H.R. 4348 (112th): MAP-21

112th Congress, 2011–2013. Text as of Sep 29, 2012 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPO

I

One Hundred Twelfth Congress of the United States of America

At the Second Session

H. R. 4348

AN ACT

To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.

1.

Short title; organization of Act into divisions; table of contents

(a)

Short title

This Act may be cited as the Moving Ahead for Progress in the 21st Century Act or the MAP–21.

(b)

Divisions

This Act is organized into 8 divisions as follows:

(1)

Division A–Federal-aid Highways and Highway Safety Construction Programs.

(2)

Division B–Public Transportation.

(3)

Division C–Transportation Safety and Surface Transportation Policy.

(4)

Division D–Finance.

(5)

Division E–Research and Education.

(6)

Division F–Miscellaneous.

(7)

Division G–Surface Transportation Extension.

(8)

Division H–Budgetary Effects.

(c)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; organization of Act into divisions; table of contents.

Sec. 2. Definitions.

Sec. 3. Effective date.

DIVISION A—Federal-aid highways and highway safety construction programs

TITLE I—Federal-aid highways

Subtitle A—Authorizations and programs

Sec. 1101. Authorization of appropriations.

Sec. 1102. Obligation ceiling.

Sec. 1103. Definitions.

Sec. 1104. National Highway System.

Sec. 1105. Apportionment.

Sec. 1106. National highway performance program.

Sec. 1107. Emergency relief.

Sec. 1108. Surface transportation program.

Sec. 1109. Workforce development.

Sec. 1110. Highway use tax evasion projects.

Sec. 1111. National bridge and tunnel inventory and inspection standards.

Sec. 1112. Highway safety improvement program.

Sec. 1113. Congestion mitigation and air quality improvement program.

Sec. 1114. Territorial and Puerto Rico highway program.

Sec. 1115. National freight policy.

Sec. 1116. Prioritization of projects to improve freight movement.

Sec. 1117. State freight advisory committees.

Sec. 1118. State freight plans.

Sec. 1119. Federal lands and tribal transportation programs.

Sec. 1120. Projects of national and regional significance.

Sec. 1121. Construction of ferry boats and ferry terminal facilities.

Sec. 1122. Transportation alternatives.

Sec. 1123. Tribal high priority projects program.

Subtitle B—Performance management

Sec. 1201. Metropolitan transportation planning.

Sec. 1202. Statewide and nonmetropolitan transportation planning.

Sec. 1203. National goals and performance management measures.

Subtitle C—Acceleration of project delivery

Sec. 1301. Declaration of policy and project delivery initiative.

Sec. 1302. Advance acquisition of real property interests.

Sec. 1303. Letting of contracts.

Sec. 1304. Innovative project delivery methods.

Sec. 1305. Efficient environmental reviews for project decisionmaking.

Sec. 1306. Accelerated decisionmaking.

Sec. 1307. Assistance to affected Federal and State agencies.

Sec. 1308. Limitations on claims.

Sec. 1309. Accelerating completion of complex projects within 4 years.

Sec. 1310. Integration of planning and environmental review.

Sec. 1311. Development of programmatic mitigation plans.

Sec. 1312. State assumption of responsibility for categorical exclusions.

Sec. 1313. Surface transportation project delivery program.

Sec. 1314. Application of categorical exclusions for multimodal projects.

Sec. 1315. Categorical exclusions in emergencies.

Sec. 1316. Categorical exclusions for projects within the right-of-way.

Sec. 1317. Categorical exclusion for projects of limited Federal assistance.

Sec. 1318. Programmatic agreements and additional categorical exclusions.

Sec. 1319. Accelerated decisionmaking in environmental reviews.

Sec. 1320. Memoranda of agency agreements for early coordination.

Sec. 1321. Environmental procedures initiative.

Sec. 1322. Review of State environmental reviews and approvals for the purpose of eliminating duplication of environmental reviews.

Sec. 1323. Review of Federal project and program delivery.

Subtitle D—Highway safety

Sec. 1401. Jason’s law.

Sec. 1402. Open container requirements.

Sec. 1403. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence.

Sec. 1404. Adjustments to penalty provisions.

Sec. 1405. Highway worker safety.

Subtitle E—Miscellaneous

Sec. 1501. Real-time ridesharing.

Sec. 1502. Program efficiencies.

Sec. 1503. Project approval and oversight.

Sec. 1504. Standards.

Sec. 1505. Justification reports for access points on the Interstate System.

Sec. 1506. Construction.

Sec. 1507. Maintenance.

Sec. 1508. Federal share payable.

Sec. 1509. Transferability of Federal-aid highway funds.

Sec. 1510. Idle reduction technology.

Sec. 1511. Special permits during periods of national emergency.

Sec. 1512. Tolling.

Sec. 1513. Miscellaneous parking amendments.

Sec. 1514. HOV facilities.

Sec. 1515. Funding flexibility for transportation emergencies.

Sec. 1516. Defense access road program enhancements to address transportation infrastructure in the vicinity of military installations.

Sec. 1517. Mapping.

Sec. 1518. Buy America provisions.

Sec. 1519. Consolidation of programs; repeal of obsolete provisions.

Sec. 1520. Denali Commission.

Sec. 1521. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 amendments.

Sec. 1522. Extension of public transit vehicle exemption from axle weight restrictions.

Sec. 1523. Use of debris from demolished bridges and overpasses.

Sec. 1524. Use of youth service and conservation corps.

Sec. 1525. State autonomy for culvert pipe selection.

Sec. 1526. Evacuation routes.

Sec. 1527. Consolidation of grants.

Sec. 1528. Appalachian development highway system.

Sec. 1529. Engineering judgment.

Sec. 1530. Transportation training and employment programs.

Sec. 1531. Notice of certain grant awards.

Sec. 1532. Budget justification.

Sec. 1533. Prohibition on use of funds for automated traffic enforcement.

Sec. 1534. Public-private partnerships.

Sec. 1535. Report on Highway Trust Fund expenditures.

Sec. 1536. Sense of Congress on harbor maintenance.

Sec. 1537. Estimate of harbor maintenance needs.

Sec. 1538. Asian carp.

Sec. 1539. Rest areas.

Subtitle F—Gulf Coast restoration

Sec. 1601. Short title.

Sec. 1602. Gulf Coast Restoration Trust Fund.

Sec. 1603. Gulf Coast natural resources restoration and economic recovery.

Sec. 1604. Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology program.

Sec. 1605. Centers of excellence research grants.

Sec. 1606. Effect.

Sec. 1607. Restoration and protection activity limitations.

Sec. 1608. Inspector General.

TITLE II—America Fast Forward Financing Innovation

Sec. 2001. Short title.

Sec. 2002. Transportation Infrastructure Finance and Innovation Act of 1998 amendments.

DIVISION B—Public transportation

Sec. 20001. Short title.

Sec. 20002. Repeals.

Sec. 20003. Policies and purposes.

Sec. 20004. Definitions.

Sec. 20005. Metropolitan transportation planning.

Sec. 20006. Statewide and nonmetropolitan transportation planning.

Sec. 20007. Urbanized area formula grants.

Sec. 20008. Fixed guideway capital investment grants.

Sec. 20009. Mobility of seniors and individuals with disabilities.

Sec. 20010. Formula grants for rural areas.

Sec. 20011. Research, development, demonstration, and deployment projects.

Sec. 20012. Technical assistance and standards development.

Sec. 20013. Private sector participation.

Sec. 20014. Bus testing facilities.

Sec. 20015. Human resources and training.

Sec. 20016. General provisions.

Sec. 20017. Public Transportation Emergency Relief Program.

Sec. 20018. Contract requirements.

Sec. 20019. Transit asset management.

Sec. 20020. Project management oversight.

Sec. 20021. Public transportation safety.

Sec. 20022. Alcohol and controlled substances testing.

Sec. 20023. Nondiscrimination.

Sec. 20024. Administrative provisions.

Sec. 20025. National transit database.

Sec. 20026. Apportionment of appropriations for formula grants.

Sec. 20027. State of good repair grants.

