * *
           * * * * * * *
          (3) Transfer of funds among States or to [Federal 
        highway administration] an operating administration of 
        the department of transportation.--
                  (A) In general.--Subject to subparagraph (B), 
                the Secretary may, at the request of a State, 
                transfer amounts apportioned or allocated under 
                this title to the State to another State, or to 
                [the Federal Highway Administration] an 
                operating administration of the Department of 
                Transportation, for the purpose of funding 1 or 
                more projects that are eligible for assistance 
                with amounts so apportioned or allocated.
           * * * * * * *
  (h) Supplemental Funds.--
          (1) Supplemental funds for national highway 
        performance program.--
                  [(A) Amount.--Before making an apportionment 
                for a fiscal year under subsection (c), the 
                Secretary shall reserve for the national 
                highway performance program under section 119 
                for that fiscal year an amount equal to--
                          [(i) $53,596,122 for fiscal year 
                        2019; and
                          [(ii) $66,717,816 for fiscal year 
                        2020.]
                  (A) Amount.--Before making an apportionment 
                for a fiscal year under subsection (c), the 
                Secretary shall reserve for the national 
                highway performance program under section 119 
                for that fiscal year an amount equal to--
                          (i) $1,160,000,000 for fiscal year 
                        2021;
                          (ii) $1,184,000,000 for fiscal year 
                        2022;
                          (iii) $1,208,000,000 for fiscal year 
                        2023;
                          (iv) $1,233,000,000 for fiscal year 
                        2024; and
                          (v) $1,259,000,000 for fiscal year 
                        2025.
           * * * * * * *
          (2) Supplemental funds for surface transportation 
        block grant program.--
                  [(A) Amount.--Before making an apportionment 
                for a fiscal year under subsection (c), the 
                Secretary shall reserve for the surface 
                transportation block grant program under 
                section 133 for that fiscal year an amount 
                equal to--
                          [(i) $835,000,000 for each of fiscal 
                        years 2016 and 2017 pursuant to section 
                        133(h), plus--
                                  [(I) $55,426,310 for fiscal 
                                year 2016; and
                                  [(II) $89,289,904 for fiscal 
                                year 2017; and
                          [(ii) $850,000,000 for each of fiscal 
                        years 2018 through 2020 pursuant to 
                        section 133(h), plus--
                                  [(I) $118,013,536 for fiscal 
                                year 2018;
                                  [(II) $130,688,367 for fiscal 
                                year 2019; and
                                  [(III) $170,053,448 for 
                                fiscal year 2020.]
                  (A) Amount.--Before making an apportionment 
                for a fiscal year under subsection (c), the 
                Secretary shall reserve for the surface 
                transportation block grant program under 
                section 133 for that fiscal year, pursuant to 
                section 133(h)--
                          (i) $1,200,000,000 for fiscal year 
                        2021;
                          (ii) $1,224,000,000 for fiscal year 
                        2022;
                          (iii) $1,248,000,000 for fiscal year 
                        2023;
                          (iv) $1,273,000,000 for fiscal year 
                        2024; and
                          (v) $1,299,000,000 for fiscal year 
                        2025.
           * * * * * * *

Sec. 106. Project approval and oversight

  (a) In General.-- * * *
           * * * * * * *
  (g) Oversight Program.--
          (1) Establishment.-- * * *
           * * * * * * *
          (3) Project delivery.--[The Secretary]
                  (A) In general.--The Secretary; shall perform 
                [annual] reviews that address elements of the 
                project delivery system of a State, which 
                elements include one or more activities that 
                are involved in the life cycle of a project 
                from conception to completion of the project.
                  (B) Frequency.--
                          (i) In general.--Except as provided 
                        in clauses (ii) and (iii), the 
                        Secretary shall carry out a review 
                        under subparagraph (A) not less 
                        frequently than once every 2 years.
                          (ii) Consultation with state.--The 
                        Secretary, after consultation with a 
                        State, may make a determination to 
                        carry out a review under subparagraph 
                        (A) for that State less frequently than 
                        provided under clause (i).
                          (iii) Cause.--If the Secretary 
                        determines that there is a specific 
                        reason to require a review more 
                        frequently than provided under clause 
                        (i) with respect to a State, the 
                        Secretary may carry out a review more 
                        frequently than provided under that 
                        clause.
           * * * * * * *
  (h) Major Projects.--
          (1) In general.-- * * *
           * * * * * * *
          (3) Financial plan.--A financial plan--
                  (A) * * *
           * * * * * * *
                  (C) may include a phasing plan that 
                identifies fundable incremental improvements or 
                phases that will address the purpose and the 
                need of the project in the short term in the 
                event there are insufficient financial 
                resources to complete the entire project. If a 
                phasing plan is adopted for a project pursuant 
                to this section, the project shall be deemed to 
                satisfy the fiscal constraint requirements in 
                the statewide and metropolitan planning 
                requirements in sections 134 and 135; [and]
                  (D) for a project in which the project 
                sponsor intends to carry out the project 
                through a public-private partnership agreement, 
                shall include a detailed value for money 
                analysis or similar comparative analysis for 
                the project; and
                  [(D)] (E) shall assess the appropriateness of 
                a public-private partnership to deliver the 
                project.
  (i) Other Projects.-- * * *
           * * * * * * *

Sec. 108. Advance acquisition of real property

  (a) In General.--
          (1) Availability of funds.-- * * *
           * * * * * * *
  (c) State-funded Early Acquisition of Real Property 
Interests.--
          (1) In general.-- * * *
           * * * * * * *
          (3) Terms and conditions.--The Federal share payable 
        of the costs described in paragraph (2) shall be 
        eligible for reimbursement out of funds apportioned to 
        a State under this title when the real property 
        interests acquired are incorporated into a project 
        eligible for surface transportation block grant program 
        funds, if the State demonstrates to the Secretary and 
        the Secretary finds that--
                  (A) * * *
           * * * * * * *
                  (F) before the time that the cost incurred by 
                a State is approved for Federal participation, 
                environmental compliance pursuant to the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) has been completed for the 
                project for which the real property interest 
                was acquired by the State, and the acquisition 
                has been approved by the Secretary under [this 
                Act] this title, and in compliance with section 
                303 of title 49, section 7 of the Endangered 
                Species Act, and all other applicable 
                environmental laws shall be identified by the 
                Secretary in regulations; and
           * * * * * * *

Sec. 109. Standards

  (a) In General.-- * * *
           * * * * * * *
  (c) Design Criteria for National Highway System.--
          (1) In general.-- * * *
           * * * * * * *
                  (A) the constructed and natural environment 
                of the area;
           * * * * * * *
          (2) Development of criteria.-- * * *
           * * * * * * *
                  (E) the publication entitled `Urban Street 
                Design Guide' of the National Association of 
                City Transportation Officials; [and]
                  (F) the publication of the Federal Highway 
                Administration entitled `Wildlife Crossing 
                Structure Handbook: Design and Evaluation in 
                North America' and dated March 2011; and
                  [(F)] (G) any other material that the 
                Secretary determines to be appropriate.
  (d) On any highway project in which Federal funds hereafter 
participate, or on any such project constructed since December 
20, 1944, the location, form and character of informational, 
regulatory and warning signs, curb and pavement or other 
markings, and traffic signals installed or placed by any public 
authority or other agency, shall be subject to the approval of 
the State transportation department with the concurrence of the 
Secretary, who is directed to concur only in such installations 
as will promote the safe and efficient utilization of the 
highways.
           * * * * * * *

Sec. 112. Letting of contracts

  (a) In all cases where the construction is to be performed by 
the State transportation department or under its supervision, a 
request for submission of bids shall be made by advertisement 
unless some other method is approved by the Secretary. The 
Secretary shall require such plans and specifications and such 
methods of bidding as shall be effective in securing 
competition.
  (b) Bidding Requirements.--
          (1) In general.--* * *
           * * * * * * *
          (2) Contracting for engineering and design 
        services.--
                  (A) General rule.--* * *
           * * * * * * *
                  [(F)(F)bparagraphs] (F) Exclusion.--
                Subparagraphs (B), (C), (D) and (E) herein 
                shall not apply to the States of West Virginia 
                or Minnesota.
           * * * * * * *

Sec. 115. Advance construction

  (a) In General.--* * *
           * * * * * * *
  (c) Inclusion in Transportation Improvement Program.--The 
Secretary may approve an application for a project under this 
section only if the project is included in the transportation 
improvement program of the State developed under [section 
135(f)] section 135(g).
           * * * * * * *

Sec. 117. Nationally significant freight and highway projects

  (a) Establishment.--
          (1) In general.--There is established a nationally 
        significant freight and highway projects program to 
        provide financial assistance for projects of national 
        or regional significance.
          (2) Goals.--The goals of the program shall be to--
                  (A) improve the safety, efficiency, and 
                reliability of the movement of freight and 
                people in and across rural and urban areas;
           * * * * * * *
                  (F) improve roadways vital to national energy 
                security, including highways that support 
                movement of energy equipment; and
           * * * * * * *
  (b) Grant Authority.--
          (1) In general.--In carrying out the program 
        established in subsection (a), the Secretary may make 
        grants, on a competitive basis, in accordance with this 
        section.
          (2) Grant amount.--* * *
           * * * * * * *
          (3) Grant administration.--The Secretary may--
                  (A) retain not more than a total of 2 percent 
                of the funds made available to carry out this 
                section for the National Surface Transportation 
                and Innovative Finance Bureau to review 
                applications for grants under this section; and
                  (B) transfer portions of the funds retained 
                under subparagraph (A) to the relevant 
                Administrators to fund the award and oversight 
                of grants provided under this section.
           * * * * * * *
  (d) Eligible Projects.--
          (1) In general.--Except as provided in subsection 
        (e), the Secretary may make a grant under this section 
        only for a project that--
                  (A) is--
                          (i).--* * *
           * * * * * * *
                          (iii) a freight project that is--
                                  (I) a freight intermodal or 
                                freight rail project; or
                                  (II) within the boundaries of 
                                a public or private freight 
                                rail, water (including ports), 
                                or intermodal facility and that 
                                is a surface transportation 
                                infrastructure project 
                                necessary to facilitate direct 
                                intermodal interchange, 
                                transfer, or access into or out 
                                of the facility; [or]
                          (iv) a railway-highway grade crossing 
                        or grade separation project; [and]
           * * * * * * *
                          (v) a wildlife crossing project;
                          (vi) a surface transportation 
                        infrastructure project that--
                                  (I) is located within the 
                                boundaries of or functionally 
                                connected to an international 
                                border crossing area in the 
                                United States;
                                  (II) improves a 
                                transportation facility owned 
                                by a Federal, State, or local 
                                government entity; and
                                  (III) increases throughput 
                                efficiency of the border 
                                crossing described in subclause 
                                (I), including--
                                          (aa) a project to add 
                                        lanes;
                                          (bb) a project to add 
                                        technology; and
                                          (cc) other surface 
                                        transportation 
                                        improvements; or
                          (vii) a project for a marine highway 
                        corridor designated by the Secretary 
                        under section 55601(c) of title 46 
                        (including an inland waterway 
                        corridor), if the Secretary determines 
                        that the project--
                                  (I) is functionally connected 
                                to the National Highway Freight 
                                Network; and
                                  (II) is likely to reduce on-
                                road mobile source emissions; 
                                and
          (2) Limitation.--
                  (A) In general.--Not more than [$500,000,000] 
                30 percent of the amounts made available for 
                grants under this section for fiscal years 
                [2016 through 2020, in the aggregate,] each of 
                fiscal years 2021 through 2025 may be used to 
                make grants for projects described in paragraph 
                (1)(A)(iii) and such a project may only receive 
                a grant under this section if--
           * * * * * * *
          (3) Critical rural state interstate projects.--
                  (A) Requirement.--Not less than $500,000,000 
                of the amounts made available for grants under 
                this section for fiscal years 2021 through 
                2025, in the aggregate, shall be used to make 
                grants for Interstate interchange projects 
                between 2 routes on the Interstate System 
                that--
                          (i) are located in a State--
                                  (I) with a population density 
                                of not more than 80 persons per 
                                square mile of land area, based 
                                on the 2010 census; and
                                  (II) that has 3 or fewer 
                                Interstate interchanges between 
                                2 routes on the Interstate 
                                System; and
                          (ii) are projects that--
                                  (I) address a freight system 
                                need identified in a State 
                                freight plan under section 
                                70202 of title 49 (referred to 
                                in this paragraph as a `State 
                                freight plan');
                                  (II) address a freight 
                                mobility issue identified in a 
                                State freight plan; or
                                  (III) are identified in a 
                                State freight plan.
                  (B) Inclusion in state freight plan.--A 
                project described in subparagraph (A)(ii)(III) 
                may include a project listed in the freight 
                investment plan required under section 
                70202(b)(9) of title 49.
                  (C) Unutilized amounts.--If, in fiscal year 
                2025, the Secretary determines that grants 
                under this paragraph will not allow for the 
                amount reserved under subparagraph (A) to be 
                fully utilized, the Secretary shall use the 
                unutilized amounts to make other grants under 
                this section during that fiscal year.
          (4) Critical urban state projects.--
                  (A) Requirement.--Not less than $500,000,000 
                of the amounts made available for grants under 
                this section for fiscal years 2021 through 
                2025, in the aggregate, shall be used to make 
                grants to eligible projects that are located in 
                a State with a population density of not less 
                than 400 persons per square mile of land area, 
                based on the 2010 census.
                  (B) Inclusion in state freight plan.--A 
                project described in subparagraph (A) may 
                include a project listed in the freight 
                investment plan required under section 
                70202(b)(9) of title 49.
                  (C) Unutilized amounts.--If, in fiscal year 
                2025, the Secretary determines that grants 
                under this paragraph will not allow for the 
                amount reserved under subparagraph (A) to be 
                fully utilized, the Secretary shall use the 
                unutilized amounts to make other grants under 
                this section during that fiscal year.
           * * * * * * *
  (e) Small Projects.--
          (1) In general.--The Secretary shall reserve [10 
        percent] not less than 15 percent of the amounts made 
        available for grants under this section each fiscal 
        year to make grants for projects described in 
        subsection (d)(1)(A) that do not satisfy the minimum 
        threshold under subsection (d)(1)(B).
          (2) Grant amount.--Each grant made under this 
        subsection shall be in an amount that is at least 
        $5,000,000.
          (3) Project selection considerations.--In addition to 
        other applicable requirements, in making grants under 
        this subsection the Secretary shall consider--
                  (A) the cost effectiveness of the proposed 
                project; [and]
                  (B) the effect of the proposed project on 
                mobility in the State and region in which the 
                project is carried out[.] ; and
                  (C) the effect of the proposed project on 
                safety on freight corridors with significant 
                hazards, such as high winds, heavy snowfall, 
                flooding, rockslides, mudslides, wildfire, 
                wildlife crossing onto the roadway, or steep 
                grades.
          (4) Requirement.--Of the amounts reserved under 
        paragraph (1), not less than 30 percent shall be used 
        for projects in rural areas (as defined in subsection 
        (i)(3)).
           * * * * * * *
  (h) Additional Considerations.--In making a grant under this 
section, the Secretary shall consider--
          (1) utilization of nontraditional financing, 
        innovative design and construction techniques, or 
        innovative technologies;
          (2) utilization of non-Federal contributions; [and]
          (3) contributions to geographic diversity among grant 
        recipients, including the need for a balance between 
        the needs of rural and urban communities[.]; and
          (4) enhancement of freight resilience to natural 
        hazards or disasters, including high winds, heavy 
        snowfall, flooding, rockslides, mudslides, wildfire, 
        wildlife crossing onto the roadway, or steep grades.
  (i) Rural Areas.--
          (1) In general.--* * *
           * * * * * * *
          (2) Excess funding.--In any fiscal year in which 
        qualified applications for grants under this subsection 
        will not allow for the amount reserved under paragraph 
        (1) to be fully utilized, the Secretary shall use the 
        unutilized amounts to make [other grants under this 
        section] grants under subsection (e).
           * * * * * * *
  [(j) Federal Share.--
          (1) In general.--The Federal share]
  (j) Federal Assistance.--
          (1) Federal share.--
                  (A) In general.--Except as provided in 
                subparagraph (B) or for a grant under 
                subsection (q), the Federal share of the cost 
                of a project assisted with a grant under this 
                section may not exceed 60 percent.
                  (B) Small projects.--In the case of a project 
                described in subsection (e)(1), the Federal 
                share of the cost of the project shall be 80 
                percent.
          (2) Maximum Federal involvement.--[Federal assistance 
        other] Except for grants under subsection (q), Federal 
        assistance other than a grant under this section may be 
        used to satisfy the non-Federal share of the cost of a 
        project for which such a grant is made, [except that 
        the total Federal] except that--
                  (A) for a State with a population density of 
                not more than 80 persons per square mile of 
                land area, based on the 2010 census, the 
                maximum share of the total Federal assistance 
                provided for a project receiving a grant under 
                this section shall be the applicable share 
                under section 120(b); and
                  (B) for a State not described in subparagraph 
                (A), the total Federal assistance provided for 
                a project receiving a grant under this section 
                may not exceed 80 percent of the total project 
                cost.
           * * * * * * *
  (k) Efficient Use of Non-federal Funds.--
          (1) In general.--Notwithstanding any other provision 
        of law and subject to approval by the Secretary under 
        paragraph (2)(B), in the case of any grant for a 
        project under this section, during the period beginning 
        on the date on which the grant recipient is selected 
        and ending on the date on which the grant agreement is 
        signed--
                  (A) the grant recipient may obligate and 
                expend non-Federal funds with respect to the 
                project for which the grant is provided; and
                  (B) any non-Federal funds obligated or 
                expended in accordance with subparagraph (A) 
                shall be credited toward the non-Federal cost 
                share for the project for which the grant is 
                provided.
          (2) Requirements.--
                  (A) Application.--In order to obligate and 
                expend non-Federal funds under paragraph (1), 
                the grant recipient shall submit to the 
                Secretary a request to obligate and expend non-
                Federal funds under that paragraph, including--
                          (i) a description of the activities 
                        the grant recipient intends to fund;
                          (ii) a justification for advancing 
                        the activities described in clause (i), 
                        including an assessment of the effects 
                        to the project scope, schedule, and 
                        budget if the request is not approved; 
                        and
                          (iii) the level of risk of the 
                        activities described in clause (i).
                  (B) Approval.--The Secretary shall approve or 
                disapprove each request submitted under 
                subparagraph (A).
                  (C) Compliance with applicable 
                requirements.--Any non-Federal funds obligated 
                or expended under paragraph (1) shall comply 
                with all applicable requirements, including any 
                requirements included in the grant agreement.
          (3) Effect.--The obligation or expenditure of any 
        non-Federal funds in accordance with this subsection 
        shall not--
                  (A) affect the signing of a grant agreement 
                or other applicable grant procedures with 
                respect to the applicable grant;
                  (B) create an obligation on the part of the 
                Federal Government to repay any non-Federal 
                funds if the grant agreement is not signed; or
                  (C) affect the ability of recipient of the 
                grant to obligate or expend non-Federal funds 
                to meet the non-Federal cost share for the 
                project for which the grant is provided after 
                the period described in paragraph (1).
  [(k)] (l) Treatment of Freight Projects.-- * * *
           * * * * * * *
  [(l)] (m) TIFIA Program.-- * * *
           * * * * * * *
  [(m)] (n) Congressional Notification.--
          (1) Notification.-- * * *
           * * * * * * *
  (o) Applicant Notification.--
          (1) In general.--Not later than 60 days after the 
        date on which a grant recipient for a project under 
        this section is selected, the Secretary shall provide 
        to each eligible applicant not selected for that grant 
        a written notification that the eligible applicant was 
        not selected.
          (2) Inclusion.--A written notification under 
        paragraph (1) shall include an offer for a written or 
        telephonic debrief by the Secretary that will provide--
                  (A) detail on the evaluation of the 
                application of the eligible applicant; and
                  (B) an explanation of and guidance on the 
                reasons the application was not selected for a 
                grant under this section.
          (3) Response.--
                  (A) In general.--Not later than 30 days after 
                the eligible applicant receives a written 
                notification under paragraph (1), if the 
                eligible applicant opts to receive a debrief 
                described in paragraph (2), the eligible 
                applicant shall notify the Secretary that the 
                eligible applicant is requesting a debrief.
                  (B) Debrief.--If the eligible applicant 
                submits a request for a debrief under 
                subparagraph (A), the Secretary shall provide 
                the debrief by not later than 60 days after the 
                date on which the Secretary receives the 
                request for a debrief.
  [(n)] (p) Reports.--
          [(1) Annual report.--The Secretary shall make 
        available on the Web site of the Department of 
        Transportation at the end of each fiscal year an annual 
        report that lists each project for which a grant has 
        been provided under this section during that fiscal 
        year.
          [(2) Comptroller General.--
                  [(A) Assessment.--The Comptroller General of 
                the United States shall conduct an assessment 
                of the administrative establishment, 
                solicitation, selection, and justification 
                process with respect to the funding of grants 
                under this section.
                  [(B) Report.--Not later than 1 year after the 
                initial awarding of grants under this section, 
                the Comptroller General shall submit to the 
                Committee on Environment and Public Works of 
                the Senate, the Committee on Commerce, Science, 
                and Transportation of the Senate, and the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives a report that 
                describes--
                          [(i) the adequacy and fairness of the 
                        process by which each project was 
                        selected, if applicable; and
                          [(ii) the justification and criteria 
                        used for the selection of each project, 
                        if applicable.]
  (p) Reports.--
          (1) Annual report.--
                  (A) In general.--Notwithstanding any other 
                provision of law, not later than 30 days after 
                the date on which the Secretary selects a 
                project for funding under this section, the 
                Secretary shall submit to the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Transportation and 
                Infrastructure of the House of Representatives 
                a report that describes the reasons for 
                selecting the project, based on any criteria 
                established by the Secretary in accordance with 
                this section.
                  (B) Inclusions.--The report submitted under 
                subparagraph (A) shall specify each criterion 
                established by the Secretary that the project 
                meets.
                  (C) Availability.--The Secretary shall make 
                available on the website of the Department of 
                Transportation the report submitted under 
                subparagraph (A).
                  (D) Applicability.--This paragraph applies to 
                all projects described in subparagraph (A) that 
                the Secretary selects on or after January 1, 
                2019.
          (2) Comptroller general.--
                  (A) Assessment.--The Comptroller General of 
                the United States shall conduct an assessment 
                of the establishment, solicitation, selection, 
                and justification process with respect to the 
                funding of projects under this section.
                  (B) Report.--Not later than 1 year after the 
                date of enactment of the America's 
                Transportation Infrastructure Act of 2019 and 
                annually thereafter, the Comptroller General of 
                the United States shall submit to the Committee 
                on Environment and Public Works of the Senate 
                and the Committee on Transportation and 
                Infrastructure of the House of Representatives 
                a report that describes, for each project 
                selected to receive funding under this 
                section--
                          (i) the process by which each project 
                        was selected;
                          (ii) the factors that went into the 
                        selection of each project; and
                          (iii) the justification for the 
                        selection of each project based on any 
                        criteria established by the Secretary 
                        in accordance with this section.
          (3) Inspector general.--Not later than 1 year after 
        the date of enactment of the America's Transportation 
        Infrastructure Act of 2019 and annually thereafter, the 
        Inspector General of the Department of Transportation 
        shall--
                  (A) conduct an assessment of the 
                establishment, solicitation, selection, and 
                justification process with respect to the 
                funding of projects under this section; and
                  (B) submit to the Committee on Environment 
                and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives a final report 
                that describes the findings of the Inspector 
                General of the Department of Transportation 
                with respect to the assessment conducted under 
                subparagraph (A).
  (q) State Incentives Pilot Program.--
          (1) Establishment.--There is established a pilot 
        program to award grants to eligible applicants for 
        projects eligible for grants under this section 
        (referred to in this subsection as the `pilot 
        program').
          (2) Priority.--In awarding grants under the pilot 
        program, the Secretary shall give priority to an 
        application that offers a greater non-Federal share of 
        the cost of a project relative to other applications 
        under the pilot program.
          (3) Federal share.--
                  (A) In general.--Notwithstanding any other 
                provision of law, the Federal share of the cost 
                of a project assisted with a grant under the 
                pilot program may not exceed 50 percent.
                  (B) No federal involvement.--
                          (i) In general.--For grants awarded 
                        under the pilot program, except as 
                        provided in clause (ii), an eligible 
                        applicant may not use Federal 
                        assistance to satisfy the non-Federal 
                        share of the cost under subparagraph 
                        (A).
                          (ii) Exception.--An eligible 
                        applicant may use funds from a secured 
                        loan (as defined in section 601(a)) to 
                        satisfy the non-Federal share of the 
                        cost under subparagraph (A) if the loan 
                        is repayable from non-Federal funds.
          (4) Reservation.--
                  (A) In general.--Of the amounts made 
                available to provide grants under this section, 
                the Secretary shall reserve for each fiscal 
                year $150,000,000 to provide grants under the 
                pilot program.
                  (B) Unutilized amounts.--In any fiscal year 
                during which applications under this subsection 
                are insufficient to effect an award or 
                allocation of the entire amount reserved under 
                subparagraph (A), the Secretary shall use the 
                unutilized amounts to provide other grants 
                under this section.
          (5) Set-asides.--
                  (A) Small projects.--
                          (i) In general.--Of the amounts 
                        reserved under paragraph (4)(A), the 
                        Secretary shall reserve for each fiscal 
                        year not less than 10 percent for 
                        projects eligible for a grant under 
                        subsection (e).
                          (ii) Requirement.--For a grant 
                        awarded from the amount reserved under 
                        clause (i)--
                                  (I) the requirements of 
                                subsection (e) shall apply; and
                                  (II) the requirements of 
                                subsection (g) shall not apply.
                  (B) Rural projects.--
                          (i) In general.--Of the amounts 
                        reserved under paragraph (4)(A), the 
                        Secretary shall reserve for each fiscal 
                        year not less than 25 percent for 
                        projects eligible for a grant under 
                        subsection (i).
                          (ii) Requirement.--For a grant 
                        awarded from the amount reserved under 
                        clause (i), the requirements of 
                        subsection (i) shall apply.
          (6) Report to congress.--Not later than 2 years after 
        the date of enactment of this subsection, the Secretary 
        shall submit to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a 
        report that describes the administration of the pilot 
        program, including--
                  (A) the number, types, and locations of 
                eligible applicants that have applied for 
                grants under the pilot program;
                  (B) the number, types, and locations of grant 
                recipients under the pilot program;
                  (C) an assessment of whether implementation 
                of the pilot program has incentivized eligible 
                applicants to offer a greater non-Federal share 
                for grants under the pilot program; and
                  (D) any recommendations for modifications to 
                the pilot program.
           * * * * * * *

Sec. 119. National highway performance program

  (a) Establishment.--The Secretary shall establish and 
implement a national highway performance program under this 
section.
  (b) Purposes.--The purposes of the national highway 
performance program shall be--
          (1) to provide support for the condition and 
        performance of the National Highway System;
          (2) to provide support for the construction of new 
        facilities on the National Highway System; [and]
           * * * * * * *
          (3) to ensure that investments of Federal-aid funds 
        in highway construction are directed to support 
        progress toward the achievement of performance targets 
        established in an asset management plan of a State for 
        the National Highway System[.] ; and
          (4) to provide support for measures to increase the 
        resiliency of Federal-aid highways and bridges on and 
        off the National Highway System to mitigate the impacts 
        of sea level rise, extreme weather events, flooding, or 
        other natural disasters.
           * * * * * * *
  (f) Interstate System and NHS Bridge Conditions.--
          (1) Condition of interstate system.-- * * *
           * * * * * * *
          (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] 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] in poor condition, as 
                determined by the Secretary.
           * * * * * * *
  (j) Critical Infrastructure.--
          (1) Critical infrastructure defined.-- * * *
           * * * * * * *
  (k) Protective Features.--
          (1) In general.--A State may use not more than 15 
        percent of the funds apportioned to the State under 
        section 104(b)(1) for each fiscal year for 1 or more 
        protective features on a Federal-aid highway or bridge 
        off the National Highway System, if the protective 
        feature is designed to mitigate the risk of recurring 
        damage, or the cost of future repairs, from extreme 
        weather events, flooding, or other natural disasters.
          (2) Protective features described.--A protective 
        feature referred to in paragraph (1) may include--
                  (A) raising roadway grades;
                  (B) relocating roadways in a base floodplain 
                to higher ground above projected flood 
                elevation levels or away from slide prone 
                areas;
                  (C) stabilizing slide areas;
                  (D) stabilizing slopes;
                  (E) installing riprap;
                  (F) lengthening or raising bridges to 
                increase waterway openings;
                  (G) deepening channels to prevent flooding;
                  (H) increasing the size or number of drainage 
                structures;
                  (I) replacing culverts with bridges or 
                upsizing culverts;
                  (J) repairing or maintaining tide gates;
                  (K) installing seismic retrofits on bridges;
                  (L) adding scour protection at bridges;
                  (M) adding scour, stream stability, coastal, 
                or other hydraulic countermeasures, including 
                spur dikes;
                  (N) the use of natural infrastructure to 
                mitigate the risk of recurring damage or the 
                cost of future repair from extreme weather 
                events, flooding, or other natural disasters; 
                and
                  (O) any other features that mitigate the risk 
                of recurring damage or the cost of future 
                repair as a result of extreme weather events, 
                flooding, or other natural disasters, as 
                determined by the Secretary.
          (3) Savings provision.--Nothing in this subsection 
        limits the ability of a State to carry out a project 
        otherwise eligible under subsection (d) using funds 
        apportioned under section 104(b)(1).
           * * * * * * *

Sec. 120. Federal share payable

  (a) Interstate System Projects.-- * * *
           * * * * * * *
  (c) Increased Federal Share.--
          (1) Certain safety projects.-- * * *
           * * * * * * *
          (4) Protective features.--
                  (A) In general.--Notwithstanding any other 
                provision of law, the Federal share payable for 
                the cost of a protective feature on a Federal-
                aid highway or bridge project under this title 
                may be up to 100 percent, at the discretion of 
                the State, if the protective feature is an 
                improvement designed to mitigate the risk of 
                recurring damage, or the cost of future repair, 
                from extreme weather events, flooding, or other 
                natural disasters.
                  (B) Protective features described.--A 
                protective feature referred to in subparagraph 
                (A) may include--
                          (i) raising roadway grades;
                          (ii) relocating roadways in a base 
                        floodplain to higher ground above 
                        projected flood elevation levels or 
                        away from slide prone areas;
                          (iii) stabilizing slide areas;
                          (iv) stabilizing slopes;
                          (v) installing riprap;
                          (vi) lengthening or raising bridges 
                        to increase waterway openings;
                          (vii) deepening channels to prevent 
                        flooding;
                          (viii) increasing the size or number 
                        of drainage structures;
                          (ix) replacing culverts with bridges 
                        or upsizing culverts;
                          (x) repairing or maintaining tide 
                        gates;
                          (xi) installing seismic retrofits on 
                        bridges;
                          (xii) adding scour protection at 
                        bridges;
                          (xiii) adding scour, stream 
                        stability, coastal, and other hydraulic 
                        countermeasures, including spur dikes;
                          (xiv) the use of natural 
                        infrastructure to mitigate the risk of 
                        recurring damage or the cost of future 
                        repair from extreme weather events, 
                        flooding, or other natural disasters; 
                        and
                          (xv) any other features that mitigate 
                        the risk of recurring damage or the 
                        cost of future repair as a result of 
                        extreme weather events, flooding, or 
                        other natural disasters, as determined 
                        by the Secretary.
           * * * * * * *