Sec. 20028. Authorizations.

Sec. 20029. Bus and bus facilities formula grants.

Sec. 20030. Technical and conforming amendments.

DIVISION C—Transportation Safety and Surface Transportation Policy

TITLE I—Motor Vehicle and Highway Safety Improvement Act of 2012

Sec. 31001. Short title.

Sec. 31002. Definition.

Subtitle A—Highway safety

Sec. 31101. Authorization of appropriations.

Sec. 31102. Highway safety programs.

Sec. 31103. Highway safety research and development.

Sec. 31104. National driver register.

Sec. 31105. National priority safety programs.

Sec. 31106. High visibility enforcement program.

Sec. 31107. Agency accountability.

Sec. 31108. Emergency medical services.

Sec. 31109. Repeal of programs.

Subtitle B—Enhanced safety authorities

Sec. 31201. Definition of motor vehicle equipment.

Sec. 31202. Permit reminder system for non-use of safety belts.

Sec. 31203. Civil penalties.

Sec. 31204. Motor vehicle safety research and development.

Sec. 31205. Odometer requirements.

Sec. 31206. Increased penalties and damages for odometer fraud.

Sec. 31207. Extend prohibitions on importing noncompliant vehicles and equipment to defective vehicles and equipment.

Sec. 31208. Conditions on importation of vehicles and equipment.

Sec. 31209. Port inspections; samples for examination or testing.

Subtitle C—Transparency and accountability

Sec. 31301. Public availability of recall information.

Sec. 31302. National Highway Traffic Safety Administration outreach to manufacturer, dealer, and mechanic personnel.

Sec. 31303. Public availability of communications to dealers.

Sec. 31304. Corporate responsibility for National Highway Traffic Safety Administration reports.

Sec. 31305. Passenger motor vehicle information program.

Sec. 31306. Promotion of vehicle defect reporting.

Sec. 31307. Whistleblower protections for motor vehicle manufacturers, part suppliers, and dealership employees.

Sec. 31308. Anti-revolving door.

Sec. 31309. Study of crash data collection.

Sec. 31310. Update means of providing notification; improving efficacy of recalls.

Sec. 31311. Expanding choices of remedy available to manufacturers of replacement equipment.

Sec. 31312. Recall obligations and bankruptcy of manufacturer.

Sec. 31313. Repeal of insurance reports and information provision.

Sec. 31314. Monroney sticker to permit additional safety rating categories.

Subtitle D—Vehicle Electronics and Safety Standards

Sec. 31401. National Highway Traffic Safety Administration electronics, software, and engineering expertise.

Sec. 31402. Electronic systems performance.

Subtitle E—Child Safety Standards

Sec. 31501. Child safety seats.

Sec. 31502. Child restraint anchorage systems.

Sec. 31503. Rear seat belt reminders.

Sec. 31504. Unattended passenger reminders.

Sec. 31505. New deadline.

Subtitle F—Improved daytime and nighttime visibility of agricultural equipment

Sec. 31601. Rulemaking on visibility of agricultural equipment.

TITLE II—Commercial Motor Vehicle Safety Enhancement Act of 2012

Sec. 32001. Short title.

Sec. 32002. References to title 49, United States Code.

Subtitle A—Commercial motor vehicle registration

Sec. 32101. Registration of motor carriers.

Sec. 32102. Safety fitness of new operators.

Sec. 32103. Reincarnated carriers.

Sec. 32104. Financial responsibility requirements.

Sec. 32105. USDOT number registration requirement.

Sec. 32106. Registration fee system.

Sec. 32107. Registration update.

Sec. 32108. Increased penalties for operating without registration.

Sec. 32109. Revocation of registration for imminent hazard.

Sec. 32110. Revocation of registration and other penalties for failure to respond to subpoena.

Sec. 32111. Fleetwide out of service order for operating without required registration.

Sec. 32112. Motor carrier and officer patterns of safety violations.

Subtitle B—Commercial motor vehicle safety

Sec. 32201. Crashworthiness standards.

Sec. 32202. Canadian safety rating reciprocity.

Sec. 32203. State reporting of foreign commercial driver convictions.

Sec. 32204. Authority to disqualify foreign commercial drivers.

Sec. 32205. Revocation of foreign motor carrier operating authority for failure to pay civil penalties.

Sec. 32206. Rental truck accident study.

Subtitle C—Driver safety

Sec. 32301. Hours of service study and electronic logging devices.

Sec. 32302. Driver medical qualifications.

Sec. 32303. Commercial driver's license notification system.

Sec. 32304. Commercial motor vehicle operator training.

Sec. 32305. Commercial driver's license program.

Sec. 32306. Commercial motor vehicle driver information systems.

Sec. 32307. Employer responsibilities.

Sec. 32308. Program to assist Veterans to acquire commercial driver's licenses.

Subtitle D—Safe Roads Act of 2012

Sec. 32401. Short title.

Sec. 32402. National clearinghouse for controlled substance and alcohol test results of commercial motor vehicle operators.

Subtitle E—Enforcement

Sec. 32501. Inspection demand and display of credentials.

Sec. 32502. Out of service penalty for denial of access to records.

Sec. 32503. Penalties for violation of operation out of service orders.

Sec. 32504. Impoundment and immobilization of commercial motor vehicles for imminent hazard.

Sec. 32505. Increased penalties for evasion of regulations.

Sec. 32506. Violations relating to commercial motor vehicle safety regulation and operators.

Sec. 32507. Emergency disqualification for imminent hazard.

Sec. 32508. Disclosure to State and local law enforcement agencies.

Sec. 32509. Grade crossing safety regulations.

Subtitle F—Compliance, safety, accountability

Sec. 32601. Motor carrier safety assistance program.

Sec. 32602. Performance and registration information systems management program.

Sec. 32603. Authorization of appropriations.

Sec. 32604. Grants for commercial driver's license program implementation.

Sec. 32605. Commercial vehicle information systems and networks.

Subtitle G—Motorcoach Enhanced Safety Act of 2012

Sec. 32701. Short title.

Sec. 32702. Definitions.

Sec. 32703. Regulations for improved occupant protection, passenger evacuation, and crash avoidance.

Sec. 32704. Fire prevention and mitigation.

Sec. 32705. Occupant protection, collision avoidance, fire causation, and fire extinguisher research and testing.

Sec. 32706. Concurrence of research and rulemaking.

Sec. 32707. Improved oversight of motorcoach service providers.

Sec. 32708. Report on feasibility, benefits, and costs of establishing a system of certification of training programs.

Sec. 32709. Commercial driver's license passenger endorsement requirements.

Sec. 32710. Safety inspection program for commercial motor vehicles of passengers.

Sec. 32711. Regulations.

Subtitle H—Safe Highways and Infrastructure Preservation

Sec. 32801. Comprehensive truck size and weight limits study.

Sec. 32802. Compilation of existing State truck size and weight limit laws.

Subtitle I—Miscellaneous

PART I—Miscellaneous

Sec. 32911. Prohibition of coercion.

Sec. 32912. Motor carrier safety advisory committee.

Sec. 32913. Waivers, exemptions, and pilot programs.

Sec. 32914. Registration requirements.

Sec. 32915. Additional motor carrier registration requirements.

Sec. 32916. Registration of freight forwarders and brokers.

Sec. 32917. Effective periods of registration.

Sec. 32918. Financial security of brokers and freight forwarders.

Sec. 32919. Unlawful brokerage activities.

PART II—Household goods transportation

Sec. 32921. Additional registration requirements for household goods motor carriers.

Sec. 32922. Failure to give up possession of household goods.

Sec. 32923. Settlement authority.

PART III—Technical Amendments

Sec. 32931. Update of obsolete text.

Sec. 32932. Correction of interstate commerce commission references.

Sec. 32933. Technical and conforming amendments.

Sec. 32934. Exemptions from requirements for covered farm vehicles.

TITLE III—Hazardous Materials Transportation Safety Improvement Act of 2012

Sec. 33001. Short title.

Sec. 33002. Definition.

Sec. 33003. References to title 49, United States Code.

Sec. 33004. Training for emergency responders.

Sec. 33005. Paperless Hazard Communications Pilot Program.

Sec. 33006. Improving data collection, analysis, and reporting.

Sec. 33007. Hazardous material technical assessment, research and development, and analysis program.

Sec. 33008. Hazardous Material Enforcement Training.

Sec. 33009. Inspections.

Sec. 33010. Civil penalties.

Sec. 33011. Reporting of fees.

Sec. 33012. Special permits, approvals, and exclusions.

Sec. 33013. Highway routing disclosures.

Sec. 33014. Motor carrier safety permits.

Sec. 33015. Wetlines.

Sec. 33016. Hazmat employee training requirements and grants.

Sec. 33017. Authorization of appropriations.

TITLE IV—Sport Fish Restoration and Recreational Boating Safety Act of 2012

Sec. 34001. Short title.

Sec. 34002. Amendment of Federal Aid in Sport Fish Restoration Act.

TITLE V—Miscellaneous

Sec. 35001. Overflights in Grand Canyon National Park.

Sec. 35002. Commercial air tour operations.

Sec. 35003. Qualifications for public aircraft status.

DIVISION D—Finance

Sec. 40001. Short title.

TITLE I—Extension of Highway Trust Fund Expenditure Authority and Related Taxes

Sec. 40101. Extension of trust fund expenditure authority.

Sec. 40102. Extension of highway-related taxes.

TITLE II—Revenue provisions

Subtitle A—Leaking Underground Storage Tank Trust Fund

Sec. 40201. Transfer from Leaking Underground Storage Tank Trust Fund to Highway Trust Fund.

Subtitle B—Pension provisions

PART I—Pension funding stabilization

Sec. 40211. Pension funding stabilization.

PART II—PBGC premiums

Sec. 40221. Single employer plan annual premium rates.

Sec. 40222. Multiemployer annual premium rates.

PART III—Improvements of PBGC

Sec. 40231. Pension Benefit Guaranty Corporation Governance Improvement.

Sec. 40232. Participant and plan sponsor advocate.

Sec. 40233. Quality control procedures for the Pension Benefit Guaranty Corporation.

Sec. 40234. Line of credit repeal.

PART IV—Transfers of excess pension assets

Sec. 40241. Extension for transfers of excess pension assets to retiree health accounts.

Sec. 40242. Transfer of excess pension assets to retiree group term life insurance accounts.

Subtitle C—Additional transfers to Highway Trust Fund

Sec. 40251. Additional transfers to Highway Trust Fund.

DIVISION E—Research and Education

Sec. 50001. Short title.

TITLE I—Funding

Sec. 51001. Authorization of appropriations.

TITLE II—Research, technology, and education

Sec. 52001. Research, technology, and education.

Sec. 52002. Surface transportation research, development, and technology.

Sec. 52003. Research and technology development and deployment.

Sec. 52004. Training and education.

Sec. 52005. State planning and research.

Sec. 52006. International highway transportation program.

Sec. 52007. Surface transportation environmental cooperative research program.

Sec. 52008. National cooperative freight research.

Sec. 52009. University transportation centers program.

Sec. 52010. University transportation research.

Sec. 52011. Bureau of Transportation Statistics.

Sec. 52012. Administrative authority.

Sec. 52013. Transportation research and development strategic planning.

TITLE III—Intelligent transportation systems research

Sec. 53001. Use of funds for ITS activities.

Sec. 53002. Goals and purposes.

Sec. 53003. General authorities and requirements.

Sec. 53004. Research and development.

Sec. 53005. National architecture and standards.

Sec. 53006. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment.

DIVISION F—Miscellaneous

TITLE I—Reauthorization of certain programs

Subtitle A—Secure rural schools and community self-determination program

Sec. 100101. Secure Rural Schools and Community Self-Determination Program.

Subtitle B—Payment in lieu of taxes program

Sec. 100111. Payments in lieu of taxes.

Subtitle C—Offsets

Sec. 100121. Phased retirement authority.

Sec. 100122. Roll-your-own cigarette machines.

Sec. 100123. Change in FMAP increase for disaster recovery states.

Sec. 100124. Repeals.

Sec. 100125. Limitation on payments from the Abandoned Mine Reclamation Fund.

TITLE II—Flood insurance

Subtitle A—Flood insurance reform and modernization

Sec. 100201. Short title.

Sec. 100202. Definitions.

Sec. 100203. Extension of National Flood Insurance Program.

Sec. 100204. Availability of insurance for multifamily properties.

Sec. 100205. Reform of premium rate structure.

Sec. 100207. Premium adjustment.

Sec. 100208. Enforcement.

Sec. 100209. Escrow of flood insurance payments.

Sec. 100210. Minimum deductibles for claims under the National Flood Insurance Program.

Sec. 100211. Considerations in determining chargeable premium rates.

Sec. 100212. Reserve fund.

Sec. 100213. Repayment plan for borrowing authority.

Sec. 100214. Payment of condominium claims.

Sec. 100215. Technical mapping advisory council.

Sec. 100216. National flood mapping program.

Sec. 100217. Scope of appeals.

Sec. 100218. Scientific Resolution Panel.

Sec. 100219. Removal of limitation on State contributions for updating flood maps.

Sec. 100220. Coordination.

Sec. 100221. Interagency coordination study.

Sec. 100222. Notice of flood insurance availability under RESPA.

Sec. 100223. Participation in State disaster claims mediation programs.

Sec. 100224. Oversight and expense reimbursements of insurance companies.

Sec. 100225. Mitigation.

Sec. 100226. Flood Protection Structure Accreditation Task Force.

Sec. 100227. Flood in progress determinations.

Sec. 100228. Clarification of residential and commercial coverage limits.

Sec. 100229. Local data requirement.

Sec. 100230. Eligibility for flood insurance for persons residing in communities that have made adequate progress on the reconstruction or improvement of a flood protection system.

Sec. 100231. Studies and reports.

Sec. 100232. Reinsurance.

Sec. 100233. GAO study on business interruption and additional living expenses coverages.

Sec. 100234. Policy disclosures.

Sec. 100235. Report on inclusion of building codes in floodplain management criteria.

Sec. 100236. Study of participation and affordability for certain policyholders.

Sec. 100237. Study and report concerning the participation of Indian tribes and members of Indian tribes in the National Flood Insurance Program.

Sec. 100238. Technical corrections.

Sec. 100239. Use of private insurance to satisfy mandatory purchase requirement.

Sec. 100240. Levees constructed on certain properties.

Sec. 100241. Insurance coverage for private properties affected by flooding from Federal lands.

Sec. 100242. Permissible land use under Federal flood insurance plan.

Sec. 100243. CDBG eligibility for flood insurance outreach activities and community building code administration grants.

Sec. 100244. Termination of force-placed insurance.

Sec. 100245. FEMA authority on transfer of policies.

Sec. 100246. Reimbursement of certain expenses.

Sec. 100247. FIO study on risks, hazards, and insurance.

Sec. 100248. Flood protection improvements constructed on certain properties.

Sec. 100249. No cause of action.

Subtitle B—Alternative loss allocation

Sec. 100251. Short title.

Sec. 100252. Assessing and modeling named storms over coastal States.

Sec. 100253. Alternative loss allocation system for indeterminate claims.

Subtitle C—HEARTH Act Amendment

Sec. 100261. HEARTH Act technical corrections.

TITLE III—Student loan interest rate extension

Sec. 100301. Federal Direct Stafford Loan interest rate extension.

Sec. 100302. Eligibility for, and interest charges on, Federal Direct Stafford Loans for new borrowers on or after July 1, 2013.

DIVISION G—Surface transportation extension

Sec. 110001. Short title.

TITLE I—Federal-aid highways

Sec. 111001. Extension of Federal-aid highway programs.

TITLE II—Extension of highway safety programs

Sec. 112001. Extension of National Highway Traffic Safety Administration highway safety programs.

Sec. 112002. Extension of Federal Motor Carrier Safety Administration programs.

Sec. 112003. Additional programs.