Sec. 123. Relocation of utility facilities

  (a)  * * *
           * * * * * * *

Sec. 124. Bridge investment program

  (a) Definitions.--In this section:
          (1) Eligible project.--
                  (A) In general.--The term `eligible project' 
                means a project to replace, rehabilitate, 
                preserve, or protect 1 or more bridges on the 
                National Bridge Inventory under section 144(b).
                  (B) Inclusions.--The term `eligible project' 
                includes--
                          (i) a bundle of projects described in 
                        subparagraph (A), regardless of whether 
                        the bundle of projects meets the 
                        requirements of section 144(j)(5); and
                          (ii) a project to replace or 
                        rehabilitate culverts for the purpose 
                        of improving flood control and improved 
                        habitat connectivity for aquatic 
                        species.
          (2) Large project.--The term `large project' means an 
        eligible project with total eligible project costs of 
        greater than $100,000,000.
          (3) Program.--The term `program' means the bridge 
        investment program established by subsection (b)(1).
  (b) Establishment of Bridge Investment Program.--
          (1) In general.--There is established a bridge 
        investment program to provide financial assistance for 
        eligible projects under this section.
          (2) Goals.--The goals of the program shall be--
                  (A) to improve the safety, efficiency, and 
                reliability of the movement of people and 
                freight over bridges;
                  (B) to improve the condition of bridges in 
                the United States by reducing--
                          (i) the number of bridges--
                                  (I) in poor condition; or
                                  (II) in fair condition and at 
                                risk of falling into poor 
                                condition within the next 3 
                                years;
                          (ii) the total person miles traveled 
                        over bridges--
                                  (I) in poor condition; or
                                  (II) in fair condition and at 
                                risk of falling into poor 
                                condition within the next 3 
                                years;
                          (iii) the number of bridges that--
                                  (I) do not meet current 
                                geometric design standards; or
                                  (II) cannot meet the load and 
                                traffic requirements typical of 
                                the regional transportation 
                                network; and
                          (iv) the total person miles traveled 
                        over bridges that--
                                  (I) do not meet current 
                                geometric design standards; or
                                  (II) cannot meet the load and 
                                traffic requirements typical of 
                                the regional transportation 
                                network; and
                  (C) to provide financial assistance that 
                leverages and encourages non-Federal 
                contributions from sponsors and stakeholders 
                involved in the planning, design, and 
                construction of eligible projects.
  (c) Grant Authority.--
          (1) In general.--In carrying out the program, the 
        Secretary may award grants, on a competitive basis, in 
        accordance with this section.
          (2) Grant amounts.--Except as otherwise provided, a 
        grant under the program shall be--
                  (A) in the case of a large project, in an 
                amount that is--
                          (i) adequate to fully fund the 
                        project (in combination with other 
                        financial resources identified in the 
                        application); and
                          (ii) not less than $50,000,000; and
                  (B) in the case of any other eligible 
                project, in an amount that is--
                          (i) adequate to fully fund the 
                        project (in combination with other 
                        financial resources identified in the 
                        application); and
                          (ii) not less than $2,500,000.
          (3) Maximum amount.--Except as otherwise provided, 
        for an eligible project receiving assistance under the 
        program, the amount of assistance provided by the 
        Secretary under this section, as a share of eligible 
        project costs, shall be--
                  (A) in the case of a large project, not more 
                than 50 percent; and
                  (B) in the case of any other eligible 
                project, not more than 80 percent.
          (4) Federal share.--
                  (A) Maximum federal involvement.--Federal 
                assistance other than a grant under the program 
                may be used to satisfy the non-Federal share of 
                the cost of a project for which a grant is 
                made, except that the total Federal assistance 
                provided for a project receiving a grant under 
                the program may not exceed the Federal share 
                for the project under section 120.
                  (B) Off-system bridges.--In the case of an 
                eligible project for an off-system bridge (as 
                defined in section 133(f)(1))--
                          (i) Federal assistance other than a 
                        grant under the program may be used to 
                        satisfy the non-Federal share of the 
                        cost of a project; and
                          (ii) notwithstanding subparagraph 
                        (A), the total Federal assistance 
                        provided for the project shall not 
                        exceed 90 percent of the total eligible 
                        project costs.
                  (C) Federal land management agencies and 
                tribal governments.--Notwithstanding any other 
                provision of law, Federal funds other than 
                Federal funds made available under this section 
                may be used to pay the remaining share of the 
                cost of a project under the program by a 
                Federal land management agency or a Tribal 
                government or consortium of Tribal governments.
          (5) Considerations.--
                  (A) In general.--In awarding grants under the 
                program, the Secretary shall consider--
                          (i) in the case of a large project, 
                        the ratings assigned under subsection 
                        (g)(5)(A);
                          (ii) in the case of an eligible 
                        project other than a large project, the 
                        quality rating assigned under 
                        subsection (f)(3)(A)(ii);
                          (iii) the average daily person and 
                        freight throughput supported by the 
                        eligible project;
                          (iv) the number and percentage of 
                        bridges within the same State as the 
                        eligible project that are in poor 
                        condition;
                          (v) the extent to which the eligible 
                        project demonstrates cost savings by 
                        bundling multiple bridge projects;
                          (vi) in the case of an eligible 
                        project of a Federal land management 
                        agency, the extent to which the grant 
                        would reduce a Federal liability or 
                        Federal infrastructure maintenance 
                        backlog;
                          (vii) geographic diversity among 
                        grant recipients, including the need 
                        for a balance between the needs of 
                        rural and urban communities; and
                          (viii) the extent to which a bridge 
                        that would be assisted with a grant--
                                  (I) is, without that 
                                assistance--
                                          (aa) at risk of 
                                        falling into or 
                                        remaining in poor 
                                        condition; or
                                          (bb) in fair 
                                        condition and at risk 
                                        of falling into poor 
                                        condition within the 
                                        next 3 years;
                                  (II) does not meet current 
                                geometric design standards 
                                based on--
                                          (aa) the current use 
                                        of the bridge; or
                                          (bb) load and traffic 
                                        requirements typical of 
                                        the regional corridor 
                                        or local network in 
                                        which the bridge is 
                                        located; or
                                  (III) does not meet current 
                                seismic design standards.
                  (B) Requirement.--The Secretary shall--
                          (i) give priority to an application 
                        for an eligible project that is located 
                        within a State for which--
                                  (I) 2 or more applications 
                                for eligible projects within 
                                the State were submitted for 
                                the current fiscal year and an 
                                average of 2 or more 
                                applications for eligible 
                                projects within the State were 
                                submitted in prior fiscal years 
                                of the program; and
                                  (II) fewer than 2 grants have 
                                been awarded for eligible 
                                projects within the State under 
                                the program;
                          (ii) during the period of fiscal 
                        years 2021 through 2025, for each State 
                        described in clause (i), select--
                                  (I) not fewer than 1 large 
                                project that the Secretary 
                                determines is justified under 
                                the evaluation under subsection 
                                (g)(4); or
                                  (II) 2 eligible projects that 
                                are not large projects that the 
                                Secretary determines are 
                                justified under the evaluation 
                                under subsection (f)(3); and
                          (iii) not be required to award a 
                        grant for an eligible project that the 
                        Secretary does not determine is 
                        justified under an evaluation under 
                        subsection (f)(3) or (g)(4).
          (6) Culvert limitation.--Not more than 5 percent of 
        the amounts made available for each fiscal year for 
        grants under the program may be used for eligible 
        projects that consist solely of culvert replacement or 
        rehabilitation.
  (d) Eligible Entity.--The Secretary may make a grant under 
the program to any of the following:
          (1) A State or a group of States.
          (2) A metropolitan planning organization that serves 
        an urbanized area (as designated by the Bureau of the 
        Census) with a population of over 200,000.
          (3) A unit of local government or a group of local 
        governments.
          (4) A political subdivision of a State or local 
        government.
          (5) A special purpose district or public authority 
        with a transportation function.
          (6) A Federal land management agency.
          (7) A Tribal government or a consortium of Tribal 
        governments.
          (8) A multistate or multijurisdictional group of 
        entities described in paragraphs (1) through (7).
  (e) Eligible Project Requirements.--The Secretary may make a 
grant under the program only to an eligible entity for an 
eligible project that--
          (1) in the case of a large project, the Secretary 
        recommends for funding in the annual report on funding 
        recommendations under subsection (g)(6);
          (2) is reasonably expected to begin construction not 
        later than 18 months after the date on which funds are 
        obligated for the project; and
          (3) is based on the results of preliminary 
        engineering.
  (f) Competitive Process and Evaluation of Eligible Projects 
Other Than Large Projects.--
          (1) Competitive process.--
                  (A) In general.--The Secretary shall--
                          (i) for the first fiscal year for 
                        which funds are made available for 
                        obligation under the program, not later 
                        than 60 days after the date on which 
                        the template under subparagraph (B)(i) 
                        is developed, and in subsequent fiscal 
                        years, not later than 60 days after the 
                        date on which amounts are made 
                        available for obligation under the 
                        program, solicit grant applications for 
                        eligible projects other than large 
                        projects; and
                          (ii) not later than 120 days after 
                        the date on which the solicitation 
                        under clause (i) expires, conduct 
                        evaluations under paragraph (3).
                  (B) Requirements.--In carrying out 
                subparagraph (A), the Secretary shall--
                          (i) develop a template for applicants 
                        to use to summarize project needs and 
                        benefits, including benefits described 
                        in paragraph (3)(B)(i); and
                          (ii) enable applicants to use data 
                        from the National Bridge Inventory 
                        under section 144(b) to populate 
                        templates described in clause (i), as 
                        applicable.
          (2) Applications.--An eligible entity shall submit to 
        the Secretary an application at such time, in such 
        manner, and containing such information as the 
        Secretary may require.
          (3) Evaluation.--
                  (A) In general.--Prior to providing a grant 
                under this subsection, the Secretary shall--
                          (i) conduct an evaluation of each 
                        eligible project for which an 
                        application is received under this 
                        subsection; and
                          (ii) assign a quality rating to the 
                        eligible project on the basis of the 
                        evaluation under clause (i).
                  (B) Requirements.--In carrying out an 
                evaluation under subparagraph (A), the 
                Secretary shall--
                          (i) consider information on project 
                        benefits submitted by the applicant 
                        using the template developed under 
                        paragraph (1)(B)(i), including whether 
                        the project will generate, as 
                        determined by the Secretary--
                                  (I) costs avoided by the 
                                prevention of closure or 
                                reduced use of the bridge to be 
                                improved by the project;
                                  (II) in the case of a bundle 
                                of projects, benefits from 
                                executing the projects as a 
                                bundle compared to as 
                                individual projects;
                                  (III) safety benefits, 
                                including the reduction of 
                                accidents and related costs;
                                  (IV) person and freight 
                                mobility benefits, including 
                                congestion reduction and 
                                reliability improvements;
                                  (V) national or regional 
                                economic benefits;
                                  (VI) benefits from long-term 
                                resiliency to extreme weather 
                                events, flooding, or other 
                                natural disasters;
                                  (VII) benefits from 
                                protection (as described in 
                                section 133(b)(10)), including 
                                improving seismic or scour 
                                protection;
                                  (VIII) environmental 
                                benefits, including wildlife 
                                connectivity;
                                  (IX) benefits to nonvehicular 
                                and public transportation 
                                users;
                                  (X) benefits of using--
                                          (aa) innovative 
                                        design and construction 
                                        techniques; or
                                          (bb) innovative 
                                        technologies; or
                                  (XI) reductions in 
                                maintenance costs, including, 
                                in the case of a federally-
                                owned bridge, cost savings to 
                                the Federal budget; and
                          (ii) consider whether and the extent 
                        to which the benefits, including the 
                        benefits described in clause (i), are 
                        more likely than not to outweigh the 
                        total project costs.
  (g) Competitive Process, Evaluation, and Annual Report for 
Large Projects.--
          (1) In general.--The Secretary shall establish an 
        annual date by which an eligible entity submitting an 
        application for a large project shall submit to the 
        Secretary such information as the Secretary may 
        require, including information described in paragraph 
        (2), in order for a large project to be considered for 
        a recommendation by the Secretary for funding in the 
        next annual report under paragraph (6).
          (2) Information required.--The information referred 
        to in paragraph (1) includes--
                  (A) all necessary information required for 
                the Secretary to evaluate the large project; 
                and
                  (B) information sufficient for the Secretary 
                to determine that--
                          (i) the large project meets the 
                        applicable requirements under this 
                        section; and
                          (ii) there is a reasonable likelihood 
                        that the large project will continue to 
                        meet the requirements under this 
                        section.
          (3) Determination; notice.--On making a determination 
        that information submitted to the Secretary under 
        paragraph (1) is sufficient, the Secretary shall 
        provide a written notice of that determination to--
                  (A) the eligible entity that submitted the 
                application;
                  (B) the Committee on Environment and Public 
                Works of the Senate; and
                  (C) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
          (4) Evaluation.--The Secretary may recommend a large 
        project for funding in the annual report under 
        paragraph (6) only if the Secretary evaluates the 
        proposed project and determines that the project is 
        justified because the project--
                  (A) addresses a need to improve the condition 
                of the bridge, as determined by the Secretary, 
                consistent with the goals of the program under 
                subsection (b)(2);
                  (B) will generate, as determined by the 
                Secretary--
                          (i) costs avoided by the prevention 
                        of closure or reduced use of the bridge 
                        to be improved by the project;
                          (ii) in the case of a bundle of 
                        projects, benefits from executing the 
                        projects as a bundle compared to as 
                        individual projects;
                          (iii) safety benefits, including the 
                        reduction of accidents and related 
                        costs;
                          (iv) person and freight mobility 
                        benefits, including congestion 
                        reduction and reliability improvements;
                          (v) national or regional economic 
                        benefits;
                          (vi) benefits from long-term 
                        resiliency to extreme weather events, 
                        flooding, or other natural disasters;
                          (vii) benefits from protection (as 
                        described in section 133(b)(10)), 
                        including improving seismic or scour 
                        protection;
                          (viii) environmental benefits, 
                        including wildlife connectivity;
                          (ix) benefits to nonvehicular and 
                        public transportation users;
                          (x) benefits of using--
                                  (I) innovative design and 
                                construction techniques; or
                                  (II) innovative technologies; 
                                or
                          (xi) reductions in maintenance costs, 
                        including, in the case of a federally-
                        owned bridge, cost savings to the 
                        Federal budget;
                  ``(C) is cost effective based on an analysis 
                of whether the benefits and avoided costs 
                described in subparagraph (B) are expected to 
                outweigh the project costs;
                  (D) is supported by other Federal or non-
                Federal financial commitments or revenues 
                adequate to fund ongoing maintenance and 
                preservation; and
                  (E) is consistent with the objectives of an 
                applicable asset management plan of the project 
                sponsor, including a State asset management 
                plan under section 119(e) in the case of a 
                project on the National Highway System that is 
                sponsored by a State.
          (5) Ratings.--
                  (A) In general.--The Secretary shall develop 
                a methodology to evaluate and rate a large 
                project on a 5-point scale (the points of which 
                include `high', `medium-high', `medium', 
                `medium-low', and `low') for each of--
                          (i) paragraph (4)(B);
                          (ii) paragraph (4)(C); and
                          (iii) paragraph (4)(D).
                  (B) Requirement.--To be considered justified 
                and receive a recommendation for funding in the 
                annual report under paragraph (6), a project 
                shall receive a rating of not less than 
                `medium' for each rating required under 
                subparagraph (A).
          (6) Annual report on funding recommendations for 
        large projects.--
                  (A) In general.--Not later than the first 
                Monday in February of each year, the Secretary 
                shall submit to the Committees on 
                Transportation and Infrastructure and 
                Appropriations of the House of Representatives 
                and the Committees on Environment and Public 
                Works and Appropriations of the Senate a report 
                that includes--
                          (i) a list of large projects that 
                        have requested a recommendation for 
                        funding under a new grant agreement 
                        from funds anticipated to be available 
                        to carry out this subsection in the 
                        next fiscal year;
                          (ii) the evaluation under paragraph 
                        (4) and ratings under paragraph (5) for 
                        each project referred to in clause (i);
                          (iii) the grant amounts that the 
                        Secretary recommends providing to large 
                        projects in the next fiscal year, 
                        including--
                                  (I) scheduled payments under 
                                previously signed multiyear 
                                grant agreements under 
                                subsection (j);
                                  (II) payments for new grant 
                                agreements, including single-
                                year grant agreements and 
                                multiyear grant agreements; and
                                  (III) a description of how 
                                amounts anticipated to be 
                                available for the program from 
                                the Highway Trust Fund for that 
                                fiscal year will be 
                                distributed; and
                          (iv) for each project for which the 
                        Secretary recommends a new multiyear 
                        grant agreement under subsection (j), 
                        the proposed payout schedule for the 
                        project.
                  (B) Limitations.--
                          (i) In general.--The Secretary shall 
                        not recommend in an annual report under 
                        this paragraph a new multiyear grant 
                        agreement provided from funds from the 
                        Highway Trust Fund unless the Secretary 
                        determines that the project can be 
                        completed using funds that are 
                        anticipated to be available from the 
                        Highway Trust Fund in future fiscal 
                        years.
                          (ii) General fund projects.--The 
                        Secretary--
                                  (I) may recommend for funding 
                                in an annual report under this 
                                paragraph a large project using 
                                funds from the general fund of 
                                the Treasury; but
                                  (II) shall not execute a 
                                grant agreement for that 
                                project unless--
                                          (aa) funds other than 
                                        from the Highway Trust 
                                        Fund have been made 
                                        available for the 
                                        project; and
                                          (bb) the Secretary 
                                        determines that the 
                                        project can be 
                                        completed using funds 
                                        other than from the 
                                        Highway Trust Fund that 
                                        are anticipated to be 
                                        available in future 
                                        fiscal years.
                  (C) Considerations.--In selecting projects to 
                recommend for funding in the annual report 
                under this paragraph, the Secretary shall--
                          (i) consider the amount of funds 
                        available in future fiscal years for 
                        multiyear grant agreements as described 
                        in subparagraph (B); and
                          (ii) assume the availability of funds 
                        in future fiscal years for multiyear 
                        grant agreements that extend beyond the 
                        period of authorization based on the 
                        amount made available for large 
                        projects under the program in the last 
                        fiscal year of the period of 
                        authorization.
                  (D) Project diversity.--In selecting projects 
                to recommend for funding in the annual report 
                under this paragraph, the Secretary shall 
                ensure diversity among projects recommended 
                based on--
                          (i) the amount of the grant 
                        requested; and
                          (ii) grants for an eligible project 
                        for 1 bridge compared to an eligible 
                        project that is a bundle of projects.
  (h) Eligible Project Costs.--A grant received for an eligible 
project under the program may be used for--
          (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, 
        environmental review, preliminary engineering and 
        design work, and other preconstruction activities;
          (2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to 
        the project and improvements to the land), 
        environmental mitigation, construction contingencies, 
        acquisition of equipment, and operational improvements 
        directly related to improving system performance; and
          (3) expenses related to the protection (as described 
        in section 133(b)(10)) of a bridge, including seismic 
        or scour protection.
  (i) TIFIA Program.--On the request of an eligible entity 
carrying out an eligible project, the Secretary may use amounts 
awarded to the entity to pay subsidy and administrative costs 
necessary to provide to the entity Federal credit assistance 
under chapter 6 with respect to the eligible project for which 
the grant was awarded.
  (j) Multiyear Grant Agreements for Large Projects.--
          (1) In general.--A large project that receives a 
        grant under the program in an amount of not less than 
        $100,000,000 may be carried out through a multiyear 
        grant agreement in accordance with this subsection.
          (2) Requirements.--A multiyear grant agreement for a 
        large project described in paragraph (1) shall--
                  (A) establish the terms of participation by 
                the Federal Government in the project;
                  (B) establish the maximum amount of Federal 
                financial assistance for the project in 
                accordance with paragraphs (3) and (4) of 
                subsection (c);
                  (C) establish a payout schedule for the 
                project that provides for disbursement of the 
                full grant amount by not later than 4 fiscal 
                years after the fiscal year in which the 
                initial amount is provided;
                  (D) determine the period of time for 
                completing the project, even if that period 
                extends beyond the period of an authorization; 
                and
                  (E) attempt to improve timely and efficient 
                management of the project, consistent with all 
                applicable Federal laws (including 
                regulations).
          (3) Special financial rules.--
                  (A) In general.--A multiyear grant agreement 
                under this subsection--
                          (i) shall obligate an amount of 
                        available budget authority specified in 
                        law; and
                          (ii) may include a commitment, 
                        contingent on amounts to be specified 
                        in law in advance for commitments under 
                        this paragraph, to obligate an 
                        additional amount from future available 
                        budget authority specified in law.
                  (B) Statement of contingent commitment.--The 
                agreement shall state that the contingent 
                commitment is not an obligation of the Federal 
                Government.
                  (C) Interest and other financing costs.--
                          (i) In general.--Interest and other 
                        financing costs of carrying out a part 
                        of the project within a reasonable time 
                        shall be considered a cost of carrying 
                        out the project under a multiyear grant 
                        agreement, except that eligible costs 
                        may not be more than the cost of the 
                        most favorable financing terms 
                        reasonably available for the project at 
                        the time of borrowing.
                          (ii) Certification.--The applicant 
                        shall certify to the Secretary that the 
                        applicant has shown reasonable 
                        diligence in seeking the most favorable 
                        financing terms.
          (4) Advance payment.--Notwithstanding any other 
        provision of law, an eligible entity carrying out a 
        large project under a multiyear grant agreement--
                  (A) may use funds made available to the 
                eligible entity under this title for eligible 
                project costs of the large project until the 
                amount specified in the multiyear grant 
                agreement for the project for that fiscal year 
                becomes available for obligation; and
                  (B) if the eligible entity uses funds as 
                described in subparagraph (A), the funds used 
                shall be reimbursed from the amount made 
                available under the multiyear grant agreement 
                for the project.
  (k) Undertaking Parts of Projects in Advance Under Letters of 
No Prejudice.--
          (1) In general.--The Secretary may pay to an 
        applicant all eligible project costs under the program, 
        including costs for an activity for an eligible project 
        incurred prior to the date on which the project 
        receives funding under the program if--
                  (A) before the applicant carries out the 
                activity, the Secretary approves through a 
                letter to the applicant the activity in the 
                same manner as the Secretary approves other 
                activities as eligible under the program;
                  (B) a record of decision, a finding of no 
                significant impact, or a categorical exclusion 
                under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) has been issued 
                for the eligible project; and
                  (C) the activity is carried out without 
                Federal assistance and in accordance with all 
                applicable procedures and requirements.
          (2) Interest and other financing costs.--
                  (A) In general.--For purposes of paragraph 
                (1), the cost of carrying out an activity for 
                an eligible project includes the amount of 
                interest and other financing costs, including 
                any interest earned and payable on bonds, to 
                the extent interest and other financing costs 
                are expended in carrying out the activity for 
                the eligible project, except that interest and 
                other financing costs may not be more than the 
                cost of the most favorable financing terms 
                reasonably available for the eligible project 
                at the time of borrowing.
                  (B) Certification.--The applicant shall 
                certify to the Secretary that the applicant has 
                shown reasonable diligence in seeking the most 
                favorable financing terms under subparagraph 
                (A).
          (3) No obligation or influence on recommendations.--
        An approval by the Secretary under paragraph (1)(A) 
        shall not--
                  (A) constitute an obligation of the Federal 
                Government; or
                  (B) alter or influence any evaluation under 
                subsection (f)(3)(A)(i) or (g)(4) or any 
                recommendation by the Secretary for funding 
                under the program.
  (l) Federally-owned Bridges.--
          (1) Divestiture consideration.--In the case of a 
        bridge owned by a Federal land management agency for 
        which that agency applies for a grant under the 
        program, the agency--
                  (A) shall consider options to divest the 
                bridge to a State or local entity after 
                completion of the project; and
                  (B) may apply jointly with the State or local 
                entity to which the bridge may be divested.
          (2) Treatment.--Notwithstanding any other provision 
        of law, section 129 shall apply to a bridge that was 
        previously owned by a Federal land management agency 
        and has been transferred to a non-Federal entity under 
        paragraph (1) in the same manner as if the bridge was 
        never federally owned.
  (m) Congressional Notification.--Not later than 30 days 
before making a grant for an eligible project under the 
program, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate a written notification of the proposed 
grant that includes--
          (1) an evaluation and justification for the eligible 
        project; and
          (2) the amount of the proposed grant.
  (n) Reports.--
          (1) Annual report.--Not later than August 1 of each 
        fiscal year, the Secretary shall make available on the 
        website of the Department of Transportation an annual 
        report that lists each eligible project for which a 
        grant has been provided under the program during the 
        fiscal year.
          (2) GAO assessment and report.--Not later than 3 
        years after the date of enactment of the America's 
        Transportation Infrastructure Act of 2019, the 
        Comptroller General of the United States shall--
                  (A) conduct an assessment of the 
                administrative establishment, solicitation, 
                selection, and justification process with 
                respect to the funding of grants under the 
                program; and
                  (B) submit to the Committee on Transportation 
                and Infrastructure of the House of 
                Representatives and the Committee on 
                Environment and Public Works of the Senate a 
                report that describes--
                          (i) the adequacy and fairness of the 
                        process under which each eligible 
                        project that received a grant under the 
                        program was selected; and
                          (ii) the justification and criteria 
                        used for the selection of each eligible 
                        project.
  (o) Limitation.--
          (1) Large projects.--Of the amounts made available 
        out of the Highway Trust Fund (other than the Mass 
        Transit Account) to carry out this section for each of 
        fiscal years 2021 through 2025, not less than 50 
        percent, in aggregate, shall be used for large 
        projects.
          (2) Unutilized amounts.--If, in fiscal year 2025, the 
        Secretary determines that grants under the program will 
        not allow for the requirement under paragraph (1) to be 
        met, the Secretary shall use the unutilized amounts to 
        make other grants under the program during that fiscal 
        year.
  (p) Tribal Transportation Facility Bridge Set Aside.--
          (1) In general.--Of the amounts made available from 
        the Highway Trust Fund (other than the Mass Transit 
        Account) for a fiscal year to carry out this section, 
        the Secretary shall use, to carry out section 202(d)--
                  (A) $16,000,000 for fiscal year 2021;
                  (B) $18,000,000 for fiscal year 2022;
                  (C) $20,000,000 for fiscal year 2023;
                  (D) $22,000,000 for fiscal year 2024; and
                  (E) $24,000,000 for fiscal year 2025.
          (2) Treatment.--For purposes of section 201, funds 
        made available for section 202(d) under paragraph (1) 
        shall be considered to be part of the tribal 
        transportation program.
           * * * * * * *

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, 
        wildfire, sea level rise, 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).]
  (b) Restriction on Eligibility.--Funds under this section 
shall not be used for the repair or reconstruction of a bridge 
that has been permanently closed to all vehicular traffic by 
the Federal, State, Tribal, or responsible local official 
because of imminent danger of collapse due to a structural 
deficiency or physical deterioration.
           * * * * * * *
  (d) Eligibility.--
          (1) In general.-- * * *
           * * * * * * *
          (2) Cost limitation.--
                  (A) Definition of comparable facility.--In 
                this paragraph, the term ``comparable 
                facility'' means [a facility that meets the 
                current] a facility that--
                          (i) meets the current geometric and 
                        construction standards required for the 
                        types and volume of traffic that the 
                        facility will carry over its design 
                        life[.] ; and
                          (ii) incorporates economically 
                        justifiable improvements designed to 
                        mitigate the risk of recurring damage 
                        from extreme weather events, flooding, 
                        or other natural disasters.
          (3) Protective features.--
                  (A) In general.--The cost of an improvement 
                that is part of a project under this section 
                shall be an eligible expense under this section 
                if the improvement is a protective feature that 
                is designed to mitigate the risk of recurring 
                damage, or the cost of future repair, from 
                extreme weather events, flooding, or other 
                natural disasters.
                  (B) Protective features described.--A 
                protective feature referred to in subparagraph 
                (A) may include--
                          (i) raising roadway grades;
                          (ii) relocating roadways in a base 
                        floodplain to higher ground above 
                        projected flood elevation levels or 
                        away from slide prone areas;
                          (iii) stabilizing slide areas;
                          (iv) stabilizing slopes;
                          (v) installing riprap;
                          (vi) lengthening or raising bridges 
                        to increase waterway openings;
                          (vii) deepening channels to prevent 
                        flooding;
                          (viii) increasing the size or number 
                        of drainage structures;
                          (ix) replacing culverts with bridges 
                        or upsizing culverts;
                          (x) repairing or maintaining tide 
                        gates;
                          (xi) installing seismic retrofits on 
                        bridges;
                          (xii) adding scour protection at 
                        bridges;
                          (xiii) adding scour, stream 
                        stability, coastal, and other hydraulic 
                        countermeasures, including spur dikes;
                          (xiv) the use of natural 
                        infrastructure to mitigate the risk of 
                        recurring damage or the cost of future 
                        repair from extreme weather events, 
                        flooding, or other natural disasters; 
                        and
                          (xv) any other features that mitigate 
                        the risk of recurring damage or the 
                        cost of future repair as a result of 
                        extreme weather events, flooding, or 
                        other natural disasters, as determined 
                        by the Secretary.
          [(3)] (4) 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.);
                  (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)).
          [(4)] (5) Territories.--The total obligations for 
        projects under this section for any fiscal year in the 
        Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands shall not 
        exceed $20,000,000.
          [(5)] (6) Substitute traffic.--Notwithstanding any 
        other provision of this section, actual and necessary 
        costs of maintenance and operation of ferryboats or 
        additional transit service providing temporary 
        substitute highway traffic service, less the amount of 
        fares charged for comparable service, may be expended 
        from the emergency fund authorized by this section for 
        Federal-aid highways.
           * * * * * * *

Sec. 127. Vehicle weight limitations-Interstate System

  (a) In General.--
          (1) * * *
           * * * * * * *
  (l) Operation of Vehicles on Certain Kentucky Highways.--
          (1) In general.-- * * *
           * * * * * * *
          (3) Additional highway segments.-
                  (A) In general.-If any segment of highway 
                described in [clause (i) or (ii)] clauses (i) 
                through (iv) of this subparagraph is designated 
                as a route of the Interstate System, a vehicle 
                that could operate legally on that segment 
                before the date of such designation may 
                continue to operate on that segment, without 
                regard to any requirement under subsection (a), 
                except that such vehicle shall not exceed a 
                gross vehicle weight of 120,000 pounds. The 
                highway segments referred to in this paragraph 
                are as follows:
                          (i) The William H. Natcher Parkway 
                        (to be designated as a spur of 
                        Interstate Route 65) from Interstate 
                        Route 65 in Bowling Green, Kentucky, to 
                        United States Route 60 in Owensboro, 
                        Kentucky.
                          (ii) The Julian M. Carroll (Purchase) 
                        Parkway (to be designated as Interstate 
                        Route 69) in Kentucky from the 
                        Tennessee state line to the interchange 
                        with Interstate Route 24, near Calvert 
                        City.
                          (iii) The Wendell H. Ford (Western 
                        Kentucky) Parkway (to be designated as 
                        a spur of Interstate Route 69) from the 
                        interchange with the William H. Natcher 
                        Parkway in Ohio County, Kentucky, west 
                        to the interchange of the Western 
                        Kentucky Parkway with the Edward T. 
                        Breathitt (Pennyrile) Parkway.
                          (iv) The Edward T. Breathitt Parkway 
                        (to be designated as a spur of 
                        Interstate Route 69) from Interstate 24 
                        to Interstate 69.
  (v) Operation of Vehicles on Certain North Carolina 
Highways.--If any segment in the State of North Carolina of 
United States Route 17, United States Route 29, United States 
Route 52, United States Route 64, United States Route 70, 
United States Route 74, United States Route 117, United States 
Route 220, United States Route 264, or United States Route 421 
is designated as a route on the Interstate System, a vehicle 
that could operate legally on that segment before the date of 
such designation may continue to operate on that segment, 
without regard to any requirement under subsection (a).
           * * * * * * *

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

  (a) Basic Program.--
          (1) Authorization for Federal participation.-- * * *
           * * * * * * *
          (3) Limitations on use of revenues.--
                  (A) In general.--* * *
           * * * * * * *
                  (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 ,together with 
                        the results of the audit under 
                        paragraph (9)(C), to the Secretary.
           * * * * * * *
          (9) Equal access for over-the-road buses.--[An over-
        the-road]
                  (A) In general.--An over-the-road bus that 
                serves the public shall be provided access to a 
                toll facility under the same rates, terms, and 
                conditions as [public transportation buses] 
                public transportation vehicles.
                  (B) Reports.--
                          (i) In general.--Not later than 90 
                        days after the date of enactment of 
                        this subparagraph, a public authority 
                        that operates a toll facility shall 
                        report to the Secretary any rates, 
                        terms, or conditions for access to the 
                        toll facility by public transportation 
                        vehicles that differ from the rates, 
                        terms, or conditions applicable to 
                        over-the-road buses.
                          (ii) Updates.--A public authority 
                        that operates a toll facility shall 
                        report to the Secretary any change to 
                        the rates, terms, or conditions for 
                        access to the toll facility by public 
                        transportation vehicles that differ 
                        from the rates, terms, or conditions 
                        applicable to over-the-road buses by 
                        not later than 30 days after the date 
                        on which the change takes effect.
                          (iii) Publication.--The Secretary 
                        shall publish information reported to 
                        the Secretary under clauses (i) and 
                        (ii) on a publicly accessible internet 
                        website.
                  (C) Annual audit.--
                          (i) In general.--A public authority 
                        (as defined in section 101(a)) with 
                        jurisdiction over a toll facility 
                        shall--
                                  (I) conduct or have an 
                                independent auditor conduct an 
                                annual audit of toll facility 
                                records to verify compliance 
                                with this paragraph; and
                                  (II) report the results of 
                                the audit, together with the 
                                results of the audit under 
                                paragraph (3)(B), to the 
                                Secretary.
                          (ii) Records.--After providing 
                        reasonable notice, a public authority 
                        described in clause (i) shall make all 
                        records of the public authority 
                        pertaining to the toll facility 
                        available for audit by the Secretary.
                          (iii) Noncompliance.--If the 
                        Secretary determines that a public 
                        authority described in clause (i) has 
                        not complied with this paragraph, the 
                        Secretary may require the public 
                        authority to discontinue collecting 
                        tolls until an agreement with the 
                        Secretary is reached to achieve 
                        compliance.
          (10) High occupancy vehicle use of certain toll 
        facilities.--Notwithstanding section 102(a), in the 
        case of a toll facility that is on the Interstate 
        System and that is constructed or converted after the 
        date of enactment of the America's Transportation 
        Infrastructure Act of 2019, the public authority with 
        jurisdiction over the toll facility shall allow high 
        occupancy vehicles, transit, and paratransit vehicles 
        to use the facility at a discount rate or without 
        charge, unless the public authority, in consultation 
        with the Secretary, determines that the number of those 
        vehicles using the facility reduces the travel time 
        reliability of the facility.
          [(10)] (11) Definitions.--In this subsection, the 
        following definitions apply:
           * * * * * * *
  (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,] the construction of ferry boats and 
ferry terminal facilities (including ferry maintenance 
facilities), whether toll or free, and the procurement of 
transit vehicles used exclusively as an integral part of an 
intermodal ferry trip, subject to the following conditions:
           * * * * * * *
  (d) Congestion Relief Program.--
          (1) Definitions.--In this subsection:
                  (A) Eligible entity.--The term `eligible 
                entity' means--
                          (i) a State, for the purpose of 
                        carrying out a project in an urbanized 
                        area with a population of more than 
                        1,000,000; and
                          (ii) a metropolitan planning 
                        organization, city, or municipality, 
                        for the purpose of carrying out a 
                        project in an urbanized area with a 
                        population of more than 1,000,000.
                  (B) Integrated congestion management 
                system.--The term `integrated congestion 
                management system' means a system for the 
                integration of management and operations of a 
                regional transportation system that includes, 
                at a minimum, traffic incident management, work 
                zone management, traffic signal timing, managed 
                lanes, real-time traveler information, and 
                active traffic management, in order to maximize 
                the capacity of all facilities and modes across 
                the applicable region.
                  (C) Program.--The term `program' means the 
                congestion relief program established under 
                paragraph (2).
          (2) Establishment.--The Secretary shall establish a 
        congestion relief program to provide discretionary 
        grants to eligible entities to advance innovative, 
        integrated, and multimodal solutions to congestion 
        relief in the most congested metropolitan areas of the 
        United States.
          (3) Program goals.--The goals of the program are to 
        reduce highway congestion, reduce economic and 
        environmental costs associated with that congestion, 
        including transportation emissions, and optimize 
        existing highway capacity and usage of highway and 
        transit systems through--
                  (A) improving intermodal integration with 
                highways, highway operations, and highway 
                performance;
                  (B) reducing or shifting highway users to 
                off-peak travel times or to nonhighway travel 
                modes during peak travel times; and
                  (C) pricing of, or based on, as applicable--
                          (i) parking;
                          (ii) use of roadways, including in 
                        designated geographic zones; or
                          (iii) congestion.
          (4) Eligible projects.--Funds from a grant under the 
        program may be used for a project or an integrated 
        collection of projects, including planning, design, 
        implementation, and construction activities, to achieve 
        the program goals under paragraph (3), including--
                  (A) deployment and operation of an integrated 
                congestion management system;
                  (B) deployment and operation of a system that 
                implements or enforces high occupancy vehicle 
                toll lanes, cordon pricing, parking pricing, or 
                congestion pricing;
                  (C) deployment and operation of mobility 
                services, including establishing account-based 
                financial systems, commuter buses, commuter 
                vans, express operations, paratransit, and on-
                demand microtransit; and
                  (D) incentive programs that encourage 
                travelers to carpool, use nonhighway travel 
                modes during peak period, or travel during 
                nonpeak periods.
          (5) Application; selection.--
                  (A) Application.--To be eligible to receive a 
                grant under the program, an eligible entity 
                shall submit to the Secretary an application at 
                such time, in such manner, and containing such 
                information as the Secretary may require.
                  (B) Priority.--In providing grants under the 
                program, the Secretary shall give priority to 
                projects in urbanized areas that are 
                experiencing a high degree of recurrent 
                congestion.
                  (C) Federal share.--The Federal share of the 
                cost of a project carried out with a grant 
                under the program shall not exceed 80 percent 
                of the total project cost.
                  (D) Minimum award.--A grant provided under 
                the program shall be not less than $10,000,000.
          (6) Use of tolling.--
                  (A) In general.--Notwithstanding subsection 
                (a)(1) and section 301 and subject to 
                subparagraphs (B) and (C), the Secretary shall 
                allow the use of tolls on the Interstate System 
                as part of a project carried out with a grant 
                under the program.
                  (B) Requirements.--The Secretary may only 
                approve the use of tolls under subparagraph (A) 
                if--
                          (i) the eligible entity has authority 
                        under State, and if applicable, local, 
                        law to assess the applicable toll;
                          (ii) the maximum toll rate for any 
                        vehicle class is not greater than the 
                        product obtained by multiplying--
                                  (I) the toll rate for any 
                                other vehicle class; and
                                  (II) 5;
                          (iii) the toll rates are not charged 
                        or varied on the basis of State 
                        residency;
                          (iv) the Secretary determines that 
                        the use of tolls will enable the 
                        eligible entity to achieve the program 
                        goals under paragraph (3) without a 
                        significant impact to safety or 
                        mobility within the urbanized area in 
                        which the project is located; and
                          (v) the use of toll revenues complies 
                        with subsection (a)(3).
                  (C) Limitation.--The Secretary may not 
                approve the use of tolls on the Interstate 
                System under the program in more than 10 
                urbanized areas.
          (7) Financial effects on low-income drivers.--A 
        project under the program--
                  (A) shall include, if appropriate, an 
                analysis of the potential effects of the 
                project on low-income drivers; and
                  (B) may include mitigation measures to deal 
                with any potential adverse financial effects on 
                low-income drivers.

Sec. 130. Railway-highway crossings

  (a) * * *
           * * * * * * *
  (e) Funds for [Protective Devices]Railway-Highway Grade 
Crossings.--
          (1) In general.--
                  (A) Set aside.--Before making an 
                apportionment under section 104(b)(3) for a 
                fiscal year, the Secretary shall set aside, 
                from amounts made available to carry out the 
                highway safety improvement program under 
                section 148 for such fiscal year, for the 
                elimination of hazards and the installation of 
                protective devices at railway-highway 
                [crossings at least--
                          [(i) $225,000,000 for fiscal year 
                        2016;
                          [(ii) $230,000,000 for fiscal year 
                        2017;
                          [(iii) $235,000,000 for fiscal year 
                        2018;
                          [(iv) $240,000,000 for fiscal year 
                        2019; and
                          [(v) $245,000,000 for fiscal year 
                        2020.] crossings and as described in 
                        subparagraph (B), not less than 
                        $245,000,000 for each of fiscal years 
                        2021 through 2025.
                  [(B) Installation of protective devices.--At 
                least \1/2\ of the funds set aside each fiscal 
                year under subparagraph (A) shall be available 
                for the installation of protective devices at 
                railway-highway crossings.]
                  (B) Reducing trespassing fatalities and 
                injuries.--A State may use funds set aside 
                under subparagraph (A) for projects to reduce 
                pedestrian fatalities and injuries from 
                trespassing at grade crossings.
           * * * * * * *
  (f) Apportionment.--
          (1) Formula.-- * * *
           * * * * * * *
          (3) Federal share.--The Federal share payable on 
        account of any project financed with funds set aside to 
        carry out this section shall be [90 percent] 100 
        percent of the cost thereof.
  (g) Annual Report.--Each State shall report to the Secretary 
not later than December 30 of each year on the progress being 
made to implement the railway-highway crossings program 
authorized by this section and the effectiveness of such 
improvements. Each State report shall contain an assessment of 
the costs of the various treatments employed and subsequent 
accident experience at improved locations. The Secretary shall 
submit a report to the Committee on Environment and Public 
Works and the Committee on Commerce, Science, [and 
Transportation,] and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives, not later than April 1, 2006, and every 2 
years [thereafter,,] thereafter, on the progress being made by 
the State in implementing projects to improve railway-highway 
crossings. The report shall include, but not be limited to, the 
number of projects undertaken, their distribution by cost 
range, road system, nature of treatment, and subsequent 
accident experience at improved locations. In addition, the 
Secretary's report shall analyze and evaluate each State 
program, identify any State found not to be in compliance with 
the schedule of improvements required by subsection (d) and 
include recommendations for future implementation of the 
[railroad highway] railway-highwaypara.ossings program.
           * * * * * * *

Sec. 133. Surface transportation block grant program

  (a) Establishment.-- * * *
           * * * * * * *
  (b) Eligible Projects.--Funds apportioned to a State under 
section 104(b)(2) for the surface transportation block grant 
program may be obligated for the following:
          (1) Construction of--
                  (A) highways, bridges, tunnels, including 
                designated routes of the Appalachian 
                development highway system and local access 
                roads under section 14501 of title 40;
                  (B) ferry boats and terminal [facilities 
                eligible] `facilities--
                          (i) that are eligible for funding 
                        under section 129(c); or
                          (ii) that are privately or majority-
                        privately owned, but that the Secretary 
                        determines provide a substantial public 
                        transportation benefit or otherwise 
                        meet the foremost needs of the surface 
                        transportation system described in 
                        section 101(b)(3)(D);
           * * * * * * *
                  (E) truck parking facilities eligible for 
                funding under section 1401 of MAP-21 (23 U.S.C. 
                137 note); [and]
                  (F) border infrastructure projects eligible 
                for funding under section 1303 of SAFETEA-LU 
                (23 U.S.C. 101 note)[.] ; and
                  (G) wildlife crossing structures.
           * * * * * * *
          (3) Environmental measures eligible under sections 
        119(g), 148(a)(4)(B)(xvii), 328, and 329 and 
        transportation control measures listed in section 
        108(f)(1)(A) (other than clause (xvi) of that section) 
        of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
          (4) Projects that use natural infrastructure alone or 
        in combination with other eligible projects to enhance 
        resilience of a transportation facility otherwise 
        eligible for assistance under this section.
          [(4)] (5) Highway and transit safety infrastructure 
        improvements and programs, including railway-highway 
        grade crossings.
          [(5)] (6) Fringe and corridor parking facilities and 
        programs in accordance with section 137 and carpool 
        projects in accordance with section 146.
          [(6)] (7) Recreational trails projects eligible for 
        funding under section 206, pedestrian and bicycle 
        projects in accordance with section 217 (including 
        modifications to comply with accessibility requirements 
        under the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.)), and the safe routes to school 
        program under section 1404 of SAFETEA-LU (23 U.S.C. 402 
        note).
          [(7)] (8) Planning, design, or construction of 
        boulevards and other roadways largely in the right-of-
        way of former Interstate System routes or other divided 
        highways.
          [(8)] (9) Development and implementation of a State 
        asset management plan for the National Highway System 
        and a performance-based management program for other 
        public roads.
          [(9)] (10) Protection (including painting, scour 
        countermeasures, seismic retrofits, impact protection 
        measures, security countermeasures, and protection 
        against extreme events) for bridges (including 
        approaches to bridges and other elevated structures) 
        and tunnels on public roads, and inspection and 
        evaluation of bridges and tunnels and other highway 
        assets.
          [(10)] (11) Surface transportation planning programs, 
        highway and transit research and development and 
        technology transfer programs, and workforce 
        development, training, and education under chapter 5 of 
        this title.
          [(11)] (12) Surface transportation infrastructure 
        modifications to facilitate direct intermodal 
        interchange, transfer, and access into and out of a 
        port terminal.
          [(12)] (13) Projects and strategies designed to 
        support congestion pricing, including electronic toll 
        collection and travel demand management strategies and 
        programs.
          (14) Projects and strategies designed to reduce the 
        number of wildlife-vehicle collisions, including 
        project-related planning, design, construction, 
        monitoring, and preventative maintenance.
          [(13)] (15) At the request of a State, and upon 
        Secretarial approval of credit assistance under chapter 
        6, subsidy and administrative costs necessary to 
        provide an eligible entity Federal credit assistance 
        under chapter 6 with respect to a project eligible for 
        assistance under this section.
          [(14)] (16) The creation and operation by a State of 
        an office to assist in the design, implementation, and 
        oversight, including conducting value for money 
        analyses or similar comparative analyses, of public-
        private partnerships eligible to receive funding under 
        this title and chapter 53 of title 49, and the payment 
        of a stipend to unsuccessful private bidders to offset 
        their proposal development costs, if necessary to 
        encourage robust competition in public-private 
        partnership procurements.
          [(15)] (17) Any type of project eligible under this 
        section as in effect on the day before the date of 
        enactment of the FAST Act, including projects described 
        under section 101(a)(29) as in effect on such day.
          (18) Rural barge landing, dock, and waterfront 
        infrastructure projects in accordance with subsection 
        (j).
  (c) Location of Projects.--A surface transportation block 
grant project may not be undertaken on a road functionally 
classified as a local road or a rural minor collector unless 
the road was on a Federal-aid highway system on January 1, 
1991, except--
          (1) for a bridge or tunnel project (other than the 
        construction of a new bridge or tunnel at a new 
        location);
          (2) for a project described in [paragraphs (4) 
        through (11)] paragraphs (5) through (12) and paragraph 
        (18) of subsection (b);
          (3) for a project described in section 101(a)(29), as 
        in effect on the day before the date of enactment of 
        the FAST Act; [and]
          (4) for a bridge project for the replacement of a low 
        water crossing (as defined by the Secretary) with a 
        bridge; and
          [(4)] (5) 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) (after the reservation of funds 
        under subsection (h))--
                  (A) [the percentage specified in paragraph 
                (6) for a fiscal year] 55 percent for each of 
                fiscal years 2021 through 2025 shall be 
                obligated under this section, in proportion to 
                their relative shares of the population of the 
                State--
           * * * * * * *
          [(6) Percentage.--The percentage referred to in 
        paragraph (1)(A) is--
                  [(A) for fiscal year 2016, 51 percent;
                  [(B) for fiscal year 2017, 52 percent;
                  [(C) for fiscal year 2018, 53 percent;
                  [(D) for fiscal year 2019, 54 percent; and
                  [(E) for fiscal year 2020, 55 percent.]
  (e) 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)(2) shall 
        make available during the period of [fiscal years 2016 
        through 2020] fiscal years 2021 through 2025 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--
           * * * * * * *
  (f) Bridges Not on Federal-aid Highways.--
          (1) Definition of off-system bridge.--In this 
        subsection, the term ``off-system bridge'' means a 
        highway bridge or low water crossing (as defined by the 
        Secretary) located on a public road, other than a 
        bridge or low water crossing (as defined by the 
        Secretary) on a Federal-aid highway.
          (2) Special rule.--
                  (A) Set-aside.--Of the amounts apportioned to 
                a State for fiscal year 2013 and each fiscal 
                year thereafter under this section, the State 
                shall obligate for [activities described in 
                subsection (b)(2) for off-system bridges] 
                activities described in paragraphs (1)(A) and 
                (10) of subsection (b) for off-system bridges, 
                projects and activities described in subsection 
                (b)(1)(A) for the replacement of low water 
                crossings with bridges, and projects and 
                activities described in subsection (b)(10) for 
                low water crossings (as defined by the 
                Secretary), 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.
           * * * * * * *
          (3) Credit for bridges not on Federal-aid highways.--
        Notwithstanding any other provision of law, with 
        respect to any project not on a Federal-aid highway for 
        the replacement of a [bridge or rehabilitation of a 
        bridge] bridge, rehabilitation of a bridge, or 
        replacement of a low water crossing (as defined by the 
        Secretary) with 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 or, in 
        the case of a replacement of a low water crossing with 
        a bridge, is determined by the Secretary on completion 
        to have improved the safety of the location--
           * * * * * * *
  (g) 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)(ii) for each of 
        [fiscal years 2016 through 2020] fiscal years 2021 
        through 2025 may be obligated on roads functionally 
        classified as minor collectors.
           * * * * * * *
  (h) STP Set-Aside.--
          (1) Reservation of funds.--Of the funds apportioned 
        to a State under section 104(b)(2) for each fiscal 
        year, the Secretary shall reserve an amount such that--
                  (A) the Secretary reserves a total under this 
                subsection of--
                          [(i) $835,000,000 for each of fiscal 
                        years 2016 and 2017; and
                          [(ii) $850,000,000 for each of fiscal 
                        years 2018 through 2020; and]
                          (i) $1,200,000,000 for fiscal year 
                        2021;
                          (ii) $1,224,000,000 for fiscal year 
                        2022;
                          (iii) $1,248,000,000 for fiscal year 
                        2023;
                          (iv) $1,273,000,000 for fiscal year 
                        2024; and
                          (v) $1,299,000,000 for fiscal year 
                        2025; and
           * * * * * * *
          [(2) Allocation within a State.--Funds reserved for a 
        State under paragraph (1) shall be obligated within 
        that State in the manner described in subsection (d), 
        except that, for purposes of this paragraph (after 
        funds are made available under paragraph (5))--
                  [(A) for each fiscal year, the percentage 
                referred to in paragraph (1)(A) of that 
                subsection shall be deemed to be 50 percent; 
                and
                  [(B) the following provisions shall not 
                apply:
                          [(i) Paragraph (3) of subsection (d).
                          [(ii) Subsection (e).]
          (2) Allocation within a state.--
                  (A) In general.--Except as provided in 
                subparagraph (B), funds reserved for a State 
                under paragraph (1) shall be obligated within 
                that State in the manner described in 
                subsection (d), except that, for purposes of 
                this paragraph (after funds are made available 
                under paragraph (5))--
                          (i) for each fiscal year, the 
                        percentage specified in subsection 
                        (d)(1)(A) shall be deemed to be 57.5 
                        percent; and
                          (ii) paragraph (3) of that subsection 
                        shall not apply.
                  (B) Local control.--
                          (i) In general.--On approval of a 
                        plan submitted to the Secretary that 
                        describes the manner in which the plan 
                        will maximize local control and the 
                        means by which the State plans to 
                        comply with paragraph (8), the State 
                        may allocate up to 100 percent of the 
                        funds referred to in subparagraph 
                        (A)(i) to counties and other local 
                        transportation entities.
                          (ii) Requirement.--A State that 
                        allocates funding under clause (i) to 
                        counties and other local transportation 
                        entities shall make available an 
                        equivalent amount of obligation 
                        limitation to those counties and other 
                        local transportation entities.
           * * * * * * *
          (4) Access to funds.--
                  (A) In general.--A State or metropolitan 
                planning organization required to obligate 
                funds in accordance with paragraph (2) shall 
                develop a competitive process to allow eligible 
                entities to submit projects for funding that 
                achieve the objectives of this subsection. A 
                metropolitan planning organization for an area 
                described in subsection (d)(1)(A)(i) shall 
                select projects under such process in 
                consultation with the relevant State.
                  (B) Eligible entity defined.--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;
                          (vii) a metropolitan planning 
                        organization that serves an urbanized 
                        population of 200,000 or fewer;
                          [(vii)] (viii) a nonprofit entity 
                        [responsible for the administration of 
                        local transportation safety programs[; 
                        and
                          [(viii)] (ix) any other local or 
                        regional governmental entity with 
                        responsibility for or oversight of 
                        transportation or recreational trails 
                        (other than a metropolitan planning 
                        organization that serves an urbanized 
                        population of over 200,000 or a State 
                        agency) that the State determines to be 
                        eligible, consistent with the goals of 
                        this subsection.
           * * * * * * *
          (6) State flexibility.--
                  (A) Recreational trails.-- * * *
           * * * * * * *
                  (C) Improving accessibility and efficiency.--
                          (i) In general.--A State may elect to 
                        use an amount equal to not more than 7 
                        percent of the funds reserved for the 
                        State under this subsection, after 
                        allocating funds in accordance with 
                        paragraph (2)(A), to improve the 
                        ability of applicants to access funding 
                        for projects under this subsection in 
                        an efficient and expeditious manner 
                        by--
                                  (I) providing to applicants 
                                for projects under this 
                                subsection application 
                                assistance, technical 
                                assistance, and assistance in 
                                reducing the period of time 
                                between the selection of the 
                                project and the obligation of 
                                funds for the project; and
                                  (II) providing funding for 1 
                                or more full-time State 
                                employee positions to 
                                administer this subsection.
                          (ii) Use of funds.--Amounts used 
                        under clause (i) may be expended--
                                  (I) directly by the State; or
                                  (II) through contracts with 
                                State agencies, private 
                                entities, or nonprofit 
                                entities.
          (7) Federal share.--
                  (A) Required aggregate non-federal share.--
                          (i) In general.--The average annual 
                        non-Federal share of the total cost of 
                        all projects carried out under this 
                        subsection in a State for a fiscal year 
                        shall be not less than the non-Federal 
                        share authorized for the State under 
                        section 120(b).
                          (ii) Single projects.--Subject to 
                        clause (i), the Federal share of the 
                        total cost of a single project carried 
                        out under this subsection may be up to 
                        100 percent.
                  (B) Flexible financing.--Subject to 
                subparagraph (A), notwithstanding section 120--
                          (i) funds made available to carry out 
                        section 148 may be credited toward the 
                        non-Federal share of the costs of a 
                        project type under this subsection that 
                        the Secretary determines to have an 
                        expected safety benefit; and
                          (ii) the non-Federal share for a 
                        project under this subsection may be 
                        calculated on a project, multiple-
                        project, or program basis.
          [(7)] (8) Annual reports.--
                  (A) In general.-- * * *
           * * * * * * *
  (j) Rural Barge Landing, Dock, and Waterfront Infrastructure 
Projects.--
          (1) In general.--A State may use not more than 5 
        percent of the funds apportioned to the State under 
        section 104(b)(2) for eligible rural barge landing, 
        dock, and waterfront infrastructure projects described 
        in paragraph (2).
          (2) Eligible projects.--An eligible rural barge 
        landing, dock, or waterfront infrastructure project 
        referred to in paragraph (1) is a project for the 
        planning, designing, engineering, or construction of a 
        barge landing, dock, or other waterfront infrastructure 
        in a rural community or a Native village (as defined in 
        section 3 of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1602))--
                  (A) that is off the road system; and
                  (B) for which the Secretary determines there 
                is a lack of adequate infrastructure.
           * * * * * * *