TITLE III—Public transportation programs

Sec. 113001. Allocation of funds for planning programs.

Sec. 113002. Special rule for urbanized area formula grants.

Sec. 113003. Allocating amounts for capital investment grants.

Sec. 113004. Apportionment of formula grants for other than urbanized areas.

Sec. 113005. Apportionment based on fixed guideway factors.

Sec. 113006. Authorizations for public transportation.

Sec. 113007. Amendments to SAFETEA–LU.

TITLE IV—Effective date

Sec. 114001. Effective date.

DIVISION H—Budgetary effects

Sec. 120001. Budgetary effects.

2.

Definitions

In this Act, the following definitions apply:

(1)

Department

The term Department means the Department of Transportation.

(2)

Secretary

The term Secretary means the Secretary of Transportation.

3.

Effective date

(a)

In general

Except as otherwise provided, divisions A, B, C (other than sections 32603(d), 32603(g), 32912, and 34002 of that division) and E, including the amendments made by those divisions, take effect on October 1, 2012.

(b)

References

Except as otherwise provided, any reference to the date of enactment of the MAP–21 or to the date of enactment of the Federal Public Transportation Act of 2012 in the divisions described in subsection (a) or in an amendment made by those divisions shall be deemed to be a reference to the effective date of those divisions.

A

Federal-aid highways and highway safety construction programs

I

Federal-aid highways

A

Authorizations and programs

1101.

Authorization of appropriations

(a)

In general

The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(1)

Federal-aid highway program

For the national highway performance program under section 119 of title 23, United States Code, the surface transportation program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, and to carry out section 134 of that title—

(A)

$37,476,819,674 for fiscal year 2013; and

(B)

$37,798,000,000 for fiscal year 2014.

(2)

Transportation infrastructure finance and innovation program

For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code—

(A)

$750,000,000 for fiscal year 2013; and

(B)

$1,000,000,000 for fiscal year 2014.

(3)

Federal lands and tribal transportation programs

(A)

Tribal transportation program

For the tribal transportation program under section 202 of title 23, United States Code, $450,000,000 for each of fiscal years 2013 and 2014.

(B)

Federal lands transportation program

For the Federal lands transportation program under section 203 of title 23, United States Code, $300,000,000 for each of fiscal years 2013 and 2014, of which $240,000,000 of the amount made available for each fiscal year shall be the amount for the National Park Service and $30,000,000 of the amount made available for each fiscal year shall be the amount for the United States Fish and Wildlife Service.

(C)

Federal lands access program

For the Federal lands access program under section 204 of title 23, United States Code, $250,000,000 for each of fiscal years 2013 and 2014.

(4)

Territorial and puerto rico highway program

For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code, $190,000,000 for each of fiscal years 2013 and 2014.

(b)

Disadvantaged business enterprises

(1)

Findings

Congress finds that—

(A)

while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in federally-assisted surface transportation markets across the United States;

(B)

the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program;

(C)

Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem;

(D)

the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and

(E)

the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business.

(2)

Definitions

In this subsection, the following definitions apply:

(A)

Small business concern

(i)

In general

The term small business concern means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)).

(ii)

Exclusions

The term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $22,410,000, as adjusted annually by the Secretary for inflation.

(B)

Socially and economically disadvantaged individuals

The term socially and economically disadvantaged individuals has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.

(3)

Amounts for small business concerns

Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under divisions A and B of this Act and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.

(4)

Annual listing of disadvantaged business enterprises

Each State shall annually—

(A)

survey and compile a list of the small business concerns referred to in paragraph (2) in the State, including the location of the small business concerns in the State; and

(B)

notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by—

(i)

women;

(ii)

socially and economically disadvantaged individuals (other than women); and

(iii)

individuals who are women and are otherwise socially and economically disadvantaged individuals.

(5)

Uniform certification

(A)

In general

The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.

(B)

Inclusions

The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern—

(i)

on-site visits;

(ii)

personal interviews with personnel;

(iii)

issuance or inspection of licenses;

(iv)

analyses of stock ownership;

(v)

listings of equipment;

(vi)

analyses of bonding capacity;

(vii)

listings of work completed;

(viii)

examination of the resumes of principal owners;

(ix)

analyses of financial capacity; and

(x)

analyses of the type of work preferred.

(6)

Reporting

The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary—

(A)

information concerning disadvantaged business enterprise awards, commitments, and achievements; and

(B)

such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program.

(7)

Compliance with court orders

Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under divisions A and B of this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (2) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (2) is unconstitutional.

1102.

Obligation ceiling

(a)

General limitation

Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed—

(1)

$39,699,000,000 for fiscal year 2013; and

(2)

$40,256,000,000 for fiscal year 2014.

(b)

Exceptions

The limitations under subsection (a) shall not apply to obligations under or for—

(1)

section 125 of title 23, United States Code;

(2)

section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);

(3)

section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);

(4)

subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);

(5)

subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);

(6)

sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027);

(7)

section 157 of title 23, United States Code (as in effect on June 8, 1998);

(8)

section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);

(9)

Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;

(10)

section 105 of title 23, United States Code (but, for each of fiscal years 2005 through 2011, only in an amount equal to $639,000,000 for each of those fiscal years);

(11)

section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and

(12)

section 119 of title 23, United States Code (but, for each of fiscal years 2013 through 2014, only in an amount equal to $639,000,000 for each of those fiscal years).

(c)

Distribution of obligation authority

For each of fiscal years 2013 through 2014, the Secretary—

(1)

shall not distribute obligation authority provided by subsection (a) for the fiscal year for—

(A)

amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and

(B)

amounts authorized for the Bureau of Transportation Statistics;

(2)

shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts—

(A)

made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 or 204 of title 23, United States Code); and

(B)

for which obligation authority was provided in a previous fiscal year;

(3)

shall determine the proportion that—

(A)

the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to

(B)

the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(12) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;

(4)

shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying—

(A)

the proportion determined under paragraph (3); by

(B)

the amounts authorized to be appropriated for each such program for the fiscal year; and

(5)

shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(12) and the amounts apportioned under section 204 of that title) in the proportion that—

(A)

amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to

(B)

the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year.

(d)

Redistribution of unused obligation authority

Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2013 through 2014—

(1)

revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and

(2)

redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of this Act) and 104 of title 23, United States Code.

(e)

Applicability of obligation limitations to transportation research programs

(1)

In general

Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under—

(A)

chapter 5 of title 23, United States Code; and

(B)

division E of this Act.

(2)

Exception

Obligation authority made available under paragraph (1) shall—

(A)

remain available for a period of 4 fiscal years; and

(B)

be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

(f)

Redistribution of certain authorized funds

(1)

In general

Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2013 through 2014, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that—

(A)

are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and

(B)

the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year.

(2)

Ratio

Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5).

(3)

Availability

Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(c) of title 23, United States Code.

1103.

Definitions

(a)

Definitions

Section 101(a) of title 23, United States Code, is amended—

(1)

by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39);

(2)

by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

(3)

by inserting after paragraph (1) the following:

(2)

Asset management

The term asset management means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.

;

(4)

in paragraph (4) (as redesignated by paragraph (2))—

(A)

in the matter preceding subparagraph (A), by inserting or any project eligible for assistance under this title after of a highway;

(B)

by striking subparagraph (A) and inserting the following:

(A)

preliminary engineering, engineering, and design-related services directly relating to the construction of a highway project, including engineering, design, project development and management, construction project management and inspection, surveying, mapping (including the establishment of temporary and permanent geodetic control in accordance with specifications of the National Oceanic and Atmospheric Administration), and architectural-related services;

;

(C)

in subparagraph (B)—

(i)

by inserting reconstruction, before resurfacing; and

(ii)

by striking and rehabilitation and inserting rehabilitation, and preservation;

(D)

in subparagraph (E) by striking railway and inserting railway-highway; and

(E)

in subparagraph (F) by striking obstacles and inserting hazards;

(5)

in paragraph (6) (as so redesignated)—

(A)

by inserting public before highway eligible; and

(B)

by inserting functionally before classified;

(6)

by inserting after paragraph (6) (as so redesignated) the following:

(7)

Federal lands access transportation facility

The term Federal Lands access transportation facility means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title or maintenance responsibility is vested in a State, county, town, township, tribal, municipal, or local government.