Sec. 134. Metropolitan transportation planning

  (a) Policy.--It is in the national interest--
          (1) * * *
           * * * * * * *
  (d) Designation of Metropolitan Planning Organizations.--
          (1) In general.-- * * *
           * * * * * * *
          (3) Representation.--
                  (A) In general.-- * * *
           * * * * * * *
                  (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).
                  (D) Considerations.--In designating officials 
                or representatives under paragraph (2) for the 
                first time, subject to the bylaws or enabling 
                statute of the metropolitan planning 
                organization, the metropolitan planning 
                organization shall consider the equitable and 
                proportional representation of the population 
                of the metropolitan planning area.
           * * * * * * *
          (7) Designation of more than 1 metropolitan planning 
        organization.--More than 1 metropolitan planning 
        organization may be designated within [an existing 
        metropolitan planning area] an urbanized area (as 
        defined by the Bureau of the Census) only if the 
        Governor and the existing metropolitan planning 
        organization determine that the size and complexity of 
        [the existing metropolitan planning area] the area make 
        designation of more than 1 metropolitan planning 
        organization for the area appropriate.
           * * * * * * *
  (g) MPO Consultation in Plan and TIP Coordination.--
          (1) Nonattainment areas.--If more than 1 metropolitan 
        planning organization has authority within [a 
        metropolitan area] an urbanized area (as defined by the 
        Bureau of the Census) 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.
          (3) Relationship with other planning officials.--
                  (A) In general.-- * * *
           * * * * * * *
          (4) Coordination between MPOs.--If more than 1 
        metropolitan planning organization is designated within 
        an urbanized area (as defined by the Bureau of the 
        Census) under subsection (d)(7), the metropolitan 
        planning organizations designated within the area shall 
        ensure, to the maximum extent practicable, the 
        consistency of any data used in the planning process, 
        including information used in forecasting travel 
        demand.
          (5) Savings clause.--Nothing in this subsection 
        requires metropolitan planning organizations designated 
        within a single urbanized area to jointly develop 
        planning documents, including a unified long-range 
        transportation plan or unified TIP.
           * * * * * * *
  (i) Development of Transportation Plan.--
          (1) Requirements.-- * * *
           * * * * * * *
          (6) Participation by interested parties.--
                  (A) In general.-- * * *
           * * * * * * *
                  (C) Methods.-- * * *
           * * * * * * *
                  (D) Use of technology.--A metropolitan 
                planning organization may use social media and 
                other web-based tools--
                          (i) to further encourage public 
                        participation; and
                          (ii) to solicit public feedback 
                        during the transportation planning 
                        process.
           * * * * * * *

Sec. 135. Statewide and nonmetropolitan transportation planning

  (a) General Requirements.-- * * *
           * * * * * * *
  (f) Long-range Statewide Transportation Plan.--
          (1) Development.-- * * *
           * * * * * * *
          (3) Participation by interested parties.--
                  (A) In general.-- * * *
           * * * * * * *
                  (B) Methods.-- * * *
           * * * * * * *
                  (C) Use of technology.--A State may use 
                social media and other web-based tools--
                          (i) to further encourage public 
                        participation; and
                          (ii) to solicit public feedback 
                        during the transportation planning 
                        process.
           * * * * * * *
  (g) Statewide Transportation Improvement Program.--
          (1) Development.--
                  (A) In general.-- * * *
           * * * * * * *
          (3) Participation by interested parties.--In 
        developing the program, the State shall provide 
        citizens, affected public agencies, representatives of 
        public transportation employees, public ports, freight 
        shippers, private providers of transportation 
        (including intercity bus [operators),,] 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.-- * * *
           * * * * * * *
                  (B) Other projects.--Projects carried out in 
                areas with populations of less than 50,000 
                individuals on the National Highway System or 
                under the bridge program or the Interstate 
                maintenance program under this title or under 
                sections [5310, 5311, 5316, and 5317] 5310 and 
                5311 of title 49 shall be selected, from the 
                approved statewide transportation improvement 
                program, by the State in consultation with the 
                affected nonmetropolitan local officials with 
                responsibility for transportation.
           * * * * * * *

Sec. 139. Efficient environmental reviews for project [decisionmaking] 
                    decisionmaking and One Federal Decision

  (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) Authorization.--The term `authorization' means 
        any environmental license, permit, approval, finding, 
        or other administrative decision related to the 
        environmental review process that is required under 
        Federal law to site, construct, or reconstruct a 
        project.
          (3) Environmental document.--The term `environmental 
        document' includes an environmental assessment, finding 
        of no significant impact, notice of intent, 
        environmental impact statement, or record of decision 
        under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
          [(2)] (4) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed 
        statement of environmental impacts required to be 
        prepared under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
          [(3)] (5) Environmental review process.--
                  (A) In general.--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.).
                  (B) Inclusions.--The term ``environmental 
                review process'' includes the [process for and 
                completion of any environmental permit] process 
                and schedule, including a timetable for and 
                completion of any environmental permit, 
                approval, review, or study required for a 
                project under any Federal law other than the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
          [(4)] (6) Lead agency.--The term ``lead agency'' 
        means the Department of Transportation and, if 
        applicable, any State or local governmental entity 
        serving as a joint lead agency pursuant to this 
        section.
          (7) Major project.--
                  (A) In general.--The term `major project' 
                means a project for which--
                          (i) multiple permits, approvals, 
                        reviews, or studies are required under 
                        a Federal law other than the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.);
                          (ii) the project sponsor has 
                        identified the reasonable availability 
                        of funds sufficient to complete the 
                        project;
                          (iii) the project is not a covered 
                        project (as defined in section 41001 of 
                        the FAST Act (42 U.S.C. 4370m)); and
                          (iv)(I) the head of the lead agency 
                        has determined that an environmental 
                        impact statement is required; or
                          (II) the head of the lead agency has 
                        determined that an environmental 
                        assessment is required, and the project 
                        sponsor requests that the project be 
                        treated as a major project.
                  (B) Clarification.--In this section, the term 
                `major project' does not have the same meaning 
                as the term `major project' as described in 
                section 106(h).
          [(5)] (8) Multimodal project.--The term ``multimodal 
        project'' means a project that requires the approval of 
        more than 1 Department of Transportation operating 
        administration or secretarial office.
          [(6)] (9) 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 of Transportation.
                  (B) Considerations.--In determining whether a 
                project is a project under subparagraph (A), 
                the Secretary shall take into account, if 
                known, any sources of Federal funding or 
                financing identified by the project sponsor, 
                including any discretionary grant, loan, and 
                loan guarantee programs administered by the 
                Department of Transportation.
          [(7)] (10) Project sponsor.--The term ``project 
        sponsor'' means the agency or other entity, including 
        any private or public-private entity, that seeks 
        approval of the Secretary for a project.
          [(8)] (11) State transportation department.--The term 
        ``State transportation department'' means any statewide 
        agency of a State with responsibility for one or more 
        modes of transportation.
  (b) Applicability.--
          (1) In general.--The project development procedures 
        in this section are applicable to all projects, 
        including major projects, for which an environmental 
        impact statement is prepared under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) and may be applied, as requested by a project 
        sponsor and to the extent determined appropriate by the 
        Secretary, to other projects for which an environmental 
        document is prepared pursuant to such Act.
           * * * * * * *
  (c) Lead Agencies.--
          (1) Federal lead agency.--
                  (A) In general.--The Department of 
                Transportation, or an operating administration 
                thereof designated by the Secretary, shall be 
                the Federal lead agency in the environmental 
                review process for a 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 (42 U.S.C. 4321 et 
        seq.).
          (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 (42 U.S.C. 4321 et 
        seq.) 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.
           * * * * * * *
          (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;
                  (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 (42 
                U.S.C. 4321 et seq.) 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 
                those agencies[.] ; and
                  (D) to calculate annually the average time 
                taken by the lead agency to complete all 
                environmental documents for each project during 
                the previous fiscal year
          (7) Process improvements for projects.--
                  (A) In general.--The Secretary shall review--
                          (i) existing practices, procedures, 
                        rules, regulations, and applicable laws 
                        to identify impediments to meeting the 
                        requirements applicable to projects 
                        under this section; and
                          (ii) best practices, programmatic 
                        agreements, and potential changes to 
                        internal departmental procedures that 
                        would facilitate an efficient 
                        environmental review process for 
                        projects.
                  (B) Consultation.--In conducting the review 
                under subparagraph (A), the Secretary shall 
                consult, as appropriate, with the heads of 
                other Federal agencies that participate in the 
                environmental review process.
                  (C) Report.--Not later than 2 years after the 
                date of enactment of the America's 
                Transportation Infrastructure Act of 2019, the 
                Secretary shall submit to the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Transportation and 
                Infrastructure of the House of Representatives 
                a report that includes--
                          (i) the results of the review under 
                        subparagraph (A); and
                          (ii) an analysis of whether 
                        additional funding would help the 
                        Secretary meet the requirements 
                        applicable to projects under this 
                        section.
  (d) Participating Agencies.--
          (1) In general.-- * * *
           * * * * * * *
          (8) Single [NEPA] environmental document.--
                  (A) In general.--Except as inconsistent with 
                paragraph (7) and except as provided in 
                subparagraph (D), to the maximum extent 
                practicable and consistent with Federal law, 
                all Federal [permits] authorizations and 
                reviews for a project shall rely on a [single 
                environment document] single environmental 
                document for each kind of environmental 
                document prepared under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) under the leadership of the lead 
                agency.
                  (B) Use of document.--
                          (i) In general.--To the maximum 
                        extent practicable, the lead agency 
                        shall develop [an environmental 
                        document] environmental documents 
                        sufficient to satisfy the requirements 
                        for any Federal approval or other 
                        Federal action required for the 
                        project, including [permits issued] 
                        authorizations by other Federal 
                        agencies.
           * * * * * * *
                  (D) Exceptions.--The lead agency may waive 
                the application of subparagraph (A) with 
                respect to a project if--
                          (i) the project sponsor requests that 
                        agencies issue separate environmental 
                        documents;
                          (ii) the obligations of a cooperating 
                        agency or participating agency under 
                        the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.) have 
                        already been satisfied with respect to 
                        the project; or
                          (iii) the lead agency determines that 
                        reliance on a single environmental 
                        document (as described in subparagraph 
                        (A)) would not facilitate timely 
                        completion of the environmental review 
                        process for the project.
           * * * * * * *
          (10) Timely authorizations for major projects.--
                  (A) Deadline.--Except as provided in 
                subparagraph (C), all authorization decisions 
                necessary for the construction of a major 
                project shall be completed by not later than 90 
                days after the date of the issuance of a record 
                of decision for the major project.
                  (B) Detail.--The final environmental impact 
                statement for a major project shall include an 
                adequate level of detail to inform decisions 
                necessary for the role of the participating 
                agencies in the environmental review process.
                  (C) Extension of deadline.--The head of the 
                lead agency may extend the deadline under 
                subparagraph (A) if--
                          (i) Federal law prohibits the lead 
                        agency or another agency from issuing 
                        an approval or permit within the period 
                        described in that subparagraph;
                          (ii) the project sponsor requests 
                        that the permit or approval follow a 
                        different timeline; or
                          (iii) an extension would facilitate 
                        completion of the environmental review 
                        and authorization process of the major 
                        project.
           * * * * * * *
  (g) Coordination and Scheduling.--
          (1) Coordination plan.--
                  (A) In general.-- * * *
           * * * * * * *
                  (B) Schedule.--
                          (i) In general.-- * * *
           * * * * * * *
                          (ii) Factors for consideration.-- * * 
                        *
           * * * * * * *
                                  (IV) the overall [schedule 
                                for and cost of] time required 
                                by an agency to conduct an 
                                environmental review and make 
                                decisions under applicable 
                                Federal law relating to a 
                                project (including the issuance 
                                or denial of a permit or 
                                license) and the cost of the 
                                project; and
                          (iii) Major project schedule.--To the 
                        maximum extent practicable and 
                        consistent with applicable Federal law, 
                        in the case of a major project, the 
                        lead agency shall develop, in 
                        concurrence with the project sponsor, a 
                        schedule for the major project that is 
                        consistent with an agency average of 
                        not more than 2 years for the 
                        completion of the environmental review 
                        process for major projects, as measured 
                        from, as applicable--
                                  (I) the date of publication 
                                of a notice of intent to 
                                prepare an environmental impact 
                                statement to the record of 
                                decision; or
                                  (II) the date on which the 
                                head of the lead agency 
                                determines that an 
                                environmental assessment is 
                                required to a finding of no 
                                significant impact.
           * * * * * * *
                  [(D) Modification.--The lead agency may--
                          [(i) lengthen a schedule established 
                        under subparagraph (B) for good cause; 
                        and
                          [(ii) shorten a schedule only with 
                        the concurrence of the affected 
                        cooperating agencies.]
                  (D) Modification.--
                          (i) In general.--Except as provided 
                        in clause (ii), the lead agency may 
                        lengthen or shorten a schedule 
                        established under subparagraph (B) for 
                        good cause.
                          (ii) Exceptions.--
                                  (I) Major projects.--In the 
                                case of a major project, the 
                                lead agency may lengthen a 
                                schedule under clause (i) for a 
                                cooperating Federal agency by 
                                not more than 1 year after the 
                                latest deadline established for 
                                the major project by the lead 
                                agency.
                                  (II) Shortened schedules.--
                                The lead agency may not shorten 
                                a schedule under clause (i) if 
                                doing so would impair the 
                                ability of a cooperating 
                                Federal agency to conduct 
                                necessary analyses or otherwise 
                                carry out relevant obligations 
                                of the Federal agency for the 
                                project.
                  (E) Failure to meet deadline.--If a 
                cooperating Federal agency fails to meet a 
                deadline established under subparagraph 
                (D)(ii)(I)--
                          (i) the cooperating Federal agency 
                        shall submit to the Secretary a report 
                        that describes the reasons why the 
                        deadline was not met; and
                          (ii) the Secretary shall--
                                  (I) transmit to the Committee 
                                on Environment and Public Works 
                                of the Senate and the Committee 
                                on Transportation and 
                                Infrastructure of the House of 
                                Representatives a copy of the 
                                report under clause (i); and
                                  (II) make the report under 
                                clause (i) publicly available 
                                on the internet.
                  [(E)] (F) Dissemination.--A copy of a 
                schedule under subparagraph (B), and of any 
                modifications to the schedule, shall be--
           * * * * * * *
  (k) Judicial Review and Savings Clause.--
          (1) Judicial review.-- * * *
           * * * * * * *
          (2) Savings clause.--Nothing in this section shall be 
        construed as superseding, amending, or modifying the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) or any other Federal environmental 
        statute or affect the responsibility of any Federal 
        officer to comply with or enforce any such statute.
           * * * * * * *
  (p) Accountability and Reporting for Major Projects.--
          (1) In general.--The Secretary shall establish a 
        performance accountability system to track each major 
        project.
          (2) Requirements.--The performance accountability 
        system under paragraph (1) shall, for each major 
        project, track, at a minimum--
                  (A) the environmental review process for the 
                major project, including the project schedule;
                  (B) whether the lead agency, cooperating 
                agencies, and participating agencies are 
                meeting the schedule established for the 
                environmental review process; and
                  (C) the time taken to complete the 
                environmental review process.
  (q) Development of Categorical Exclusions.--
          (1) In general.--Not later than 60 days after the 
        date of enactment of this subsection, the Secretary 
        shall--
                  (A) in consultation with the agencies 
                described in paragraph (2), identify the 
                categorical exclusions described in section 
                771.117 of title 23, Code of Federal 
                Regulations (or successor regulations), that 
                would accelerate delivery of a project if those 
                categorical exclusions were available to those 
                agencies;
                  (B) collect existing documentation and 
                substantiating information on the categorical 
                exclusions described in subparagraph (A); and
                  (C) provide to each agency described in 
                paragraph (2) a list of the categorical 
                exclusions identified under subparagraph (A) 
                and the documentation and substantiating 
                information under subparagraph (B).
          (2) Agencies described.--The agencies referred to in 
        paragraph (1) are--
                  (A) the Department of the Interior;
                  (B) the Department of the Army;
                  (C) the Department of Commerce;
                  (D) the Department of Agriculture;
                  (E) the Department of Energy;
                  (F) the Department of Defense; and
                  (G) any other Federal agency that has 
                participated in an environmental review process 
                for a project, as determined by the Secretary.
          (3) Adoption of categorical exclusions.--
                  (A) In general.--Not later than 1 year after 
                the date on which the Secretary provides the 
                list under paragraph (1)(C), an agency 
                described in paragraph (2) shall publish a 
                notice of proposed rulemaking to propose any 
                categorical exclusions from the list applicable 
                to the agency, subject to the condition that 
                the categorical exclusion identified under 
                paragraph (1)(A) meets the criteria for a 
                categorical exclusion under section 1508.4 of 
                title 40, Code of Federal Regulations (or 
                successor regulations).
                  (B) Public comment.--In a notice of proposed 
                rulemaking under subparagraph (A), the 
                applicable agency may solicit comments on 
                whether any of the proposed new categorical 
                exclusions meet the criteria for a categorical 
                exclusion under section 1508.4 of title 40, 
                Code of Federal Regulations (or successor 
                regulations).
           * * * * * * *

Sec. 140. Nondiscrimination

  (a) Prior to approving any programs for projects as provided 
for in section 135, the Secretary shall require assurances from 
any State desiring to avail itself of the benefits of this 
chapter that employment in connection with proposed projects 
will be provided without regard to race, color, creed, national 
origin, or sex. The Secretary shall require that each State 
shall include in the advertised specifications, notification of 
the specific equal employment opportunity responsibilities of 
the successful bidder. In approving programs for projects on 
any of the Federal-aid systems, the Secretary, necessary to 
ensure equal employment opportunity, shall require 
certification by any State desiring to avail itself of the 
benefits of this chapter that there are in existence and 
available on a regional, statewide, or local basis, 
apprenticeship, skill improvement or other upgrading programs, 
registered with the Department of Labor or the appropriate 
State agency, if any, which provide equal opportunity for 
training and employment without regard to race, color, creed, 
national origin, or sex. In implementing such programs, a State 
may reserve training positions for persons who receive welfare 
assistance from such State; except that the implementation of 
any such program shall not cause current employees to be 
displaced or current positions to be supplanted or preclude 
workers that are participating in an apprenticeship, skill 
improvement, or other upgrading program registered with the 
Department of Labor or the appropriate State agency from being 
referred to, or hired on, projects funded under this title 
without regard to the length of time of their participation in 
such program. The Secretary shall periodically obtain from the 
Secretary of Labor and the respective State transportation 
departments information which will enable the Secretary to 
judge compliance with the requirements of this section and the 
Secretary of Labor shall render to the Secretary such 
assistance and information as the Secretary of Transportation 
shall deem necessary to carry out the equal employment 
opportunity program required hereunder.
           * * * * * * *

Sec. 142. Public transportation

  (a)(1) * * *
           * * * * * * *
  [(i) The provisions of section 5323(a)(1)(D) of title 49 
shall apply in carrying out subsection (a)(2) of this section.]
           * * * * * * *

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 may deduct such sums as are 
                necessary, not to exceed $4,000,000 for each of 
                [fiscal years 2016 through 2020] fiscal years 
                2021 through 2025, to carry out this section.
           * * * * * * *

Sec. 144. National bridge and tunnel inventory and inspection standards

  (a) Findings and Declarations.--
          (1) Findings.-- * * *
           * * * * * * *
          (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, 
                replacementrehabilitation of highway bridges 
                and tunnels to ensure safety, resilience, and 
                extended service life;
           * * * * * * *
                  (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[.] ; and
                  (F) to ensure adequate passage of aquatic and 
                terrestrial species, where appropriate.
  (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) * * *
           * * * * * * *
          (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] bridge classified as in 
        poor condition. identified under this subsection with a 
        comparable facility or the cost of rehabilitating the 
        bridge[.] ; and
          (6) determine if the replacement or rehabilitation of 
        bridges and tunnels should include measures to enable 
        safe and unimpeded movement for terrestrial and aquatic 
        species.
           * * * * * * *
  (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.
          (3) Requirement.--The first revision under paragraph 
        (2) after the date of enactment of the America's 
        Transportation Infrastructure Act of 2019 shall include 
        techniques to assess passage of aquatic and terrestrial 
        species and habitat restoration potential.
           * * * * * * *
  (j) Bundling of Bridge Projects.--
          (1) Purpose.-- * * *
           * * * * * * *
          [(6) Engineering cost reimbursement.--The provisions 
        of section 102(b) do not apply to projects carried out 
        under this subsection.]
           * * * * * * *

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

  (a) Program.-- * * *
           * * * * * * *
  [(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 $80,000,000 for 
each of fiscal years 2016 through 2020.]
  (h) Authorization of Appropriations.--There is authorized to 
be appropriated out of the Highway Trust Fund (other than the 
Mass Transit Account) to carry out this section--
          (1) $86,000,000 for fiscal year 2021;
          (2) $87,000,000 for fiscal year 2022;
          (3) $88,000,000 for fiscal year 2023;
          (4) $89,000,000 for fiscal year 2024; and
          (5) $90,000,000 for fiscal year 2025.
           * * * * * * *

Sec. 148. Highway safety improvement program

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) High risk rural road.-- * * *
           * * * * * * *
          (4) Highway safety improvement project.--
                  (A) In general.-- * * *
           * * * * * * *
                  (B) Inclusions.--The term ``highway safety 
                improvement project'' only includes a project 
                for 1 or more of the following:
                          (i) An intersection safety 
                        improvement. * * *
           * * * * * * *
                          (xxvii) Roadway improvements that 
                        provide separation between pedestrians 
                        and motor vehicles, including medians 
                        and pedestrian crossing islands.
                          (xxviii) Leading pedestrian 
                        intervals.
                          [(xxviii)] (xxix) A physical 
                        infrastructure safety project not 
                        described in clauses (i) [through 
                        (xxvii)] through (xxviii).
           * * * * * * *
          (9) Safety data.--
                  (A) In general.-- * * *
           * * * * * * *
          (10) Safety project under any other section.--
                  (A) In general.--The term `safety project 
                under any other section' means a project 
                carried out for the purpose of safety under any 
                other section of this title.
                  (B) Inclusion.--The term `safety project 
                under any other section' includes a project, 
                consistent with the State strategic highway 
                safety plan, that--
                          (i) promotes public awareness and 
                        informs the public regarding highway 
                        safety matters (including motorcycle 
                        safety);
                          (ii) facilitates enforcement of 
                        traffic safety laws;
                          (iii) provides infrastructure and 
                        infrastructure-related equipment to 
                        support emergency services; or
                          (iv) conducts safety-related research 
                        to evaluate experimental safety 
                        countermeasures or equipment.
          [(10)] (11) State highway safety improvement 
        program.-- * * *
           * * * * * * *
          [(11)] (12) State strategic highway safety plan.-- * 
        * *
           * * * * * * *
          [(12)] (13) Systemic safety improvement.--The term 
        ``systemic safety improvement'' means an improvement 
        that is widely implemented based on high-risk roadway 
        features that are correlated with particular crash 
        types, rather than crash frequency.
           * * * * * * *
  (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)(11)] subsections (a)(12) and (d);
           * * * * * * *
  (d) Updates to Strategic Highway Safety Plans.--
          (1) Establishment of requirements.-- * * *
           * * * * * * *
          (2) Approval of updated strategic highway safety 
        plans.--
                  (A) In general.--Each State shall-- * * *
           * * * * * * *
                  (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)(11)] subsection 
                        (a)(12); and
           * * * * * * *
  (e) Eligible Projects.--
          (1) In general.-- * * *
           * * * * * * *
          (3) Flexible funding for safety projects under any 
        other section.--
                  (A) In general.--To advance the 
                implementation of a State strategic highway 
                safety plan, a State may use not more than 25 
                percent of the amounts apportioned to the State 
                under section 104(b)(3) for a fiscal year to 
                carry out safety projects under any other 
                section.
                  (B) Other transportation and highway safety 
                plans.--Nothing in this paragraph requires a 
                State to revise any State process, plan, or 
                program in effect on the date of enactment of 
                this paragraph.
           * * * * * * *
  (i) State Performance Targets.--If the Secretary determines 
that a State has not met or made significant progress toward 
meeting the safety performance targets of the State established 
under section 150(d), the State shall--
          (1)  * * *
           * * * * * * *
          (2) submit annually to the Secretary, until the 
        Secretary determines that the State has met or made 
        significant progress toward meeting the safety 
        performance targets of the State, an implementation 
        plan that--
                  (A)  * * *
           * * * * * * *
                  (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 safety] safetyrformance 
                targets of the State; and
           * * * * * * *

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)] subsections (d) and (m)(1)(B)(ii), 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) * * *
           * * * * * * *
          (8) if the project or program is for--
                  (A) the purchase of diesel retrofits that 
                are--
                          (i)  * * *
           * * * * * * *
                  (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; [or]
          (9) if the project or program is for the installation 
        of vehicle-to-infrastructure communication equipment[.] 
        ; and
          (10) if the project is for the modernization or 
        rehabilitation of a lock and dam that--
                  (A) is functionally connected to the Federal-
                aid highway system; and
                  (B) the Secretary determines is likely to 
                contribute to the attainment or maintenance of 
                a national ambient air quality standard; or
          (11) if the project is on a marine highway corridor, 
        connector, or crossing designated by the Secretary 
        under section 55601(c) of title 46 (including an inland 
        waterway corridor, connector, or crossing) that--
                  (A) is functionally connected to the Federal-
                aid highway system; and
                  (B) the Secretary determines is likely to 
                contribute to the attainment or maintenance of 
                a national ambient air quality standard.
  (c) Special Rules.--
          (1) Projects for PM-10 nonattainment areas.-- * * *
           * * * * * * *
          (4) Locks and dams; marine highways.--For each fiscal 
        year, a State may not obligate more than 10 percent of 
        the funds apportioned to the State under section 
        104(b)(4) for projects described in paragraphs (10) and 
        (11) of subsection (b).
           * * * * * * *
  [(m) Operating Assistance.--A State may obligate funds 
apportioned under 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, or on a State-Supported Amtrak route with a 
valid cost-sharing agreement under section 209 of the Passenger 
Rail Investment and Improvement Act of 2008 and no current 
nonattainment areas under subsection (d), and shall have no 
imposed time limitation.]
  (m) Operating Assistance.--
          (1) In general.--A State may obligate funds 
        apportioned under section 104(b)(4) in an area of the 
        State that is otherwise eligible for obligations of 
        such funds for operating costs--
                  (A) under chapter 53 of title 49; or
                  (B) on--
                          (i) a system for which CMAQ funding 
                        was eligible, made available, 
                        obligated, or expended in fiscal year 
                        2012; or
                          (ii) a State-supported Amtrak route 
                        with a valid cost-sharing agreement 
                        under section 209 of the Passenger Rail 
                        Investment and Improvement Act of 2008 
                        (49 U.S.C. 24101 note; Public Law 110-
                        432) and no current nonattainment areas 
                        under subsection (d).
          (2) No time limitation.--Operating assistance 
        provided under paragraph (1) shall have no imposed time 
        limitation if the operating assistance is for--
                  (A) a route described in subparagraph (B)(ii) 
                of that paragraph; or
                  (B) a transit system that is located in--
                          (i) a non-urbanized area; or
                          (ii) an urbanized area with a 
                        population of 200,000 or fewer.
           * * * * * * *

Sec. 150. National goals and performance management measures

  (a) Declaration of Policy.-- * * *
           * * * * * * *
  (e) Reporting on Performance Targets.-- * * *
           * * * * * * *
  (f) Exemptions for Low Population Density States.--
          (1) In general.--The Secretary shall grant, on the 
        election of and in consultation with a State, an 
        exemption from 1 or more of the requirements described 
        in paragraph (2)(A) if the State--
                  (A) is on the list of eligible States under 
                paragraph (5) for the applicable performance 
                period; and
                  (B) provides a written notice of the election 
                that includes an explanation under paragraph 
                (4)(A).
          (2) Requirements described.--
                  (A) State requirements.--The requirements 
                from which a State described in paragraph (1) 
                may elect an exemption are--
                          (i) requirements established under 
                        subclauses (IV) and (V) of subsection 
                        (c)(3)(A)(ii);
                          (ii) requirements established under 
                        subsection (c)(5)(A);
                          (iii) requirements established under 
                        subsection (c)(6); and
                          (iv) targeting, data, reporting, or 
                        administrative requirements established 
                        under subsections (d) and (e) that are 
                        related to a requirement described in 
                        clause (i), (ii), or (iii) from which 
                        the State elects to receive an 
                        exemption.
                  (B) Metropolitan planning organization 
                requirements.--A metropolitan planning 
                organization with a metropolitan planning area 
                that is located entirely within a State that is 
                exempt shall be exempt from the requirements 
                under section 134(h)(2)(B) that relate to each 
                measure described in subparagraph (A) from 
                which the State of the metropolitan planning 
                organization is exempt.
          (3) Term.--An exemption applied under paragraph (1) 
        --
                  (A) shall be in effect until the date that is 
                4 years after the date on which the performance 
                period promulgated by the Secretary under 
                subsection (d) in effect at the time the 
                exemption is applied ends; and
                  (B) may be renewed by the State for an 
                additional 4-year term at the end of each 
                performance period if, in accordance with 
                paragraph (4)--
                          (i) the State submits another written 
                        explanation; and
                          (ii) the State continues to be 
                        included on the list of eligible States 
                        under paragraph (5).
          (4) Notification of election of exemption.--
                  (A) In general.--To be eligible to make an 
                election under paragraph (1), not later than 
                September 1 of the calendar year preceding the 
                calendar year in which the next performance 
                period promulgated by the Secretary under 
                subsection (d) begins, a State described in 
                that paragraph--
                          (i) shall submit to the Secretary--
                                  (I) identification of the 1 
                                or more requirements described 
                                in paragraph (2)(A) for which 
                                an exemption is elected; and
                                  (II) a written notice that 
                                includes an explanation 
                                advising the Secretary that the 
                                State is not experiencing 
                                significant performance issues 
                                on the surface transportation 
                                system of the State with 
                                respect to each requirement 
                                referred to in subclause (I); 
                                and
                          (ii) may submit to the Secretary any 
                        other information or material that the 
                        State chooses to include in the notice.
                  (B) Special rule.--Notwithstanding the 
                deadline described in subparagraph (A), a State 
                described in paragraph (1) may submit a notice 
                under subparagraph (A) at any time before 
                September 1, 2021.
          (5) Eligible states.--
                  (A) In general.--Not later than 60 days after 
                the date of enactment of this subsection and 
                thereafter, on each September 1 of the calendar 
                year 2 years prior to the calendar year in 
                which the next performance period promulgated 
                by the Secretary under subsection (d) begins, 
                the Secretary shall publish a list of States 
                that may elect to receive an exemption from a 
                requirement described in paragraph (2)(A).
                  (B) Inclusions.--The Secretary shall include 
                on the list under subparagraph (A)--
                          (i) any State that--
                                  (I) has a population per 
                                square mile of area that is 
                                less than the population per 
                                square mile of area of the 
                                United States, based on the 
                                latest available Bureau of the 
                                Census data at the time the 
                                Secretary publishes the list;
                                  (II) does not include an 
                                urbanized area with a 
                                population of over 200,000 
                                within the State; and
                                  (III) has no repeated delays 
                                or other persistent impediments 
                                to travel reliability on the 
                                portions of the National 
                                Highway System in the State 
                                that the Secretary determines 
                                to be excessive; and
                          (ii) based on the latest available 
                        Bureau of the Census data at the time 
                        the Secretary publishes the list, any 
                        State that--
                                  (I) has a population density 
                                of less than 15 persons per 
                                square mile of area; and
                                  (II) does not include an 
                                urbanized area with a 
                                population of over 200,000.
          (6) National reporting.--
                  (A) Eligible states.--For each State included 
                on the list of eligible States under paragraph 
                (5), the Secretary shall submit to the 
                Committee on Environment and Public Works of 
                the Senate and the Committee on Transportation 
                and Infrastructure of the House of 
                Representatives a report on the status of 
                traffic congestion, travel reliability, truck 
                travel reliability, and any other relevant 
                performance metrics on the portions of the 
                National Highway System in the State, including 
                any delays or impediments that the Secretary 
                determines to be excessive.
                  (B) Exempt states.--For each eligible State 
                under paragraph (5) that elects to receive an 
                exemption under paragraph (1), the Secretary 
                shall--
                          (i) submit to the Committee on 
                        Environment and Public Works of the 
                        Senate and the Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives a report 
                        on the results of performance measures 
                        for all exemptions applied to that 
                        State under this subsection; and
                          (ii) make publicly available as part 
                        of the State performance dashboard on 
                        the Department of Transportation 
                        website information on the performance 
                        of the State with respect to any 
                        requirements from which the State is 
                        exempt.
           * * * * * * *

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

  (a) In General.--[Not later than 1 year after the date of 
enactment of the FAST Act, the Secretary shall] The Secretary 
shall periodically designate national electric vehicle charging 
and hydrogen, propane, and natural gas fueling corridors that 
identify the near-and long-term need for, and location of, 
electric vehicle charging infrastructure, hydrogen fueling 
infrastructure, propane fueling 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, hydrogen fuel cell, 
propane, 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, 
        hydrogen fueling, propane fueling, and natural gas 
        fueling corridors previously designated by the Federal 
        Highway Administration or designated by a State or 
        group of States; and
           * * * * * * *
  (d) Redesignation.--Not later than [5 years after the date of 
establishment of the corridors under subsection (a), and every 
5 years thereafter,] 180 days after the date of enactment of 
the America's Transportation Infrastructure Act of 2019, the 
Secretary shall establish a recurring process to regularly 
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 
        infrastructure, hydrogen fueling infrastructure, 
        propane fueling infrastructure, and natural gas fueling 
        infrastructure and standardization needs for 
        electricity providers, industrial gas providers, 
        natural gas providers, infrastructure providers, 
        vehicle manufacturers, electricity purchasers, and 
        natural gas purchasers; [and]
          (2) [establishes an aspirational goal of achieving] 
        describes efforts, including through funds awarded 
        through the grant program under subsection (f), that 
        will aid efforts to achieve; and strategic deployment 
        of electric vehicle charging infrastructure, hydrogen 
        fueling infrastructure, propane fueling infrastructure, 
        and natural gas fueling infrastructure in those 
        corridors [by the end of fiscal year 2020.] ; and
          (3) summarizes best practices and provides guidance, 
        developed through consultation with the Secretary of 
        Energy, for project development of electric vehicle 
        charging infrastructure, hydrogen fueling 
        infrastructure, and natural gas fueling infrastructure 
        at the State, Tribal, and local level to allow for the 
        predictable deployment of that infrastructure.
  (f) Grant Program.--
          (1) Establishment.--Not later than 1 year after the 
        date of enactment of the America's Transportation 
        Infrastructure Act of 2019, the Secretary shall 
        establish a grant program to award grants to eligible 
        entities to carry out the activities described in 
        paragraph (5).
          (2) Eligible entities.--An entity eligible to receive 
        a grant under this subsection is--
                  (A) a State or political subdivision of a 
                State;
                  (B) a metropolitan planning organization;
                  (C) a unit of local government;
                  (D) a special purpose district or public 
                authority with a transportation function, 
                including a port authority;
                  (E) an Indian tribe (as defined in section 4 
                of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 5304));
                  (F) an authority, agency, or instrumentality 
                of, or an entity owned by, 1 or more entities 
                described in subparagraphs (A) through (E); or
                  (G) a group of entities described in 
                subparagraphs (A) through (F).
          (3) Applications.--To be eligible to receive a grant 
        under this subsection, an eligible entity shall submit 
        to the Secretary an application at such time, in such 
        manner, and containing such information as the 
        Secretary shall require, including--
                  (A) a description of how the eligible entity 
                has considered--
                          (i) public accessibility of charging 
                        or fueling infrastructure proposed to 
                        be funded with a grant under this 
                        subsection, including--
                                  (I) charging or fueling 
                                connector types and publicly 
                                available information on real-
                                time availability; and
                                  (II) payment methods to 
                                ensure secure, convenient, 
                                fair, and equal access;
                          (ii) collaborative engagement with 
                        stakeholders (including automobile 
                        manufacturers, utilities, 
                        infrastructure providers, technology 
                        providers, electric charging, hydrogen, 
                        and natural gas fuel providers, 
                        metropolitan planning organizations, 
                        States, Indian tribes, and units of 
                        local governments, fleet owners, fleet 
                        managers, fuel station owners and 
                        operators, labor organizations, 
                        infrastructure construction and 
                        component parts suppliers, and multi-
                        State and regional entities)--
                                  (I) to foster enhanced, 
                                coordinated, public-private or 
                                private investment in electric 
                                vehicle charging 
                                infrastructure, hydrogen 
                                fueling infrastructure, or 
                                natural gas fueling 
                                infrastructure;
                                  (II) to expand deployment of 
                                electric vehicle charging 
                                infrastructure, hydrogen 
                                fueling infrastructure, or 
                                natural gas fueling 
                                infrastructure;
                                  (III) to protect personal 
                                privacy and ensure 
                                cybersecurity; and
                                  (IV) to ensure that a 
                                properly trained workforce is 
                                available to construct and 
                                install electric vehicle 
                                charging infrastructure, 
                                hydrogen fueling 
                                infrastructure, or natural gas 
                                fueling infrastructure;
                          (iii) the location of the station or 
                        fueling site, such as consideration 
                        of--
                                  (I) the availability of 
                                onsite amenities for vehicle 
                                operators, such as restrooms or 
                                food facilities;
                                  (II) access in compliance 
                                with the Americans with 
                                Disabilities Act of 1990 (42 
                                U.S.C. 12101 et seq.);
                                  (III) height and fueling 
                                capacity requirements for 
                                facilities that charge or 
                                refuel large vehicles, such as 
                                semi-trailer trucks; and
                                  (IV) appropriate distribution 
                                to avoid redundancy and fill 
                                charging or fueling gaps;
                          (iv) infrastructure installation that 
                        can be responsive to technology 
                        advancements, such as accommodating 
                        autonomous vehicles and future charging 
                        methods; and
                          (v) the long-term operation and 
                        maintenance of the electric vehicle 
                        charging infrastructure, hydrogen 
                        fueling infrastructure, or natural gas 
                        fueling infrastructure, to avoid 
                        stranded assets and protect the 
                        investment of public funds in that 
                        infrastructure; and
                  (B) an assessment of the estimated emissions 
                that will be reduced through the use of 
                electric vehicle charging infrastructure, 
                hydrogen fueling infrastructure, or natural gas 
                fueling infrastructure, which shall be 
                conducted using the Alternative Fuel Life-Cycle 
                Environmental and Economic Transportation 
                (AFLEET) tool developed by Argonne National 
                Laboratory (or a successor tool).
          (4) Considerations.--In selecting eligible entities 
        to receive a grant under this subsection, the Secretary 
        shall--
                  (A) consider the extent to which the 
                application of the eligible entity would--
                          (i) improve alternative fueling 
                        corridor networks by--
                                  (I) converting corridor-
                                pending corridors to corridor-
                                ready corridors; or
                                  (II) in the case of corridor-
                                ready corridors, providing 
                                redundancy--
                                          (aa) to meet excess 
                                        demand for charging or 
                                        fueling infrastructure; 
                                        or
                                          (bb) to reduce 
                                        congestion at existing 
                                        charging or fueling 
                                        infrastructure in high-
                                        traffic locations;
                          (ii) meet current or anticipated 
                        market demands for charging or fueling 
                        infrastructure;
                          (iii) enable or accelerate the 
                        construction of charging or fueling 
                        infrastructure that would be unlikely 
                        to be completed without Federal 
                        assistance; and
                          (iv) support a long-term competitive 
                        market for electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, or natural gas fueling 
                        infrastructure that does not 
                        significantly impair existing electric 
                        vehicle charging infrastructure, 
                        hydrogen fueling infrastructure, or 
                        natural gas fueling infrastructure 
                        providers;
                  (B) ensure, to the maximum extent 
                practicable, geographic diversity among grant 
                recipients to ensure that electric vehicle 
                charging infrastructure, hydrogen fueling 
                infrastructure, or natural gas fueling 
                infrastructure is available throughout the 
                United States;
                  (C) consider whether the private entity that 
                the eligible entity contracts with under 
                paragraph (5)--
                          (i) submits to the Secretary the most 
                        recent year of audited financial 
                        statements; and
                          (ii) has experience in installing and 
                        operating electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, or natural gas fueling 
                        infrastructure; and
                  (D) consider whether, to the maximum extent 
                practicable, the eligible entity and the 
                private entity that the eligible entity 
                contracts with under paragraph (5) enter into 
                an agreement--
                          (i) to operate and maintain publicly 
                        available electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, or natural gas 
                        infrastructure; and
                          (ii) that provides a remedy and an 
                        opportunity to cure if the requirements 
                        described in clause (i) are not met.
          (5) Use of funds.--
                  (A) In general.--An eligible entity receiving 
                a grant under this subsection shall only use 
                the funds in accordance with this paragraph to 
                contract with a private entity for acquisition 
                and installation of publicly accessible 
                electric vehicle charging infrastructure, 
                hydrogen fueling infrastructure, or natural gas 
                fueling infrastructure that is directly related 
                to the charging or fueling of a vehicle.
                  (B) Location of infrastructure.--Any electric 
                vehicle charging infrastructure, hydrogen 
                fueling infrastructure, or natural gas fueling 
                infrastructure acquired and installed with a 
                grant under this subsection shall be located 
                along an alternative fuel corridor designated--
                          (i) under this section, on the 
                        condition that any affected Indian 
                        tribes are consulted before the 
                        designation; or
                          (ii) by a State or group of States, 
                        such as the Regional Electric Vehicle 
                        West Plan of the States of Arizona, 
                        Colorado, Idaho, Montana, Nevada, New 
                        Mexico, Utah, and Wyoming, on the 
                        condition that any affected Indian 
                        tribes are consulted before the 
                        designation.
                  (C) Operating assistance.--
                          (i) In general.--Subject to clauses 
                        (ii) and (iii), an eligible entity that 
                        receives a grant under this subsection 
                        may use a portion of the funds to 
                        provide to a private entity operating 
                        assistance for the first 5 years of 
                        operations after the installation of 
                        electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, or natural gas fueling 
                        infrastructure while the facility 
                        transitions to independent system 
                        operations.
                          (ii) Inclusions.--Operating 
                        assistance under this subparagraph 
                        shall be limited to costs allocable to 
                        operating and maintaining the electric 
                        vehicle charging infrastructure, 
                        hydrogen fueling infrastructure, or 
                        natural gas fueling infrastructure and 
                        service, including costs associated 
                        with labor, marketing, and 
                        administrative costs.
                          (iii) Limitation.--Operating 
                        assistance under this subparagraph may 
                        not exceed the amount of a contract 
                        under subparagraph (A) to acquire and 
                        install publicly accessible electric 
                        vehicle charging infrastructure, 
                        hydrogen fueling infrastructure, or 
                        natural gas fueling infrastructure.
                  (D) Signs.--
                          (i) In general.--Subject to this 
                        paragraph and paragraph (6)(B), an 
                        eligible entity that receives a grant 
                        under this subsection may use a portion 
                        of the funds to acquire and install--
                                  (I) traffic control devices 
                                located in the right-of-way to 
                                provide directional information 
                                to electric vehicle charging 
                                infrastructure, hydrogen 
                                fueling infrastructure, or 
                                natural gas fueling 
                                infrastructure acquired, 
                                installed, or operated with the 
                                grant; and
                                  (II) on-premises signs to 
                                provide information about 
                                electric vehicle charging 
                                infrastructure, hydrogen 
                                fueling infrastructure, or 
                                natural gas fueling 
                                infrastructure acquired, 
                                installed, or operated with a 
                                grant under this subsection.
                          (ii) Applicability.--Clause (i) shall 
                        apply only to an eligible entity that--
                                  (I) receives a grant under 
                                this subsection; and
                                  (II) is using that grant for 
                                the acquisition and 
                                installation of publicly 
                                accessible electric vehicle 
                                charging infrastructure, 
                                hydrogen fueling 
                                infrastructure, or natural gas 
                                fueling infrastructure.
                          (iii) Limitation on amount.--The 
                        amount of funds used to acquire and 
                        install traffic control devices and on-
                        premises signs under clause (i) may not 
                        exceed the amount of a contract under 
                        subparagraph (A) to acquire and install 
                        publicly accessible charging or fueling 
                        infrastructure.
                          (iv) No new authority created.--
                        Nothing in this subparagraph authorizes 
                        an eligible entity that receives a 
                        grant under this subsection to acquire 
                        and install traffic control devices or 
                        on-premises signs if the entity is not 
                        otherwise authorized to do so.
                  (E) Revenue.--An eligible entity receiving a 
                grant under this subsection and a private 
                entity referred to in subparagraph (A) may 
                enter into a cost-sharing agreement under which 
                the private entity submits to the eligible 
                entity a portion of the revenue from the 
                electric vehicle charging infrastructure, 
                hydrogen fueling infrastructure, or natural gas 
                fueling infrastructure.
          (6) Project requirements.--
                  (A) In general.--Notwithstanding any other 
                provision of law, any project funded by a grant 
                under this subsection shall be treated as a 
                project on a Federal-aid highway under this 
                chapter.
                  (B) Signs.--Any traffic control device or on-
                premises sign acquired, installed, or operated 
                with a grant under this subsection shall comply 
                with--
                          (i) the Manual on Uniform Traffic 
                        Control Devices, if located in the 
                        right-of-way; and
                          (ii) other provisions of Federal, 
                        State, and local law, as applicable.
          (7) Federal share.--
                  (A) In general.--The Federal share of the 
                cost of a project carried out with a grant 
                under this subsection shall not exceed 80 
                percent of the total project cost.
                  (B) Responsibility of private entity.--As a 
                condition of contracting with an eligible 
                entity under paragraph (5), a private entity 
                shall agree to pay the share of the cost of a 
                project carried out with a grant under this 
                subsection that is not paid by the Federal 
                Government under subparagraph (A).
          (8) Report.--Not later than 3 years after the date of 
        enactment of this subsection, the Secretary shall 
        submit to the Committee on Environment and Public Works 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives and make 
        publicly available a report on the progress and 
        implementation of this subsection.
           * * * * * * *

Sec. 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) $158,000,000 shall be for the Puerto Rico 
        highway program under subsection (b); and
          [(2) $42,000,000 shall be for the territorial highway 
        program under subsection (c).]
          (1) for the Puerto Rico highway program under 
        subsection (b)--
                  (A) $161,500,000 shall be for fiscal year 
                2021;
                  (B) $165,000,000 shall be for fiscal year 
                2022;
                  (C) $168,000,000 shall be for fiscal year 
                2023;
                  (D) $171,000,000 shall be for fiscal year 
                2024; and
                  (E) $175,500,000 shall be for fiscal year 
                2025; and
          (2) for the territorial highway program under 
        subsection (c)--
                  (A) $43,000,000 shall be for fiscal year 
                2021;
                  (B) $43,000,000 shall be for fiscal year 
                2022;
                  (C) $44,000,000 shall be for fiscal year 
                2023;
                  (D) $45,000,000 shall be for fiscal year 
                2024; and
                  (E) $46,000,000 shall be for fiscal year 
                2025.
           * * * * * * *
  (c) Territorial Highway Program.--
          (1) Territory defined.-- * * *
           * * * * * * *
          (7) Location of projects.--Territorial highway 
        program projects (other than those described in 
        [paragraphs (1) through (4) of section 133(c) and 
        section 133(b)(12))] paragraphs (1), (2), (3), and (5) 
        of section 133(c) and section 133(b)(13) may not be 
        undertaken on roads functionally classified as local.
           * * * * * * *

Sec. 166. HOV facilities

  (a) In General.--
          [(1) AUTHORITY PUBLIC AUTHORITIES.--
          A public authority]
          (1) Authority of public authorities.--A public 
        authority that has jurisdiction over the operation of a 
        HOV facility shall establish the occupancy requirements 
        of vehicles operating on the facility.
           * * * * * * *

Sec. 167. National highway freight program

  (a) In General.--
          (1) Policy.-- * * *
           * * * * * * *
  (e) Critical Rural Freight Corridors.--
          (1) In general.-- * * *
           * * * * * * *
          (2) Limitation.--A State may designate as critical 
        rural freight corridors a maximum of [150 miles] 300 
        miles of highway or 20 percent of the primary highway 
        freight system mileage in the State, whichever is 
        greater.
          (3) Rural states.--Notwithstanding paragraph (2), a 
        State with a population per square mile of area that is 
        less than the national average, based on the 2010 
        census, may designate as critical rural freight 
        corridors a maximum of 600 miles of highway or 25 
        percent of the primary highway freight system mileage 
        in the State, whichever is greater.
  (f) Critical Urban Freight Corridors.--
          (1) Urbanized area with population of 500,000 or 
        more.-- * * *
           * * * * * * *
          (4) Limitation.--For each State, a maximum of [75 
        miles] 150 miles of highway or 10 percent of the 
        primary highway freight system mileage in the State, 
        whichever is greater, may be designated as a critical 
        urban freight corridor under paragraphs (1) and (2
           * * * * * * *
  [(h) Highway Freight Transportation Conditions and 
Performance Reports.--Not later than 2 years after the date of 
enactment of the FAST Act, and biennially thereafter, the 
Administrator shall prepare and submit to Congress a report 
that describes the conditions and performance of the National 
Highway Freight Network in the United States.]
  [(i)] (h) Use of Apportioned Funds.--
          (1) In general.-- * * *
           * * * * * * *
          (5) Eligibility.--
                  (A) In general.-- * * *
           * * * * * * *
                  (B) Other projects.--For each fiscal year, a 
                State may obligate not more than [10 percent] 
                30 percent of the total apportionment of the 
                State under section 104(b)(5) for freight 
                intermodal or freight rail projects, including 
                projects--
                          (i) within the boundaries of public 
                        or private freight rail or water 
                        facilities (including ports); [and]
                          (ii) that provide surface 
                        transportation infrastructure necessary 
                        to facilitate direct intermodal 
                        interchange, transfer, and access into 
                        or out of the facility[.] ; and
                          (iii) for the modernization or 
                        rehabilitation of a lock and dam, if 
                        the Secretary determines that the 
                        project--
                                  (I) is functionally connected 
                                to the National Highway Freight 
                                Network; and
                                  (II) is likely to reduce on-
                                road mobile source emissions; 
                                and
                          (iv) on a marine highway corridor, 
                        connector, or crossing designated by 
                        the Secretary under section 55601(c) of 
                        title 46 (including an inland waterway 
                        corridor, connector, or crossing), if 
                        the Secretary determines that the 
                        project--
                                  (I) is functionally connected 
                                to the National Highway Freight 
                                Network; and
                                  (II) is likely to reduce on-
                                road mobile source emissions.
           * * * * * * *
  [(j)] (i) State Performance Targets.-- * * *
           * * * * * * *
  [(k)] (j) Intelligent Freight Transportation System.-- * * *
           * * * * * * *
  [(l)] (k) Treatment of Freight Projects.--Notwithstanding any 
other provision of law, a freight project carried out under 
this section shall be treated as if the project were on a 
Federal-aid highway. * * *
           * * * * * * *

Sec. 170. Funding flexibility for transportation emergencies

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

Sec. 171. Balance exchanges for infrastructure program

  (a) Definitions.--In this section:
          (1) Administratively allocated.--The term 
        `administratively allocated' means the allocation by 
        the Secretary of budget authority for a project under 
        the TIFIA program that occurs when--
                  (A) a potential applicant has been invited 
                into the creditworthiness phase for a project 
                under the TIFIA program; or
                  (B) the project is subject to a master credit 
                agreement (as defined in section 601(a)), in 
                accordance with section 602(b)(2).
          (2) Appalachian state.--The term `Appalachian State' 
        means a State that contains 1 or more counties in the 
        Appalachian region (as defined in section 14102(a) of 
        title 40).
          (3) Program.--The term `program' means the Balance 
        Exchanges for Infrastructure Program established under 
        subsection (b).
          (4) TIFIA carryover balance.--
                  (A) In general.--The term `TIFIA carryover 
                balance' means the amounts made available for 
                the TIFIA program for previous fiscal years 
                that are unobligated and have not been 
                administratively allocated.
                  (B) Inclusion.--The term `TIFIA carryover 
                balance' includes--
                          (i) the applicable amount of contract 
                        authority for the amounts described in 
                        subparagraph (A); and
                          (ii) the equivalent amount of 
                        obligation limitation for the fiscal 
                        year in which the Secretary makes a 
                        transfer under subsection (f)(2).
          (5) TIFIA program.--The term `TIFIA program' has the 
        meaning given the term in section 601(a).
  (b) Establishment.--The Secretary shall establish a program, 
to be known as the `Balance Exchanges for Infrastructure 
Program', in accordance with this section to provide 
flexibility for the Secretary and States to improve highway 
infrastructure.
  (c) Offer to Fund Projects or Exchange Funds.--
          (1) Solicitation.--For each fiscal year for which an 
        amount is reserved under subsection (f)(1), the 
        Secretary shall--
                  (A) not later than December 1 of that fiscal 
                year--
                          (i) solicit requests from Appalachian 
                        States to return amounts under 
                        subsection (d)(1)(A); and
                          (ii) solicit applications from 
                        Appalachian States for grants under 
                        subsection (e); and
                  (B) require that, not later than 60 days 
                after the date of the solicitations under 
                subparagraph (A), each Appalachian State that 
                elects to participate in the program shall 
                submit to the Secretary either--
                          (i) a request that describes the 
                        amount that the Appalachian State 
                        requests to return under subsection 
                        (d)(1)(A); or
                          (ii) an application for a grant under 
                        subsection (e).
  (d) Exchange Agreements.--
          (1) In general.--The Secretary shall enter into an 
        agreement with each Appalachian State that submits a 
        request under subsection (c)(1)(A)(i) under which--
                  (A) the Appalachian State shall return to the 
                Secretary all, or at the discretion of the 
                Appalachian State, a portion of, the 
                unobligated amounts from the Highway Trust Fund 
                (including the applicable amount of contract 
                authority and an equal amount of special no-
                year obligation limitation associated with that 
                contract authority) apportioned to the 
                Appalachian State for the Appalachian 
                development highway system under section 14501 
                of title 40 (but not including any amounts made 
                available by an appropriations Act without an 
                initial authorization); and
                  (B) the Secretary shall transfer to the 
                Appalachian State, from amounts transferred to 
                the program under subsection (f)(2) for that 
                fiscal year, an amount (including the 
                applicable amount of contract authority and an 
                equal amount of annual obligation limitation) 
                equal to the amount that the Appalachian State 
                returned under subparagraph (A) that shall be 
                used to carry out projects described in 
                paragraph (3).
          (2) State limitation.--The amount of contract 
        authority returned by an Appalachian State under 
        paragraph (1)(A) may not exceed the amount of the 
        special no-year obligation limitation available to the 
        Appalachian State prior to the return of the special 
        no-year obligation limitation under that paragraph.
          (3) Eligible projects.--
                  (A) In general.--A project eligible to be 
                carried out using funds transferred to an 
                Appalachian State under paragraph (1)(B) is a 
                project described in section 133(b).
                  (B) Federal share.--The Federal share of the 
                cost of a project carried out using funds 
                transferred to an Appalachian State under 
                paragraph (1)(B) shall be up to 100 percent, at 
                the discretion of the Appalachian State.
                  (C) Application of section 133.--Except as 
                otherwise provided in this paragraph, section 
                133 shall not apply to a project carried out 
                using funds transferred to an Appalachian State 
                under paragraph (1)(B).
          (4) Total limitation.--For each fiscal year, the 
        total amount exchanged under paragraph (1) shall not 
        exceed the amount available to be transferred to the 
        program under subsection (f).
          (5) Amounts exchanged.--For each fiscal year, if the 
        total amount requested by all Appalachian States to 
        return under paragraph (1)(A) is greater than the 
        amount available to be transferred to the program under 
        subsection (f), the Secretary shall exchange amounts 
        under paragraph (1) based on the proportion that--
                  (A) the amount requested to be returned for 
                the fiscal year by the Appalachian State; bears 
                to
                  (B) the amount requested to be returned for 
                the fiscal year by all Appalachian States.
  (e) Appalachian Development Highway System Corridor Grants.--
          (1) In general.--Using amounts returned to the 
        Secretary under subsection (d)(1)(A), the Secretary 
        shall provide grants of contract authority, to remain 
        available until expended, and subject to special no-
        year obligation limitation, on a competitive basis to 
        Appalachian States for eligible projects described in 
        paragraph (2).
          (2) Eligible project.--A project eligible to be 
        carried out with a grant under this subsection is a 
        project that is--
                  (A) eligible under section 14501 of title 40 
                as of the date of enactment of this section; 
                and
                  (B) reasonably expected to begin construction 
                by not later than 2 years after the date of 
                obligation of funds provided under this 
                subsection for the project.
          (3) Application.--To be eligible to receive a grant 
        under this subsection, an Appalachian State shall 
        submit to the Secretary an application at such time, in 
        such manner, and containing such information as the 
        Secretary may require.
          (4) Federal share.--The Federal share of the cost of 
        a project carried out using a grant provided under this 
        subsection shall be up to 100 percent, at the 
        discretion of the Appalachian State.
          (5) Limitation.--An Appalachian State that enters 
        into an agreement to exchange funds under subsection 
        (d) for any fiscal year shall not be eligible to 
        receive a grant under this subsection.
  (f) Transfer From TIFIA Program.--
          (1) In general.--On October 1 of each fiscal year, 
        the Secretary shall reserve, for the purpose of funding 
        transfers under paragraph (2) until the transfers are 
        completed, the amount of TIFIA carryover balance that 
        exceeds the amount authorized to carry out the TIFIA 
        program for that fiscal year.
          (2) Transfers.--For each fiscal year, not later than 
        60 days after the date on which the Secretary receives 
        the responses to the solicitations under subsection 
        (c)(1) or the date on which the full appropriation for 
        that fiscal year is available, whichever is later, the 
        Secretary shall transfer from the TIFIA program to the 
        program an amount of contract authority and an equal 
        amount of obligation limitation, to remain available 
        until expended, that is equal to the lesser of--
                  (A) the total amount requested by all 
                Appalachian States for the fiscal year under 
                subsection (c)(1)(B)(i);
                  (B) the total amount requested by all 
                Appalachian States for grants under subsection 
                (c)(1)(B)(ii); and
                  (C) the amount reserved under paragraph (1).

Sec. 172. Formula safety incentive program

  (a) Definitions.--In this section:
          (1) Metropolitan planning organization; urbanized 
        area.--The terms `metropolitan planning organization' 
        and `urbanized area' have the meaning given those terms 
        in section 134(b).
          (2) Transportation management area.--The term 
        `transportation management area' means a transportation 
        management area identified or designated by the 
        Secretary under section 134(k)(1).
          (3) Vulnerable road user.--The term `vulnerable road 
        user' means a nonmotorist (as that term is used in the 
        Fatality Analysis Reporting System of the National 
        Highway Traffic Safety Administration).
          (4) Vulnerable road user safety focus area.--The term 
        `vulnerable road user safety focus area' means--
                  (A) an urbanized area with combined fatality 
                rate of vulnerable road users that is greater 
                than 1.5 per 100,000 individuals; or
                  (B) a State in which fatalities of vulnerable 
                road users combined represents not less than 15 
                percent of the total annual crash fatalities in 
                the State.
  (b) Formula Funding Awards.--
          (1) In general.--For each fiscal year, the Secretary 
        shall distribute among the States the amounts made 
        available to carry out this section for that fiscal 
        year in accordance with paragraph (2).
          (2) Distribution.--The amount for each State shall be 
        determined by multiplying the total amount of funding 
        made available to carry out this section for the 
        applicable fiscal year by the ratio that--
                  (A) the total base apportionment for the 
                State under section 104(c); bears to
                  (B) the total base apportionments for all 
                States under section 104(c).
  (c) Safety Supplemental.--
          (1) In general.--A State shall use 50 percent of the 
        amount distributed to the State under subsection (b) 
        for each fiscal year to carry out the eligible 
        activities under paragraph (2).
          (2) Eligible activities.--
                  (A) States.--Subject to paragraph (4)(A), a 
                State shall use the funds under paragraph (1) 
                for a highway safety improvement project or 
                strategy included on the State strategic 
                highway safety plan (as defined in section 
                148(a)) of the State.
                  (B) MPOs.--Subject to paragraph (4)(B), a 
                metropolitan planning organization that is 
                required to obligate funds under subsection (e) 
                shall use the funds under paragraph (1) for a 
                highway safety improvement project (as defined 
                in section 148(a)).
          (3) Federal share.--The Federal share of the cost of 
        a project carried out with funds under paragraph (1) 
        shall be determined in accordance with section 120.
          (4) Limitation on flexibility.--
                  (A) States.--Notwithstanding paragraph 
                (2)(A), a State that is a vulnerable road user 
                safety focus area shall use the funds under 
                paragraph (1) for a highway safety improvement 
                project (as defined in section 148(a)) to 
                improve the safety of vulnerable road users, 
                regardless of whether the project is included 
                on the State strategic highway safety plan (as 
                defined in section 148(a)) of the State.
                  (B) MPOs.--Notwithstanding paragraph (2)(B), 
                a metropolitan planning organization that is 
                required to obligate funds under subsection (e) 
                that contains an area designated as a 
                vulnerable road user safety focus area shall 
                use the funds under paragraph (1) for a highway 
                safety improvement project (as defined in 
                section 148(a)) to improve the safety of 
                vulnerable road users.
  (d) Safety Planning Incentive.--
          (1) Vulnerable road user safety assessments.--
                  (A) In general.--A State may, in consultation 
                with metropolitan planning organizations within 
                the State, develop and publish a State 
                vulnerable road user safety assessment 
                described in subparagraph (B).
                  (B) State vulnerable road user safety 
                assessment described.--A vulnerable road user 
                safety assessment referred to in subparagraph 
                (A) is an assessment of the safety performance 
                of the State with respect to vulnerable road 
                users and the plan of the State, developed in 
                consultation with the metropolitan planning 
                organizations within the State, if any, to 
                improve the safety of vulnerable road users, 
                which shall--
                          (i) include the approximate location 
                        within the State of each vulnerable 
                        road user fatality during the most 
                        recently reported 2-year period of 
                        final data from the Fatality Analysis 
                        Reporting System of the National 
                        Highway Traffic Safety Administration 
                        and the operating speed of the roadway 
                        at that location;
                          (ii) include the corridors within the 
                        State on which a vulnerable road user 
                        fatality has occurred during the most 
                        recently reported 2-year period of 
                        final data from the Fatality Analysis 
                        Reporting System of the National 
                        Highway Traffic Safety Administration 
                        and the operating speeds of those 
                        corridors;
                          (iii) include a list of projects 
                        within the State that primarily address 
                        the safety of vulnerable road users 
                        that--
                                  (I) have been completed 
                                during the 2 most recent fiscal 
                                years prior to date of the 
                                publication of the vulnerable 
                                road user safety assessment, 
                                including the amount of funding 
                                that has been dedicated to 
                                those projects, described in 
                                total amounts and as a 
                                percentage of total capital 
                                expenditures;
                                  (II) are planned to be 
                                completed during the 2 fiscal 
                                years following the date of the 
                                publication of the vulnerable 
                                road user assessment, including 
                                the amount of funding that the 
                                State plans to be dedicated to 
                                those projects, described in 
                                total amounts and as a 
                                percentage of total capital 
                                expenditures; and
                                  (III) have the potential to 
                                be included on the list 
                                described in subclause (II) 
                                once the permitting and 
                                approval processes for those 
                                projects are complete, 
                                including the reason for the 
                                delay in the completion of 
                                those processes, if any; and
                          (iv) be reviewed and certified by the 
                        Secretary to have met the requirements 
                        of this subparagraph.
          (2) Acceleration of safety project delivery.--For 
        each project identified by a State under paragraph 
        (1)(B)(iii)(III), to the maximum extent practicable, 
        the Secretary, in consultation with the State, shall 
        use the authority under section 1420 of the FAST Act 
        (23 U.S.C. 101 note; Public Law 114-94) to accelerate 
        delivery of the project.
          (3) Safety plan incentive.--A State shall use 50 
        percent of the amounts made available to the State 
        under subsection (b) for each fiscal year to carry out 
        eligible activities under paragraph (4).
          (4) Eligible activities.--
                  (A) In general.--A State and any metropolitan 
                planning organization in the State that is 
                required to obligate funds under subsection (e) 
                may use funds under paragraph (3) for a project 
                or strategy described in subsection (c)(2).
                  (B) Additional eligibility incentive.--In 
                addition to the eligible activities under 
                subparagraph (A), a State and any metropolitan 
                planning organization in the State that is 
                required to obligate funds under subsection (e) 
                may use the funds under paragraph (3) for a 
                project eligible under section 133(b) if--
                          (i) the State has, within the fiscal 
                        year prior to the fiscal year in which 
                        the Secretary is making the grant or by 
                        a deadline established by the Secretary 
                        in the fiscal year in which the 
                        Secretary is making the grant, 
                        conducted and published a vulnerable 
                        road user safety assessment described 
                        in paragraph (1)(B) that has been 
                        approved by the Secretary under clause 
                        (iv) of that paragraph; or
                          (ii) for a State that has previously 
                        published a vulnerable road user safety 
                        assessment described in paragraph 
                        (1)(B) that has been approved by the 
                        Secretary under clause (iv) of that 
                        paragraph--
                                  (I) the State has, within the 
                                fiscal year prior to the fiscal 
                                year in which the Secretary is 
                                making the grant or by a 
                                deadline established by the 
                                Secretary in the fiscal year in 
                                which the Secretary is making 
                                the grant, updated the 
                                estimates described in clauses 
                                (i) and (ii) of paragraph 
                                (1)(B); and
                                  (II) the State and the 
                                metropolitan planning 
                                organization have, within the 4 
                                fiscal years prior to the 
                                fiscal year in which the 
                                Secretary is making the grant 
                                or by a deadline established by 
                                the Secretary in the fiscal 
                                year in which the Secretary is 
                                making the grant, incorporated 
                                a vulnerable road user safety 
                                assessment described in 
                                paragraph (1)(B) into--
                                          (aa) a long-range 
                                        transportation plan 
                                        developed by the 
                                        metropolitan planning 
                                        organization under 
                                        section 134(c), if any; 
                                        and
                                          (bb) the long-range 
                                        statewide 
                                        transportation plan 
                                        developed by the State 
                                        under section 
                                        135(f)(1).
          (5) Federal share.--The Federal share of the cost of 
        a project carried out using funds under paragraph (3)--
                  (A) in the case of a State or metropolitan 
                planning organization within a State that meets 
                the requirements under paragraph (4)(B), may be 
                up to 100 percent, at the discretion of the 
                State; and
                  (B) in the case of a State or metropolitan 
                planning organization within a State that is 
                not described in subparagraph (A), shall be 
                determined in accordance with section 120.
  (e) Suballocation Requirements.--
          (1) In general.--For each fiscal year, of the funds 
        made available to a State under subsections (c) and 
        (d)--
                  (A) 65 percent of each amount shall be 
                obligated, in proportion to their relative 
                shares of the population of the State--
                          (i) in urbanized areas of the State 
                        with an urbanized area population of 
                        over 200,000; and
                          (ii) in other areas of the State; and
                  (B) the remainder may be obligated in any 
                area of the State.
          (2) Metropolitan areas.--Funds attributed to an 
        urbanized area under paragraph (1)(A)(i) may be 
        obligated in the metropolitan area established under 
        section 134 that encompasses the urbanized area.
          (3) Distribution among urbanized areas of over 
        200,000 population.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the amount that a State is 
                required to obligate under paragraph (1)(A)(i) 
                shall be obligated in urbanized areas described 
                in paragraph (1)(A)(i) based on the relative 
                population of the areas.
                  (B) Other factors.--The State may obligate 
                the funds described in subparagraph (A) based 
                on other factors if--
                          (i) the State and the relevant 
                        metropolitan planning organizations 
                        jointly apply to the Secretary for the 
                        permission to base the obligation on 
                        other factors; and
                          (ii) the Secretary grants the 
                        request.
          (4) Consultation in urbanized areas.--Before 
        obligating funds for an activity under subsections (c) 
        or (d) in an urbanized area that is not a 
        transportation management area, a State shall consult 
        with any metropolitan planning organization that 
        represents the urbanized area prior to determining 
        which activities should be carried out.
          (5) Consultation in rural areas.--Before obligating 
        funds for an eligible activity under subsections (c) 
        and (d) in a rural area, a State shall consult with any 
        regional transportation planning organization or 
        metropolitan planning organization that represents a 
        rural area of the State prior to determining which 
        activities should be carried out.

Sec. 173. Fatality reduction performance program

  (a) Definitions.--In this section:
          (1) Metropolitan planning organization; urbanized 
        area.--The terms `metropolitan planning organization' 
        and `urbanized area' have the meaning given those terms 
        in section 134(b).
          (2) Qualifying state.--The term `qualifying State' 
        means a State in which--
                  (A) the average fatality and serious injury 
                rates per 100,000,000 vehicle-miles-traveled 
                within the State during the 3-year period 
                beginning on January 1 of the fiscal year that 
                was 3 years prior to the fiscal year in which 
                the Secretary is making the grant under this 
                section has grown more slowly or declined, as 
                compared to the average fatality and serious 
                injury rates per 100,000,000 vehicle-miles-
                traveled within the State during the 3-year 
                period beginning on January 1 of the fiscal 
                year that was 6 years prior to the fiscal year 
                in which the Secretary is making the grant 
                under this section;
                  (B) the average annual number of serious 
                injuries and fatalities within the State, as 
                measured on a per capita basis, during the 3-
                year period beginning on January 1 of the 
                fiscal year that was 3 years prior to the 
                fiscal year in which the Secretary is making 
                the grant under this section has grown more 
                slowly or declined, as compared to the average 
                annual number of serious injuries and 
                fatalities within the State, as measured on a 
                per capita basis, during the 3-year period 
                beginning on January 1 of the fiscal year that 
                was 6 years prior to the fiscal year in which 
                the Secretary is making the grant under this 
                section;
                  (C) the average annual number of fatalities 
                within the State, as measured on a per capita 
                basis, during the 3-year period beginning on 
                January 1 of the fiscal year that was 3 years 
                prior to the fiscal year in which the Secretary 
                is making the grant under this section is less 
                than \1/2\ of the nationwide average annual per 
                capita number of fatalities during that period; 
                or
                  (D)(i) the performance targets set by the 
                State under subsection (d)(1) of section 150, 
                in accordance with subsection (c)(4) of that 
                section, in the most recently completed 
                performance cycle prior to the year in which 
                the Secretary is making the funds available 
                under this section demonstrate a reduction in 
                the number and rate of serious injuries and 
                fatalities; and
                  (ii) the State has met or exceeded the 
                performance targets described in clause (i).
          (3) Qualifying unit of local government.--The term 
        `qualifying unit of local government' means a unit of 
        local government in an urbanized area served by a 
        metropolitan planning organization in which--
                  (A) the average fatality and serious injury 
                rates per 100,000,000 vehicle-miles-traveled 
                within the urbanized area during the 3-year 
                period beginning on January 1 of the fiscal 
                year that was 3 years prior to the fiscal year 
                in which the Secretary is making the grant 
                under this section has grown more slowly or 
                declined, as compared to the average fatality 
                and serious injury rates per 100,000,000 
                vehicle-miles-traveled within the urbanized 
                area during the 3-year period beginning on 
                January 1 of the fiscal year that was 6 years 
                prior to the fiscal year in which the Secretary 
                is making the grant under this section;
                  (B) the average annual number of serious 
                injuries and fatalities within the urbanized 
                area, as measured on a per capita basis, during 
                the 3-year period beginning on January 1 of the 
                fiscal year that was 3 years prior to the 
                fiscal year in which the Secretary is making 
                the grant under this section has grown more 
                slowly or declined, as compared to the average 
                annual per capita number of serious injuries 
                and fatalities within the urbanized area during 
                the 3-year period beginning on January 1 of the 
                fiscal year that was 6 years prior to the 
                fiscal year in which the Secretary is making 
                the grant under this section;
                  (C) the average annual number of fatalities 
                within the urbanized area, as measured on a per 
                capita basis, during the 3-year period 
                beginning on January 1 of the fiscal year that 
                was 3 years prior to the fiscal year in which 
                the Secretary is making the grant under this 
                section is less than \1/2\ of the nationwide 
                average annual per capita number of fatalities 
                during that period; or
                  (D)(i) the performance targets set for the 
                urbanized area under section 150(c)(4), in 
                accordance with section 134(h)(2)(B)(i), in the 
                most recently completed performance cycle prior 
                to the year in which the Secretary is making 
                the grant under this section demonstrate a 
                reduction in the number and rate of serious 
                injuries and fatalities; and
                  (ii) the urbanized area has met or exceeded 
                the performance targets described in clause 
                (i).
          (4) Serious injuries and fatalities.--The term 
        `serious injuries and fatalities' means serious 
        injuries and fatalities, as measured in accordance with 
        the measures established under section 150(c)(4).
  (b) Fatality Reduction Performance and Planning Recognition 
Awards.--
          (1) In general.--The Secretary shall establish a 
        competitive grant program to award grants to eligible 
        entities in recognition of the achievement of the 
        eligible entity in meeting the performance categories 
        described in paragraph (3)(A).
          (2) Eligible entities.--The Secretary shall 
        distribute amounts under paragraph (1) to any of the 
        following:
                  (A) A qualifying State.
                  (B) A qualifying unit of local government.
          (3) Performance categories.--
                  (A) In general.--The Secretary shall select 
                eligible entities to receive a grant under 
                paragraph (1) to recognize the achievement of 
                the eligible entity in meeting any of the 
                following performance categories:
                          (i) Significant progress in reducing 
                        serious injuries and fatalities, as 
                        measured on a per capita basis.
                          (ii) Significant progress in reducing 
                        the rates of serious injuries and 
                        fatalities per vehicle-mile traveled.
                          (iii) Having a per capita number of 
                        serious injuries and fatalities that is 
                        among the lowest of jurisdictions with 
                        comparable population and surface 
                        transportation system characteristics.
                          (iv) Having a per vehicle-mile 
                        traveled number of serious injuries and 
                        fatalities that is among the lowest of 
                        jurisdictions with comparable 
                        population and surface transportation 
                        system characteristics.
                          (v) Innovative safety planning 
                        efforts and implementation of plans 
                        leading to achievement with respect to 
                        the reduction of serious injuries and 
                        fatalities.
                  (B) Merit based distribution.--In selecting 
                among eligible entities to receive grants under 
                paragraph (1) and the amounts of each of those 
                grants, the Secretary shall give priority to 
                eligible entities that have achieved the most 
                significant levels of reduction in serious 
                injuries and fatalities, as measured either on 
                a per capita basis or per-vehicle mile traveled 
                basis.
                  (C) Multiple awards.--The Secretary may--
                          (i) award a grant under paragraph (1) 
                        to multiple eligible entities for each 
                        performance category described in 
                        subparagraph (A); and
                          (ii) recognize achievements in each 
                        performance category described in 
                        subparagraph (A)--
                                  (I) in urban and rural areas; 
                                and
                                  (II) on the State and local 
                                level.
                  (D) Repeat awards.--The Secretary may not 
                award a grant under this subsection to the same 
                eligible entity more than once during a 2-year 
                period.
          (4) Award amount.--A grant under paragraph (1) shall 
        be in an amount--
                  (A) not less than $5,000,000; and
                  (B) not more than $30,000,000.
          (5) Eligible uses.--An eligible entity may use a 
        grant under paragraph (1) for--
                  (A) an activity eligible under this title; or
                  (B) a project--
                          (i) to maintain the condition of a 
                        Federal-aid highway, including routine 
                        maintenance; or
                          (ii) that--
                                  (I) responds to a specific 
                                condition or event; and
                                  (II) restores a Federal-aid 
                                highway to a functional state 
                                of operations.
          (6) Applications.--To be eligible to receive a grant 
        under paragraph (1), an eligible entity shall submit to 
        the Secretary an application at such time, in such 
        manner, and containing such information as the 
        Secretary may require.
          (7) Federal share.--The Federal share of the cost of 
        a project carried out using a grant under paragraph (1) 
        shall be, as determined at the discretion of the grant 
        recipient, up to 100 percent.

Sec. 174. Wildlife crossings pilot program

  (a) Finding.--Congress finds that greater adoption of 
wildlife-vehicle collision safety countermeasures is in the 
public interest because--
          (1) according to the report of the Federal Highway 
        Administration entitled `Wildlife-Vehicle Collision 
        Reduction Study', there are more than 1,000,000 
        wildlife-vehicle collisions every year;
          (2) wildlife-vehicle collisions--
                  (A) present a danger to--
                          (i) human safety; and
                          (ii) wildlife survival; and
                  (B) represent a persistent concern that 
                results in tens of thousands of serious 
                injuries and hundreds of fatalities on the 
                roadways of the United States; and
          (3) the total annual cost associated with wildlife-
        vehicle collisions has been estimated to be 
        $8,388,000,000; and
          (4) wildlife-vehicle collisions are a major threat to 
        the survival of species, including birds, reptiles, 
        mammals, and amphibians.
  (b) Establishment.--The Secretary shall establish a 
competitive wildlife crossings pilot program (referred to in 
this section as the `pilot program') to provide grants for 
projects that seek to achieve--
          (1) a reduction in the number of wildlife-vehicle 
        collisions; and
          (2) in carrying out the purpose described in 
        paragraph (1), improved habitat connectivity for 
        terrestrial and aquatic species.
  (c) Eligible Entities.--An entity eligible to apply for a 
grant under the pilot program is--
          (1) a State highway agency, or an equivalent of that 
        agency;
          (2) a metropolitan planning organization (as defined 
        in section 134(b));
          (3) a unit of local government;
          (4) a regional transportation authority;
          (5) a special purpose district or public authority 
        with a transportation function, including a port 
        authority;
          (6) an Indian tribe (as defined in section 
        207(m)(1)), including a Native village and a Native 
        Corporation (as those terms are defined in section 3 of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 
        1602));
          (7) a Federal land management agency; or
          (8) a group of any of the entities described in 
        paragraphs (1) through (7).
  (d) Applications.--
          (1) In general.--To be eligible to receive a grant 
        under the pilot program, an eligible entity shall 
        submit to the Secretary an application at such time, in 
        such manner, and containing such information as the 
        Secretary may require.
          (2) Requirement.--If an application under paragraph 
        (1) is submitted by an eligible entity other than an 
        eligible entity described in paragraph (1) or (7) of 
        subsection (c), the application shall include 
        documentation that the State highway agency, or an 
        equivalent of that agency, of the State in which the 
        eligible entity is located was consulted during the 
        development of the application.
          (3) Guidance.--To enhance consideration of current 
        and reliable data, eligible entities may obtain 
        guidance from an agency in the State with jurisdiction 
        over fish and wildlife.
  (e) Considerations.--In selecting grant recipients under the 
pilot program, the Secretary shall take into consideration the 
following:
          (1) Primarily, the extent to which the proposed 
        project of an eligible entity is likely to protect 
        motorists and wildlife by reducing the number of 
        wildlife-vehicle collisions and improve habitat 
        connectivity for terrestrial and aquatic species.
          (2) Secondarily, the extent to which the proposed 
        project of an eligible entity is likely to accomplish 
        the following:
                  (A) Leveraging Federal investment by 
                encouraging non-Federal contributions to the 
                project, including projects from public-private 
                partnerships.
                  (B) Supporting local economic development and 
                improvement of visitation opportunities.
                  (C) Incorporation of innovative technologies, 
                including advanced design techniques and other 
                strategies to enhance efficiency and 
                effectiveness in reducing wildlife-vehicle 
                collisions and improving habitat connectivity 
                for terrestrial and aquatic species.
                  (D) Provision of educational and outreach 
                opportunities.
                  (E) Monitoring and research to evaluate, 
                compare effectiveness of, and identify best 
                practices in, selected projects.
                  (F) Any other criteria relevant to reducing 
                the number of wildlife-vehicle collisions and 
                improving habitat connectivity for terrestrial 
                and aquatic species, as the Secretary 
                determines to be appropriate, subject to the 
                condition that the implementation of the pilot 
                program shall not be delayed in the absence of 
                action by the Secretary to identify additional 
                criteria under this subparagraph.
  (f) Use of Funds.--
          (1) In general.--The Secretary shall ensure that a 
        grant received under the pilot program is used for a 
        project to reduce wildlife-vehicle collisions.
          (2) Grant administration.--
                  (A) In general.--A grant received under the 
                pilot program shall be administered by--
                          (i) in the case of a grant to a 
                        Federal land management agency or an 
                        Indian tribe (as defined in section 
                        207(m)(1)), including a Native village 
                        and a Native Corporation (as those 
                        terms are defined in section 3 of the 
                        Alaska Native Claims Settlement Act (43 
                        U.S.C. 1602)), the Federal Highway 
                        Administration, through an agreement; 
                        and
                          (ii) in the case of a grant to an 
                        eligible entity other than an eligible 
                        entity described in clause (i), the 
                        State highway agency, or an equivalent 
                        of that agency, for the State in which 
                        the project is to be carried out.
                  (B) Partnerships.--
                          (i) In general.--A grant received 
                        under the pilot program may be used to 
                        provide funds to eligible partners of 
                        the project for which the grant was 
                        received described in clause (ii), in 
                        accordance with the terms of the 
                        project agreement.
                          (ii) Eligible partners described.--
                        The eligible partners referred to in 
                        clause (i) include--
                                  (I) a metropolitan planning 
                                organization (as defined in 
                                section 134(b));
                                  (II) a unit of local 
                                government;
                                  (III) a regional 
                                transportation authority;
                                  (IV) a special purpose 
                                district or public authority 
                                with a transportation function, 
                                including a port authority;
                                  (V) an Indian tribe (as 
                                defined in section 207(m)(1)), 
                                including a Native village and 
                                a Native Corporation (as those 
                                terms are defined in section 3 
                                of the Alaska Native Claims 
                                Settlement Act (43 U.S.C. 
                                1602));
                                  (VI) a Federal land 
                                management agency;
                                  (VII) a foundation, 
                                nongovernmental organization, 
                                or institution of higher 
                                education;
                                  (VIII) a Federal, Tribal, 
                                regional, or State government 
                                entity; and
                                  (IX) a group of any of the 
                                entities described in 
                                subclauses (I) through (VIII).
          (3) Compliance.--An eligible entity that receives a 
        grant under the pilot program and enters into a 
        partnership described in paragraph (2) shall establish 
        measures to verify that an eligible partner that 
        receives funds from the grant complies with the 
        conditions of the pilot program in using those funds.
  (g) Requirement.--The Secretary shall ensure that not less 
than 60 percent of the amounts made available for grants under 
the pilot program each fiscal year are for projects located in 
rural areas.
  (h) Annual Report to Congress.--
          (1) In general.--Not later than December 31 of each 
        calendar year, the Secretary shall submit to Congress, 
        and make publicly available, a report describing the 
        activities under the pilot program for the fiscal year 
        that ends during that calendar year.
          (2) Contents.--The report under paragraph (1) shall 
        include--
                  (A) a detailed description of the activities 
                carried out under the pilot program;
                  (B) an evaluation of the effectiveness of the 
                pilot program in meeting the purposes described 
                in subsection (b); and
                  (C) policy recommendations to improve the 
                effectiveness of the pilot program.

Sec. 175. Wildlife-vehicle collision reduction and habitat connectivity 
                    improvement

  (a) Study.--
          (1) In general.--The Secretary shall conduct a study 
        (referred to in this subsection as the `study') of the 
        state, as of the date of the study, of the practice of 
        methods to reduce collisions between motorists and 
        wildlife (referred to in this section as `wildlife-
        vehicle collisions').
          (2) Contents.--
                  (A) Areas of study.--The study shall--
                          (i) update and expand on, as 
                        appropriate--
                                  (I) the report entitled 
                                `Wildlife Vehicle Collision 
                                Reduction Study: 2008 Report to 
                                Congress'; and
                                  (II) the document entitled 
                                `Wildlife Vehicle Collision 
                                Reduction Study: Best Practices 
                                Manual' and dated October 2008; 
                                and
                          (ii) include--
                                  (I) an assessment, as of the 
                                date of the study, of--
                                          (aa) the causes of 
                                        wildlife-vehicle 
                                        collisions;
                                          (bb) the impact of 
                                        wildlife-vehicle 
                                        collisions on motorists 
                                        and wildlife; and
                                          (cc) the impacts of 
                                        roads and traffic on 
                                        habitat connectivity 
                                        for terrestrial and 
                                        aquatic species; and
                                  (II) solutions and best 
                                practices for--
                                          (aa) reducing 
                                        wildlife-vehicle 
                                        collisions; and
                                          (bb) improving 
                                        habitat connectivity 
                                        for terrestrial and 
                                        aquatic species.
                  (B) Methods.--In carrying out the study, the 
                Secretary shall--
                          (i) conduct a thorough review of 
                        research and data relating to--
                                  (I) wildlife-vehicle 
                                collisions; and
                                  (II) habitat fragmentation 
                                that results from 
                                transportation infrastructure;
                          (ii) survey current practices of the 
                        Department of Transportation and State 
                        departments of transportation to reduce 
                        wildlife-vehicle collisions; and
                          (iii) consult with--
                                  (I) appropriate experts in 
                                the field of wildlife-vehicle 
                                collisions; and
                                  (II) appropriate experts on 
                                the effects of roads and 
                                traffic on habitat connectivity 
                                for terrestrial and aquatic 
                                species.
          (3) Report.--
                  (A) In general.--Not later than 18 months 
                after the date of enactment of the America's 
                Transportation Infrastructure Act of 2019, the 
                Secretary shall submit to Congress a report on 
                the results of the study.
                  (B) Contents.--The report under subparagraph 
                (A) shall include--
                          (i) a description of--
                                  (I) the causes of wildlife-
                                vehicle collisions;
                                  (II) the impacts of wildlife-
                                vehicle collisions;
                                  (III) the impacts of roads 
                                and traffic on--
                                          (aa) species listed 
                                        as threatened species 
                                        or endangered species 
                                        under the Endangered 
                                        Species Act of 1973 (16 
                                        U.S.C. 1531 et seq.);
                                          (bb) species 
                                        identified by States as 
                                        species of greatest 
                                        conservation need;
                                          (cc) species 
                                        identified in State 
                                        wildlife plans; and
                                          (dd) medium and small 
                                        terrestrial and aquatic 
                                        species;
                          (ii) an economic evaluation of the 
                        costs and benefits of installing 
                        highway infrastructure and other 
                        measures to mitigate damage to 
                        terrestrial and aquatic species, 
                        including the effect on jobs, property 
                        values, and economic growth to society, 
                        adjacent communities, and landowners;
                          (iii) recommendations for preventing 
                        wildlife-vehicle collisions, including 
                        recommended best practices, funding 
                        resources, or other recommendations for 
                        addressing wildlife-vehicle collisions; 
                        and
                          (iv) guidance, developed in 
                        consultation with Federal land 
                        management agencies and State 
                        departments of transportation, State 
                        fish and wildlife agencies, and Tribal 
                        governments that agree to participate, 
                        for developing, for each State that 
                        agrees to participate, a voluntary 
                        joint statewide transportation and 
                        wildlife action plan--
                                  (I) to address wildlife-
                                vehicle collisions; and
                                  (II) to improve habitat 
                                connectivity for terrestrial 
                                and aquatic species.
  (b) Workforce Development and Technical Training.--
          (1) In general.--Not later than 3 years after the 
        date of enactment of the America's Transportation 
        Infrastructure Act of 2019, the Secretary shall, based 
        on the study conducted under subsection (a), develop a 
        series of in-person and online workforce development 
        and technical training courses--
                  (A) to reduce wildlife-vehicle collisions; 
                and
                  (B) to improve habitat connectivity for 
                terrestrial and aquatic species.
          (2) Availability.--The Secretary shall--
                  (A) make the series of courses developed 
                under paragraph (1) available for 
                transportation and fish and wildlife 
                professionals; and
                  (B) update the series of courses not less 
                frequently than once every 2 years.
  (c) Standardization of Wildlife Collision and Carcass Data.--
          (1) Standardized methodology.--
                  (A) In general.--The Secretary, acting 
                through the Administrator of the Federal 
                Highway Administration (referred to in this 
                subsection as the `Secretary'), shall develop a 
                quality standardized methodology for collecting 
                and reporting spatially accurate wildlife 
                collision and carcass data for the National 
                Highway System, considering the practicability 
                of the methodology with respect to technology 
                and cost.
                  (B) Methodology.--In developing the 
                standardized methodology under subparagraph 
                (A), the Secretary shall--
                          (i) survey existing methodologies and 
                        sources of data collection, including 
                        the Fatality Analysis Reporting System, 
                        the General Estimates System of the 
                        National Automotive Sampling System, 
                        and the Highway Safety Information 
                        System; and
                          (ii) to the extent practicable, 
                        identify and correct limitations of 
                        those existing methodologies and 
                        sources of data collection.
                  (C) Consultation.--In developing the 
                standardized methodology under subparagraph 
                (A), the Secretary shall consult with--
                          (i) the Secretary of the Interior;
                          (ii) the Secretary of Agriculture, 
                        acting through the Chief of the Forest 
                        Service;
                          (iii) Tribal, State, and local 
                        transportation and wildlife 
                        authorities;
                          (iv) metropolitan planning 
                        organizations (as defined in section 
                        134(b));
                          (v) members of the American 
                        Association of State Highway 
                        Transportation Officials;
                          (vi) members of the Association of 
                        Fish and Wildlife Agencies;
                          (vii) experts in the field of 
                        wildlife-vehicle collisions;
                          (viii) nongovernmental organizations; 
                        and
                          (ix) other interested stakeholders, 
                        as appropriate.
          (2) Standardized national data system with voluntary 
        template implementation.--The Secretary shall--
                  (A) develop a template for State 
                implementation of a standardized national 
                wildlife collision and carcass data system for 
                the National Highway System that is based on 
                the standardized methodology developed under 
                paragraph (1); and
                  (B) encourage the voluntary implementation of 
                the template developed under subparagraph (A).
          (3) Reports.--
                  (A) Methodology.--The Secretary shall submit 
                to Congress a report describing the 
                standardized methodology developed under 
                paragraph (1) not later than the later of--
                          (i) the date that is 18 months after 
                        the date of enactment of the America's 
                        Transportation Infrastructure Act of 
                        2019; and
                          (ii) the date that is 180 days after 
                        the date on which the Secretary 
                        completes the development of the 
                        standardized methodology.
                  (B) Implementation.--Not later than 4 years 
                after the date of enactment of the America's 
                Transportation Infrastructure Act of 2019, the 
                Secretary shall submit to Congress a report 
                describing--
                          (i) the status of the voluntary 
                        implementation of the standardized 
                        methodology developed under paragraph 
                        (1) and the template developed under 
                        paragraph (2)(A);
                          (ii) whether the implementation of 
                        the standardized methodology developed 
                        under paragraph (1) and the template 
                        developed under paragraph (2)(A) has 
                        impacted efforts by States, units of 
                        local government, and other entities--
                                  (I) to reduce the number of 
                                wildlife-vehicle collisions; 
                                and
                                  (II) to improve habitat 
                                connectivity;
                          (iii) the degree of the impact 
                        described in clause (ii); and
                          (iv) the recommendations of the 
                        Secretary, including recommendations 
                        for further study aimed at reducing 
                        motorist collisions involving wildlife 
                        and improving habitat connectivity for 
                        terrestrial and aquatic species on the 
                        National Highway System, if any.
  (d) National Threshold Guidance.--The Secretary shall--
          (1) establish guidance, to be carried out by States 
        on a voluntary basis, that contains a threshold for 
        determining whether a highway shall be evaluated for 
        potential mitigation measures to reduce wildlife-
        vehicle collisions and increase habitat connectivity 
        for terrestrial and aquatic species, taking into 
        consideration--
                  (A) the number of wildlife-vehicle collisions 
                on the highway that pose a human safety risk;
                  (B) highway-related mortality and the effects 
                of traffic on the highway on--
                          (i) species listed as endangered 
                        species or threatened species under the 
                        Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                          (ii) species identified by a State as 
                        species of greatest conservation need;
                          (iii) species identified in State 
                        wildlife plans; and
                          (iv) medium and small terrestrial and 
                        aquatic species; and
                  (C) habitat connectivity values for 
                terrestrial and aquatic species and the barrier 
                effect of the highway on the movements and 
                migrations of those species.