(8)

Federal lands transportation facility

The term Federal lands transportation facility means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title and maintenance responsibility is vested in the Federal Government, and that appears on the national Federal lands transportation facility inventory described in section 203(c).

;

(7)

in paragraph (11)(B) by inserting including public roads on dams after drainage structure;

(8)

in paragraph (14) (as so redesignated)—

(A)

by striking as a and inserting as an air quality; and

(B)

by inserting air quality before attainment area;

(9)

in paragraph (18) (as so redesignated) by striking an undertaking to construct a particular portion of a highway, or if the context so implies, the particular portion of a highway so constructed or any other undertaking and inserting any undertaking;

(10)

in paragraph (19) (as so redesignated)—

(A)

by striking the State transportation department and; and

(B)

by inserting and the recipient after Secretary;

(11)

by striking paragraph (23) (as so redesignated) and inserting the following:

(23)

Safety improvement project

The term safety improvement project means a strategy, activity, or project on a public road that is consistent with the State strategic highway safety plan and corrects or improves a roadway feature that constitutes a hazard to road users or addresses a highway safety problem.

;

(12)

by inserting after paragraph (26) (as so redesignated) the following:

(27)

State strategic highway safety plan

The term State strategic highway safety plan has the same meaning given such term in section 148(a).

;

(13)

by striking paragraph (29) (as so redesignated) and inserting the following:

(29)

Transportation alternatives

The term transportation alternatives means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:

(A)

Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

(B)

Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with disabilities to access daily needs.

(C)

Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users.

(D)

Construction of turnouts, overlooks, and viewing areas.

(E)

Community improvement activities, including—

(i)

inventory, control, or removal of outdoor advertising;

(ii)

historic preservation and rehabilitation of historic transportation facilities;

(iii)

vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, and provide erosion control; and

(iv)

archaeological activities relating to impacts from implementation of a transportation project eligible under this title.

(F)

Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to—

(i)

address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in sections 133(b)(11), 328(a), and 329; or

(ii)

reduce vehicle-caused wildlife mortality or to restore and maintain connectivity among terrestrial or aquatic habitats.

; and

(14)

by inserting after paragraph (29) (as so redesignated) the following:

(30)

Transportation systems management and operations

(A)

In general

The term transportation systems management and operations means integrated strategies to optimize the performance of existing infrastructure through the implementation of multimodal and intermodal, cross-jurisdictional systems, services, and projects designed to preserve capacity and improve security, safety, and reliability of the transportation system.

(B)

Inclusions

The term transportation systems management and operations includes—

(i)

actions such as traffic detection and surveillance, corridor management, freeway management, arterial management, active transportation and demand management, work zone management, emergency management, traveler information services, congestion pricing, parking management, automated enforcement, traffic control, commercial vehicle operations, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations; and

(ii)

coordination of the implementation of regional transportation system management and operations investments (such as traffic incident management, traveler information services, emergency management, roadway weather management, intelligent transportation systems, communication networks, and information sharing systems) requiring agreements, integration, and interoperability to achieve targeted system performance, reliability, safety, and customer service levels.

(31)

Tribal transportation facility

The term tribal transportation facility means a public highway, road, bridge, trail, or transit system that is located on or provides access to tribal land and appears on the national tribal transportation facility inventory described in section 202(b)(1).

(32)

Truck stop electrification system

The term truck stop electrification system means a system that delivers heat, air conditioning, electricity, or communications to a heavy-duty vehicle.

.

(b)

Sense of Congress

Section 101(c) of title 23, United States Code, is amended by striking system and inserting highway.

1104.

National Highway System

(a)

In general

Section 103 of title 23, United States Code, is amended to read as follows:

103.

National Highway System

(a)

In general

For the purposes of this title, the Federal-aid system is the National Highway System, which includes the Interstate System.

(b)

National highway system

(1)

Description

The National Highway System consists of the highway routes and connections to transportation facilities that shall—

(A)

serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations;

(B)

meet national defense requirements; and

(C)

serve interstate and interregional travel and commerce.

(2)

Components

The National Highway System described in paragraph (1) consists of the following:

(A)

The National Highway System depicted on the map submitted by the Secretary of Transportation to Congress with the report entitled Pulling Together: The National Highway System and its Connections to Major Intermodal Terminals and dated May 24, 1996, and modifications approved by the Secretary before the date of enactment of the MAP–21.

(B)

Other urban and rural principal arterial routes, and border crossings on those routes, that were not included on the National Highway System before the date of enactment of the MAP–21.

(C)

Other connector highways (including toll facilities) that were not included in the National Highway System before the date of enactment of the MAP–21 but that provide motor vehicle access between arterial routes on the National Highway System and a major intermodal transportation facility.

(D)

A strategic highway network that—

(i)

consists of a network of highways that are important to the United States strategic defense policy, that provide defense access, continuity, and emergency capabilities for the movement of personnel, materials, and equipment in both peacetime and wartime, and that were not included on the National Highway System before the date of enactment of the MAP–21;

(ii)

may include highways on or off the Interstate System; and

(iii)

shall be designated by the Secretary, in consultation with appropriate Federal agencies and the States.

(E)

Major strategic highway network connectors that—

(i)

consist of highways that provide motor vehicle access between major military installations and highways that are part of the strategic highway network but were not included on the National Highway System before the date of enactment of the MAP–21; and

(ii)

shall be designated by the Secretary, in consultation with appropriate Federal agencies and the States.

(3)

Modifications to nhs

(A)

In general

The Secretary may make any modification, including any modification consisting of a connector to a major intermodal terminal, to the National Highway System that is proposed by a State if the Secretary determines that the modification—

(i)

meets the criteria established for the National Highway System under this title after the date of enactment of the MAP–21; and

(ii)

enhances the national transportation characteristics of the National Highway System.

(B)

Cooperation

(i)

In general

In proposing a modification under this paragraph, a State shall cooperate with local and regional officials.

(ii)

Urbanized areas

In an urbanized area, the local officials shall act through the metropolitan planning organization designated for the area under section 134.

(c)

Interstate system

(1)

Description

(A)

In general

The Dwight D. Eisenhower National System of Interstate and Defense Highways within the United States (including the District of Columbia and Puerto Rico) consists of highways designed, located, and selected in accordance with this paragraph.

(B)

Design

(i)

In general

Except as provided in clause (ii), highways on the Interstate System shall be designed in accordance with the standards of section 109(b).

(ii)

Exception

Highways on the Interstate System in Alaska and Puerto Rico shall be designed in accordance with such geometric and construction standards as are adequate for current and probable future traffic demands and the needs of the locality of the highway.

(C)

Location

Highways on the Interstate System shall be located so as—

(i)

to connect by routes, as direct as practicable, the principal metropolitan areas, cities, and industrial centers;

(ii)

to serve the national defense; and

(iii)

to the maximum extent practicable, to connect at suitable border points with routes of continental importance in Canada and Mexico.

(D)

Selection of routes

To the maximum extent practicable, each route of the Interstate System shall be selected by joint action of the State transportation departments of the State in which the route is located and the adjoining States, in cooperation with local and regional officials, and subject to the approval of the Secretary.

(2)

Maximum mileage

The mileage of highways on the Interstate System shall not exceed 43,000 miles, exclusive of designations under paragraph (4).

(3)

Modifications

The Secretary may approve or require modifications to the Interstate System in a manner consistent with the policies and procedures established under this subsection.

(4)

Interstate system designations

(A)

Additions

If the Secretary determines that a highway on the National Highway System meets all standards of a highway on the Interstate System and that the highway is a logical addition or connection to the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a route on the Interstate System.

(B)

Designations as future interstate system routes

(i)

In general

Subject to clauses (ii) through (vi), if the Secretary determines that a highway on the National Highway System would be a logical addition or connection to the Interstate System and would qualify for designation as a route on the Interstate System under subparagraph (A) if the highway met all standards of a highway on the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a future Interstate System route.