Sec. 176. State human capital plans

  (a) In General.--Not later than 18 months after the date of 
enactment of this section, the Secretary shall encourage each 
State to develop a voluntary plan, to be known as a `human 
capital plan', that provides for the immediate and long-term 
personnel and workforce needs of the State with respect to the 
capacity of the State to deliver transportation and public 
infrastructure eligible under this title.
  (b) Plan Contents.--
          (1) In general.--A human capital plan developed by a 
        State under subsection (a) shall, to the maximum extent 
        practicable, take into consideration--
                  (A) significant transportation workforce 
                trends, needs, issues, and challenges with 
                respect to the State;
                  (B) the human capital policies, strategies, 
                and performance measures that will guide the 
                transportation-related workforce investment 
                decisions of the State;
                  (C) coordination with educational 
                institutions, industry, organized labor, 
                workforce boards, and other agencies or 
                organizations to address the human capital 
                transportation needs of the State;
                  (D) a workforce planning strategy that 
                identifies current and future human capital 
                needs, including the knowledge, skills, and 
                abilities needed to recruit and retain skilled 
                workers in the transportation industry;
                  (E) a human capital management strategy that 
                is aligned with the transportation mission, 
                goals, and organizational objectives of the 
                State;
                  (F) an implementation system for workforce 
                goals focused on addressing continuity of 
                leadership and knowledge sharing across the 
                State;
                  (G) an implementation system that addresses 
                workforce competency gaps, particularly in 
                mission-critical occupations;
                  (H) in the case of public-private 
                partnerships or other alternative project 
                delivery methods to carry out the 
                transportation program of the State, a 
                description of workforce needs--
                          (i) to ensure that the transportation 
                        mission, goals, and organizational 
                        objectives of the State are fully 
                        carried out; and
                          (ii) to ensure that procurement 
                        methods provide the best public value;
                  (I) a system for analyzing and evaluating the 
                performance of the State department of 
                transportation with respect to all aspects of 
                human capital management policies, programs, 
                and activities; and
                  (J) the manner in which the plan will improve 
                the ability of the State to meet the national 
                policy in support of performance management 
                established under section 150.
          (2) Planning period.--If a State develops a human 
        capital plan under subsection (a), the plan shall 
        address a 5-year forecast period.
  (c) Plan Updates.--If a State develops a human capital plan 
under subsection (a), the State shall update the plan not less 
frequently than once every 5 years.
  (d) Relationship to Long-range Plan.--
          (1) In general.--Subject to paragraph (2), a human 
        capital plan developed by a State under subsection (a) 
        may be developed separately from, or incorporated into, 
        the long-range statewide transportation plan required 
        under section 135.
          (2) Effect of section.--Nothing in this section 
        requires a State, or authorizes the Secretary to 
        require a State, to incorporate a human capital plan 
        into the long-range statewide transportation plan 
        required under section 135.
  (e) Public Availability.--Each State that develops a human 
capital plan under subsection (a) shall make a copy of the plan 
available to the public in a user-friendly format on the 
website of the State department of transportation.
  (f) Savings Provision.--Nothing in this section prevents a 
State from carrying out transportation workforce planning--
          (1) not described in this section; or
          (2) not in accordance with this section.

Sec. 177. Formula carbon reduction incentive program

  (a) Definitions.--In this section:
          (1) Metropolitan planning organization; urbanized 
        area.--The terms `metropolitan planning organization' 
        and `urbanized area' have the meaning given those terms 
        in section 134(b).
          (2) Transportation emissions.--The term 
        `transportation emissions' means carbon dioxide 
        emissions from on-road highway sources of those 
        emissions within a State.
          (3) Transportation management area.--The term 
        `transportation management area' means a transportation 
        management area identified or designated by the 
        Secretary under section 134(k)(1).
  (b) Formula Carbon Reduction Awards.--
          (1) In general.--For each fiscal year, the Secretary 
        shall distribute among the States the amounts made 
        available to carry out this section for that fiscal 
        year in accordance with paragraph (2).
          (2) Distribution.--The amount for each State shall be 
        determined by multiplying the total amount made 
        available to carry out this section for the applicable 
        fiscal year by the ratio that--
                  (A) the total base apportionment for the 
                State under section 104(c); bears to
                  (B) the total base apportionments for all 
                States under section 104(c).
  (c) Emissions Reduction Supplemental.--
          (1) In general.--A State shall use 50 percent of the 
        amount distributed to the State under subsection (b) 
        for each fiscal year to carry out activities under 
        paragraph (2).
          (2) Eligible activities.--Subject to paragraph (3), a 
        State and any metropolitan planning organization that 
        is required to obligate funds in accordance with 
        subsection (e) shall use the funds under paragraph (1) 
        for activities designed to reduce transportation 
        emissions, including--
                  (A) a project described in paragraph (4), 
                (5), (7), (8), or (11) of subsection (b) of 
                section 149 or subsection (c)(2) of that 
                section, regardless of whether the project--
                          (i) is located in an area designated 
                        as a nonattainment or maintenance area, 
                        as described in section 149(b); or
                          (ii) is likely to contribute to the 
                        attainment or maintenance in the area 
                        of a national ambient air quality 
                        standard;
                  (B) a project that is eligible for assistance 
                under section 142;
                  (C) a project for the provision of facilities 
                for pedestrians and bicyclists (including the 
                conversion and use of rail corridors for 
                pedestrian and bike trails);
                  (D) a project that is described in section 
                503(c)(4)(E);
                  (E) a project to reduce emissions from port-
                related equipment and vehicles;
                  (F) a project to replace street lighting and 
                traffic control devices with energy efficient 
                alternatives; and
                  (G) the development of a carbon reduction 
                strategy under subsection (d)(1)(A).
          (3) Limitation.--No funds provided under paragraph 
        (1) may be used for a project that will result in the 
        construction of new capacity available to single-
        occupant vehicles.
          (4) Federal share.--The Federal share of the cost of 
        a project carried out with funds under paragraph (1) 
        shall be determined in accordance with section 120.
  (d) Carbon Reduction Strategy Planning Incentive.--
          (1) Carbon reduction strategy.--
                  (A) In general.--A State may, in consultation 
                with a metropolitan planning organization 
                within the State, develop a carbon reduction 
                strategy.
                  (B) Requirements.--If a State develops a 
                carbon reduction strategy under subparagraph 
                (A), the carbon reduction strategy shall--
                          (i) identify projects and strategies 
                        to reduce transportation emissions, 
                        which may include projects and 
                        strategies for safe, reliable, and 
                        cost-effective options--
                                  (I) to reduce traffic 
                                congestion on Federal-aid 
                                highways located within the 
                                State or the area served by the 
                                metropolitan planning 
                                organization, as applicable;
                                  (II) to facilitate the use of 
                                alternatives to single-occupant 
                                vehicle trips, including public 
                                transportation facilities, 
                                pedestrian facilities, bicycle 
                                facilities, and shared or 
                                pooled vehicle trips within the 
                                State or an area served by the 
                                metropolitan planning 
                                organization, if any;
                                  (III) to facilitate the use 
                                of vehicles or modes of travel 
                                that result in lower 
                                transportation emissions per 
                                person-mile traveled; and
                                  (IV) to facilitate approaches 
                                to transportation asset 
                                construction and maintenance 
                                that result in lower 
                                transportation emissions;
                          (ii) set targets for the reduction of 
                        transportation emissions and 
                        implementation of the projects and 
                        strategies identified under clause (i);
                          (iii) be appropriate to the 
                        population density and context of the 
                        State, including a metropolitan 
                        planning organization within the State, 
                        if any;
                          (iv) provide a reasonable opportunity 
                        for participation and review by 
                        interested parties within the State;
                          (v) be updated not less frequently 
                        than once every 3 years; and
                          (vi) be reviewed and certified by the 
                        Secretary to have met the requirements 
                        of this subparagraph.
          (2) Carbon reduction strategy planning incentive.--
                  (A) In general.--A State shall use 50 percent 
                of the amounts made available to the State 
                under subsection (b) for each fiscal year for 
                the eligible activities under subparagraph (B).
                  (B) Eligible activities.--
                          (i) In general.--A State and any 
                        metropolitan planning organization in 
                        the State that is required to obligate 
                        funds in accordance with subsection (e) 
                        may use the funds under subparagraph 
                        (A) for a project or strategy described 
                        in subsection (c)(2).
                          (ii) Additional eligibility 
                        incentive.--In addition to the eligible 
                        activities under clause (i), a State 
                        and any metropolitan planning 
                        organization in the State that is 
                        required to obligate funds in 
                        accordance with subsection (e) may use 
                        the funds under subparagraph (A) for a 
                        project eligible under section 133(b) 
                        if--
                                  (I) the State has, within the 
                                fiscal year prior to the fiscal 
                                year in which the Secretary is 
                                making the grant or by a 
                                deadline established by the 
                                Secretary in the fiscal year in 
                                which the Secretary is making 
                                the grant, developed a carbon 
                                reduction strategy under 
                                paragraph (1)(A) that has been 
                                approved by the Secretary under 
                                clause (vi) of that paragraph; 
                                or
                                  ``(II) the State or 
                                metropolitan planning 
                                organization has, within the 4 
                                fiscal years prior to the 
                                fiscal year in which the 
                                Secretary is making the grant 
                                or by a deadline established by 
                                the Secretary in the fiscal 
                                year in which the Secretary is 
                                making the grant, incorporated 
                                a carbon reduction strategy 
                                under paragraph (1)(A) into--
                                          (aa) a long-range 
                                        transportation plan 
                                        developed by the 
                                        metropolitan planning 
                                        organization under 
                                        section 134(c), if any; 
                                        and
                                          (bb) the long-range 
                                        statewide 
                                        transportation plan 
                                        developed by the State 
                                        under section 
                                        135(f)(1).
                  (C) Federal share.--The Federal share of the 
                cost of a project carried out using funds under 
                subparagraph (A) shall be--
                          (i) in the case of a State or 
                        metropolitan planning organization 
                        within a State that meets the 
                        requirements under subparagraph 
                        (B)(ii), up to 100 percent, at the 
                        discretion of the State; and
                          (ii) in the case of a State or 
                        metropolitan planning organization 
                        within a State that is not described in 
                        clause (i), determined in accordance 
                        with section 120.
  (e) Suballocation Requirements.--
          (1) In general.--For each fiscal year, of the funds 
        made available to a State under subsections (c) and 
        (d)--
                  (A) 65 percent of each amount shall be 
                obligated, in proportion to their relative 
                shares of the population of the State--
                          (i) in urbanized areas of the State 
                        with an urbanized area population of 
                        over 200,000; and
                          (ii) in other areas of the State; and
                  (B) the remainder may be obligated in any 
                area of the State.
          (2) Metropolitan areas.--Funds attributed to an 
        urbanized area under paragraph (1)(A)(i) may be 
        obligated in the metropolitan area established under 
        section 134 that encompasses the urbanized area.
          (3) Distribution among urbanized areas of over 
        200,000 population.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the amount that a State is 
                required to obligate under paragraph (1)(A)(i) 
                shall be obligated in urbanized areas described 
                in paragraph (1)(A)(i) based on the relative 
                population of the areas.
                  (B) Other factors.--The State may obligate 
                the funds described in subparagraph (A) based 
                on other factors if--
                          (i) the State and the relevant 
                        metropolitan planning organizations 
                        jointly apply to the Secretary for the 
                        permission to base the obligation on 
                        other factors; and
                          (ii) the Secretary grants the 
                        request.
          (4) Consultation in urbanized areas.--Before 
        obligating funds for an eligible activity under 
        subsection (c) or (d) in an urbanized area that is not 
        a transportation management area, a State shall consult 
        with any metropolitan planning organization that 
        represents the urbanized area prior to determining 
        which activities should be carried out.
          (5) Consultation in rural areas.--Before obligating 
        funds for an eligible activity under subsection (c) or 
        (d) in a rural area, a State shall consult with any 
        regional transportation planning organization or 
        metropolitan planning organization that represents the 
        rural area prior to determining which activities should 
        be carried out.

Sec. 178. Carbon reduction performance program

  (a) Definitions.--In this section:
          (1) Metropolitan planning organization; urbanized 
        area.--The terms `metropolitan planning organization' 
        and `urbanized area' have the meaning given those terms 
        in section 134(b).
          (2) Qualifying state.--The term `qualifying State' 
        means a State in which--
                  (A) the average annual transportation 
                emissions within the State has grown more 
                slowly or declined during the most recent 2-
                calendar year period for which data are 
                available for transportation emissions at the 
                time the Secretary is making the grant under 
                this section, as compared to the 2-calendar 
                year period that immediately precedes that 
                period; or
                  (B) the average annual transportation 
                emissions within the State, as estimated on a 
                per capita basis, has grown more slowly or 
                declined during the most recent 2-calendar year 
                period for which data are available for 
                transportation emissions at the time the 
                Secretary is making the grant under this 
                section, as compared to the 2-calendar year 
                period that immediately precedes that period.
          (3) Qualifying unit of local government.--The term 
        `qualifying unit of local government' means a unit of 
        local government in an urbanized area served by a 
        metropolitan planning organization, in which--
                  (A) the average annual transportation 
                emissions within the urbanized area has grown 
                more slowly or declined during the most recent 
                2-calendar year period for which data are 
                available for transportation emissions at the 
                time the Secretary is making the grant under 
                this section, as compared to the 2-calendar 
                year period that immediately precedes that 
                period; or
                  (B) the average annual transportation 
                emissions within the urbanized area, as 
                estimated on a per capita basis, has grown more 
                slowly or declined during the most recent 2-
                calendar year period for which data are 
                available for transportation emissions at the 
                time the Secretary is making the grant under 
                this section, as compared to the 2-calendar 
                year period that immediately precedes that 
                period.
          (4) Transportation emissions.--The term 
        `transportation emissions' has the meaning given the 
        term in section 177(a).
  (b) Carbon Reduction Performance and Planning Recognition 
Awards.--
          (1) In general.--The Secretary shall establish a 
        competitive grant program to award grants to eligible 
        entities in recognition of the achievement of the 
        eligible entity in meeting the performance categories 
        described in paragraph (3)(A).
          (2) Eligible entities.--The Secretary shall 
        distribute amounts under paragraph (1) to any of the 
        following:
                  (A) A qualifying State.
                  (B) A qualifying unit of local government.
          (3) Performance categories.--
                  (A) In general.--The Secretary shall select 
                eligible entities to receive a grant under 
                paragraph (1) to recognize the achievement of 
                the eligible entity in meeting any of the 
                following performance categories:
                          (i) A significant reduction in 
                        transportation emissions, as estimated 
                        on a per unit of economic output basis.
                          (ii) A significant reduction in 
                        transportation emissions, as estimated 
                        on a per capita basis.
                          (iii) Transportation emissions, as 
                        estimated on a per unit of economic 
                        output basis, that are among the lowest 
                        of jurisdictions with comparable 
                        population and surface transportation 
                        system characteristics.
                          (iv) Transportation emissions, as 
                        estimated on a per capita basis, that 
                        are among the lowest of jurisdictions 
                        with comparable population and surface 
                        transportation system characteristics.
                          (v) Innovative planning efforts and 
                        the implementation of a carbon 
                        reduction strategy under section 
                        177(d)(1)(A) or plans that lead to a 
                        reduction in transportation emissions.
                  (B) Merit based distribution.--In selecting 
                among eligible entities to receive grants under 
                paragraph (1) and the amount of each of those 
                grants, the Secretary shall give priority to 
                eligible entities that have achieved the most 
                significant levels of reductions of 
                transportation emissions, as estimated on 
                either a per unit of economic basis or on a per 
                capita basis.
                  (C) Multiple awards.--The Secretary may--
                          (i) award a grant under paragraph (1) 
                        to multiple eligible entities for each 
                        performance category described in 
                        subparagraph (A); and
                          (ii) recognize achievements in each 
                        performance category described in 
                        subparagraph (A)--
                                  (I) in urban and rural areas; 
                                and
                                  (II) on the State and local 
                                level.
                  (D) Repeat awards.--The Secretary may not 
                award a grant under this subsection to the same 
                eligible entity more than once in a 2-year 
                period.
          (4) Award amount.--A grant under paragraph (1) shall 
        be in an amount--
                  (A) not less than $5,000,000; and
                  (B) not more than $30,000,000.
          (5) Eligible uses.--An eligible entity may use a 
        grant under paragraph (1) for--
                  (A) an activity eligible under this title; 
                and
                  (B) a project--
                          (i) to maintain the condition of a 
                        Federal-aid highway, including routine 
                        maintenance; or
                          (ii) that--
                                  (I) responds to a specific 
                                condition or event; and
                                  (II) restores a Federal-aid 
                                highway to a functional state 
                                of operations.
          (6) Applications.--To be eligible to receive a grant 
        under paragraph (1), an eligible entity shall submit to 
        the Secretary an application at such time, in such 
        manner, and containing such information as the 
        Secretary may require.
          (7) Federal share.--The Federal share of the cost of 
        a project carried out using a grant under paragraph (1) 
        shall be, as determined at the discretion of the grant 
        recipient, up to 100 percent.
           * * * * * * *

Sec. 179. Promoting Resilient Operations for Transformative, Efficient, 
                    and Cost-saving Transportation (PROTECT) grant 
                    program

  (a) Definitions.--In this section:
          (1) Emergency event.--The term `emergency event' 
        means a natural disaster or catastrophic failure 
        resulting in--
                  (A) an emergency declared by the Governor of 
                the State in which the disaster or failure 
                occurred; or
                  (B) an emergency or disaster declared by the 
                President.
          (2) Evacuation route.--The term `evacuation route' 
        means a transportation route or system that--
                  (A) is owned, operated, or maintained by a 
                Federal, State, Tribal, or local government or 
                a private entity;
                  (B) is used--
                          (i) to transport the public away from 
                        emergency events; or
                          (ii) to transport emergency 
                        responders and recovery resources; and
                  (C) is designated by the eligible entity with 
                jurisdiction over the area in which the route 
                is located for the purposes described in 
                subparagraph (B).
          (3) Program.--The term `program' means the grant 
        program established under subsection (b)(1).
          (4) Resilience improvement.--The term `resilience 
        improvement' means the use of materials or structural 
        or nonstructural techniques, including natural 
        infrastructure--
                  (A) that allow a project--
                          (i) to better anticipate, prepare 
                        for, and adapt to changing conditions 
                        and to withstand and respond to 
                        disruptions; and
                          (ii) to be better able to continue to 
                        serve the primary function of the 
                        project during and after weather events 
                        and natural disasters for the expected 
                        life of the project; or
                  (B) that--
                          (i) reduce the magnitude and duration 
                        of impacts of current and future 
                        weather events and natural disasters to 
                        a project; or
                          (ii) have the absorptive capacity, 
                        adaptive capacity, and recoverability 
                        to decrease project vulnerability to 
                        current and future weather events or 
                        natural disasters.
  (b) Establishment.--
          (1) In general.--The Secretary shall establish a 
        grant program, to be known as the `Promoting Resilient 
        Operations for Transformative, Efficient, and Cost-
        saving Transportation grant program' or the `PROTECT 
        grant program'.
          (2) Purpose.--The purpose of the program is to 
        provide grants for resilience improvements through--
                  (A) formula funding distributed to States;
                  (B) competitive planning grants to enable 
                communities to assess vulnerabilities to 
                current and future weather events and natural 
                disasters and changing conditions, including 
                sea level rise, and plan infrastructure 
                improvements and emergency response strategies 
                to address those vulnerabilities; and
                  (C) competitive resilience improvement grants 
                to protect--
                          (i) infrastructure assets by making 
                        the assets more resilient to current 
                        and future weather events and natural 
                        disasters, such as severe storms, 
                        flooding, drought, levee and dam 
                        failures, wildfire, rockslides, 
                        mudslides, sea level rise, extreme 
                        weather, including extreme temperature, 
                        and earthquakes;
                          (ii) communities through resilience 
                        improvements and strategies that allow 
                        for the continued operation or rapid 
                        recovery of surface transportation 
                        systems that--
                                  (I) serve critical local, 
                                regional, and national needs, 
                                including evacuation routes; 
                                and
                                  (II) provide access or 
                                service to hospitals and other 
                                medical or emergency service 
                                facilities, major employers, 
                                critical manufacturing centers, 
                                ports and intermodal 
                                facilities, utilities, and 
                                Federal facilities;
                          (iii) coastal infrastructure, such as 
                        a tide gate, that is at long-term risk 
                        to sea level rise; and
                          (iv) natural infrastructure that 
                        protects and enhances surface 
                        transportation assets while improving 
                        ecosystem conditions, including 
                        culverts that ensure adequate flows in 
                        rivers and estuarine systems.
  (c) Formula Awards.--
          (1) Distribution of funds to states.--
                  (A) In general.--For each fiscal year, the 
                Secretary shall distribute among the States the 
                amounts made available to carry out this 
                subsection for that fiscal year in accordance 
                with subparagraph (B).
                  (B) Distribution.--The amount for each State 
                shall be determined by multiplying the total 
                amount made available to carry out this 
                subsection for the applicable fiscal year by 
                the ratio that--
                          (i) the total base apportionment for 
                        the State under section 104(c); bears 
                        to
                          (ii) the total base apportionments 
                        for all States under section 104(c).
          (2) Eligible activities.--
                  (A) In general.--Except as provided in 
                subparagraph (B), a State shall use funds made 
                available under paragraph (1) to carry out 
                activities eligible under subparagraph (A), 
                (B), or (C) of subsection (d)(4).
                  (B) Planning set-aside.--Of the amounts made 
                available to each State under paragraph (1) for 
                each fiscal year, not less than 2 percent shall 
                be for activities described in subsection 
                (d)(3).
          (3) Requirements.--
                  (A) Projects in certain areas.--If a project 
                under this subsection is carried out, in whole 
                or in part, within a base floodplain, the State 
                shall--
                          (i) identify the base floodplain in 
                        which the project is to be located and 
                        disclose that information to the 
                        Secretary; and
                          (ii) indicate to the Secretary 
                        whether the State plans to implement 1 
                        or more components of the risk 
                        mitigation plan under section 322 of 
                        the Robert T. Stafford Disaster Relief 
                        and Emergency Assistance Act (42 U.S.C. 
                        5165) with respect to the area.
                  (B) Eligibilities.--A State shall use funds 
                made available under paragraph (1) for--
                          (i) a highway project eligible for 
                        assistance under this title;
                          (ii) a public transportation facility 
                        or service eligible for assistance 
                        under chapter 53 of title 49;
                          (iii) a facility or service for 
                        intercity rail passenger transportation 
                        (as defined in section 24102 of title 
                        49); or
                          (iv) a port facility, including a 
                        facility that--
                                  (I) connects a port to other 
                                modes of transportation;
                                  (II) improves the efficiency 
                                of evacuations and disaster 
                                relief; or
                                  (III) aids transportation.
                  (C) System resilience.--A project carried out 
                by a State with funds made available under this 
                subsection may include the use of natural 
                infrastructure or the construction or 
                modification of storm surge, flood protection, 
                or aquatic ecosystem restoration elements that 
                are functionally connected to a transportation 
                improvement, such as--
                          (i) increasing marsh health and total 
                        area adjacent to a highway right-of-way 
                        to promote additional flood storage;
                          (ii) upgrades to and installing of 
                        culverts designed to withstand 100-year 
                        flood events;
                          (iii) upgrades to and installation of 
                        tide gates to protect highways; and
                          (iv) upgrades to and installation of 
                        flood gates to protect tunnel 
                        entrances.
                  (D) Federal cost share.--
                          (i) In general.--Except as provided 
                        in subsection (f)(1), the Federal share 
                        of the cost of a project carried out 
                        using funds made available under 
                        paragraph (1) shall not exceed 80 
                        percent of the total project cost.
                          (ii) Non-federal share.--A State may 
                        use Federal funds other than Federal 
                        funds made available under this 
                        subsection to meet the non-Federal cost 
                        share requirement for a project under 
                        this subsection.
                  (E) Eligible project costs.--
                          (i) In general.--Except as provided 
                        in clause (ii), eligible project costs 
                        for activities carried out by a State 
                        with funds made available under 
                        paragraph (1) may include the costs 
                        of--
                                  (I) development phase 
                                activities, including planning, 
                                feasibility analysis, revenue 
                                forecasting, environmental 
                                review, preliminary engineering 
                                and design work, and other 
                                preconstruction activities; and
                                  (II) construction, 
                                reconstruction, rehabilitation, 
                                and acquisition of real 
                                property (including land 
                                related to the project and 
                                improvements to land), 
                                environmental mitigation, 
                                construction contingencies, 
                                acquisition of equipment 
                                directly related to improving 
                                system performance, and 
                                operational improvements.
                          (ii) Eligible planning costs.--In the 
                        case of a planning activity described 
                        in subsection (d)(3) that is carried 
                        out by a State with funds made 
                        available under paragraph (1), eligible 
                        costs may include development phase 
                        activities, including planning, 
                        feasibility analysis, revenue 
                        forecasting, environmental review, 
                        preliminary engineering and design 
                        work, other preconstruction activities, 
                        and other activities consistent with 
                        carrying out the purposes of subsection 
                        (d)(3).
                  (F) Limitations.--In carrying out this 
                subsection, a State--
                          (i) may use not more than 25 percent 
                        of the amounts made available under 
                        this subsection for the construction of 
                        new capacity; and
                          (ii) may use not more than 10 percent 
                        of the amounts made available under 
                        this subsection for activities 
                        described in subparagraph (E)(i)(I).
  (d) Competitive Awards.--
          (1) In general.--In addition to funds distributed to 
        States under subsection (c)(1), the Secretary shall 
        provide grants on a competitive basis under this 
        subsection to eligible entities described in paragraph 
        (2).
          (2) Eligible entities.--The Secretary may make a 
        grant under this subsection to any of the following:
                  (A) A State or political subdivision of a 
                State.
                  (B) A metropolitan planning organization.
                  (C) A unit of local government.
                  (D) A special purpose district or public 
                authority with a transportation function, 
                including a port authority.
                  (E) An Indian tribe (as defined in section 
                207(m)(1)).
                  (F) A Federal land management agency that 
                applies jointly with a State or group of 
                States.
                  (G) A multi-State or multijurisdictional 
                group of entities described in subparagraphs 
                (A) through (F).
          (3) Planning grants.--Using funds made available 
        under this subsection, the Secretary shall provide 
        planning grants to eligible entities for the purpose 
        of--
                  (A) in the case of a State or metropolitan 
                planning organization, developing a resilience 
                improvement plan under subsection (f)(2);
                  (B) resilience planning, predesign, design, 
                or the development of data tools to simulate 
                transportation disruption scenarios, including 
                vulnerability assessments;
                  (C) technical capacity building by the 
                eligible entity to facilitate the ability of 
                the eligible entity to assess the 
                vulnerabilities of the infrastructure assets 
                and community response strategies of the 
                eligible entity under current conditions and a 
                range of potential future conditions; or
                  (D) evacuation planning and preparation.
          (4) Resilience grants.--
                  (A) Resilience improvement grants.--
                          (i) In general.--Using funds made 
                        available under this subsection, the 
                        Secretary shall provide resilience 
                        improvement grants to eligible entities 
                        to carry out 1 or more eligible 
                        activities under clause (ii).
                          (ii) Eligible activities.--
                                  (I) In general.--An eligible 
                                entity may use a resilience 
                                improvement grant under this 
                                subparagraph for 1 or more 
                                construction activities to 
                                enable an existing surface 
                                transportation infrastructure 
                                asset to withstand 1 or more 
                                elements of a weather event or 
                                natural disaster, or to 
                                increase the resilience of 
                                surface transportation 
                                infrastructure from the impacts 
                                of changing conditions, such as 
                                sea level rise, flooding, 
                                extreme weather events, and 
                                other natural disasters.
                                  (II) Inclusions.--An activity 
                                eligible to be carried out 
                                under this subparagraph 
                                includes--
                                          (aa) resurfacing, 
                                        restoration, 
                                        rehabilitation, 
                                        reconstruction, 
                                        replacement, 
                                        improvement, or 
                                        realignment of an 
                                        existing surface 
                                        transportation facility 
                                        eligible for assistance 
                                        under this title;
                                          (bb) the 
                                        incorporation of 
                                        natural infrastructure;
                                          (cc) the upgrade of 
                                        an existing surface 
                                        transportation facility 
                                        to meet or exceed 
                                        Federal Highway 
                                        Administration approved 
                                        design standards;
                                          (dd) the installation 
                                        of mitigation measures 
                                        that prevent the 
                                        intrusion of 
                                        floodwaters into 
                                        surface transportation 
                                        systems;
                                          (ee) strengthening 
                                        systems that remove 
                                        rainwater from surface 
                                        transportation 
                                        facilities;
                                          (ff) a resilience 
                                        project that addresses 
                                        identified 
                                        vulnerabilities 
                                        described in the 
                                        resilience improvement 
                                        plan of the eligible 
                                        entity, if applicable;
                                          (gg) relocating 
                                        roadways in a base 
                                        floodplain to higher 
                                        ground above projected 
                                        flood elevation levels, 
                                        or away from slide 
                                        prone areas;
                                          (hh) stabilizing 
                                        slide areas or slopes;
                                          (ii) installing 
                                        riprap;
                                          (jj) lengthening or 
                                        raising bridges to 
                                        increase waterway 
                                        openings, including to 
                                        respond to extreme 
                                        weather;
                                          (kk) deepening 
                                        channels to prevent 
                                        flooding;
                                          (ll) increasing the 
                                        size or number of 
                                        drainage structures;
                                          (mm) installing 
                                        seismic retrofits on 
                                        bridges;
                                          (nn) adding scour 
                                        protection at bridges;
                                          (oo) adding scour, 
                                        stream stability, 
                                        coastal, and other 
                                        hydraulic 
                                        countermeasures, 
                                        including spur dikes; 
                                        and
                                          (pp) any other 
                                        protective features, 
                                        including natural 
                                        infrastructure, as 
                                        determined by the 
                                        Secretary.
                          (iii) Priority.--The Secretary shall 
                        prioritize a resilience improvement 
                        grant to an eligible entity if--
                                  (I) the Secretary 
                                determines--
                                          (aa) the benefits of 
                                        the eligible activity 
                                        proposed to be carried 
                                        out by the eligible 
                                        entity exceed the costs 
                                        of the activity; and
                                          (bb) there is a need 
                                        to address the 
                                        vulnerabilities of 
                                        infrastructure assets 
                                        of the eligible entity 
                                        with a high risk of, 
                                        and impacts associated 
                                        with, failure due to 
                                        the impacts of weather 
                                        events, natural 
                                        disasters, or changing 
                                        conditions, such as sea 
                                        level rise and 
                                        increased flood risk; 
                                        or
                                  (II) the eligible activity 
                                proposed to be carried out by 
                                the eligible entity is included 
                                in the applicable resilience 
                                improvement plan under 
                                subsection (f)(2).
                  (B) Community resilience and evacuation route 
                grants.--
                          (i) In general.--Using funds made 
                        available under this subsection, the 
                        Secretary shall provide community 
                        resilience and evacuation route grants 
                        to eligible entities to carry out 1 or 
                        more eligible activities under clause 
                        (ii).
                          (ii) Eligible activities.--An 
                        eligible entity may use a community 
                        resilience and evacuation route grant 
                        under this subparagraph for 1 or more 
                        projects that strengthen and protect 
                        evacuation routes that are essential 
                        for providing and supporting 
                        evacuations caused by emergency events, 
                        including a project that--
                                  (I) is an eligible activity 
                                under subparagraph (A)(ii), if 
                                that eligible activity will 
                                improve an evacuation route;
                                  (II) ensures the ability of 
                                the evacuation route to provide 
                                safe passage during an 
                                evacuation and reduces the risk 
                                of damage to evacuation routes 
                                as a result of future emergency 
                                events, including restoring or 
                                replacing existing evacuation 
                                routes that are in poor 
                                condition or not designed to 
                                meet the anticipated demand 
                                during an emergency event, and 
                                including steps to protect 
                                routes from mud, rock, or other 
                                debris slides;
                                  (III) if the Secretary 
                                determines that existing 
                                evacuation routes are not 
                                sufficient to adequately 
                                facilitate evacuations, 
                                including the transportation of 
                                emergency responders and 
                                recovery resources, expands the 
                                capacity of evacuation routes 
                                to swiftly and safely 
                                accommodate evacuations, 
                                including installation of--
                                          (aa) communications 
                                        and intelligent 
                                        transportation system 
                                        equipment and 
                                        infrastructure;
                                          (bb) counterflow 
                                        measures; or
                                          (cc) shoulders;
                                  (IV) is for the construction 
                                of--
                                          (aa) new or redundant 
                                        evacuation routes, if 
                                        the Secretary 
                                        determines that 
                                        existing evacuation 
                                        routes are not 
                                        sufficient to 
                                        adequately facilitate 
                                        evacuations, including 
                                        the transportation of 
                                        emergency responders 
                                        and recovery resources; 
                                        or
                                          (bb) sheltering 
                                        facilities that are 
                                        functionally connected 
                                        to an eligible project;
                                  (V) is for the acquisition of 
                                evacuation route or traffic 
                                incident management equipment, 
                                vehicles, or signage; or
                                  (VI) will ensure access or 
                                service to critical 
                                destinations, including 
                                hospitals and other medical or 
                                emergency service facilities, 
                                major employers, critical 
                                manufacturing centers, ports 
                                and intermodal facilities, 
                                utilities, and Federal 
                                facilities.
                          (iii) Priority.--The Secretary shall 
                        prioritize community resilience and 
                        evacuation route grants under this 
                        subparagraph for eligible activities 
                        that are cost-effective, as determined 
                        by the Secretary, taking into account--
                                  (I) current and future 
                                vulnerabilities to an 
                                evacuation route due to future 
                                occurrence or recurrence of 
                                emergency events that are 
                                likely to occur in the 
                                geographic area in which the 
                                evacuation route is located; 
                                and
                                  (II) projected changes in 
                                development patterns, 
                                demographics, and extreme 
                                weather events based on the 
                                best available evidence and 
                                analysis.
                          (iv) Consultation.--In providing 
                        grants for community resilience and 
                        evacuation routes under this 
                        subparagraph, the Secretary shall 
                        consult with the Administrator of the 
                        Federal Emergency Management Agency, 
                        who shall provide technical assistance 
                        to the Secretary and to eligible 
                        entities.
                  (C) At-risk coastal infrastructure grants.--
                          (i) Definition of coastal state.--In 
                        this subparagraph, the term `coastal 
                        State' means--
                                  (I) a State in, or bordering 
                                on, the Atlantic, Pacific, or 
                                Arctic Ocean, the Gulf of 
                                Mexico, Long Island Sound, or 1 
                                or more of the Great Lakes;
                                  (II) the United States Virgin 
                                Islands;
                                  (III) Guam;
                                  (IV) American Samoa; and
                                  (V) the Commonwealth of the 
                                Northern Mariana Islands.
                          (ii) Grants.--Using funds made 
                        available under this subsection, the 
                        Secretary shall provide at-risk coastal 
                        infrastructure grants to eligible 
                        entities in coastal States to carry out 
                        1 or more eligible activities under 
                        clause (iii).
                          (iii) Eligible activities.--An 
                        eligible entity may use an at-risk 
                        coastal infrastructure grant under this 
                        subparagraph for strengthening, 
                        stabilizing, hardening, elevating, 
                        relocating, or otherwise enhancing the 
                        resilience of highway and non-rail 
                        infrastructure, including bridges, 
                        roads, pedestrian walkways, and bicycle 
                        lanes, and associated infrastructure, 
                        such as culverts and tide gates, that 
                        are subject to, or face increased long-
                        term future risks of, a weather event, 
                        a natural disaster, or changing 
                        conditions, including coastal flooding, 
                        coastal erosion, wave action, storm 
                        surge, or sea level rise, in order to 
                        improve transportation and public 
                        safety and to reduce costs by avoiding 
                        larger future maintenance or rebuilding 
                        costs.
                          (iv) Criteria.--The Secretary shall 
                        provide at-risk coastal infrastructure 
                        grants under this subparagraph for a 
                        project--
                                  (I) that addresses the risks 
                                from a current or future 
                                weather event or natural 
                                disaster, including coastal 
                                flooding, coastal erosion, wave 
                                action, storm surge, or sea 
                                level change; and
                                  (II) that reduces long-term 
                                infrastructure costs by 
                                avoiding larger future 
                                maintenance or rebuilding 
                                costs.
                          (v) Coastal benefits.--In addition to 
                        the criteria under clause (iv), for the 
                        purpose of providing at-risk coastal 
                        infrastructure grants under this 
                        subparagraph, the Secretary shall 
                        evaluate the extent to which a project 
                        will provide--
                                  (I) access to coastal homes, 
                                businesses, communities, and 
                                other critical infrastructure, 
                                including access by first 
                                responders and other emergency 
                                personnel; or
                                  (II) access to a designated 
                                evacuation route.
          (5) Grant requirements.--
                  (A) Solicitations for grants.--In providing 
                grants under this subsection, the Secretary 
                shall conduct a transparent and competitive 
                national solicitation process to select 
                eligible projects to receive grants under 
                paragraph (3) and subparagraphs (A), (B), and 
                (C) of paragraph (4).
                  (B) Applications.--
                          (i) In general.--To be eligible to 
                        receive a grant under paragraph (3) or 
                        subparagraph (A), (B), or (C) of 
                        paragraph (4), an eligible entity shall 
                        submit to the Secretary an application 
                        in such form, at such time, and 
                        containing such information as the 
                        Secretary determines to be necessary.
                          (ii) Projects in certain areas.--If a 
                        project is proposed to be carried out 
                        by the eligible entity, in whole or in 
                        part, within a base floodplain, the 
                        eligible entity shall--
                                  (I) as part of the 
                                application, identify the 
                                floodplain in which the project 
                                is to be located and disclose 
                                that information to the 
                                Secretary; and
                                  (II) indicate in the 
                                application whether, if 
                                selected, the eligible entity 
                                will implement 1 or more 
                                components of the risk 
                                mitigation plan under section 
                                322 of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5165) 
                                with respect to the area.
                  (C) Eligibilities.--The Secretary may make a 
                grant under paragraph (3) or subparagraph (A), 
                (B), or (C) of paragraph (4) only for--
                          (i) a highway project eligible for 
                        assistance under this title;
                          (ii) a public transportation facility 
                        or service eligible for assistance 
                        under chapter 53 of title 49;
                          (iii) a facility or service for 
                        intercity rail passenger transportation 
                        (as defined in section 24102 of title 
                        49); or
                          (iv) a port facility, including a 
                        facility that--
                                  (I) connects a port to other 
                                modes of transportation;
                                  (II) improves the efficiency 
                                of evacuations and disaster 
                                relief; or
                                  (III) aids transportation.
                  (D) System resilience.--A project for which a 
                grant is provided under paragraph (3) or 
                subparagraph (A), (B), or (C) of paragraph (4) 
                may include the use of natural infrastructure 
                or the construction or modification of storm 
                surge, flood protection, or aquatic ecosystem 
                restoration elements that the Secretary 
                determines are functionally connected to a 
                transportation improvement, such as--
                          (i) increasing marsh health and total 
                        area adjacent to a highway right-of-way 
                        to promote additional flood storage;
                          (ii) upgrades to and installing of 
                        culverts designed to withstand 100-year 
                        flood events;
                          (iii) upgrades to and installation of 
                        tide gates to protect highways; and
                          (iv) upgrades to and installation of 
                        flood gates to protect tunnel 
                        entrances.
                  (E) Federal cost share.--
                          (i) Planning grant.--The Federal 
                        share of the cost of a planning 
                        activity carried out using a planning 
                        grant under paragraph (3) shall be 100 
                        percent.
                          (ii) Resilience grants.--
                                  (I) In general.--Except as 
                                provided in subclause (II) and 
                                subsection (f)(1), the Federal 
                                share of the cost of a project 
                                carried out using a grant under 
                                subparagraph (A), (B), or (C) 
                                of paragraph (4) shall not 
                                exceed 80 percent of the total 
                                project cost.
                                  (II) Tribal projects.--On the 
                                determination of the Secretary, 
                                the Federal share of the cost 
                                of a project carried out using 
                                a grant under subparagraph (A), 
                                (B), or (C) of paragraph (4) by 
                                an Indian tribe (as defined in 
                                section 207(m)(1)) may be up to 
                                100 percent.
                          (iii) Non-federal share.--The 
                        eligible entity may use Federal funds 
                        other than Federal funds provided under 
                        this subsection to meet the non-Federal 
                        cost share requirement for a project 
                        carried out with a grant under this 
                        subsection.
                  (F) Eligible project costs.--
                          (i) Resilience grant projects.--
                        Eligible project costs for activities 
                        funded with a grant under subparagraph 
                        (A), (B), or (C) of paragraph (4) may 
                        include the costs of--
                                  (I) development phase 
                                activities, including planning, 
                                feasibility analysis, revenue 
                                forecasting, environmental 
                                review, preliminary engineering 
                                and design work, and other 
                                preconstruction activities; and
                                  (II) construction, 
                                reconstruction, rehabilitation, 
                                and acquisition of real 
                                property (including land 
                                related to the project and 
                                improvements to land), 
                                environmental mitigation, 
                                construction contingencies, 
                                acquisition of equipment 
                                directly related to improving 
                                system performance, and 
                                operational improvements.
                          (ii) Planning grants.--Eligible 
                        project costs for activities funded 
                        with a grant under paragraph (3) may 
                        include the costs of development phase 
                        activities, including planning, 
                        feasibility analysis, revenue 
                        forecasting, environmental review, 
                        preliminary engineering and design 
                        work, other preconstruction activities, 
                        and other activities consistent with 
                        carrying out the purposes of that 
                        paragraph.
                  (G) Limitations.--An eligible entity that 
                receives a grant under subparagraph (A), (B), 
                or (C) of paragraph (4)--
                          (i) may use not more than 25 percent 
                        of the amount of the grant for the 
                        construction of new capacity; and
                          (ii) may use not more than 10 percent 
                        of the amount of the grant for 
                        activities described in subparagraph 
                        (F)(i)(I).
                  (H) Distribution of grants.--
                          (i) In general.--Subject to the 
                        availability of funds, an eligible 
                        entity may request and the Secretary 
                        may distribute funds for a grant under 
                        this subsection on a multiyear basis, 
                        as the Secretary determines to be 
                        necessary.
                          (ii) Rural set-aside.--Of the amounts 
                        made available to carry out this 
                        subsection for each fiscal year, the 
                        Secretary shall use not less than 25 
                        percent for grants for projects located 
                        in areas that are outside an urbanized 
                        area with a population of over 200,000.
                          (iii) Tribal set-aside.--Of the 
                        amounts made available to carry out 
                        this subsection for each fiscal year, 
                        the Secretary shall use not less than 2 
                        percent for grants to Indian tribes (as 
                        defined in section 207(m)(1)).
                          (iv) Reallocation.--For any fiscal 
                        year, if the Secretary determines that 
                        the amount described in clause (ii) or 
                        (iii) will not be fully utilized for 
                        the grant described in that clause, the 
                        Secretary may reallocate the unutilized 
                        funds to provide grants to other 
                        eligible entities under this 
                        subsection.
  (e) Consultation.--In carrying out the program, the Secretary 
shall--
          (1) consult with the Assistant Secretary of the Army 
        for Civil Works, the Administrator of the Environmental 
        Protection Agency, the Secretary of the Interior, and 
        the Secretary of Commerce; and
          (2) solicit technical support from the Administrator 
        of the Federal Emergency Management Agency.
  (f) Resilience Improvement Plan and Lower Non-Federal 
Share.--
          (1) Federal share reductions.--
                  (A) In general.--A State that receives funds 
                under subsection (c) or an eligible entity that 
                receives a grant under subsection (d) shall 
                have the non-Federal share of a project carried 
                out with the funds or grant, as applicable, 
                reduced by an amount described in subparagraph 
                (B) if the State or eligible entity meets the 
                applicable requirements under that 
                subparagraph.
                  (B) Amount of reductions.--
                          (i) Resilience improvement plan.--
                        Subject to clause (iii), the amount of 
                        the non-Federal share of the costs of a 
                        project carried out with funds under 
                        subsection (c) or a grant under 
                        subsection (d) shall be reduced by 7 
                        percentage points if--
                                  (I) in the case of a State or 
                                an eligible entity that is a 
                                State or a metropolitan 
                                planning organization, the 
                                State or eligible entity has--
                                          (aa) developed a 
                                        resilience improvement 
                                        plan in accordance with 
                                        this subsection; and
                                          (bb) prioritized the 
                                        project on that 
                                        resilience improvement 
                                        plan; and
                                  (II) in the case of an 
                                eligible entity not described 
                                in subclause (I), the eligible 
                                entity is located in a State or 
                                an area served by a 
                                metropolitan planning 
                                organization that has--
                                          (aa) developed a 
                                        resilience improvement 
                                        plan in accordance with 
                                        this subsection; and
                                          (bb) prioritized the 
                                        project on that 
                                        resilience improvement 
                                        plan.
                          (ii) Incorporation of resilience 
                        improvement plan in other planning.--
                        Subject to clause (iii), the amount of 
                        the non-Federal share of the cost of a 
                        project carried out with funds under 
                        subsection (c) or a grant under 
                        subsection (d) shall be reduced by 3 
                        percentage points if--
                                  (I) in the case of a State or 
                                an eligible entity that is a 
                                State or a metropolitan 
                                planning organization, the 
                                resilience improvement plan 
                                developed in accordance with 
                                this subsection has been 
                                incorporated into the 
                                metropolitan transportation 
                                plan under section 134 or the 
                                long-range statewide 
                                transportation plan under 
                                section 135, as applicable; and
                                  (II) in the case of an 
                                eligible entity not described 
                                in subclause (I), the eligible 
                                entity is located in a State or 
                                an area served by a 
                                metropolitan planning 
                                organization that incorporated 
                                a resilience improvement plan 
                                into the metropolitan 
                                transportation plan under 
                                section 134 or the long-range 
                                statewide transportation plan 
                                under section 135, as 
                                applicable.
                          (iii) Limitations.--
                                  (I) Maximum reduction.--A 
                                State or eligible entity may 
                                not receive a reduction under 
                                this paragraph of more than 10 
                                percentage points for any 
                                single project carried out with 
                                funds under subsection (c) or a 
                                grant under subsection (d).
                                  (II) No negative non-federal 
                                share.--A reduction under this 
                                paragraph shall not reduce the 
                                non-Federal share of the costs 
                                of a project carried out with 
                                funds under subsection (c) or a 
                                grant under subsection (d) to 
                                an amount that is less than 
                                zero.
          (2) Plan contents.--A resilience improvement plan 
        referred to in paragraph (1)--
                  (A) shall be for the immediate and long-range 
                planning activities and investments of the 
                State or metropolitan planning organization 
                with respect to resilience;
                  (B) shall demonstrate a systemic approach to 
                transportation system resilience and be 
                consistent with and complementary of the State 
                and local mitigation plans required under 
                section 322 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 
                5165);
                  (C) shall--
                          (i) include a risk-based assessment 
                        of vulnerabilities of transportation 
                        assets and systems to current and 
                        future weather events and natural 
                        disasters, such as severe storms, 
                        flooding, drought, levee and dam 
                        failures, wildfire, rockslides, 
                        mudslides, sea level rise, extreme 
                        weather, including extreme 
                        temperatures, and earthquakes;
                          (ii) designate evacuation routes and 
                        strategies, including multimodal 
                        facilities, designated with 
                        consideration for individuals without 
                        access to personal vehicles;
                          (iii) plan for response to 
                        anticipated emergencies, including 
                        plans for the mobility of--
                                  (I) emergency response 
                                personnel and equipment; and
                                  (II) access to emergency 
                                services, including for 
                                vulnerable or disadvantaged 
                                populations;
                          (iv) describe the resilience 
                        improvement policies, including 
                        strategies, land-use and zoning 
                        changes, investments in natural 
                        infrastructure, or performance measures 
                        that will inform the transportation 
                        investment decisions of the State or 
                        metropolitan planning organization with 
                        the goal of increasing resilience;
                          (v) include an investment plan that--
                                  (I) includes a list of 
                                priority projects; and
                                  (II) describes how funds 
                                provided by a grant under the 
                                program would be invested and 
                                matched, which shall not be 
                                subject to fiscal constraint 
                                requirements; and
                          (vi) use science and data and 
                        indicate the source of data and 
                        methodologies; and
                  (D) shall, as appropriate--
                          (i) include a description of how the 
                        plan will improve the ability of the 
                        State or metropolitan planning 
                        organization--
                                  (I) to respond promptly to 
                                the impacts of weather events 
                                and natural disasters; and
                                  (II) to be prepared for 
                                changing conditions, such as 
                                sea level rise and increased 
                                flood risk;
                          (ii) describe the codes, standards, 
                        and regulatory framework, if any, 
                        adopted and enforced to ensure 
                        resilience improvements within the 
                        impacted area of proposed projects 
                        included in the resilience improvement 
                        plan;
                          (iii) consider the benefits of 
                        combining hard infrastructure assets, 
                        and natural infrastructure, through 
                        coordinated efforts by the Federal 
                        Government and the States;
                          (iv) assess the resilience of other 
                        community assets, including buildings 
                        and housing, emergency management 
                        assets, and energy, water, and 
                        communication infrastructure;
                          (v) use a long-term planning period; 
                        and
                          (vi) include such other information 
                        as the eligible entity considers 
                        appropriate.
          (3) No new planning requirements.--Nothing in this 
        section requires a metropolitan planning organization 
        or a State to develop a resilience improvement plan or 
        to include a resilience improvement plan under the 
        metropolitan transportation plan under section 134 or 
        the long-range statewide transportation plan under 
        section 135, as applicable, of the metropolitan 
        planning organization or State.
  (g) Monitoring.--
          (1) In general.--Not later than 18 months after the 
        date of enactment of this section, the Secretary, in 
        consultation with the officials described in subsection 
        (e), shall--
                  (A) establish, for the purpose of evaluating 
                the effectiveness and impacts of projects 
                carried out under the program--
                          (i) subject to paragraph (2), 
                        transportation and any other metrics as 
                        the Secretary determines to be 
                        necessary; and
                          (ii) procedures for monitoring and 
                        evaluating projects based on those 
                        metrics; and
                  (B) select a representative sample of 
                projects to evaluate based on the metrics and 
                procedures established under subparagraph (A).
          (2) Notice.--Before adopting any metrics described in 
        paragraph (1), the Secretary shall--
                  (A) publish the proposed metrics in the 
                Federal Register; and
                  (B) provide to the public an opportunity for 
                comment on the proposed metrics.
  (h) Reports.--
          (1) Reports from eligible entities.--Not later than 1 
        year after the date on which a project carried out 
        under the program is completed, the entity that carried 
        out the project shall submit to the Secretary a report 
        on the results of the project and the use of the funds 
        received under the program.
          (2) Reports to congress.--
                  (A) Annual reports.--The Secretary shall 
                submit to Congress, and publish on the website 
                of the Department of Transportation, an annual 
                report that describes the implementation of the 
                program during the preceding calendar year, 
                including--
                          (i) each project for which a grant 
                        was provided under the program;
                          (ii) information relating to project 
                        applications received;
                          (iii) the manner in which the 
                        consultation requirements were 
                        implemented under this section;
                          (iv) recommendations to improve the 
                        administration of the program, 
                        including whether assistance from 
                        additional or fewer agencies to carry 
                        out the program is appropriate;
                          (v) the period required to disburse 
                        grant funds to recipients based on 
                        applicable Federal coordination 
                        requirements; and
                          (vi) a list of facilities that 
                        repeatedly require repair or 
                        reconstruction due to emergency events.
                  (B) Final report.--Not later than 5 years 
                after the date of enactment of the America's 
                Transportation Infrastructure Act of 2019, the 
                Secretary shall submit to Congress a report 
                that includes the results of the reports 
                submitted under subparagraph (A).
  (i) Administrative Expenses.--The Secretary shall use not 
more than 5 percent of the amounts made available to carry out 
the program for each fiscal year for the costs of administering 
the program, including monitoring and evaluation under 
subsection (g).
           * * * * * * *

                       CHAPTER 2--OTHER HIGHWAYS

Sec. 201. Federal lands and tribal transportation programs

  (a) Purpose.-- * * *
           * * * * * * *
  (c) Transportation Planning.--
          (1) Transportation planning procedures.-- * * *
           * * * * * * *
          (6) Data collection.--
                  (A) Data collection.--
           * * * * * * *
                          (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.)] (25 U.S.C. 5301 et seq.).
           * * * * * * *
  (e) Transfers.--
          (1) In general.-- * * *
           * * * * * * *
  (f) Alternative Contracting Methods.--
          (1) In general.--Notwithstanding any other provision 
        of law (including the Federal Acquisition Regulation), 
        a contracting method available to a State under this 
        title may be used by the Secretary, on behalf of--
                  (A) a Federal land management agency, in 
                using any funds pursuant to sections 203, 204, 
                or 308;
                  (B) a Federal land management agency, in 
                using any funds pursuant to section 1535 of 
                title 31 for any of the eligible uses described 
                in sections 203(a)(1) and 204(a)(1) and 
                paragraphs (1) and (2) of section 308(a); or
                  (C) a Tribal government, in using funds 
                pursuant to section 202(b)(7)(D).
          (2) Methods described.--The contracting methods 
        referred to in paragraph (1) shall include, at a 
        minimum--
                  (A) project bundling;
                  (B) bridge bundling;
                  (C) design-build contracting;
                  (D) 2-phase contracting;
                  (E) long-term concession agreements; and
                  (F) any method tested, or that could be 
                tested, under an experimental program relating 
                to contracting methods carried out by the 
                Secretary.
          (3) Effect.--Nothing in this subsection--
                  (A) affects the application of the Federal 
                share for the project carried out with a 
                contracting method under this subsection; or
                  (B) modifies the point of obligation of 
                Federal salaries and expenses.
           * * * * * * *

Sec. 202. Tribal transportation program

  (a) Use of Funds.--
          (1) In general.-- * * *
           * * * * * * *
          (10) Competitive bidding.--
                  (A) Construction.-- * * *
           * * * * * * *
                  (B) Applicability.--Notwithstanding 
                subparagraph (A), section 23 of the Act of June 
                25, 1910 (25 U.S.C. 47) and section 7(b) of the 
                Indian Self-Determination and Education 
                Assistance Act [(25 U.S.C. 450e(b))] (25 U.S.C. 
                5307(b)) shall apply to all funds administered 
                by the Secretary of the Interior that are 
                appropriated for the construction and 
                improvement of tribal transportation 
                facilities.
  (b) Funds Distribution.--
          (1) National tribal transportation facility 
        inventory.--
           * * * * * * *
          (5) Health and safety assurances.--Notwithstanding 
        any other provision of law, an Indian tribal government 
        may approve plans, specifications, and estimates and 
        commence road and bridge construction with funds made 
        available from the tribal transportation program 
        through a contract or agreement under the Indian Self-
        Determination and Education Assistance Act [(25 U.S.C. 
        450 et seq.)] (25 U.S.C. 5301 et seq.), if the Indian 
        tribal government--
           * * * * * * *
          (6) Contracts and agreements with Indian tribes.--
                  (A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, 
                program guideline, manual, or policy directive, 
                all funds made available through the Secretary 
                of the Interior under this chapter and section 
                125(e) for tribal transportation facilities to 
                pay for the costs of programs, services, 
                functions, and activities, or portions of 
                programs, services, functions, or activities, 
                that are specifically or functionally related 
                to the cost of planning, research, engineering, 
                and construction of any tribal transportation 
                facility shall be made available, upon request 
                of the Indian tribal government, to the Indian 
                tribal government for contracts and agreements 
                for such planning, research, engineering, and 
                construction in accordance with Indian Self-
                Determination and Education Assistance Act [(25 
                U.S.C. 450 et seq.)] (25 U.S.C. 5301 et seq.).
           * * * * * * *
          (7) Contracts and agreements with Indian tribes.--
                  (A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, 
                program guideline, manual, or policy directive, 
                all funds made available to an Indian tribal 
                government under this chapter for a tribal 
                transportation facility program or project 
                shall be made available, on the request of the 
                Indian tribal government, to the Indian tribal 
                government for use in carrying out, in 
                accordance with the Indian Self-Determination 
                and Education Assistance Act [(25 U.S.C. 450 et 
                seq.)] (25 U.S.C. 5301 et seq.), contracts and 
                agreements for the planning, research, design, 
                engineering, construction, and maintenance 
                relating to the program or project.
           * * * * * * *
                  (F) Eligibility.--
                          (i) In general.-- * * *
           * * * * * * *
                          (ii) Considerations.--An Indian 
                        tribal government that had no 
                        uncorrected significant and material 
                        audit exceptions in the required annual 
                        audit of the contracts or self-
                        governance funding agreements made by 
                        the Indian tribe with any Federal 
                        agency under the Indian Self-
                        Determination and Education Assistance 
                        Act [(25 U.S.C. 450 et seq.)] (25 
                        U.S.C. 5301 et seq.) during the 3-
                        fiscal year period referred in clause 
                        (i) shall be conclusive evidence of the 
                        financial stability and financial 
                        management capability of the Indian 
                        tribe for purposes of clause (i).
           * * * * * * *
                  (G) Assumption of functions and duties.--An 
                Indian tribal government receiving funding 
                under subparagraph (A) for a program or project 
                shall assume all functions and duties that the 
                Secretary of the Interior would have performed 
                with respect to a program or project under this 
                chapter, other than those functions and duties 
                that inherently cannot be legally transferred 
                under the Indian Self-Determination and 
                Education Assistance Act [(25 U.S.C. 450 et 
                seq.)] (25 U.S.C. 5301 et seq.).
                  (H) Powers.--An Indian tribal government 
                receiving funding under subparagraph (A) for a 
                program or project shall have all powers that 
                the Secretary of the Interior would have 
                exercised in administering the funds 
                transferred to the Indian tribal government for 
                such program or project under this section if 
                the funds had not been transferred, except to 
                the extent that such powers are powers that 
                inherently cannot be legally transferred under 
                the Indian Self-Determination and Education 
                Assistance Act [(25 U.S.C. 450 et seq.)] (25 
                U.S.C. 5301 et seq.).
                  (I) Dispute resolution.--In the event of a 
                disagreement between the Secretary or the 
                Secretary of the Interior and an Indian tribe 
                over whether a particular function, duty, or 
                power may be lawfully transferred to the Indian 
                tribe under the Indian Self-Determination and 
                Education Assistance Act [(25 U.S.C. 450 et 
                seq.)] (25 U.S.C. 5301 et seq.), the Indian 
                tribe shall have the right to pursue all 
                alternative dispute resolution and appeal 
                procedures authorized by that Act, including 
                regulations issued to carry out the Act.
           * * * * * * *
  (c) Planning.--
          (1) In general.--For each fiscal year, not more than 
        2 percent of the funds made available for the tribal 
        transportation program shall be allocated among Indian 
        tribal governments that apply for transportation 
        planning pursuant to the Indian Self-Determination and 
        Education Assistance Act [(25 U.S.C. 450 et seq.)] (25 
        U.S.C. 5301 et seq.).
           * * * * * * *
  (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] (25 U.S.C. 5301 et 
        seq.).bridges eligible for the tribal transportation 
        program classified as in poor condition, having low 
        load capacity, or needing geometric improvements.
           * * * * * * *
          [(2) Funding.--Before making any distribution under 
        subsection (b), the Secretary shall set aside not more 
        than 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.]
          (2) Use of funds.--Funds made available to carry out 
        this subsection shall be used--
                  (A) to carry out any planning, design, 
                engineering, preconstruction, construction, and 
                inspection of new or replacement tribal 
                transportation facility bridges;
                  (B) to replace, rehabilitate, seismically 
                retrofit, paint, apply calcium magnesium 
                acetate, sodium acetate/formate, or other 
                environmentally acceptable, minimally corrosive 
                anti-icing and deicing composition; or
                  (C) to implement any countermeasure for 
                tribal transportation facility bridges 
                classified as in poor condition, having a low 
                load capacity, or needing geometric 
                improvements, including multiple-pipe culverts.
          (3) Eligible bridges.--To be eligible to receive 
        funding under this subsection, a bridge described in 
        paragraph (1) shall--
                  (A) have an opening of not less than 20 feet;
                  (B) be classified as a tribal transportation 
                facility; and
                  (C) be [structurally deficient or 
                functionally obsolete] classified as in poor 
                condition, having a low load capacity, or 
                needing geometric improvements.
           * * * * * * *
  (e) Safety.--
          (1) Funding.--Before making any distribution under 
        subsection (b), the Secretary shall set aside not more 
        than [2 percent] 4 percent of the funds made available 
        under the tribal transportation program for each fiscal 
        year to be allocated based on an identification and 
        analysis of highway safety issues and opportunities on 
        tribal land, as determined by the Secretary, on 
        application of the Indian tribal governments for 
        eligible projects described in section 148(a)(4).
           * * * * * * *

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) * * *
           * * * * * * *
                  (B) capital, operations, and maintenance of 
                transit facilities; and
                  (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] $20,000,000 of the 
                amounts made available per fiscal year to carry 
                out this section for activities eligible under 
                subparagraph (A)(iv)(I).
           * * * * * * *
          (5) Competitive bidding.-- * * *
           * * * * * * *
          (6) Native plant materials.--In carrying out an 
        activity described in paragraph (1), the entity 
        carrying out the activity shall consider--
                  (A) the use of locally adapted native plant 
                materials; and
                  (B) designs that minimize runoff and heat 
                generation.
           * * * * * * *

Sec. 204. Federal lands access program

  (a) Use of Funds.--
          (1) In general.--Funds made available under the 
        Federal lands access program shall be used by the 
        Secretary of Transportation and the Secretary of the 
        appropriate Federal land management agency to pay the 
        cost of--
                  (A) transportation planning, research, 
                engineering, preventive maintenance, 
                rehabilitation, restoration, context-sensitive 
                solutions, construction, and reconstruction of 
                Federal lands access transportation facilities 
                located on or adjacent to, or that provide 
                access to, Federal land, and--
                          (i) adjacent vehicular parking areas, 
                        including interpretive panels in or 
                        adjacent to those areas;
           * * * * * * *
                          (v) construction and reconstruction 
                        of roadside rest areas, including 
                        sanitary and water facilities; [and]
                          (vi) contextual wayfinding markers;
                          (vii) landscaping;
                          (viii) cooperative mitigation of 
                        visual blight, including screening or 
                        removal; and
                          [(vi)] (ix) other appropriate public 
                        road facilities, as determined by the 
                        Secretary;
           * * * * * * *
          (5) Competitive bidding.--
                  (A) In general.-- * * *
           * * * * * * *
          (6) Native plant materials.--In carrying out an 
        activity described in paragraph (1), the Secretary 
        shall ensure that the entity carrying out the activity 
        considers--
                  (A) the use of locally adapted native plant 
                materials; and
                  (B) designs that minimize runoff and heat 
                generation.
           * * * * * * *

Sec. 206. Recreational trails program

  (a) Definitions.-- * * *
           * * * * * * *
  (d) Use of Apportioned Funds.--
          (1) In general.-- * * *
           * * * * * * *
          (2) Permissible uses.--Permissible uses of funds 
        apportioned to a State for a fiscal year to carry out 
        this section include--
                  (A)  * * *
           * * * * * * *
                  (G) development and dissemination of 
                publications and operation of educational 
                programs to promote safety and environmental 
                protection, (as those objectives relate to one 
                or more of the [use of recreational trails] 
                uses of recreational trails, supporting non-law 
                enforcement trail safety and trail use 
                monitoring patrol programs, and providing 
                trail-related training), but in an amount not 
                to exceed 5 percent of the apportionment made 
                to the State for the fiscal year; and
           * * * * * * *

Sec. 207. Tribal transportation self-governance program

  (a) Establishment.-- * * *
           * * * * * * *
  (g) Cost Principles.--In administering funds received under 
this section, an Indian tribe shall apply cost principles under 
the applicable Office of Management and Budget circular, except 
as modified by section 106 of the Indian Self-Determination and 
Education Assistance Act [(25 U.S.C. 450j-1)] (25 U.S.C. 5325), 
other provisions of law, or by any exemptions to applicable 
Office of Management and Budget circulars subsequently granted 
by the Office of Management and Budget. No other audit or 
accounting standards shall be required by the Secretary. Any 
claim by the Federal Government against the Indian tribe 
relating to funds received under a funding agreement based on 
any audit conducted pursuant to this subsection shall be 
subject to the provisions of section 106(f) of that Act [(25 
U.S.C. 450j-1(f))] (25 U.S.C. 5325(f)).
           * * * * * * *
  (l) Applicability of Indian Self-Determination and Education 
Assistance Act.--Except to the extent in conflict with this 
section (as determined by the Secretary), the following 
provisions of the Indian Self-Determination and Education 
Assistance Act shall apply to compact and funding agreements 
(except that any reference to the Secretary of the Interior or 
the Secretary of Health and Human Services in such provisions 
shall be treated as a reference to the Secretary of 
Transportation):
          (1) Subsections (a), (b), (d), (g), and (h) of 
        section 506 of such Act [(25 U.S.C. 458aaa-5)] (25 
        U.S.C. 5386), relating to general provisions.
          (2) Subsections (b) through (e) and (g) of section 
        507 of such Act [(25 U.S.C. 458aaa-6)] (25 U.S.C. 
        5387), relating to provisions relating to the Secretary 
        of Health and Human Services.
          (3) Subsections (a), (b), (d), (e), (g), (h), (i), 
        and (k) of section 508 of such Act [(25 U.S.C. 458aaa-
        7)] (25 U.S.C. 5388), relating to transfer of funds.
          (4) Section 510 of such Act [(25 U.S.C. 458aaa-9)] 
        (25 U.S.C. 5390), relating to Federal procurement laws 
        and regulations.
          (5) Section 511 of such Act [(25 U.S.C. 458aaa-10)] 
        (25 U.S.C. 5391), relating to civil actions.
          (6) Subsections (a)(1), (a)(2), and (c) through (f) 
        of section 512 of such Act [(25 U.S.C. 458aaa-11)] (25 
        U.S.C. 5392), relating to facilitation, except that 
        subsection (c)(1) of that section shall be applied by 
        substituting ``transportation facilities and other 
        facilities'' for ``school buildings, hospitals, and 
        other facilities''.
          (7) Subsections (a) and (b) of section 515 of such 
        Act [(25 U.S.C. 458aaa-14)] (25 U.S.C. 5395), relating 
        to disclaimers.
          (8) Subsections (a) and (b) of section 516 of such 
        Act [(25 U.S.C. 458aaa-15)] (25 U.S.C. 5396), relating 
        to application of title I provisions.
          (9) Section 518 of such Act [(25 U.S.C. 458aaa-17)] 
        (25 U.S.C. 5398), relating to appeals.
           * * * * * * *
  (m) Definitions.--
          (1) In general.--In this section, the following 
        definitions apply (except as otherwise expressly 
        provided):
                  (A) Compact.-- * * *
           * * * * * * *
          (2) Applicability of other definitions.--In this 
        section, the definitions set forth in sections 4 and 
        [505] 501 of the Indian Self-Determination and 
        Education Assistance Act [(25 U.S.C. 450b; 458aaa)] (25 
        U.S.C. 5304; 5381). apply, except as otherwise 
        expressly provided in this section.

Sec. 217. Bicycle transportation and pedestrian walkways

  (a) Use of STP and Congestion Mitigation Program Funds.-- * * 
*
           * * * * * * *
  (d) State Bicycle and Pedestrian Coordinators.--Each State 
receiving an apportionment under sections 104(b)(2) and 
[104(b)(3)] 104(b)(4). of this title shall use such amount of 
the apportionment as may be necessary to fund in the State 
department of transportation a position of bicycle and 
pedestrian coordinator for promoting and facilitating the 
increased use of nonmotorized modes of transportation, 
including developing facilities for the use of pedestrians and 
bicyclists and public education, promotional, and safety 
programs for using such facilities.
           * * * * * * *

[Sec. 218. Alaska Highway

  [(a) Notwithstanding any other provision of law upon 
agreement with the State of Alaska, the Secretary is authorized 
to expend on the Alaska Marine Highway System any Federal-aid 
highway funds apportioned to the State of Alaska under this 
title at a Federal share of 100 per centum.
  [(b) For purposes of this section, the term ``Alaska Marine 
Highway System'' includes all existing or planned 
transportation facilities and equipment in Alaska, including 
the lease, purchase, or construction of vessels, terminals, 
docks, floats, ramps, staging areas, parking lots, bridges and 
approaches thereto, and necessary roads.]
           * * * * * * *

Sec. 218. Alaska Highway

  (a) Recognizing the benefits that will accrue to the State of 
Alaska and to the United States from the reconstruction of the 
Alaska Highway from the Alaskan border at Beaver Creek, Yukon 
Territory, to Haines Junction in Canada and the Haines Cutoff 
Highway from Haines Junction in Canada to Haines, Alaska, the 
Secretary may provide for the necessary reconstruction of the 
highway using funds awarded through an applicable competitive 
grant program, if the highway meets all applicable eligibility 
requirements for the program, except for the specific 
requirements established by the agreement for the Alaska 
Highway Project between the Government of the United States and 
the Government of Canada. In addition to the funds described in 
the previous sentence, notwithstanding any other provision of 
law and on agreement with the State of Alaska, the Secretary is 
authorized to expend on such highway or the Alaska Marine 
Highway System any Federal-aid highway funds apportioned to the 
State of Alaska under this title at a Federal share of 100 per 
centum. No expenditures shall be made for the construction of 
the portion of such highways that are in Canada unless an 
agreement is in place between the Government of Canada and the 
Government of the United States (including an agreement in 
existence on the date of enactment of the America's 
Transportation Infrastructure Act of 2019) that provides, in 
part, that the Canadian Government--
          (1) will provide, without participation of funds 
        authorized under this title, all necessary right-of-way 
        for the reconstruction of such highways;
          (2) will not impose any highway toll, or permit any 
        such toll to be charged for the use of such highways by 
        vehicles or persons;
          (3) will not levy or assess, directly or indirectly, 
        any fee, tax, or other charge for the use of such 
        highways by vehicles or persons from the United States 
        that does not apply equally to vehicles or persons of 
        Canada;
          (4) will continue to grant reciprocal recognition of 
        vehicle registration and driver's licenses in 
        accordance with agreements between the United States 
        and Canada; and
          (5) will maintain such highways after their 
        completion in proper condition adequately to serve the 
        needs of present and future traffic.
  (b) The survey and construction work undertaken in Canada 
pursuant to this section shall be under the general supervision 
of the Secretary.
  (c) For purposes of this section, the term `Alaska Marine 
Highway System' includes all existing or planned transportation 
facilities and equipment in Alaska, including the lease, 
purchase, or construction of vessels, terminals, docks, floats, 
ramps, staging areas, parking lots, bridges and approaches 
thereto, and necessary roads.
           * * * * * * *
                     CHAPTER 3--GENERAL PROVISIONS

Sec.
     * * * * * * *
301.  Freedom from tolls.
     * * * * * * *
325.     [State assumption of responsibilities for certain programs and 
          projects.]
     * * * * * * *
330.     Program for eliminating duplication of environmental reviews.
331.     Evaluation of projects within an operational right-of-way.
332.     Department of Transportation reports.
          * * * * * * *

Sec. 301. Freedom from tolls

          * * * * * * *

Sec. 308. Cooperation with Federal and State agencies and foreign 
                    countries

  (a) Authorized Activities.--
          (1) In general.-- * * *
           * * * * * * *
          (4) Alternative contracting methods.--
                  (A) In general.--Notwithstanding any other 
                provision of law (including the Federal 
                Acquisition Regulation), in performing services 
                under paragraph (1), the Secretary may use any 
                contracting method available to a State under 
                this title.
                  (B) Methods described.--The contracting 
                methods referred to in subparagraph (A) shall 
                include, at a minimum--
                          (i) project bundling;
                          (ii) bridge bundling;
                          (iii) design-build contracting;
                          (iv) 2-phase contracting;
                          (v) long-term concession agreements; 
                        and
                          (vi) any method tested, or that could 
                        be tested, under an experimental 
                        program relating to contracting methods 
                        carried out by the Secretary.
           * * * * * * *

Sec. 313. Buy America

  (a) * * *
           * * * * * * *
  (f) Limitation on Applicability of Waivers to Products 
Produced in Certain Foreign Countries.--
  (g) Waivers.--
          (1) In general.--Not less than 15 days before issuing 
        a waiver under this section, the Secretary shall 
        provide to the public--
                  (A) notice of the proposed waiver;
                  (B) an opportunity for comment on the 
                proposed waiver; and
                  (C) the reasons for the proposed waiver.
          (2) Report.--Not less frequently than annually, the 
        Secretary shall submit to the Committee on Environment 
        and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report on the waivers provided under 
        this section.
  [(g)] (h) Application to Highway Programs.--T * * *
           * * * * * * *

Sec. 323. Donations and credits

  (a) Donations of Property Being Acquired.-- * * *
           * * * * * * *
  (d) Procedures.--A gift or donation in accordance with 
subsection (a) may be made at any time during the development 
of a project. Any document executed as part of such donation 
prior to the approval of an environmental document prepared 
pursuant to the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) shall clearly indicate that--
           * * * * * * *

Sec. 330. Program for eliminating duplication of environmental reviews

  (a) Establishment.-- * * *
           * * * * * * *

Sec. 331. Evaluation of projects within an operational right-of-way

  (a) Definitions.--
          (1) Eligible project or activity.--
                  (A) In general.--In this section, the term 
                `eligible project or activity' means a project 
                or activity within an existing operational 
                right-of-way (as defined in section 
                771.117(c)(22) of title 23, Code of Federal 
                Regulations (or successor regulations))--
                          (i)(I) eligible for assistance under 
                        this title; or
                          (II) administered as if made 
                        available under this title;
                          (ii) that is--
                                  (I) a preventive maintenance, 
                                preservation, or highway safety 
                                improvement project (as defined 
                                in section 148(a)); or
                                  (II) a new turn lane that the 
                                State advises in writing to the 
                                Secretary would assist public 
                                safety; and
                          (iii) that--
                                  (I) is classified as a 
                                categorical exclusion under 
                                section 771.117 of title 23, 
                                Code of Federal Regulations (or 
                                successor regulations); or
                                  (II) if the project or 
                                activity does not receive 
                                assistance described in clause 
                                (i) would be considered a 
                                categorical exclusion if the 
                                project or activity received 
                                assistance described in clause 
                                (i).
                  (B) Exclusion.--The term `eligible project or 
                activity' does not include a project to create 
                a new travel lane.
          (2) Preliminary evaluation.--The term `preliminary 
        evaluation', with respect to an application described 
        in subsection (b)(1), means an evaluation that is 
        customary or practicable for the relevant agency to 
        complete within a 45-day period for similar 
        applications.
          (3) Relevant agency.--The term `relevant agency' 
        means a Federal agency, other than the Federal Highway 
        Administration, with responsibility for review of an 
        application from a State for a permit, approval, or 
        jurisdictional determination for an eligible project or 
        activity.
  (b) Action Required.--
          (1) In general.--Subject to paragraph (2), not later 
        than 45 days after the date of receipt of an 
        application by a State for a permit, approval, or 
        jurisdictional determination for an eligible project or 
        activity, the head of the relevant agency shall--
                  (A) make at least a preliminary evaluation of 
                the application; and
                  (B) notify the State of the results of the 
                preliminary evaluation under subparagraph (A).
          (2) Extension.--The head of the relevant agency may 
        extend the review period under paragraph (1) by not 
        more than 30 days if the head of the relevant agency 
        provides to the State written notice that includes an 
        explanation of the need for the extension.
          (3) Failure to act.--If the head of the relevant 
        agency fails to meet a deadline under paragraph (1) or 
        (2), as applicable, the head of the relevant agency 
        shall--
                  (A) not later than 30 days after the date of 
                the missed deadline, submit to the State, the 
                Committee on Environment and Public Works of 
                the Senate, and the Committee on Transportation 
                and Infrastructure of the House of 
                Representatives a report that describes why the 
                deadline was missed; and
                  (B) not later than 14 days after the date on 
                which a report is submitted under subparagraph 
                (A), make publicly available, including on the 
                internet, a copy of that report.

Sec. 332. Department of Transportation reports

  (a) Definition of Dashboard.--In this section, the term 
`Dashboard' has the meaning given the term in section 41001 of 
the FAST Act (42 U.S.C. 4370m).
  (b) Reports.--Not later than January 31 of each year, the 
Secretary shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a report 
with respect to any projects, programs, or authorities under 
this title (other than chapter 4) that includes--
          (1) for the preceding fiscal year--
                  (A) the median time described in subsection 
                (c)(1) posted on the Dashboard for projects 
                described in subsection (c)(2);
                  (B) a list of any new categorical exclusions 
                adopted by the Department and listed under 
                section 771.117 of title 23, Code of Federal 
                Regulations (or successor regulations); and
                  (C) a list of all regulatory requirements 
                that have been removed or reduced and, if 
                available, a summary of the cost savings 
                resulting from the removal or reduction to--
                          (i) States;
                          (ii) units of Tribal and local 
                        government; and
                          (iii) the public; and
          (2) for the current fiscal year--
                  (A) an estimate or documentation of the 
                median time elapsed between--
                          (i) the date of the publication in 
                        the Federal Register of a notice of 
                        intent to prepare an environmental 
                        impact statement; and
                          (ii) the date of the record of 
                        decision with respect to that 
                        environmental impact statement by the 
                        Department; and
                  (B) if available, a summary of the cost 
                savings, including cost savings to States, 
                units of Tribal and local government, and the 
                public, resulting from the removal or reduction 
                of regulatory requirements.
  (c) Federal Permitting Dashboard.--
          (1) In general.--Not later than January 31 of each 
        year, the Secretary shall provide to the Executive 
        Director of the Federal Permitting Improvement Steering 
        Council established under section 41002(a) of the FAST 
        Act (42 U.S.C. 4370m-1(a)), to make available on the 
        Dashboard, with respect to projects described in 
        paragraph (2), the median time elapsed between--
                  (A) the publication in the Federal Register 
                of the notice of intent to prepare an 
                environmental impact statement; and
                  (B) the date of issuance of the record of 
                decision with respect to that environmental 
                impact statement by the Department of 
                Transportation.
          (2) Projects described.--A project referred to in 
        paragraph (1) is a project for which--
                  (A) a record of decision for an environmental 
                impact statement was issued during the 
                preceding fiscal year; and
                  (B) the Department of Transportation is a 
                lead agency (as defined in section 139).
           * * * * * * *

             CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION

           * * * * * * *

Sec. 501. Definitions

  In this chapter, the following definitions apply:
          (1) Federal laboratory.-- * * *
           * * * * * * *