(ii)

Written agreement

A designation under clause (i) shall be made only upon the written agreement of each State described in that clause that the highway will be constructed to meet all standards of a highway on the Interstate System by not later than the date that is 25 years after the date of the agreement.

(iii)

Failure to complete construction

If a State described in clause (i) has not substantially completed the construction of a highway designated under this subparagraph by the date specified in clause (ii), the Secretary shall remove the designation of the highway as a future Interstate System route.

(iv)

Effect of removal

Removal of the designation of a highway under clause (iii) shall not preclude the Secretary from designating the highway as a route on the Interstate System under subparagraph (A) or under any other provision of law providing for addition to the Interstate System.

(v)

Retroactive effect

An agreement described in clause (ii) that is entered into before August 10, 2005, shall be deemed to include the 25-year time limitation described in that clause, regardless of any earlier construction completion date in the agreement.

(vi)

References

No law, rule, regulation, map, document, or other record of the United States, or of any State or political subdivision of a State, shall refer to any highway designated as a future Interstate System route under this subparagraph, and no such highway shall be signed or marked, as a highway on the Interstate System, until such time as the highway—

(I)

is constructed to the geometric and construction standards for the Interstate System; and

(II)

has been designated as a route on the Interstate System.

(C)

Financial responsibility

Except as provided in this title, the designation of a highway under this paragraph shall create no additional Federal financial responsibility with respect to the highway.

(5)

Exemption of interstate system

(A)

In general

Except as provided in subparagraph (B), the Interstate System shall not be considered to be a historic site under section 303 of title 49 or section 138 of this title, regardless of whether the Interstate System or portions or elements of the Interstate System are listed on, or eligible for listing on, the National Register of Historic Places.

(B)

Individual elements

Subject to subparagraph (C)—

(i)

the Secretary shall determine, through the administrative process established for exempting the Interstate System from section 106 of the National Historic Preservation Act (16 U.S.C. 470f), those individual elements of the Interstate System that possess national or exceptional historic significance (such as a historic bridge or a highly significant engineering feature); and

(ii)

those elements shall be considered to be historic sites under section 303 of title 49 or section 138 of this title, as applicable.

(C)

Construction, maintenance, restoration, and rehabilitation activities

Subparagraph (B) does not prohibit a State from carrying out construction, maintenance, preservation, restoration, or rehabilitation activities for a portion of the Interstate System referred to in subparagraph (B) upon compliance with section 303 of title 49 or section 138 of this title, as applicable, and section 106 of the National Historic Preservation Act (16 U.S.C. 470f).

.

(b)

Inclusion of certain route segments on interstate system

(1)

In general

Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031; 109 Stat. 597; 115 Stat. 872) is amended—

(A)

in the first sentence, by striking and in subsections (c)(18) and (c)(20) and inserting , in subsections (c)(18) and (c)(20), and in subparagraphs (A)(iii) and (B) of subsection (c)(26); and

(B)

in the second sentence, by striking that the segment and all that follows through the period and inserting that the segment meets the Interstate System design standards approved by the Secretary under section 109(b) of title 23, United States Code, and is planned to connect to an existing Interstate System segment by the date that is 25 years after the date of enactment of the MAP–21..

(2)

Route designation

Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 109 Stat. 598) is amended by adding at the end the following: The routes referred to subparagraphs (A)(iii) and (B)(i) of subsection (c)(26) are designated as Interstate Route I-11..

(c)

Conforming amendments

(1)

Analysis

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 103 and inserting the following:

103. National Highway System.

.

(2)

Section 113

Section 113 of title 23, United States Code, is amended—

(A)

in subsection (a) by striking the Federal-aid systems and inserting Federal-aid highways; and

(B)

in subsection (b), in the first sentence, by striking of the Federal-aid systems and inserting Federal-aid highway.

(3)

Section 123

Section 123(a) of title 23, United States Code, is amended in the first sentence by striking Federal-aid system and inserting Federal-aid highway.

(4)

Section 217

Section 217(b) of title 23, United States Code, is amended in the subsection heading by striking National Highway System and inserting National Highway Performance Program.

(5)

Section 304

Section 304 of title 23, United States Code, is amended in the first sentence by striking the Federal-aid highway systems and inserting Federal-aid highways.

(6)

Section 317

Section 317(d) of title 23, United States Code, is amended by striking system and inserting highway.

1105.

Apportionment

(a)

In general

Section 104 of title 23, United States Code, is amended to read as follows:

104.

Apportionment

(a)

Administrative expenses

(1)

In general

There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration—

(A)

$454,180,326 for fiscal year 2013; and

(B)

$440,000,000 for fiscal year 2014.

(2)

Purposes

The amounts authorized to be appropriated by this subsection shall be used—

(A)

to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2;

(B)

to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and

(C)

to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with section 3521 of title 31.

(3)

Availability

The amounts made available under paragraph (1) shall remain available until expended.

(b)

Division of state apportionments among programs

The Secretary shall distribute the amount apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation program, the highway safety improvement program, and the congestion mitigation and air quality improvement program, and to carry out section 134 as follows:

(1)

National highway performance program

For the national highway performance program, 63.7 percent of the amount remaining after distributing amounts under paragraphs (4) and (5).

(2)

Surface transportation program

For the surface transportation program, 29.3 percent of the amount remaining after distributing amounts under paragraphs (4) and (5).

(3)

Highway safety improvement program

For the highway safety improvement program, 7 percent of the amount remaining after distributing amounts under paragraphs (4) and (5).

(4)

Congestion mitigation and air quality improvement program

For the congestion mitigation and air quality improvement program, an amount determined by multiplying the amount determined for the State under subsection (c) by the proportion that—

(A)

the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2009; bears to

(B)

the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of the MAP–21.

(5)

Metropolitan planning

To carry out section 134, an amount determined by multiplying the amount determined for the State under subsection (c) by the proportion that—

(A)

the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears to

(B)

the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of the MAP–21.

(c)

Calculation of state amounts

(1)

For fiscal year 2013

(A)

Calculation of amount

For fiscal year 2013, the amount for each State of combined apportionments for the national highway performance program under section 119, the surface transportation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section 134 shall be equal to the combined amount of apportionments that the State received for fiscal year 2012.

(B)

State apportionment

On October 1 of such fiscal year, the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section 134 in accordance with subparagraph (A).

(2)

For fiscal year 2014

(A)

State share

For fiscal year 2014, the amount for each State of combined apportionments for the national highway performance program under section 119, the surface transportation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section 134 shall be determined as follows:

(i)

Initial amount

The initial amount for each State shall be determined by multiplying the total amount available for apportionment by the share for each State which shall be equal to the proportion that—

(I)

the amount of apportionments that the State received for fiscal year 2012; bears to

(II)

the amount of those apportionments received by all States for that fiscal year.

(ii)

Adjustments to amounts

The initial amounts resulting from the calculation under clause (i) shall be adjusted to ensure that, for each State, the amount of combined apportionments for the programs shall not be less than 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available.

(B)

State apportionment

On October 1 of such fiscal year, the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section 134 in accordance with subparagraph (A).

(d)

Metropolitan planning

(1)

Use of amounts

(A)

Use

(i)

In general

Except as provided in clause (ii), the amounts apportioned to a State under subsection (b)(5) shall be made available by the State to the metropolitan planning organizations responsible for carrying out section 134 in the State.

(ii)

States receiving minimum apportionment

A State that received the minimum apportionment for use in carrying out section 134 for fiscal year 2009 may, subject to the approval of the Secretary, use the funds apportioned under subsection (b)(5) to fund transportation planning outside of urbanized areas.

(B)

Unused funds

Any funds that are not used to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities under section 135.

(2)

Distribution of amounts within states

(A)

In general

The distribution within any State of the planning funds made available to organizations under paragraph (1) shall be in accordance with a formula that—

(i)

is developed by each State and approved by the Secretary; and

(ii)

takes into consideration, at a minimum, population, status of planning, attainment of air quality standards, metropolitan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out section 134 and other applicable requirements of Federal law.