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] section 6503 of title 49.
  (b) Highway Research and Development Program.--
          (1) Objectives.-- * * *
           * * * * * * *
                  (C) carry out research, testing, and 
                evaluation activities; [and]
                  (D) provide technology transfer and technical 
                assistance[.] ;
                  (E) engage with public and private entities 
                to spur advancement of emerging transformative 
                innovations through accelerated market 
                readiness; and
                  (F) consult frequently with public and 
                private entities on new transportation 
                technologies.
          (2) Improving highway safety.--
                  (A) In general.--* * *
           * * * * * * *
                  (C) Contents.--Research and technology 
                activities carried out under this paragraph may 
                include--
                          (i) * * *
           * * * * * * *
                          (ix) safety measures for vulnerable 
                        road users, including bicyclists and 
                        pedestrians;
                          (x) safety measures to reduce the 
                        number of wildlife-vehicle collisions;
                          [(x)] (xi) safety policy studies;
                          [(xi)] (xii) human factors studies 
                        and measures;
                          [(xii)] (xiii) safety technology 
                        deployment;
                          [(xiii)] (xiv) safety workforce 
                        professional capacity building 
                        initiatives;
                          [(xiv)] (xv) safety program and 
                        process improvements; and
                          [(xv)] (xvi) tools and methods to 
                        enhance safety performance, including 
                        achievement of statewide safety 
                        performance targets.
          (3) Improving infrastructure integrity.--
                  (A) In general.--* * *
           * * * * * * *
                  (B) Objectives.--In carrying out this 
                paragraph, the Secretary shall carry out 
                research and development activities--
                          (i)* * *
           * * * * * * *
                          (viii) to study vulnerabilities of 
                        the transportation system to seismic 
                        activities and extreme weather events 
                        and methods to reduce those 
                        vulnerabilities.
                  (C) Contents.--Research and technology 
                activities carried out under this paragraph may 
                include--
                          (i)* * *
           * * * * * * *
                          (xv) studies to improve flexibility 
                        and resiliency of infrastructure 
                        systems to withstand extreme weather 
                        events and climate variability;
           * * * * * * *
                          (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) studies on the deployment and 
                        revenue potential of the deployment of 
                        energy and broadband infrastructure in 
                        highway rights-of-way, including 
                        potential adverse impacts of the use or 
                        nonuse of those rights-of-way.
           * * * * * * *
          (6) Exploratory advanced research.--The Secretary 
        shall carry out research and development activities 
        relating to exploratory advanced research--
                  (A) to leverage the targeted capabilities of 
                the Turner-Fairbank Highway Research Center to 
                develop technologies and innovations of 
                national importance; [and]
                  (B) to develop potentially transformational 
                solutions to improve the durability, 
                efficiency, environmental impact, productivity, 
                and safety aspects of highway and intermodal 
                transportation systems[.] ; and
                  (C) to support research on non-market-ready 
                technologies in consultation with public and 
                private entities.
          (7) Turner-Fairbank Highway Research Center.--
                  (A) In general.--The Secretary shall continue 
                to operate in the Federal Highway 
                Administration a Turner-Fairbank Highway 
                Research Center.
                  (B) Uses of the Center.--The Turner-Fairbank 
                Highway Research Center shall support 
                innovations by leading--
                          (i) * * *
           * * * * * * *
                          (iii) the development of innovative 
                        highway products and practices; [and]
                          (iv) the conduct of long-term, high-
                        risk research to improve the materials 
                        used in highway infrastructure[.] ; and
                          (v) the evaluation of information 
                        from accelerated market readiness 
                        efforts, including non-market-ready 
                        technologies, in consultation with 
                        other offices of the Federal Highway 
                        Administration and key partners.
          (8) Infrastructure investment needs report.--
                  (A) In general.--Not later than July 31, 
                2013, and July 31 of every second year 
                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 describes estimates of 
                the [future highway and bridge needs of the 
                United States and the backlog of current 
                highway and bridge needs.] current conditions 
                and future needs of highways, bridges, and 
                tunnels of the United States, including--
                          (i) the conditions and performance of 
                        the highway network for freight 
                        movement;
                          (ii) intelligent transportation 
                        systems;
                          (iii) resilience needs; and
                          (iv) the backlog of current highway, 
                        bridge, and tunnel needs.
           * * * * * * *
          (9) Analysis tools.--The Secretary may develop 
        interactive modeling tools and databases that--
                  (A) track the full condition of highway 
                assets, including interchanges, and the 
                reconstruction history of those assets;
                  (B) can be used to assess transportation 
                options;
                  (C) allow for the monitoring and modeling of 
                network-level traffic flows on highways; and
                  (D) further Federal and State understanding 
                of the importance of national and regional 
                connectivity and the need for long-distance and 
                interregional passenger and freight travel by 
                highway and other surface transportation modes.
  (c) Technology and Innovation Deployment Program.--
          (1) In general.--The Secretary shall carry out a 
        technology and innovation deployment program relating 
        to all aspects of highway transportation, including 
        planning, financing, operation, structures, use of 
        rights-of-way permissible under applicable law, 
        materials, pavements, environment, construction, and 
        the duration of time between project planning and 
        project delivery, with the goals of--
           * * * * * * *
                  (A) * * *
           * * * * * * *
                  (D) improving highway efficiency, safety, 
                mobility, reliability, service life, 
                environmental protection, and sustainability; 
                [and]
                  (E) developing and deploying new tools, 
                techniques, and practices to accelerate the 
                adoption of innovation in all aspects of 
                highway transportation[.] ; and
                  (F) disseminating and evaluating information 
                from accelerated market readiness efforts, 
                including non-market-ready technologies, to 
                public and private entities.
          (2) Implementation.--
                  (A) In general.--* * *
           * * * * * * *
                  (B) Accelerated innovation deployment.--* * *
           * * * * * * *
                          (iii) develop [improved tools and 
                        methods to accelerate the adoption] and 
                        deploy improved tools and methods to 
                        accelerate the adoption of early-stage 
                        and proven innovative practices and 
                        technologies and, as the Secretary 
                        determines to be appropriate, support 
                        continued implementation of proven 
                        innovative practices and technologies 
                        as standard practices.
           * * * * * * *
                  (D) Report.--Not later than 2 years after the 
                date of enactment of this subparagraph and 
                every 2 years thereafter, the Secretary shall 
                submit to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and make publicly available 
                on an internet website a report that 
                describes--
                          (i) the activities the Secretary has 
                        undertaken to carry out the program 
                        established under paragraph (1); and
                          (ii) how and to what extent the 
                        Secretary has worked to disseminate 
                        non-market-ready technologies to public 
                        and private entities.
          (3) Accelerated implementation and deployment of 
        pavement technologies.--
                  (A) In general.--* * *
           * * * * * * *
                  (B) Goals.--* * *
           * * * * * * *
                  (C) High-friction surface treatment 
                application study.--
                          (i) Definition of institution.--In 
                        this subparagraph, the term 
                        `institution' means a private sector 
                        entity, public agency, research 
                        university or other research 
                        institution, or organization 
                        representing transportation and 
                        technology leaders or other 
                        transportation stakeholders that, as 
                        determined by the Secretary, is capable 
                        of working with State highway agencies, 
                        the Federal Highway Administration, and 
                        the highway construction industry to 
                        develop and evaluate new products, 
                        design technologies, and construction 
                        methods that quickly lead to pavement 
                        improvements.
                          (ii) Study.--The Secretary shall seek 
                        to enter into an agreement with an 
                        institution to carry out a study on the 
                        use of natural and synthetic calcined 
                        bauxite as a high-friction surface 
                        treatment application on pavement.
                          (iii) Report.--Not later than 18 
                        months after the date of enactment of 
                        the America's Transportation 
                        Infrastructure Act of 2019, the 
                        Secretary shall submit a report on the 
                        results of the study under clause (ii) 
                        to--
                                  `(I) the Committee on 
                                Environment and Public Works of 
                                the Senate;
                                  (II) the Committee on 
                                Transportation and 
                                Infrastructure of the House of 
                                Representatives;
                                  (III) the Federal Highway 
                                Administration; and
                                  (IV) the American Association 
                                of State Highway and 
                                Transportation Officials.
                  [(C)] (D) Funding.--The Secretary shall 
                obligate for each of [fiscal years 2016 through 
                2020] fiscal years 2021 through 2025 from funds 
                made available to carry out this subsection 
                $12,000,000 to accelerate the deployment and 
                implementation of pavement technology.
                  [(D)] (E) Publication.--
                          (i) In general.--Not less frequently 
                        than [annually] once every 3 years, the 
                        Secretary shall issue and make 
                        available to the public on an Internet 
                        website a report on the cost and 
                        benefits from deployment of new 
                        technology and innovations that 
                        substantially and directly resulted 
                        from the program established under this 
                        paragraph.
                          (ii) Inclusions.--The report under 
                        clause (i) may include an analysis of--
                                  (I) Federal, State, and local 
                                cost savings;
                                  (II) project delivery time 
                                improvements;
                                  (III) reduced fatalities; 
                                [and]
                                  (IV) congestion impacts[.] ; 
                                and
                                  (V) pavement monitoring and 
                                data collection practices;
                                  (VI) pavement durability and 
                                resilience;
                                  (VII) stormwater management;
                                  (VIII) impacts on vehicle 
                                efficiency;
                                  (IX) the energy efficiency of 
                                the production of paving 
                                materials and the ability of 
                                paving materials to enhance the 
                                environment and promote 
                                sustainability; and
                                  (X) integration of renewable 
                                energy in pavement designs.
          (4) Advanced transportation technologies and 
        innovative mobility deployment.--
                  [(A) In general.--Not later than 6 months 
                after the date of enactment of this paragraph, 
                the Secretary shall establish an advanced 
                transportation and congestion management 
                technologies deployment initiative to provide 
                grants to eligible entities to develop model 
                deployment sites for large scale installation 
                and operation of advanced transportation 
                technologies to improve safety, efficiency, 
                system performance, and infrastructure return 
                on investment.]
                  (A) In general.--The Secretary shall provide 
                grants to eligible entities to deploy, install, 
                and operate advanced transportation 
                technologies to improve safety, mobility, 
                efficiency, system performance, intermodal 
                connectivity, and infrastructure return on 
                investment.
                  (B) Criteria.--The Secretary shall develop 
                criteria for selection of an eligible entity to 
                receive a grant under this paragraph, including 
                how the deployment of technology will--
                          (i) reduce costs and improve return 
                        on investments, including through [the 
                        enhanced use] optimization of existing 
                        transportation capacity;
           * * * * * * *
                          (v) collect, disseminate, and use 
                        real-time traffic, [transit,] work 
                        zone, weather, transit, paratransit, 
                        parking, and other transportation-
                        related information to improve 
                        mobility, reduce congestion, and 
                        provide for more efficient [and 
                        accessible transportation], accessible, 
                        and integrated transportation and 
                        transportation services;
                          (vi) facilitate account-based 
                        payments for transportation access and 
                        services and integrate payment systems 
                        across modes;
                          [(vi)] (vii) monitor transportation 
                        assets to improve infrastructure 
                        management, reduce maintenance costs, 
                        prioritize investment decisions, and 
                        ensure a state of good repair;
                          [(vii)] (viii) deliver economic 
                        benefits by reducing delays, improving 
                        system performance, and providing for 
                        the efficient and reliable movement of 
                        goods and services; [or]
                          (ix) incentivize travelers--
                                  (I) to share trips during 
                                periods in which travel demand 
                                exceeds system capacity; or
                                  (II) to shift trips to 
                                periods in which travel demand 
                                does not exceed system 
                                capacity; or
                          [(viii)] (x) accelerate the 
                        deployment of vehicle-to-vehicle, 
                        vehicle-to-infrastructure, autonomous 
                        vehicles, and other technologies.
                  (C) Applications.--
                          (i) Request.--[Not later than 6 
                        months after the date of enactment of 
                        this paragraph, and for every fiscal 
                        year thereafter] Each fiscal year for 
                        which funding is made available for 
                        activities under this paragraph, the 
                        Secretary shall request applications in 
                        accordance with clause (ii).
                          (ii) Contents.--An application 
                        submitted under this subparagraph shall 
                        include the following:
                                  (I) Plan.--A plan to deploy 
                                and provide for the long-term 
                                operation and maintenance of 
                                advanced transportation and 
                                congestion management 
                                technologies to improve safety, 
                                mobility, efficiency, system 
                                performance, and return on 
                                investment.
                                  (II) Objectives.--
                                Quantifiable system performance 
                                improvements, such as--
                                          (aa) reducing 
                                        traffic-related 
                                        crashes, congestion, 
                                        and costs;
                                          (bb) optimizing 
                                        system efficiency; 
                                        [and]
                                          (cc) improving access 
                                        to transportation 
                                        services[.] ; and
           * * * * * * *
                                          (dd) facilitating 
                                        payment for 
                                        transportation 
                                        services.
                  (D) Grant selection.--
                          (i) Grant awards.--[Not later than 1 
                        year after the date of enactment of 
                        this paragraph, and for every fiscal 
                        year thereafter] Each fiscal year for 
                        which funding is made available for 
                        activities under this paragraph, the 
                        Secretary shall award grants to not 
                        less than 5 and not more than 10 
                        eligible entities.
                          (ii) Geographic diversity.--[In 
                        awarding]
                                  (I) In general.--Subject to 
                                subclause (II), in awarding a 
                                grant under this paragraph, the 
                                Secretary shall ensure, to the 
                                extent practicable, that grant 
                                recipients represent diverse 
                                geographic areas of the United 
                                States, including urban and 
                                rural areas.
                                  (II) Rural set-aside.--Not 
                                less than 20 percent of the 
                                amounts made available to carry 
                                out this paragraph shall be 
                                reserved for projects serving 
                                rural areas.
           * * * * * * *
                  (E) Use of grant funds.--A grant recipient 
                may use funds awarded under this paragraph to 
                deploy advanced transportation and congestion 
                management technologies, including--
                          (i) advanced traveler information 
                        systems;
                          (ii) advanced transportation 
                        management technologies;
                          (iii) advanced transportation 
                        technologies to improve emergency 
                        evacuation and response by Federal, 
                        State, and local authorities;
                          [(iii)] (iv) infrastructure 
                        maintenance, monitoring, and condition 
                        assessment;
                          [(iv)] (v) advanced public 
                        transportation systems;
                          [(v)] (vi) transportation system 
                        performance data collection, analysis, 
                        and dissemination systems;
                          [(vi)] (vii) advanced safety systems, 
                        including vehicle-to-vehicle and 
                        vehicle-to-infrastructure 
                        communications, technologies associated 
                        with autonomous vehicles, and other 
                        collision avoidance technologies, 
                        including systems using cellular 
                        technology;
                          [(vii)] (viii) integration of 
                        intelligent transportation systems with 
                        the Smart Grid and other energy 
                        distribution and charging systems;
                          (ix) integrated corridor management 
                        systems;
                          (x) advanced parking reservation or 
                        variable pricing systems;
                          [(viii)] (xi) electronic pricing, 
                        toll collection, and payment systems; 
                        [or]
                          (xii) technology that enhances high 
                        occupancy vehicle toll lanes, cordon 
                        pricing, or congestion pricing;
                          (xiii) integration of transportation 
                        service payment systems; or
                          [(ix)] (xiv) advanced mobility [and 
                        access], access, and on-demand 
                        transportation service technologies, 
                        such as dynamic ridesharing and other 
                        shared-use mobility applications and 
                        information systems to support human 
                        services for elderly and disabled 
                        individuals.
                  (F) Report to Secretary.--For each eligible 
                entity that receives a grant under this 
                paragraph, not later than 1 year after the 
                entity receives the grant, and each year 
                thereafter, the entity shall submit a report to 
                the Secretary that describes--
                          (i) deployment and operational costs 
                        of the project compared to the benefits 
                        and savings the project provides; and
                          (ii)* * *
           * * * * * * *
                                  (IV) lessons learned and 
                                recommendations for future 
                                deployment strategies to 
                                optimize transportation 
                                [efficiency and multimodal 
                                system performance] mobility, 
                                efficiency, multimodal system 
                                performance, and payment system 
                                performance.
                  (G) Report.--* * *
           * * * * * * *
                          (v) improved access to transportation 
                        alternatives;
                          (vi) improved integration of payment 
                        systems;
                          [(vi)] (vii) provided the public with 
                        access to real-time integrated traffic, 
                        transit, and multimodal transportation 
                        information to make informed travel 
                        decisions;
                          [(vii)] (viii) provided cost savings 
                        to transportation agencies, businesses, 
                        and the traveling public; or
                          [(viii)] (ix) provided other benefits 
                        to transportation users and the general 
                        public.
           * * * * * * *
                  (I) Funding.--
                          (i) In general.--From funds made 
                        available to carry out subsection (b), 
                        this subsection, and sections 512 
                        through 518, the Secretary shall set 
                        aside for grants awarded under 
                        subparagraph (D) $60,000,000 for each 
                        of [fiscal years 2016 through 2020] 
                        fiscal years 2021 through 2025.
           * * * * * * *
                  (N) Definitions.--In this paragraph, the 
                following definitions apply:
                          (i) Eligible entity.--The term 
                        ``eligible entity'' means a State or 
                        local government, a transit agency, 
                        metropolitan planning organization 
                        [representing a population of over 
                        200,000], or other political 
                        subdivision of a State or local 
                        government or a multijurisdictional 
                        group or a consortia of research 
                        institutions or academic institutions.
           * * * * * * *
                          (iii) Multijurisdictional group.--The 
                        term ``multijurisdictional group'' 
                        means [a any] any combination of State 
                        governments, local governments, 
                        metropolitan planning agencies, transit 
                        agencies, or other political 
                        subdivisions of a State for which each 
                        member of the group--
           * * * * * * *
          (5) Accelerated implementation and deployment of 
        advanced digital construction management systems.--
                  (A) In general.--The Secretary shall 
                establish and implement a program under the 
                technology and innovation deployment program 
                established under paragraph (1) to promote, 
                implement, deploy, demonstrate, showcase, 
                support, and document the application of 
                advanced digital construction management 
                systems, practices, performance, and benefits.
                  (B) Goals.--The goals of the accelerated 
                implementation and deployment of advanced 
                digital construction management systems program 
                established under subparagraph (A) shall 
                include--
                          (i) accelerated State adoption of 
                        advanced digital construction 
                        management systems applied throughout 
                        the construction lifecycle (including 
                        through the design and engineering, 
                        construction, and operations phases) 
                        that--
                                  (I) maximize interoperability 
                                with other systems, products, 
                                tools, or applications;
                                  (II) boost productivity;
                                  (III) manage complexity;
                                  (IV) reduce project delays 
                                and cost overruns; and
                                  (V) enhance safety and 
                                quality;
                          (ii) more timely and productive 
                        information-sharing among stakeholders 
                        through reduced reliance on paper to 
                        manage construction processes and 
                        deliverables such as blueprints, design 
                        drawings, procurement and supply-chain 
                        orders, equipment logs, daily progress 
                        reports, and punch lists;
                          (iii) deployment of digital 
                        management systems that enable and 
                        leverage the use of digital 
                        technologies on construction sites by 
                        contractors, such as state-of-the-art 
                        automated and connected machinery and 
                        optimized routing software that allows 
                        construction workers to perform tasks 
                        faster, safer, more accurately, and 
                        with minimal supervision;
                          (iv) the development and deployment 
                        of best practices for use in digital 
                        construction management;
                          (v) increased technology adoption and 
                        deployment by States and units of local 
                        government that enables project 
                        sponsors--
                                  (I) to integrate the adoption 
                                of digital management systems 
                                and technologies in contracts; 
                                and
                                  (II) to weigh the cost of 
                                digitization and technology in 
                                setting project budgets;
                          (vi) technology training and 
                        workforce development to build the 
                        capabilities of project managers and 
                        sponsors that enables States and units 
                        of local government--
                                  (I) to better manage projects 
                                using advanced construction 
                                management technologies; and
                                  (II) to properly measure and 
                                reward technology adoption 
                                across projects of the State or 
                                unit of local government;
                          (vii) development of guidance to 
                        assist States in updating regulations 
                        of the State to allow project sponsors 
                        and contractors--
                                  (I) to report data relating 
                                to the project in digital 
                                formats; and
                                  (II) to fully capture the 
                                efficiencies and benefits of 
                                advanced digital construction 
                                management systems and related 
                                technologies;
                          (viii) reduction in the environmental 
                        footprint of construction projects 
                        using advanced digital construction 
                        management systems resulting from 
                        elimination of congestion through more 
                        efficient projects; and
                          (ix) enhanced worker and pedestrian 
                        safety resulting from increased 
                        transparency.
                  (C) Funding.--For each of fiscal years 2021 
                through 2025, the Secretary shall obligate from 
                funds made available to carry out this 
                subsection $20,000,000 to accelerate the 
                deployment and implementation of advanced 
                digital construction management systems.
                  (D) Publication.--
                          (i) In general.--Not less frequently 
                        than annually, the Secretary shall 
                        issue and make available to the public 
                        on a website a report on--
                                  (I) progress made in the 
                                implementation of advanced 
                                digital management systems by 
                                States; and
                                  (II) the costs and benefits 
                                of the deployment of new 
                                technology and innovations that 
                                substantially and directly 
                                resulted from the program 
                                established under this 
                                paragraph.
                          (ii) Inclusions.--The report under 
                        clause (i) may include an analysis of--
                                  (I) Federal, State, and local 
                                cost savings;
                                  (II) project delivery time 
                                improvements;
                                  (III) congestion impacts; and
                                  (IV) safety improvements for 
                                roadway users and construction 
                                workers.
          (6) Center of excellence.--
                  (A) Definitions.--In this paragraph:
                          (i) Automated vehicle.--The term 
                        `automated vehicle' means a motor 
                        vehicle that--
                                  (I) has a taxable gross 
                                weight (as defined in section 
                                41.4482(b)-1 of title 26, Code 
                                of Federal Regulations (or 
                                successor regulations)) of 
                                10,000 pounds or less; and
                                  (II) is capable of performing 
                                the entire task of driving 
                                (including steering, 
                                accelerating and decelerating, 
                                and reacting to external 
                                stimulus) without human 
                                intervention.
                          (ii) New mobility.--The term `new 
                        mobility' includes shared services such 
                        as--
                                  (I) docked and dockless 
                                bicycles;
                                  (II) docked and dockless 
                                electric scooters; and
                                  (III) transportation network 
                                companies.
                  (B) Establishment.--Not later than 1 year 
                after the date of enactment of the America's 
                Transportation Infrastructure Act of 2019, the 
                Secretary shall establish a Center of 
                Excellence to collect, conduct, and fund 
                research on the impacts of new mobility and 
                automated vehicles on land use, urban design, 
                transportation, real estate, equity, and 
                municipal budgets.
                  (C) Partnerships.--In establishing the Center 
                of Excellence under subparagraph (B), the 
                Secretary shall enter into appropriate 
                partnerships with any institution of higher 
                education (as defined in section 101 of the 
                Higher Education Act of 1965 (20 U.S.C. 1001)) 
                or public or private research entity.
           * * * * * * *

Sec. 504. Training and education

  (a) National Highway Institute.--
          (1) In general.-- * * *
           * * * * * * *
  (e) Surface Transportation Workforce Development, Training, 
and Education.--
          (1) Funding.--Subject to project approval by the 
        Secretary, a State may obligate funds apportioned to 
        the State under paragraphs (1) through (4) of section 
        104(b) for surface transportation workforce 
        development, training, and education, including--
                  (A) * * *
           * * * * * * *
                  (D) pre-apprenticeships, apprenticeships, and 
                career opportunities for on-the-job training;
                  [(D)] (E) university [or community college] , 
                college, community college, or vocational 
                school support;
                  [(E)] (F) education activities, including 
                outreach, to develop interest and promote 
                participation in surface transportation 
                careers;
                  (G) activities associated with workforce 
                training and employment services, such as 
                targeted outreach and partnerships with 
                industry, economic development organizations, 
                workforce development boards, and labor 
                organizations;
                  [(F)] (H) activities carried out by the 
                National Highway Institute under subsection 
                (a); and
                  [(G)] (I) local technical assistance programs 
                under subsection (b).
          (2) Federal share.--The Federal share of the cost of 
        activities carried out in accordance with this 
        subsection shall be 100 percent, except for activities 
        carried out under [paragraph (1)(G)] paragraph (1) (I), 
        for which the Federal share shall be 50 percent.
          (3) Surface transportation workforce development, 
        training, and education defined.--In this subsection, 
        the term ``surface transportation workforce 
        development, training, and education'' means activities 
        associated with surface transportation career 
        awareness, student transportation career preparation, 
        and training and professional development for surface 
        transportation workers, [including activities] 
        including--
                  (A) activities for women and minorities[.] ;
                  (B) activities that address current workforce 
                gaps, such as work on construction projects, of 
                State and local transportation agencies;
                  (C) activities to develop a robust surface 
                transportation workforce with new skills 
                resulting from emerging transportation 
                technologies; and
                  (D) activities to attract new sources of job-
                creating investment.
           * * * * * * *
  (f) Transportation Education [Development] and Training 
Development and Deployment Program.--
          [(1) Establishment.--The Secretary shall establish a 
        program to make grants to institutions of higher 
        education that, in partnership with industry or State 
        departments of transportation, will develop, test, and 
        revise new curricula and education programs to train 
        individuals at all levels of the transportation 
        workforce.]
          (1) Establishment.--The Secretary shall establish a 
        program to make grants to educational institutions or 
        State departments of transportation, in partnership 
        with industry and relevant Federal departments and 
        agencies--
                  (A) to develop, test, and review new 
                curricula and education programs to train 
                individuals at all levels of the transportation 
                workforce; or
                  (B) to implement the new curricula and 
                education programs to provide for hands-on 
                career opportunities to meet current and future 
                needs.
          (2) Selection of grant recipients.--In selecting 
        applications for awards under this subsection, the 
        Secretary [shall] may consider--
                  (A) the degree to which the new curricula or 
                education program meets the specific current or 
                future needs of a segment of the transportation 
                industry, States, or regions;
           * * * * * * *
                  (E) programs or curricula [in nontraditional 
                departments] that train professionals for work 
                in the transportation field, such as 
                construction, materials, information 
                technology, environmental science, urban 
                planning, and industrial or emerging 
                technology; and
           * * * * * * *
          (3) Reporting.--The Secretary shall establish minimum 
        reporting requirements for grant recipients under this 
        subsection, which may include, with respect to a 
        program carried out with a grant under this 
        subsection--
                  (A) the percentage or number of program 
                participants that are employed during the 
                second quarter after exiting the program;
                  (B) the percentage or number of program 
                participants that are employed during the 
                fourth quarter after exiting the program;
                  (C) the median earnings of program 
                participants that are employed during the 
                second quarter after exiting the program;
                  (D) the percentage or number of program 
                participants that obtain a recognized 
                postsecondary credential or a secondary school 
                diploma (or a recognized equivalent) during 
                participation in the program or by not later 
                than 1 year after exiting the program; and
                  (E) the percentage or number of program 
                participants that, during a program year--
                          (i) are in an education or training 
                        program that leads to a recognized 
                        postsecondary credential or employment; 
                        and
                          (ii) are achieving measurable skill 
                        gains toward such a credential or 
                        employment.
           * * * * * * *
          [(3)] (4) Limitations.--The amount of a grant under 
        this subsection shall not exceed $300,000 per year. 
        After a recipient has received 3 years of Federal 
        funding under this subsection, Federal funding may 
        equal not more than 75 percent of a grantee's program 
        costs.
  (g) Freight Capacity Building Program.--
          (1) Establishment.-- * * *
           * * * * * * *
          (6) Use of funds.--Funds made available for the 
        program established under this subsection may be used 
        for research, program development, information 
        collection and dissemination, and technical assistance. 
        The Secretary may use such funds independently or [make 
        grants or to] make grants tod enter into 
        contracts and cooperative agreements with a Federal 
        agency, State agency, local agency, federally 
        recognized Indian tribal government or tribal 
        consortium, authority, association, nonprofit or for-
        profit corporation, or institution of higher education, 
        to carry out the purposes of this subsection.
           * * * * * * *
  (i) Use of Funds.--The Secretary may use funds made available 
to carry out this section to carry out activities related to 
workforce development and technical assistance and training 
if--
          (1) the activities are authorized by another 
        provision of this title; and
          (2) the activities are for entities other than 
        employees of the Secretary, such as States, units of 
        local government, Federal land management agencies, and 
        Tribal governments.
           * * * * * * *

Sec. 515. General authorities and requirements

  (a) Scope.-- * * *
           * * * * * * *
  (h) Advisory Committee.--
          (1) In general.--The Secretary shall establish an 
        Advisory Committee to advise the Secretary on carrying 
        out 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)  * * *
           * * * * * * *
                  (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 State, local, or 
                regional wildlife, land use, or resource 
                management agency;
                  [(D)] (E) a representative from a 
                metropolitan planning organization;
                  [(E)] (F) a private sector user of 
                intelligent transportation system technologies;
                  [(F)] (G) 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)] (H) an academic researcher who is a 
                civil engineer;
                  [(H)] (I) an academic researcher who is a 
                social scientist with expertise in 
                transportation issues;
                  (J) an academic researcher who is a 
                biological or ecological scientist with 
                expertise in transportation issues;
                  [(I)] (K) a representative from a nonprofit 
                group representing the intelligent 
                transportation system industry;
                  [(J)] (L) a representative from a public 
                interest group concerned with safety;
                  [(K)] (M) a representative from a public 
                interest group concerned with the impact of the 
                transportation system on land use and 
                residential patterns; [and]
                  (N) a representative from a public interest 
                group concerned with the impact of the 
                transportation system on terrestrial and 
                aquatic species and the habitat of those 
                species; and
                  [(L)] (O) members with expertise in planning, 
                safety, telecommunications, utilities, and 
                operations.
           * * * * * * *

Sec. 516. Research and development

  (a) In General.-- * * *
           * * * * * * *
  (b) Priority Areas.--Under the program, the Secretary shall 
give higher priority to funding projects that--
          (1) * * *
           * * * * * * *
          (6) enhance safety through improved crash avoidance 
        and protection, crash and other notification, 
        commercial motor vehicle operations, and 
        infrastructure-based or cooperative safety systems, 
        including animal detection systems to reduce the number 
        of wildlife-vehicle collisions ; or
           * * * * * * *

                   CHAPTER 6--INFRASTRUCTURE FINANCE

           * * * * * * *

Sec. 601. Generally applicable provisions

  (a) Definitions.--The following definitions apply to sections 
601 through 609:
          (1) Administratively allocated.--The term 
        `administratively allocated' means the allocation by 
        the Secretary of budget authority for a project under 
        the TIFIA program that occurs when--
                  (A) a potential applicant has been invited 
                into the creditworthiness phase for a project 
                under the TIFIA program; or
                  (B) the project is subject to a master credit 
                agreement, in accordance with section 
                602(b)(2).
          [(1)] (2) Contingent commitment.-- * * *
           * * * * * * *
          [(2)] (3) Eligible project costs.-- * * *
           * * * * * * *
          [(3)] (4) Federal credit instrument.--The term 
        ``Federal credit instrument'' means a secured loan, 
        loan guarantee, or line of credit authorized to be made 
        available under the TIFIA program with respect to a 
        project.
          [(4)] (5) Investment-grade rating.-- * * *
           * * * * * * *
          [(5)] (6) Lender.-- * * *
           * * * * * * *
          [(6)] (7) Letter of interest.-- * * *
           * * * * * * *
          [(7)] (8) Line of credit.-- * * *
           * * * * * * *
          [(8)] (9) Limited buydown.-- * * *
           * * * * * * *
          [(9)] (10) Loan guarantee.-- * * *
           * * * * * * *
          [(10)] (11) Master credit agreement.--The term 
        ``master credit agreement'' means a conditional 
        agreement to extend credit assistance for a program of 
        related projects secured by a common security pledge 
        covered under section 602(b)(2)(A) or for a single 
        project covered under section 602(b)(2)(B) that does 
        not provide for a current obligation of Federal funds, 
        and that would--
                  (A)  * * *
           * * * * * * *
                  (E) require that contingent commitments 
                result in a financial close and obligation of 
                credit assistance not later than [3 years] 5 
                years after the date of entry into the master 
                credit agreement, or release of the commitment, 
                unless otherwise extended by the Secretary.
          [(11)] (12) Obligor.-- * * *
           * * * * * * *
          [(12)] (13) Project.--The term ``project'' means--
                  (A)  * * *
           * * * * * * *
                  [(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, or capital project described in 
                section 5302(3)(G)(v) of title 49, and related 
                infrastructure; and]
                  (E) a project to improve or construct public 
                infrastructure--
                          (i) that--
                                  (I) is located within walking 
                                distance of, and accessible to, 
                                a fixed guideway transit 
                                facility, passenger rail 
                                station, intercity bus station, 
                                or intermodal facility, 
                                including a transportation, 
                                public utility, or capital 
                                project described in section 
                                5302(3)(G)(v) of title 49, and 
                                related infrastructure; or
                                  (II) is a project for 
                                economic development, including 
                                commercial and residential 
                                development, and related 
                                infrastructure and activities--
                                          (aa) that 
                                        incorporates private 
                                        investment;
                                          (bb) that is 
                                        physically or 
                                        functionally related to 
                                        a passenger rail 
                                        station or multimodal 
                                        station that includes 
                                        rail service;
                                          (cc) for which the 
                                        project sponsor has a 
                                        high probability of 
                                        commencing the 
                                        contracting process for 
                                        construction by not 
                                        later than 90 days 
                                        after the date on which 
                                        credit assistance under 
                                        the TIFIA program is 
                                        provided for the 
                                        project; and
                                          (dd) that has a high 
                                        probability of reducing 
                                        the need for financial 
                                        assistance under any 
                                        other Federal program 
                                        for the relevant 
                                        passenger rail station 
                                        or service by 
                                        increasing ridership, 
                                        tenant lease payments, 
                                        or other activities 
                                        that generate revenue 
                                        exceeding costs; and
                          (ii) for which, by not later than 
                        September 30, 2025, the Secretary has--
                                  (I) received a letter of 
                                interest; and
                                  (II) determined that the 
                                project is eligible for 
                                assistance;
                  (F) the capitalization of a rural projects 
                fund[.] ;
                  (G) an eligible airport-related project (as 
                defined in section 40117(a) of title 49) for 
                which, not later than September 30, 2024, the 
                Secretary has--
                          (i) received a letter of interest; 
                        and
                          (ii) determined that the project is 
                        eligible for assistance; and
                  (H) a project for the acquisition of plant 
                and wildlife habitat pursuant to a conservation 
                plan that--
                          (i) has been approved by the 
                        Secretary of the Interior pursuant to 
                        section 10 of the Endangered Species 
                        Act of 1973 (16 U.S.C. 1539); and
                          (ii) in the judgment of the 
                        Secretary, would mitigate the 
                        environmental impacts of transportation 
                        infrastructure projects otherwise 
                        eligible for assistance under this 
                        title.
          [(13)] (14) Project obligation.-- * * *
           * * * * * * *
          [(14)] (15) Rating agency.-- * * *
           * * * * * * *
          [(15)] (16) Rural infrastructure project.-- * * *
           * * * * * * *
          [(16)] (17) Rural projects fund.-- * * *
           * * * * * * *
          [(17)] (18) Secured loan.-- * * *
           * * * * * * *
          [(18)] (19) State.-- * * *
           * * * * * * *
          [(19)] (20) State infrastructure bank.-- * * *
           * * * * * * *
          [(20)] (21) Subsidy amount.-- * * *
           * * * * * * *
          [(21)] (22) Substantial completion.-- * * *
           * * * * * * *
          [(22)] (23) TIFIA program.-- * * *
           * * * * * * *

Sec. 602. Determination of eligibility and project selection

  (a) Eligibility.--
          (1) In general.-- * * *
           * * * * * * *
          (2) Creditworthiness.--
                  (A) In general.--To be eligible for 
                assistance under the TIFIA program, a project 
                shall satisfy applicable creditworthiness 
                standards, which, at a minimum, shall include--
                          (i)  * * *
           * * * * * * *
                          (iv) [a rating] an investment-grade 
                        rating from at least 2 rating agencies 
                        on the Federal credit instrument, 
                        subject to the condition that, with 
                        respect to clause (iii), if the total 
                        amount of the senior debt and the 
                        Federal credit instrument is less than 
                        [$75,000,000] $150,000,000, 1 rating 
                        agency opinion for each of the senior 
                        debt and Federal credit instrument 
                        shall be sufficient.
                  (B) Senior debt.--Notwithstanding 
                subparagraph (A), in a case in which the 
                Federal credit instrument is the [senior debt] 
                senior debt, the Federal credit instrument 
                shall be required to receive an investment 
                grade rating from at least 2 rating agencies, 
                unless the [credit instrument is for an amount 
                less than $75,000,000] total amount of other 
                senior debt and the Federal credit instrument 
                is less than $150,000,000, in which case 1 
                rating agency opinion shall be sufficient.
           * * * * * * *
          (5) Eligible project cost parameters.--
                  (A) In general.-- * * *
           * * * * * * *
                  (B) Exceptions.--
                          (i) Intelligent transportation 
                        systems.-- * * *
           * * * * * * *
                          (ii) Transit-oriented development 
                        projects.--In the case of a project 
                        described in section [601(a)(12)(E)] 
                        section 601(a)(13)(E), eligible project 
                        costs shall be reasonably anticipated 
                        to equal or exceed $10,000,000.
           * * * * * * *
          (10) Project readiness.--
                  (A) In general.-- * * *
           * * * * * * *
          (11) Public-private partnerships.--In the case of a 
        project to be carried out through a public-private 
        partnership, the public partner shall have--
                  (A) conducted a value for money analysis or 
                similar comparative analysis; and
                  (B) determined the appropriateness of the 
                public-private partnership agreement.
           * * * * * * *
  (d) Application Processing Procedures.--
          (1) Processing timelines.--Except in the case of an 
        application described in subsection (a)(8) and to the 
        maximum extent practicable, the Secretary shall provide 
        an applicant with a specific estimate of the timeline 
        for the approval or disapproval of the application of 
        the applicant, which, to the maximum extent 
        practicable, the Secretary shall endeavor to complete 
        by not later than 150 days after the date on which the 
        applicant submits a letter of interest to the 
        Secretary.
          [(1)] (2) Notice of complete application.--Not later 
        than 30 days after the date of receipt of an 
        application under this section, the Secretary shall 
        provide to the applicant a written notice to inform the 
        applicant whether--
                  (A) the application is complete; or
                  (B) additional information or materials are 
                needed to complete the application.
          [(2)] (3) Approval or denial of application.--Not 
        later than 60 days after the date of issuance of the 
        written notice under [paragraph (1)] paragraph (2), the 
        Secretary shall provide to the applicant a written 
        notice informing the applicant whether the Secretary 
        has approved or disapproved the application.
           * * * * * * *
  (e) Development Phase Activities.--Any credit instrument 
secured under 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)] section 601(a)(3)(A).
           * * * * * * *

Sec. 603. Secured loans

  (a) In General.-- * * *
           * * * * * * *
  (c) Repayment.--
          (1) Schedule.-- * * *
           * * * * * * *
          (4) Prepayment.--
                  (A) Use of excess revenues.--[Any excess]
                          (i) In general.--Except as provided 
                        in clause (ii), any excess revenues 
                        that remain after satisfying scheduled 
                        debt service requirements on the 
                        project obligations and secured loan 
                        and all deposit requirements under the 
                        terms of any trust agreement, bond 
                        resolution, or similar agreement 
                        securing project obligations may be 
                        applied annually to prepay the secured 
                        loan without penalty.
                          (ii) Certain applicants.--In the case 
                        of a secured loan or other secured 
                        Federal credit instrument provided 
                        after the date of enactment of the 
                        America's Transportation Infrastructure 
                        Act of 2019, if the obligor is a 
                        governmental entity, agency, or 
                        instrumentality, the obligor shall not 
                        be required to prepay the secured loan 
                        or other secured Federal credit 
                        instrument with any excess revenues 
                        described in clause (i) if the obligor 
                        enters into an agreement to use those 
                        excess revenues only for purposes 
                        authorized under this title or title 
                        49.
           * * * * * * *
  (f) Streamlined Application Process.--
          (1) In general.-- * * *
           * * * * * * *
          (3) Additional terms for expedited decisions.--
                  (A) In general.--Not later than 120 days 
                after the date of enactment of this paragraph, 
                the Secretary shall implement an expedited 
                decision timeline for public agency borrowers 
                seeking secured loans that meet--
                          (i) the terms under paragraph (2); 
                        and
                          (ii) the additional criteria 
                        described in subparagraph (B).
                  (B) Additional criteria.--The additional 
                criteria referred to in subparagraph (A)(ii) 
                are the following:
                          (i) The secured loan is made on terms 
                        and conditions that substantially 
                        conform to the conventional terms and 
                        conditions established by the National 
                        Surface Transportation Innovative 
                        Finance Bureau.
                          (ii) The secured loan is rated in the 
                        A category or higher.
                          (iii) The TIFIA program share of 
                        eligible project costs is 33 percent or 
                        less.
                          (iv) The applicant demonstrates a 
                        reasonable expectation that the 
                        contracting process for the project can 
                        commence by not later than 90 days 
                        after the date on which a Federal 
                        credit instrument is obligated for the 
                        project under the TIFIA program.
                          (v) The project has received a 
                        categorical exclusion, a finding of no 
                        significant impact, or a record of 
                        decision under the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.).
                  (C) Written notice.--The Secretary shall 
                provide to an applicant seeking a secured loan 
                under the expedited decision process under this 
                paragraph a written notice informing the 
                applicant whether the Secretary has approved or 
                disapproved the application by not later than 
                180 days after the date on which the Secretary 
                submits to the applicant a letter indicating 
                that the National Surface Transportation 
                Innovative Finance Bureau has commenced the 
                creditworthiness review of the project.
           * * * * * * *

Sec. 605. Program administration

  (a) Requirement.-- * * *
           * * * * * * *
  (f) Assistance to Small Projects.--
          (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)(5)] 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.
           * * * * * * *

Sec. 608. Funding

  (a) Funding.--
          (1) Spending and borrowing authority.-- * * *
           * * * * * * *
          (3) Rural set-aside.--
                  (A) In general.-- * * *
           * * * * * * *
          (4) Limitation for certain projects.--
                  (A) Transit-oriented development projects.--
                For each fiscal year, the Secretary may use to 
                carry out projects described in section 
                601(a)(13)(E) not more than 15 percent of the 
                amounts made available to carry out the TIFIA 
                program for that fiscal year.
                  (B) Airport-related projects.--The Secretary 
                may use to carry out projects described in 
                section 601(a)(13)(G)--
                          (i) for each fiscal year, not more 
                        than 15 percent of the amounts made 
                        available to carry out the TIFIA 
                        program under the America's 
                        Transportation Infrastructure Act of 
                        2019 for that fiscal year; and
                          (ii) for the period of fiscal years 
                        2021 through 2025, not more than 15 
                        percent of the unobligated carryover 
                        balances (as of October 1, 2020) made 
                        available to carry out the TIFIA 
                        program, less the total amount 
                        administratively allocated by the 
                        Secretary as of that date.
          [(4)] (5) Availability.--Amounts made available to 
        carry out the TIFIA program shall remain available 
        until expended.
          [(5)] (6) Administrative costs.--Of the amounts made 
        available to carry out the TIFIA program, the Secretary 
        may use not more than $6,875,000 for fiscal year 2016, 
        $7,081,000 for fiscal year 2017, $7,559,000 for fiscal 
        year 2018, $8,195,000 for fiscal year 2019, and 
        $8,441,000 for fiscal year 2020 for the administration 
        of the TIFIA program.]
          (6) Administrative costs.--Of the amounts made 
        available to carry out the TIFIA program, the Secretary 
        may use not more than $10,000,000 for each of fiscal 
        years 2021 through 2025 for the administration of the 
        TIFIA program.
           * * * * * * *

Sec. 609. Reports to Congress

  (a) In General.-- * * *
           * * * * * * *
  (b) Application Process Report.--
          (1) In general.-- * * *
           * * * * * * *
  (c) Status Reports.--
          (1) In general.--The Secretary shall publish on the 
        website for the TIFIA program--
                  (A) on a monthly basis, a current status 
                report on all submitted letters of interest and 
                applications received for assistance under the 
                TIFIA program; and
                  (B) on a quarterly basis, a current status 
                report on all approved applications for 
                assistance under the TIFIA program.
          (2) Inclusions.--Each monthly and quarterly status 
        report under paragraph (1) shall include, at a minimum, 
        with respect to each project included in the status 
        report--
                  (A) the name of the party submitting the 
                letter of interest or application;
                  (B) the name of the project;
                  (C) the date on which the letter of interest 
                or application was received;
                  (D) the estimated project eligible costs;
                  (E) the type of credit assistance sought; and
                  (F) the anticipated fiscal year and quarter 
                for closing of the credit assistance.
           * * * * * * *

Sec. 610. State infrastructure bank program

  (a) Definitions.-- * * *
           * * * * * * *
  (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 2016 
                through 2020] fiscal years 2021 through 2025 
                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 2016 through 2020] fiscal years 2021 
        through 2025 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 2016 through 2020] fiscal years 2021 
        through 2025 for capital projects under such subtitle.
           * * * * * * *
  (k) Program Administration.--For each of [fiscal years 2016 
through 2020] fiscal years 2021 through 2025, 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 40, UNITED STATES CODE

           * * * * * * *

            TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

           * * * * * * *

             SUBTITLE IV--APPALACHIAN REGIONAL DEVELOPMENT

                    CHAPTER 141--GENERAL PROVISIONS

Sec. 14101. Findings and purposes

  (a) 1965 Findings and Purpose.-- * * *
           * * * * * * *

Sec. 14102. Definitions

  (a) Definitions.--In this subtitle--
          (1) Appalachian region.--The term ``Appalachian 
        region'' means that area of the eastern United States 
        consisting of the following counties (including any 
        political subdivision located within the area):
                  (A) * * *
           * * * * * * *
                  (G) In North Carolina, the counties of 
                Alexander, Alleghany, Ashe, Avery, Buncombe, 
                Burke, Caldwell, Catawba, Cherokee, Clay, 
                Cleveland, Davie, Forsyth, Graham, Haywood, 
                Henderson, Jackson, McDowell, Macon, Madison, 
                Mitchell, Polk, Rutherford, Stokes, Surry, 
                Swain, Transylvania, Watauga, Wilkes, Yadkin, 
                and Yancey.

             SUBTITLE IV--APPALACHIAN REGIONAL DEVELOPMENT

              CHAPTER 143--APPALACHIAN REGIONAL COMMISSION

Sec. 14301. Establishment, membership, and employees

  (a) Establishment.--There is an Appalachian Regional 
Commission.
  (b) Membership.--
          (1) Federal and state members.-- * * *
           * * * * * * *
          (2) Alternate members.--Each state member may have a 
        single alternate, appointed by the Governor from among 
        the members of the Governor's cabinet or the Governor's 
        personal staff. The [President,,] President shall 
        appoint an alternate for the Federal Cochairman. An 
        alternate shall vote in the event of the absence, 
        death, disability, removal, or resignation of the 
        member for whom the individual is an alternate. [A 
        state alternate shall not be counted toward the 
        establishment of a quorum of the Commission when a 
        quorum of the state members is required.]
           * * * * * * *
  (c) Compensation.--The Federal Cochairman shall be 
compensated by the Federal Government at level III of the 
Executive Schedule as set out in section 5314 of title 5. The 
Federal Cochairman's alternate shall be compensated by the 
Government at level V of the Executive Schedule as set out in 
section 5316 of title 5. Each state member and alternate shall 
be compensated by the State which they represent at the rate 
established by law of that State.
  (d) Delegation.--
          (1) Powers and responsibilities.--Commission powers 
        and responsibilities specified in [section 14302(c) and 
        (d)] subsections (a) and (c) of section 14302 of this 
        title, and the vote of any Commission member, may not 
        be delegated to an individual who is not a Commission 
        member or who is not entitled to vote in Commission 
        meetings.
          (2) Alternate federal cochairman.--The alternate to 
        the Federal Cochairman shall perform the functions and 
        duties the Federal Cochairman delegates when not 
        actively serving as the alternate.
           * * * * * * *

Sec. 14302. Decisions

  (a) Requirements for Approval.--Except as provided in section 
14306(d) of this title, decisions by the Appalachian Regional 
Commission involving Appalachian Regional Commission policy, 
the approval of State, regional, or subregional development 
plans or strategy statements, the modification or revision of 
the Appalachian Regional Commission Code, the allocation of 
amounts among the States, or designation of a distressed 
county, an at-risk county, or an economically strong county 
require the affirmative vote of the Federal Cochairman and of a 
majority of the state members, exclusive of members 
representing States delinquent under section 14306(d).
  (b) Consultation.-- * * *
           * * * * * * *
  [(c) Decisions Requiring Quorum of State Members.--A decision 
involving Commission policy, approval of state, regional or 
subregional development plans or strategy statements, 
modification or revision of the Appalachian Regional Commission 
Code, allocation of amounts among the States, or designation of 
a distressed county or an economically strong county shall not 
be made without a quorum of state members.]
  [(d)] (c) Project and Grant Proposals.--The approval of 
project and grant proposals is a responsibility of the 
Commission and shall be carried out in accordance with section 
14322 of this title.
           * * * * * * *

[Sec. 14307. Meetings

  [(a) In General.--The Appalachian Regional Commission shall 
conduct at least one meeting each year with the Federal 
Cochairman and at least a majority of the state members 
present.
  [(b) Additional Meetings by Electronic Means.--The Commission 
may conduct additional meetings by electronic means as the 
Commission considers advisable, including meetings to decide 
matters requiring an affirmative vote.]