(B)

Reimbursement

Not later than 15 business days after the date of receipt by a State of a request for reimbursement of expenditures made by a metropolitan planning organization for carrying out section 134, the State shall reimburse, from amounts distributed under this paragraph to the metropolitan planning organization by the State, the metropolitan planning organization for those expenditures.

(3)

Determination of population figures

For the purpose of determining population figures under this subsection, the Secretary shall use the latest available data from the decennial census conducted under section 141(a) of title 13, United States Code.

(e)

Certification of apportionments

(1)

In general

The Secretary shall—

(A)

on October 1 of each fiscal year, certify to each of the State transportation departments the amount that has been apportioned to the State under this section for the fiscal year; and

(B)

to permit the States to develop adequate plans for the use of amounts apportioned under this section, advise each State of the amount that will be apportioned to the State under this section for a fiscal year not later than 90 days before the beginning of the fiscal year for which the sums to be apportioned are authorized.

(2)

Notice to states

If the Secretary has not made an apportionment under this section for a fiscal year beginning after September 30, 1998, by not later than the date that is the twenty-first day of that fiscal year, the Secretary shall submit, by not later than that date, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, a written statement of the reason for not making the apportionment in a timely manner.

(3)

Apportionment calculations

(A)

In general

The calculation of official apportionments of funds to the States under this title is a primary responsibility of the Department and shall be carried out only by employees (and not contractors) of the Department.

(B)

Prohibition on use of funds to hire contractors

None of the funds made available under this title shall be used to hire contractors to calculate the apportionments of funds to States.

(f)

Transfer of highway and transit funds

(1)

Transfer of highway funds for transit projects

(A)

In general

Subject to subparagraph (B), amounts made available for transit projects or transportation planning under this title may be transferred to and administered by the Secretary in accordance with chapter 53 of title 49.

(B)

Non-federal share

The provisions of this title relating to the non-Federal share shall apply to the amounts transferred under subparagraph (A).

(2)

Transfer of transit funds for highway projects

(A)

In general

Subject to subparagraph (B), amounts made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in accordance with this title.

(B)

Non-federal share

The provisions of chapter 53 of title 49 relating to the non-Federal share shall apply to amounts transferred under subparagraph (A).

(3)

Transfer of funds among states or to federal highway administration

(A)

In general

Subject to subparagraph (B), the Secretary may, at the request of a State, transfer amounts apportioned or allocated under this title to the State to another State, or to the Federal Highway Administration, for the purpose of funding 1 or more projects that are eligible for assistance with amounts so apportioned or allocated.

(B)

Apportionment

The transfer shall have no effect on any apportionment of amounts to a State under this section.

(C)

Funds suballocated to urbanized areas

Amounts that are apportioned or allocated to a State under subsection (b)(3) (as in effect on the day before the date of enactment of the MAP–21) or subsection (b)(2) and attributed to an urbanized area of a State with a population of more than 200,000 individuals under section 133(d) may be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs, in writing, with the transfer request.

(4)

Transfer of obligation authority

Obligation authority for amounts transferred under this subsection shall be transferred in the same manner and amount as the amounts for the projects that are transferred under this section.

(g)

Report to congress

For each fiscal year, the Secretary shall make available to the public, in a user-friendly format via the Internet, a report that describes—

(1)

the amount obligated, by each State, for Federal-aid highways and highway safety construction programs during the preceding fiscal year;

(2)

the balance, as of the last day of the preceding fiscal year, of the unobligated apportionment of each State by fiscal year under this section;

(3)

the balance of unobligated sums available for expenditure at the discretion of the Secretary for such highways and programs for the fiscal year; and

(4)

the rates of obligation of funds apportioned or set aside under this section, according to—

(A)

program;

(B)

funding category of subcategory;

(C)

type of improvement;

(D)

State; and

(E)

sub-State geographical area, including urbanized and rural areas, on the basis of the population of each such area.

.

(b)

Conforming amendment

Section 146(a) of title 23, United States Code, is amended by striking sections 104(b)(l) and 104(b)(3) and inserting section 104(b)(2).

1106.

National highway performance program

(a)

In general

Section 119 of title 23, United States Code, is amended to read as follows:

119.

National highway performance program

(a)

Establishment

The Secretary shall establish and implement a national highway performance program under this section.

(b)

Purposes

The purposes of the national highway performance program shall be—

(1)

to provide support for the condition and performance of the National Highway System;

(2)

to provide support for the construction of new facilities on the National Highway System; and

(3)

to ensure that investments of Federal-aid funds in highway construction are directed to support progress toward the achievement of performance targets established in an asset management plan of a State for the National Highway System.

(c)

Eligible facilities

Except as provided in subsection (d), to be eligible for funding apportioned under section 104(b)(1) to carry out this section, a facility shall be located on the National Highway System, as defined in section 103.

(d)

Eligible projects

Funds apportioned to a State to carry out the national highway performance program may be obligated only for a project on an eligible facility that is—

(1)
(A)

a project or part of a program of projects supporting progress toward the achievement of national performance goals for improving infrastructure condition, safety, mobility, or freight movement on the National Highway System; and

(B)

consistent with sections 134 and 135; and

(2)

for 1 or more of the following purposes:

(A)

Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the National Highway System.

(B)

Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) of bridges on the National Highway System.

(C)

Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including impact protection measures, security countermeasures, and protection against extreme events) of tunnels on the National Highway System.

(D)

Inspection and evaluation, as described in section 144, of bridges and tunnels on the National Highway System, and inspection and evaluation of other highway infrastructure assets on the National Highway System, including signs and sign structures, earth retaining walls, and drainage structures.

(E)

Training of bridge and tunnel inspectors, as described in section 144.

(F)

Construction, rehabilitation, or replacement of existing ferry boats and ferry boat facilities, including approaches, that connect road segments of the National Highway System.

(G)

Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational improvements for, a Federal-aid highway not on the National Highway System, and construction of a transit project eligible for assistance under chapter 53 of title 49, if—

(i)

the highway project or transit project is in the same corridor as, and in proximity to, a fully access-controlled highway designated as a part of the National Highway System;

(ii)

the construction or improvements will reduce delays or produce travel time savings on the fully access-controlled highway described in clause (i) and improve regional traffic flow; and

(iii)

the construction or improvements are more cost-effective, as determined by benefit-cost analysis, than an improvement to the fully access-controlled highway described in clause (i).

(H)

Bicycle transportation and pedestrian walkways in accordance with section 217.

(I)

Highway safety improvements for segments of the National Highway System.

(J)

Capital and operating costs for traffic and traveler information monitoring, management, and control facilities and programs.

(K)

Development and implementation of a State asset management plan for the National Highway System in accordance with this section, including data collection, maintenance, and integration and the cost associated with obtaining, updating, and licensing software and equipment required for risk-based asset management and performance-based management.

(L)

Infrastructure-based intelligent transportation systems capital improvements.

(M)

Environmental restoration and pollution abatement in accordance with section 328.

(N)

Control of noxious weeds and aquatic noxious weeds and establishment of native species in accordance with section 329.

(O)

Environmental mitigation efforts related to projects funded under this section, as described in subsection (g).

(P)

Construction of publicly owned intracity or intercity bus terminals servicing the National Highway System.

(e)

State performance management

(1)

In general

A State shall develop a risk-based asset management plan for the National Highway System to improve or preserve the condition of the assets and the performance of the system.

(2)

Performance driven plan

A State asset management plan shall include strategies leading to a program of projects that would make progress toward achievement of the State targets for asset condition and performance of the National Highway System in accordance with section 150(d) and supporting the progress toward the achievement of the national goals identified in section 150(b).

(3)

Scope

In developing a risk-based asset management plan, the Secretary shall encourage States to include all infrastructure assets within the right-of-way corridor in such plan.