Sec. 14307. Meetings

  The Appalachian Regional Commission may conduct meetings by 
electronic means as the Appalachian Regional Commission 
considers advisable, including meetings to decide matters 
requiring an affirmative vote.
           * * * * * * *

             SUBTITLE IV--APPALACHIAN REGIONAL DEVELOPMENT

               CHAPTER 145--SPECIAL APPALACHIAN PROGRAMS

                         subchapter i--programs

Sec.
14501. Appalachian development highway system.
      * * * * * * *
14510. Drug abuse mitigation initiative.
14511. Appalachian regional energy hub initiative.
           * * * * * * *

                         SUBCHAPTER I--PROGRAMS

Sec. 14501. Appalachian development highway system

  (a) Purpose.-- * * *
           * * * * * * *

Sec. 14510. Drug abuse mitigation initiative

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

Sec. 14511. Appalachian regional energy hub initiative

  (a) In General.--The Appalachian Regional Commission may 
provide technical assistance to, make grants to, enter into 
contracts with, or otherwise provide amounts to individuals or 
entities in the Appalachian region for projects and 
activities--
          (1) to conduct research and analysis regarding the 
        economic impact of an ethane storage hub in the 
        Appalachian region that supports a more-effective 
        energy market performance due to the scale of the 
        project, such as a project with the capacity to store 
        and distribute more than 100,000 barrels per day of 
        hydrocarbon feedstock with a minimum gross heating 
        value of 1,700 Btu per standard cubic foot;
          (2) with the potential to significantly contribute to 
        the economic resilience of the area in which the 
        project is located; and
          (3) that will help establish a regional energy hub in 
        the Appalachian region for natural gas and natural gas 
        liquids, including storage and associated pipelines.
  (b) Limitation on Available Amounts.--Of the cost of any 
activity eligible for a grant under this section--
          (1) not more than 50 percent may be provided from 
        amounts made available to carry out this section;
          (2) in the case of a project to be carried out in a 
        county for which a distressed county designation is in 
        effect under section 14526, not more than 80 percent 
        may be provided from amounts made available to carry 
        out this section; and
          (3) in the case of a project to be carried out in a 
        county for which an at-risk county designation is in 
        effect under section 14526, not more than 70 percent 
        may be provided from amounts made available to carry 
        out this section.
  (c) Sources of Assistance.--Subject to subsection (b), a 
grant provided under this section may be provided from amounts 
made available to carry out this section, in combination with 
amounts made available--
          (1) under any other Federal program; or
          (2) from any other source.
  (d) Federal Share.--Notwithstanding any provision of law 
limiting the Federal share under any other Federal program, 
amounts made available to carry out this section may be used to 
increase that Federal share, as the Appalachian Regional 
Commission determines to be appropriate.
           * * * * * * *

             SUBTITLE IV--APPALACHIAN REGIONAL DEVELOPMENT

                       CHAPTER 147--MISCELLANEOUS

           * * * * * * *

Sec. 14701. Applicable labor standards

           * * * * * * *

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)  * * *
           * * * * * * *
          (4) $108,000,000 for fiscal year 2011; [and]
          (5) $110,000,000 for each of fiscal years 2012 
        [through 2020.] through 2020; and
          (6) $180,000,000 for each of fiscal years 2021 
        through 2025.
           * * * * * * *
  (c) High-speed Broadband Deployment Initiative.--Of the 
amounts made available under subsection (a), [$10,000,000] 
$20,000,000 may be used to carry out section 14509 for each of 
fiscal years 2016 through [2020] 2025.
  (d) Appalachian Regional Energy Hub Initiative.--Of the 
amounts made available under subsection (a), $5,000,000 shall 
be used to carry out section 14511 for each of fiscal years 
2021 through 2025.
  [(d)] (e) Availability.--Amounts made available under 
subsection (a) remain available until expended.
  [(e)] (f) 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.

Sec. 14704. Termination

  This subtitle, except sections 14102(a)(1) and (b) and 14501, 
ceases to be in effect on October 1, [2020] 2025.
           * * * * * * *

             TITLE 49, UNITED STATES CODE -- TRANSPORTATION

           * * * * * * *

               Chapter 1 of Title 49, United States Code

           * * * * * * *

                        CHAPTER 1--ORGANIZATION

Sec. 102. Department of Transportation

  (a) * * *
           * * * * * * *
  (e) Assistant Secretaries; General Counsel.--
          (1) Appointment.--The Department has [6 Assistant] 7 
        Assistant Secretaries and a General Counsel, 
        including--
                  (A)  * * *
           * * * * * * *
                  (C) an Assistant Secretary for 
                Administration, who shall be appointed by the 
                Secretary, with the approval of the President; 
                [and]
                  (D) an Assistant Secretary for Tribal 
                Government Affairs, who shall be appointed by 
                the President; and
                  [(D)] (E) a General Counsel, who shall be 
                appointed by the President, with the advice and 
                consent of the Senate.
           * * * * * * *
  [(f) Deputy Assistant Secretary for Tribal Government 
Affairs.--
          [(1) Establishment.--In accordance with Federal 
        policies promoting Indian self determination, the 
        Department of Transportation shall have, within the 
        office of the Secretary, a Deputy Assistant Secretary 
        for Tribal Government Affairs appointed by the 
        President to plan, coordinate, and implement the 
        Department of Transportation policy and programs 
        serving Indian tribes and tribal organizations and to 
        coordinate tribal transportation programs and 
        activities in all offices and administrations of the 
        Department and to be a participant in any negotiated 
        rulemaking relating to, or having an impact on, 
        projects, programs, or funding associated with the 
        tribal transportation program.]
  (f) Office of Tribal Government Affairs.--
          (1) Establishment.--There is established in the 
        Department an Office of Tribal Government Affairs, 
        under the Assistant Secretary for Tribal Government 
        Affairs--
                  (A) to oversee the tribal self-governance 
                program under section 207 of title 23;
                  (B) to plan, coordinate, and implement 
                policies and programs serving Indian Tribes and 
                Tribal organizations;
                  (C) to coordinate Tribal transportation 
                programs and activities in all offices and 
                administrations of the Department; and
                  (D) to be a participant in any negotiated 
                rulemakings relating to, or having an impact 
                on, projects, programs, or funding associated 
                with the Tribal transportation program under 
                section 202 of title 23.
           * * * * * * *

                 CHAPTER 701--MULTIMODAL FREIGHT POLICY

Sec. 70102. National freight strategic plan

  (a) In General.-- * * *
           * * * * * * *
  (b) Contents.--The national freight strategic plan shall 
include--
          (1) * * *
           * * * * * * *
          (10) an identification of best practices for 
        improving the performance of the National Multimodal 
        Freight Network, including critical commerce corridors 
        and rural and urban access to critical freight 
        corridors; [and]
          (11) an identification of best practices to mitigate 
        the impacts of freight movement on communities[.] ;
          (12) possible strategies to increase the resilience 
        of the freight system, including the ability to 
        anticipate, prepare for, or adapt to conditions, or 
        withstand, respond to, or recover rapidly from 
        disruptions, including extreme weather and natural 
        disasters;
          (13) strategies to promote United States economic 
        growth and international competitiveness; and
          (14) strategies to reduce local air pollution, water 
        runoff, and wildlife habitat loss resulting from 
        freight facilities, freight vehicles, or freight 
        activity.
           * * * * * * *

CHAPTER 702--MULTIMODAL FREIGHT TRANSPORTATION PLANNING AND INFORMATION

Sec. 70201. State freight advisory committees

  (a) In General.--The Secretary of Transportation 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, freight railroads, shippers, carriers, freight-
related associations, third-party logistics providers, the 
freight industry workforce, the transportation department of 
the State, and local governments.] representatives of--
          (1) ports, if applicable;
          (2) freight railroads, if applicable;
          (3) shippers;
          (4) carriers;
          (5) freight-related associations;
          (6) third-party logistics providers;
          (7) the freight industry workforce;
          (8) the transportation department of the State;
          (9) metropolitan planning organizations;
          (10) local governments;
          (11) the environmental protection department of the 
        State, if applicable;
          (12) the air resources board of the State, if 
        applicable; and
          (13) economic development agencies of the State.
  (b) Qualifications.--Each member of a freight advisory 
committee established under subsection (a) shall have 
qualifications sufficient to serve on a freight advisory 
committee, including, as applicable--
          (1) general business and financial experience;
          (2) experience or qualifications in the areas of 
        freight transportation and logistics;
          (3) experience in transportation planning;
          (4) experience representing employees of the freight 
        industry; or
          (5) experience representing a State, local 
        government, or metropolitan planning organization.
  [(b)] (c) Role of Committee.-- * * *
           * * * * * * *
          (5) participate in the development of the freight 
        plan of the State described in section [70202] 70202, 
        including by providing advice regarding the development 
        of the freight investment plan; and.
           * * * * * * *

Sec. 70202. State freight plans

  (a) In General.--Each State that receives funding under 
section 167 of title 23 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.
  (b) Plan Contents.--A State freight plan described in 
subsection (a) shall include, at a minimum--
          (1) * * *
           * * * * * * *
          (9) a freight investment plan that, subject to 
        subsection (c)(2), includes a list of priority projects 
        and describes how funds made available to carry out 
        section 167 of title 23 would be invested and matched; 
        [and]
          (10) the most recent commercial motor vehicle parking 
        facilities assessment conducted under subsection (f);
          (11) strategies and goals to decrease--
                  (A) the severity of impacts of extreme 
                weather and natural disasters on freight 
                mobility;
                  (B) the impacts of freight on local air 
                pollution;
                  (C) the impacts of freight on flooding, water 
                runoff, and other adverse water impacts; and
                  (D) the impacts of freight on wildlife 
                habitat loss;
          (12) strategies and goals to decrease the adverse 
        impact of freight transportation on communities 
        traversed by freight railroads; and
          [(10)] (13) consultation with the State freight 
        advisory committee, if applicable.
           * * * * * * *
  (d) Planning Period.--A State freight plan described in 
subsection (a) shall address a 5-year forecast period.
  (e) Priority.--Each State freight plan under this section 
shall include a requirement that the State, in carrying out 
activities under the State freight plan--
          (1) enhance reliability or redundancy of freight 
        transportation; or
          (2) incorporate the ability to rapidly restore access 
        and reliability of freight transportation.
  (f) Commercial Motor Vehicle Parking Facilities 
Assessments.--As part of the development or updating, as 
applicable, of the State freight plan under this section, each 
State that receives funding under section 167 of title 23, in 
consultation with relevant State motor carrier safety 
personnel, shall conduct an assessment of--
          (1) the capability of the State, together with the 
        private sector in the State, to provide adequate 
        parking facilities and rest facilities for commercial 
        motor vehicles engaged in interstate transportation;
          (2) the volume of commercial motor vehicle traffic in 
        the State; and
          (3) whether there are any areas within the State that 
        have a shortage of adequate commercial motor vehicle 
        parking facilities, including an analysis (economic or 
        otherwise, as the State determines to be appropriate) 
        of the underlying causes of any such shortages.
  (g) Approval.--
          (1) In general.--The Secretary of Transportation 
        shall approve a State freight plan described in 
        subsection (a) if the plan achieves compliance with the 
        requirements of this section.
          (2) Savings provision.--Nothing in this subsection 
        establishes new procedural requirements for the 
        approval of a State freight plan described in 
        subsection (a).
  [(e)] (h) Updates.--
          (1) In general.-- * * *
           * * * * * * *

  Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
                     Legacy for Users (SAFETEA-LU)

           * * * * * * *

                       Subtitle D--Highway Safety

SEC. 1404. [23 U.S.C. 402 NOTE] SAFE ROUTES TO SCHOOL PROGRAM.

  (a) Establishment.--Subject to the requirements of this 
section, the Secretary shall establish and carry out a safe 
routes to school program for the benefit of children in 
[primary and middle] primary, middle, and high schools.
           * * * * * * *
  (k) Definitions.--In this section, the following definitions 
apply:
          (1) In the vicinity of schools.-- * * *
           * * * * * * *
          (2) [Primary and middle] Primary, middle, and high 
        schools.--The term ``[primary and middle] primary, 
        middle, and high schools'' means schools providing 
        education from kindergarten through [eighth grade] 12th 
        grade.
           * * * * * * *

                                 MAP-21

           * * * * * * *

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

                Subtitle A--Authorizations and Programs

           * * * * * * *

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

  (a) Definitions.-- * * *
           * * * * * * *
  [(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 through 2015 and $5,327,869 out of the 
        general fund of the Treasury to carry out the program 
        for the period beginning on October 1, 2015, and ending 
        on December 4, 2015.]
  (h) Funding.--
          (1) Set-aside.--For each of fiscal years 2021 through 
        2025, of the amounts made available to carry out the 
        tribal transportation program under section 202 of 
        title 23, United States Code, for that fiscal year, the 
        Secretary shall use $9,000,000 to carry out the 
        program.
          (2) Authorization of appropriations.--In addition to 
        amounts made available under paragraph (1), there is 
        authorized to be appropriated $30,000,000 out of the 
        general fund of the Treasury to carry out the program 
        for each of fiscal years 2021 through 2025.
          [(2)] (3) Administration.--The funds made available 
        under [paragraph (1)] paragraphs (1) and (2) shall be 
        administered in the same manner as funds made available 
        for the tribal transportation program under section 202 
        of title 23, United States Code, except that--
                  (A) the funds made available for the program 
                shall remain available until September 30 of 
                the third fiscal year after the year 
                appropriated; and
                  (B) the Federal share of the cost of a 
                project shall be 100 percent.
           * * * * * * *

                       Subtitle E--Miscellaneous

SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE PROVISIONS.

  (a) Consolidation of Programs.--For each of [fiscal years 
2016 through 2020] fiscal years 2021 through 2025, before 
making an apportionment under section 104(b)(3) of title 23, 
United States Code, the Secretary shall set aside, from amounts 
made available to carry out the highway safety improvement 
program under section 148 of such title for the fiscal year, 
$3,500,000--
           * * * * * * *

         Fixing America's Surface Transportation Act (FAST ACT)

           * * * * * * *

SECTION 1. [23 U.S.C. 101 NOTE] SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Fixing 
America's Surface Transportation Act'' or the ``FAST Act''.
  (b) Table of contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.

                   DIVISION A--SURFACE TRANSPORTATION

      * * * * * * *

                        Subtitle D--Miscellaneous

Sec. 1401. Prohibition on the use of funds for automated traffic 
          enforcement.
      * * * * * * *
Sec. 1438. [Adjustments.]
      * * * * * * *

                          TITLE VI--INNOVATION

Sec. 6001. Short title.
Sec. 6002. Authorization of appropriations.
      * * * * * * *
Sec. 6020. [Surface transportation system funding alternatives.]
      * * * * * * *
                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

           * * * * * * *

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

  (a) In general.-- * * *
           * * * * * * *

SEC. 1123. [23 U.S.C. 201 NOTE] NATIONALLY SIGNIFICANT FEDERAL LANDS 
                    AND TRIBAL PROJECTS PROGRAM.

  (a) Purpose.-- * * *
           * * * * * * *
  (c) Eligible Projects.--An eligible project under the program 
shall be a single continuous project--
          (1) * * *
           * * * * * * *
          (3) having an estimated cost, based on the results of 
        preliminary engineering, equal to or exceeding 
        [$25,000,000, with priority consideration given to 
        projects with an estimated cost equal to or exceeding 
        $50,000,000.] $12,500,000.
           * * * * * * *
  [(g) Federal share.--
          (1) In general.--The Federal]
  (g) Cost Share.--
          (1) Federal share.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the Federal share of the cost 
                of a project shall be up to 90 percent.
                  (B) Tribal projects.--In the case of a 
                project on a tribal transportation facility (as 
                defined in section 101(a) of title 23, United 
                States Code), the Federal share of the cost of 
                the project shall be 100 percent.
          (2) Non-federal share.--Notwithstanding any other 
        provision of law, any Federal funds [other than those 
        made available under title 23 or title 49, United 
        States Code,] may be used to pay the non-Federal share 
        of the cost of a project carried out under this 
        section.
  [(h) Authorization of appropriations.--There is authorized to 
be appropriated to carry out this section $100,000,000 for each 
of fiscal years 2016 through 2020. Such sums shall remain 
available for a period of 3 fiscal years following the fiscal 
year for which the amounts are appropriated.]
  (h) Use of Funds.--
          (1) In general.--For each fiscal year, of the amounts 
        made available to carry out this section--
                  (A) 50 percent shall be used for eligible 
                projects on Federal lands transportation 
                facilities and Federal lands access 
                transportation facilities (as those terms are 
                defined in section 101(a) of title 23, United 
                States Code); and
                  (B) 50 percent shall be used for eligible 
                projects on tribal transportation facilities 
                (as defined in section 101(a) of title 23, 
                United States Code).
          (2) Requirement.--Not less than 1 eligible project 
        carried out using the amount described in paragraph 
        (1)(A) shall be in a unit of the National Park System 
        with not less than 3,000,000 annual visitors.
          (3) Availability.--Amounts made available under to 
        carry out this section shall remain available for a 
        period of 3 fiscal years following the fiscal year for 
        which the amounts are appropriated.
           * * * * * * *

                       Subtitle D--Miscellaneous

SEC. 1401. PROHIBITION ON THE USE OF FUNDS FOR AUTOMATED TRAFFIC 
                    ENFORCEMENT.

  (a) Prohibition.-- * * *
           * * * * * * *

SEC. 1420. [23 U.S.C. 101 NOTE] FLEXIBILITY FOR PROJECTS.

  (a) Authority.--With respect to projects eligible for funding 
under title 23, United States Code, subject to subsection (b) 
[and on request by a State, the Secretary may--
          [(1) exercise all existing flexibilities under and 
        exceptions to--
                  [(A) the requirements of title 23, United 
                States Code; and
                  [(B) other requirements administered by the 
                Secretary, in whole or part; and
          (2) otherwise provide additional flexibility or 
        expedited processing with respect to the requirements 
        described in paragraph (1).] , on request by a State, 
        and if in the public interest (as determined by the 
        Secretary), the Secretary shall exercise all existing 
        flexibilities under--
          (1) the requirements of title 23, United States Code; 
        and
          (2) other requirements administered by the Secretary, 
        in whole or in part.
  (b) Maintaining Protections.--Nothing in this section--
          (1) waives the requirements of section 113 or 138 of 
        title 23, United States Code;
          (2) supersedes, amends, or modifies--
                  (A) the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) or any other 
                Federal environmental law (including 
                regulations); or
           * * * * * * *

                          TITLE VI--INNOVATION

           * * * * * * *

SEC. 6001. [23 U.S.C. 101 NOTE] SHORT TITLE.

  This title may be cited as the ``Transportation for Tomorrow 
Act of 2015''.

SEC. 6028. [23 U.S.C. 150 NOTE] PERFORMANCE MANAGEMENT DATA SUPPORT 
                    PROGRAM.

  (a) Performance Management Data Support.-- * * *
           * * * * * * *
  (c) Funding.--From amounts authorized to carry out the 
Highway Research and Development Program, the Administrator of 
the Federal Highway Administration may use up to $10,000,000 
for each of [fiscal years 2016 through 2020] fiscal years 2021 
through 2025 to carry out this section.
           * * * * * * *

                       DIVISION D--MISCELLANEOUS

               TITLE XLI--FEDERAL PERMITTING IMPROVEMENT

           * * * * * * *

SEC. 41001. [42 U.S.C. 4370M NOTE] DEFINITIONS.

  In this title:
          (1) Agency.-- * * *
           * * * * * * *
          (6) Covered project.--
                  (A) In general.--The term ``covered project'' 
                means any activity in the United States that 
                requires authorization or environmental review 
                by a Federal agency involving construction of 
                infrastructure for renewable or conventional 
                energy production, electricity transmission, 
                surface transportation, aviation, ports and 
                waterways, water resource projects, broadband, 
                pipelines, manufacturing, carbon capture, or 
                any other sector as determined by a majority 
                vote of the Council that--
                          (i)(I) is subject to NEPA;
                          (II) is likely to require a total 
                        investment of more than $200,000,000; 
                        and
                          (III) does not qualify for 
                        abbreviated authorization or 
                        environmental review processes under 
                        any applicable law; [or]
                          (ii) is covered by a programmatic 
                        plan or environmental review developed 
                        for the primary purpose of facilitating 
                        development of carbon dioxide 
                        pipelines; or
                          [(ii)] (iii) is subject to NEPA and 
                        the size and complexity of which, in 
                        the opinion of the Council, make the 
                        project likely to benefit from enhanced 
                        oversight and coordination, including a 
                        project likely to require--
           * * * * * * *
                  (B) Exclusion.-- * * *
           * * * * * * *
                  (C) Inclusion.--For purposes of subparagraph 
                (A), construction of infrastructure for carbon 
                capture includes construction of--
                          (i) any facility, technology, or 
                        system that captures, utilizes, or 
                        sequesters carbon dioxide emissions, 
                        including projects for direct air 
                        capture (as defined in paragraph 
                        (6)(B)(i) of section 103(g) of the 
                        Clean Air Act (42 U.S.C. 7403(g)); and
                          (ii) carbon dioxide pipelines.
           * * * * * * *

                             CLEAN AIR ACT

           * * * * * * *

             TITLE I--AIR POLLUTION PREVENTION AND CONTROL

              Part A--Air Quality and Emission Limitations

                         findings and purposes

  Sec. 101. (a) * * *
           * * * * * * *
  Sec. 103. (a) The Administrator shall establish a national 
research and development program for the prevention and control 
of air pollution and as part of such program shall--
           * * * * * * *
  (c) Air Pollutant Monitoring, Analysis, Modeling, and 
Inventory Research.--In carrying out subsection (a), the 
Administrator shall conduct a program of research, testing, and 
development of methods for sampling, measurement, monitoring, 
analysis, and modeling of air pollutants. Such program shall 
include the following elements:
          (1) * * *
           * * * * * * *
          (3) Development of improved methods and technologies 
        for sampling, measurement, monitoring, analysis, and 
        modeling to increase understanding of the sources of 
        ozone [percursors] precursors, ozone formation, ozone 
        transport, regional influences on urban ozone, regional 
        ozone trends, and interactions of ozone with other 
        pollutants. Emphasis shall be placed on those 
        techniques which--
           * * * * * * *
  (g) Pollution Prevention and Emissions Control.--[In carrying 
out]
          (1) In general.--In carrying out subsection (a), the 
        Administrator shall conduct a basic engineering 
        research and technology program to develop, evaluate, 
        and demonstrate nonregulatory strategies and 
        technologies for air pollution prevention. [Such 
        strategies and technologies shall be developed]
          (2) Participation requirement.--Such strategies and 
        technologies described in paragraph (1) shall be 
        developed; with priority on those pollutants which pose 
        a significant risk to human health and the environment, 
        and with opportunities for participation by industry, 
        public interest groups, scientists, States, 
        institutions of higher education, and other interested 
        persons in the development of such strategies and 
        technologies. [Such program]
          (3) Program inclusions.--The program under this 
        subsection shall include the following elements:
          [(1)]
                  (A) Improvements in nonregulatory strategies 
                and technologies for preventing or reducing 
                multiple air pollutants, including sulfur 
                oxides, nitrogen oxides, heavy metals, PM-10 
                (particulate matter), carbon monoxide, and 
                carbon dioxide, from stationary sources, 
                including fossil fuel power plants. Such 
                strategies and technologies shall include 
                improvements in the relative cost effectiveness 
                and long-range implications of various air 
                pollutant reduction and nonregulatory control 
                strategies such as energy conservation, 
                including end-use efficiency, and fuel-
                switching to cleaner fuels. Such strategies and 
                technologies shall be considered for existing 
                and new facilities.
          [(2)]
                  (B) Improvements in nonregulatory strategies 
                and technologies for reducing air emissions 
                from area sources.
          [(3)]
                  (C) Improvements in nonregulatory strategies 
                and technologies for preventing, detecting, and 
                correcting accidental releases of hazardous air 
                pollutants.
          [(4)]
                  (D) Improvements in nonregulatory strategies 
                and technologies that dispose of tires in ways 
                that avoid adverse air quality impacts.
[Nothing]
          (4) Effect of subsection.--Nothing in this subsection 
        shall be construed to authorize the imposition on any 
        person of air pollution control requirements. [The 
        Administrator]
          (5) Coordination and avoidance of duplication.--The 
        Administrator shall consult with other appropriate 
        Federal agencies to ensure coordination and to avoid 
        duplication of activities authorized under this 
        subsection.
          (6) Certain carbon dioxide activities.--
                  ``(A) In general.--In carrying out paragraph 
                (3)(A) with respect to carbon dioxide, the 
                Administrator shall carry out the activities 
                described in each of subparagraphs (B), (C), 
                (D), and (E).
                  (B) Direct air capture research.--
                          (i) Definitions.--In this 
                        subparagraph:
                                  (I) Board.--The term `Board' 
                                means the Direct Air Capture 
                                Technology Advisory Board 
                                established by clause (iii)(I).
                                  (II) Dilute.--The term 
                                `dilute' means a concentration 
                                of less than 1 percent by 
                                volume.
                                  (III) Direct air capture.--
                                          (aa) In general.--The 
                                        term `direct air 
                                        capture', with respect 
                                        to a facility, 
                                        technology, or system, 
                                        means that the 
                                        facility, technology, 
                                        or system uses carbon 
                                        capture equipment to 
                                        capture carbon dioxide 
                                        directly from the air.
                                          (bb) Exclusion.--The 
                                        term `direct air 
                                        capture' does not 
                                        include any facility, 
                                        technology, or system 
                                        that captures carbon 
                                        dioxide--
                                                  (AA) that is 
                                                deliberately 
                                                released from a 
                                                naturally 
                                                occurring 
                                                subsurface 
                                                spring; or
                                                  (BB) using 
                                                natural 
                                                photosynthesis.
                                  (IV) Intellectual property.--
                                The term `intellectual 
                                property' means--
                                          (aa) an invention 
                                        that is patentable 
                                        under title 35, United 
                                        States Code; and
                                          (bb) any patent on an 
                                        invention described in 
                                        item (aa).
                          (ii) Technology prizes.--
                                  (I) In general.--Not later 
                                than 1 year after the date of 
                                enactment of the America's 
                                Transportation Infrastructure 
                                Act of 2019, the Administrator, 
                                in consultation with the 
                                Secretary of Energy, shall 
                                establish a program to provide, 
                                and shall provide, financial 
                                awards on a competitive basis 
                                for direct air capture from 
                                media in which the 
                                concentration of carbon dioxide 
                                is dilute.
                                  (II) Duties.--In carrying out 
                                this clause, the Administrator 
                                shall--
                                          (aa) subject to 
                                        subclause (III), 
                                        develop specific 
                                        requirements for--
                                                  (AA) the 
                                                competition 
                                                process; and
                                                  (BB) the 
                                                demonstration 
                                                of performance 
                                                of approved 
                                                projects;
                                          (bb) offer financial 
                                        awards for a project 
                                        designed--
                                                  (AA) to the 
                                                maximum extent 
                                                practicable, to 
                                                capture more 
                                                than 10,000 
                                                tons of carbon 
                                                dioxide per 
                                                year; and
                                                  (BB) to 
                                                operate in a 
                                                manner that 
                                                would be 
                                                commercially 
                                                viable in the 
                                                foreseeable 
                                                future (as 
                                                determined by 
                                                the Board); and
                                          (cc) to the maximum 
                                        extent practicable, 
                                        make financial awards 
                                        to geographically 
                                        diverse projects, 
                                        including at least--
                                                  (AA) 1 
                                                project in a 
                                                coastal State; 
                                                and
                                                  (BB) 1 
                                                project in a 
                                                rural State.
                                  (III) Public participation.--
                                In carrying out subclause 
                                (II)(aa), the Administrator 
                                shall--
                                          (aa) provide notice 
                                        of and, for a period of 
                                        not less than 60 days, 
                                        an opportunity for 
                                        public comment on, any 
                                        draft or proposed 
                                        version of the 
                                        requirements described 
                                        in subclause (II)(aa); 
                                        and
                                          (bb) take into 
                                        account public comments 
                                        received in developing 
                                        the final version of 
                                        those requirements.
                          (iii) Direct air capture technology 
                        advisory board.--
                                  (I) Establishment.--There is 
                                established an advisory board 
                                to be known as the `Direct Air 
                                Capture Technology Advisory 
                                Board'.
                                  (II) Composition.--The Board 
                                shall be composed of 9 members 
                                appointed by the Administrator, 
                                who shall provide expertise 
                                in--
                                          (aa) climate science;
                                          (bb) physics;
                                          (cc) chemistry;
                                          (dd) biology;
                                          (ee) engineering;
                                          (ff) economics;
                                          (gg) business 
                                        management; and
                                          (hh) such other 
                                        disciplines as the 
                                        Administrator 
                                        determines to be 
                                        necessary to achieve 
                                        the purposes of this 
                                        subparagraph.
                                  (III) Term; vacancies.--
                                          (aa) Term.--A member 
                                        of the Board shall 
                                        serve for a term of 6 
                                        years.
                                          (bb) Vacancies.--A 
                                        vacancy on the Board--
                                                  (AA) shall 
                                                not affect the 
                                                powers of the 
                                                Board; and
                                                  (BB) shall be 
                                                filled in the 
                                                same manner as 
                                                the original 
                                                appointment was 
                                                made.
                                  (IV) Initial meeting.--Not 
                                later than 30 days after the 
                                date on which all members of 
                                the Board have been appointed, 
                                the Board shall hold the 
                                initial meeting of the Board.
                                  (V) Meetings.--The Board 
                                shall meet at the call of the 
                                Chairperson or on the request 
                                of the Administrator.
                                  (VI) Quorum.--A majority of 
                                the members of the Board shall 
                                constitute a quorum, but a 
                                lesser number of members may 
                                hold hearings.
                                  (VII) Chairperson and vice 
                                chairperson.--The Board shall 
                                select a Chairperson and Vice 
                                Chairperson from among the 
                                members of the Board.
                                  (VIII) Compensation.--Each 
                                member of the Board may be 
                                compensated at not to exceed 
                                the daily equivalent of the 
                                annual rate of basic pay in 
                                effect for a position at level 
                                V of the Executive Schedule 
                                under section 5316 of title 5, 
                                United States Code, for each 
                                day during which the member is 
                                engaged in the actual 
                                performance of the duties of 
                                the Board.
                                  (IX) Duties.--The Board shall 
                                advise the Administrator on 
                                carrying out the duties of the 
                                Administrator under this 
                                subparagraph.
                                  (X) FACA.--The Federal 
                                Advisory Committee Act (5 
                                U.S.C. App.) shall apply to the 
                                Board.
                          (iv) Intellectual property.--
                                  (I) In general.--As a 
                                condition of receiving a 
                                financial award under this 
                                subparagraph, an applicant 
                                shall agree to vest the 
                                intellectual property of the 
                                applicant derived from the 
                                technology in 1 or more 
                                entities that are incorporated 
                                in the United States.
                                  (II) Reservation of 
                                license.--The United States--
                                          (aa) may reserve a 
                                        nonexclusive, 
                                        nontransferable, 
                                        irrevocable, paid-up 
                                        license, to have 
                                        practiced for or on 
                                        behalf of the United 
                                        States, in connection 
                                        with any intellectual 
                                        property described in 
                                        subclause (I); but
                                          (bb) shall not, in 
                                        the exercise of a 
                                        license reserved under 
                                        item (aa), publicly 
                                        disclose proprietary 
                                        information relating to 
                                        the license.
                                  (III) Transfer of title.--
                                Title to any intellectual 
                                property described in subclause 
                                (I) shall not be transferred or 
                                passed, except to an entity 
                                that is incorporated in the 
                                United States, until the 
                                expiration of the first patent 
                                obtained in connection with the 
                                intellectual property.
                          (v) Authorization of 
                        appropriations.--
                                  (I) In general.--There is 
                                authorized to be appropriated 
                                to carry out this subparagraph 
                                $35,000,000, to remain 
                                available until expended.
                                  (II) Requirement.--Research 
                                carried out using amounts made 
                                available under subclause (I) 
                                may not duplicate research 
                                funded by the Department of 
                                Energy.
                          (vi) Termination of authority.--The 
                        Board and all authority provided under 
                        this subparagraph shall terminate not 
                        later than 10 years after the date of 
                        enactment of the America's 
                        Transportation Infrastructure Act of 
                        2019.
                  (C) Carbon dioxide utilization research.--
                          (i) Definition of carbon dioxide 
                        utilization.--In this subparagraph, the 
                        term `carbon dioxide utilization' 
                        refers to technologies or approaches 
                        that lead to the use of carbon 
                        dioxide--
                                  (I) through the fixation of 
                                carbon dioxide through 
                                photosynthesis or 
                                chemosynthesis, such as through 
                                the growing of algae or 
                                bacteria;
                                  (II) through the chemical 
                                conversion of carbon dioxide to 
                                a material or chemical compound 
                                in which the carbon dioxide is 
                                securely stored; or
                                  (III) through the use of 
                                carbon dioxide for any other 
                                purpose for which a commercial 
                                market exists, as determined by 
                                the Administrator.
                          (ii) Program.--The Administrator, in 
                        consultation with the Secretary of 
                        Energy, shall carry out a research and 
                        development program for carbon dioxide 
                        utilization to promote existing and new 
                        technologies that transform carbon 
                        dioxide generated by industrial 
                        processes into a product of commercial 
                        value, or as an input to products of 
                        commercial value.
                          (iii) Technical and financial 
                        assistance.--Not later than 2 years 
                        after the date of enactment of the 
                        America's Transportation Infrastructure 
                        Act of 2019, in carrying out this 
                        subsection, the Administrator, in 
                        consultation with the Secretary of 
                        Energy, shall support research and 
                        infrastructure activities relating to 
                        carbon dioxide utilization by providing 
                        technical assistance and financial 
                        assistance in accordance with clause 
                        (iv).
                          (iv) Eligibility.--To be eligible to 
                        receive technical assistance and 
                        financial assistance under clause 
                        (iii), a carbon dioxide utilization 
                        project shall--
                                  (I) have access to an 
                                emissions stream generated by a 
                                stationary source within the 
                                United States that is capable 
                                of supplying not less than 250 
                                metric tons per day of carbon 
                                dioxide for research;
                                  (II) have access to adequate 
                                space for a laboratory and 
                                equipment for testing small-
                                scale carbon dioxide 
                                utilization technologies, with 
                                onsite access to larger test 
                                bays for scale-up; and
                                  (III) have existing 
                                partnerships with institutions 
                                of higher education, private 
                                companies, States, or other 
                                government entities.
                          (v) Coordination.--In supporting 
                        carbon dioxide utilization projects 
                        under this paragraph, the Administrator 
                        shall consult with the Secretary of 
                        Energy, and, as appropriate, with the 
                        head of any other relevant Federal 
                        agency, States, the private sector, and 
                        institutions of higher education to 
                        develop methods and technologies to 
                        account for the carbon dioxide 
                        emissions avoided by the carbon dioxide 
                        utilization projects.
                          (vi) Authorization of 
                        appropriations.--
                                  (I) In general.--There is 
                                authorized to be appropriated 
                                to carry out this subparagraph 
                                $50,000,000, to remain 
                                available until expended.
                                  (II) Requirement.--Research 
                                carried out using amounts made 
                                available under subclause (I) 
                                may not duplicate research 
                                funded by the Department of 
                                Energy.
                  (D) Deep saline formation report.--
                          (i) Definition of deep saline 
                        formation.--
                                  (I) In general.--In this 
                                subparagraph, the term `deep 
                                saline formation' means a 
                                formation of subsurface 
                                geographically extensive 
                                sedimentary rock layers 
                                saturated with waters or brines 
                                that have a high total 
                                dissolved solids content and 
                                that are below the depth where 
                                carbon dioxide can exist in the 
                                formation as a supercritical 
                                fluid.
                                  (II) Clarification.--In this 
                                subparagraph, the term `deep 
                                saline formation' does not 
                                include oil and gas reservoirs.
                          (ii) Report.--In consultation with 
                        the Secretary of Energy, and, as 
                        appropriate, with the head of any other 
                        relevant Federal agency and relevant 
                        stakeholders, not later than 1 year 
                        after the date of enactment of the 
                        America's Transportation Infrastructure 
                        Act of 2019, the Administrator shall 
                        prepare, submit to Congress, and make 
                        publicly available a report that 
                        includes--
                                  (I) a comprehensive 
                                identification of potential 
                                risks and benefits to project 
                                developers associated with 
                                increased storage of carbon 
                                dioxide captured from 
                                stationary sources in deep 
                                saline formations, using 
                                existing research;
                                  (II) recommendations, if any, 
                                for managing the potential 
                                risks identified under 
                                subclause (I), including 
                                potential risks unique to 
                                public land; and
                                  (III) recommendations, if 
                                any, for Federal legislation or 
                                other policy changes to 
                                mitigate any potential risks 
                                identified under subclause (I).
                  (E) Report on carbon dioxide nonregulatory 
                strategies and technologies.--
                          (i) In general.--Not less frequently 
                        than once every 2 years, the 
                        Administrator shall submit to the 
                        Committee on Environment and Public 
                        Works of the Senate and the Committee 
                        on Energy and Commerce of the House of 
                        Representatives a report that 
                        describes--
                                  (I) the recipients of 
                                assistance under subparagraphs 
                                (B) and (C); and
                                  (II) a plan for supporting 
                                additional nonregulatory 
                                strategies and technologies 
                                that could significantly 
                                prevent carbon dioxide 
                                emissions or reduce carbon 
                                dioxide levels in the air, in 
                                conjunction with other Federal 
                                agencies.
                          (ii) Inclusions.--The plan submitted 
                        under clause (i) shall include--
                                  (I) a methodology for 
                                evaluating and ranking 
                                technologies based on the 
                                ability of the technologies to 
                                cost effectively reduce carbon 
                                dioxide emissions or carbon 
                                dioxide levels in the air; and
                                  (II) a description of any 
                                nonair-related environmental or 
                                energy considerations regarding 
                                the technologies.
                  (F) GAO report.--The Comptroller General of 
                the United States shall submit to Congress a 
                report that--
                          (i) identifies all Federal grant 
                        programs in which a purpose of a grant 
                        under the program is to perform 
                        research on carbon capture and 
                        utilization technologies, including 
                        direct air capture technologies; and
                          (ii) examines the extent to which the 
                        Federal grant programs identified 
                        pursuant to clause (i) overlap or are 
                        duplicative.
           * * * * * * *

                       ENERGY POLICY ACT OF 2005

           * * * * * * *

                       TITLE I--ENERGY EFFICIENCY

                      Subtitle A--Federal Programs

SEC. 101. ENERGY AND WATER SAVING MEASURES IN CONGRESSIONAL BUILDINGS.

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

                 Subtitle G--Diesel Emissions Reduction

SEC. 792. [42 U.S.C. 16132] NATIONAL GRANT, REBATE, AND LOAN PROGRAMS.

  (a) In General.-- * * *
           * * * * * * *
  (c) Applications.--
          (1) Expedited process.-- * * *
           * * * * * * *
          (4) Priority.--In providing a grant, rebate, or loan 
        under this section, the Administrator shall give 
        highest priority to proposed projects that, as 
        determined by the Administrator--
                  (A)  * * *
           * * * * * * *
                  (D) include a certified engine configuration, 
                verified technology, or emerging technology 
                that has a long expected useful life, 
                recognizing differences in typical vehicle, 
                engine, equipment, and fleet use throughout the 
                United States;
           * * * * * * *

SEC. 793. [42 U.S.C. 16133] STATE GRANT, REBATE, AND LOAN PROGRAMS.

  (a) In General.--Subject to the availability of adequate 
appropriations, the Administrator shall use 30 percent of the 
funds made available for a fiscal year under this subtitle to 
support grant, rebate, and loan programs administered by States 
that are designed to achieve significant reductions in diesel 
emissions.
  (b) Applications.--The Administrator shall--
          (1) provide to States guidance for use in applying 
        for grant, rebate, or loan funds under this section, 
        including information regarding--
                  (A) the process and forms for applications;
                  (B) permissible uses of funds received[; and] 
                ;
           * * * * * * *
                  (D) the recognition, for purposes of 
                implementing this section, of differences in 
                typical vehicle, engine, equipment, and fleet 
                use throughout the United States, including 
                expected useful life; and
  (c) Allocation of Funds.--
          (1) In general.-- * * *
           * * * * * * *
          (2) Allocation.--
                  (A) In general.-- * * *
           * * * * * * *
                  (C) Reallocation.--If any State does not 
                qualify for an allocation under this paragraph, 
                the share of funds otherwise allocated for that 
                State under this paragraph shall be reallocated 
                [to each remaining qualified State in an amount 
                equal to the product obtained by multiplying--
                          (i) the proportion that the 
                        population of the State bears to the 
                        population of all States described in 
                        paragraph (1); by
                          (ii) the amount otherwise allocatable 
                        to the nonqualifying State under this 
                        paragraph] to carry out section 792.
           * * * * * * *

SEC. 797. [42 U.S.C. 16137] AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to 
carry out this subtitle $100,000,000 for each of fiscal years 
2012 through [2016] 2024, to remain available until expended.
           * * * * * * *

 Public Law 88-657-(Act of Oct. 13, 1964; Forest Roads And Trails Act)

           * * * * * * *
  Sec. 2. * * *
           * * * * * * *
  Sec. 7. * * *
           * * * * * * *

SEC. 8. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION PROGRAM.

  (a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary, acting through the 
Chief of the Forest Service, shall establish, and develop a 
national strategy to carry out, a program, to be known as the 
`Forest Service Legacy Roads and Trails Remediation Program', 
within the National Forest System, to carry out critical 
maintenance and urgent repairs and improvements on National 
Forest System roads, trails, and bridges.
  (b) Priority.--In implementing the program under this 
section, the Secretary may give priority to any project that 
protects or restores--
          (1) water quality;
          (2) a watershed that feeds a public drinking water 
        system;
          (3) important wildlife habitat, as determined by the 
        Secretary, in consultation with each affected State, 
        including habitat of threatened, endangered, or 
        sensitive fish or wildlife species; or
          (4) historic public access for authorized multiple 
        uses of National Forest System land in accordance with 
        the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 
        528 et seq.), including grazing, recreation, hunting, 
        fishing, forest management, wildfire mitigation, and 
        ecosystem restoration.
  (c) National Forest System.--Except as authorized under 
section 323 of the Department of the Interior and Related 
Agencies Appropriations Act, 1999 (16 U.S.C. 1011a), each 
project carried out under this section shall be on a National 
Forest System road or trail.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary to carry out this section 
$50,000,000 for each of fiscal years 2021 through 2025, to 
remain available until expended.
           * * * * * * *

        INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991

           * * * * * * *

                    TITLE I--SURFACE TRANSPORTATION

                       Part A--Title 23 Programs

SEC. 1001. COMPLETION OF INTERSTATE SYSTEM.

  (a) * * *
           * * * * * * *

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

  (a) Findings.-- * * *
           * * * * * * *
  (c) Identification of High Priority Corridors on National 
Highway System.--The following are high priority corridors on 
the National Highway System:
          (1) * * *
           * * * * * * *
          (90) The Edward T. Breathitt Parkway from Interstate 
        24 to Interstate 69.
          (91) United States Route 421 from the interchange 
        with Interstate Route 85 in Greensboro, North Carolina, 
        to the interchange with Interstate Route 95 in Dunn, 
        North Carolina.
          (92) The Wendell H. Ford (Western Kentucky) Parkway 
        from the interchange with the William H. Natcher 
        Parkway in Ohio County, Kentucky, west to the 
        interchange of the Western Kentucky Parkway with the 
        Edward T. Breathitt (Pennyrile) Parkway.
          (93) The South Mississippi Corridor from the 
        Louisiana and Mississippi border near Natchez, 
        Mississippi, to Gulfport, Mississippi, shall generally 
        follow--
                  (A) United States Route 84 from the Louisiana 
                border at the Mississippi River passing in the 
                vicinity of Natchez, Brookhaven, Monticello, 
                Prentiss, and Collins, Mississippi, to the 
                logical terminus with Interstate Route 59 in 
                the vicinity of Laurel, Mississippi, and 
                continuing on Interstate Route 59 south to the 
                vicinity of Hattiesburg, Mississippi; and
                  (B) United States Route 49 from the vicinity 
                of Hattiesburg, Mississippi, south to 
                Interstate Route 10 in the vicinity of 
                Gulfport, Mississippi, following Mississippi 
                Route 601 south and terminating near the 
                Mississippi State Port at Gulfport.
          (94) The Kosciusko to Gulf Coast corridor commencing 
        at the logical terminus of Interstate Route 55 near 
        Vaiden, Mississippi, running south and passing east of 
        the vicinity of the Jackson Urbanized Area, connecting 
        to United States Route 49 north of Hattiesburg, 
        Mississippi, and generally following United States 
        Route 49 to a logical connection with Interstate Route 
        10 in the vicinity of Gulfport, Mississippi.
          (95) The Interstate Route 22 spur from the vicinity 
        of Tupelo, Mississippi, running south generally along 
        United States Route 45 to the vicinity of Shannon, 
        Mississippi.
           * * * * * * *
  (e) Provisions Applicable to Corridors.--
          (1) Long-range plan.-- * * *
           * * * * * * *
          (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), 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), subsection 
                (c)(57), subsection (c)(68)(B), subsection 
                (c)(81), subsection (c)(82), subsection 
                (c)(83), subsection (c)(89), [and subsection 
                (c)(90)] subsection (c)(90), subsection 
                (c)(91), subsection (c)(92), subsection 
                (c)(93)(A), subsection (c)(94), and subsection 
                (c)(95) 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.
           * * * * * * *
                  (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 in subparagraphs (A) and 
                        (B)(i) of subsection (c)(26) and in 
                        subsection (c)(68)(B) are designated as 
                        Interstate Route I-11. The route 
                        referred to in subsection (c)(84) is 
                        designated as Interstate Route I-14. 
                        The route referred to in subsection 
                        (c)(89) is designated as Interstate 
                        Route I-57. The route referred to in 
                        subsection (c)(90) is designated as 
                        Interstate Route I-169. The route 
                        referred to in subsection (c)(92) is 
                        designated as Interstate Route I-569.
           * * * * * * *