(4)

Plan contents

A State asset management plan shall, at a minimum, be in a form that the Secretary determines to be appropriate and include—

(A)

a summary listing of the pavement and bridge assets on the National Highway System in the State, including a description of the condition of those assets;

(B)

asset management objectives and measures;

(C)

performance gap identification;

(D)

lifecycle cost and risk management analysis;

(E)

a financial plan; and

(F)

investment strategies.

(5)

Requirement for plan

Notwithstanding section 120, with respect to the second fiscal year beginning after the date of establishment of the process established in paragraph (8) or any subsequent fiscal year, if the Secretary determines that a State has not developed and implemented a State asset management plan consistent with this section, the Federal share payable on account of any project or activity carried out by the State in that fiscal year under this section shall be 65 percent.

(6)

Certification of plan development process

(A)

In general

Not later than 90 days after the date on which a State submits a request for approval of the process used by the State to develop the State asset management plan for the National Highway System, the Secretary shall—

(i)

review the process; and

(ii)
(I)

certify that the process meets the requirements established by the Secretary; or

(II)

deny certification and specify actions necessary for the State to take to correct deficiencies in the State process.

(B)

Recertification

Not less frequently than once every 4 years, the Secretary shall review and recertify that the process used by a State to develop and maintain the State asset management plan for the National Highway System meets the requirements for the process, as established by the Secretary.

(C)

Opportunity to cure

If the Secretary denies certification under subparagraph (A), the Secretary shall provide the State with—

(i)

not less than 90 days to cure the deficiencies of the plan, during which time period all penalties and other legal impacts of a denial of certification shall be stayed; and

(ii)

a written statement of the specific actions the Secretary determines to be necessary for the State to cure the plan.

(7)

Performance achievement

A State that does not achieve or make significant progress toward achieving the targets of the State for performance measures described in section 150(d) for the National Highway System for 2 consecutive reports submitted under this paragraph shall include in the next report submitted a description of the actions the State will undertake to achieve the targets.

(8)

Process

Not later than 18 months after the date of enactment of the MAP–21, the Secretary shall, by regulation and in consultation with State departments of transportation, establish the process to develop the State asset management plan described in paragraph (1).

(f)

Interstate system and NHS bridge conditions

(1)

Condition of Interstate system

(A)

Penalty

If, during 2 consecutive reporting periods, the condition of the Interstate System, excluding bridges on the Interstate System, in a State falls below the minimum condition level established by the Secretary under section 150(c)(3), the State shall be required, during the following fiscal year—

(i)

to obligate, from the amounts apportioned to the State under section 104(b)(1), an amount that is not less than the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21), except that for each year after fiscal year 2013, the amount required to be obligated under this clause shall be increased by 2 percent over the amount required to be obligated in the previous fiscal year; and

(ii)

to transfer, from the amounts apportioned to the State under section 104(b)(2) (other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d)) to the apportionment of the State under section 104(b)(1), an amount equal to 10 percent of the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21).

(B)

Restoration

The obligation requirement for the Interstate System in a State required by subparagraph (A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as the condition of the Interstate System in the State exceeds the minimum condition level established by the Secretary.

(2)

Condition of NHS bridges

(A)

Penalty

If the Secretary determines that, for the 3-year-period preceding the date of the determination, more than 10 percent of the total deck area of bridges in the State on the National Highway System is located on bridges that have been classified as structurally deficient, an amount equal to 50 percent of funds apportioned to such State for fiscal year 2009 to carry out section 144 (as in effect the day before enactment of MAP–21) shall be set aside from amounts apportioned to a State for a fiscal year under section 104(b)(1) only for eligible projects on bridges on the National Highway System.

(B)

Restoration

The set-aside requirement for bridges on the National Highway System in a State under subparagraph (A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as less than 10 percent of the total deck area of bridges in the State on the National Highway System is located on bridges that have been classified as structurally deficient, as determined by the Secretary.

(g)

Environmental mitigation

(1)

Eligible activities

In accordance with all applicable Federal law (including regulations), environmental mitigation efforts referred to in subsection (d)(2)(O) include participation in natural habitat and wetlands mitigation efforts relating to projects funded under this title, which may include—

(A)

participation in mitigation banking or other third-party mitigation arrangements, such as—

(i)

the purchase of credits from commercial mitigation banks;

(ii)

the establishment and management of agency-sponsored mitigation banks; and

(iii)

the purchase of credits or establishment of in-lieu fee mitigation programs;

(B)

contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands; and

(C)

the development of statewide and regional environmental protection plans, including natural habitat and wetland conservation and restoration plans.

(2)

Inclusion of other activities

The banks, efforts, and plans described in paragraph (1) include any such banks, efforts, and plans developed in accordance with applicable law (including regulations).

(3)

Terms and conditions

The following terms and conditions apply to natural habitat and wetlands mitigation efforts under this subsection:

(A)

Contributions to the mitigation effort may—

(i)

take place concurrent with, or in advance of, commitment of funding under this title to a project or projects; and

(ii)

occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State transportation planning processes.

(B)

Credits from any agency-sponsored mitigation bank that are attributable to funding under this section may be used only for projects funded under this title, unless the agency pays to the Secretary an amount equal to the Federal funds attributable to the mitigation bank credits the agency uses for purposes other than mitigation of a project funded under this title.

(4)

Preference

At the discretion of the project sponsor, preference shall be given, to the maximum extent practicable, to mitigating an environmental impact through the use of a mitigation bank, in-lieu fee, or other third-party mitigation arrangement, if the use of credits from the mitigation bank or in-lieu fee, or the other third-party mitigation arrangement for the project, is approved by the applicable Federal agency.

.

(b)

Transition period

(1)

In general

Except as provided in paragraph (2), until such date as a State has in effect an approved asset management plan and has established performance targets as described in sections 119 and 150 of title 23, United States Code, that will contribute to achieving the national goals for the condition and performance of the National Highway System, but not later than 18 months after the date on which the Secretary promulgates the final regulation required under section 150(c) of that title, the Secretary shall approve obligations of funds apportioned to a State to carry out the national highway performance program under section 119 of that title, for projects that otherwise meet the requirements of that section.

(2)

Extension

The Secretary may extend the transition period for a State under paragraph (1) if the Secretary determines that the State has made a good faith effort to establish an asset management plan and performance targets referred to in that paragraph.

(c)

Conforming amendment

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 119 and inserting the following:

119. National highway performance program.

.

1107.

Emergency relief

Section 125 of title 23, United States Code, is amended to read as follows:

125.

Emergency relief

(a)

In general

Subject to this section and section 120, an emergency fund is authorized for expenditure by the Secretary for the repair or reconstruction of highways, roads, and trails, in any area of the United States, including Indian reservations, that the Secretary finds have suffered serious damage as a result of—

(1)

a natural disaster over a wide area, such as by a flood, hurricane, tidal wave, earthquake, severe storm, or landslide; or

(2)

catastrophic failure from any external cause.

(b)

Restriction on eligibility

(1)

Definition of construction phase

In this subsection, the term construction phase means the phase of physical construction of a highway or bridge facility that is separate from any other identified phases, such as planning, design, or right-of-way phases, in the State transportation improvement program.

(2)

Restriction

In no case shall funds be used under this section for the repair or reconstruction of a bridge—

(A)

that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration; or

(B)

if a construction phase of a replacement structure is included in the approved Statewide transportation improvement program at the time of an event described in subsection (a).

(c)

Funding

(1)

In general

Subject to the limitations described in paragraph (2), there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to establish the fund authorized by this section and to replenish that fund on an annual basis.

(2)

Limitations

The limitations referred to in paragraph (1) are that—

(A)

not more than $100,000,000 is authorized to be obligated in any 1 fiscal year commencing after September 30, 1980, to carry out this section, except that, if for any fiscal year the total of all obligations under this section is less than the amount authorized to be obligated for the fiscal year, the unobligated balance of that amount shall—

(i)

remain available until expended; and

(ii)

be in addition to amounts otherwise available to carry out this section for each year; and

(B)
(i)

pending such appropriation or replenishment, the Secretary may obligate from any funds appropriated at any time for obligation in accordance with this title, including existing Federal-aid appropriations, such sums as are necessary for the immediate prosecution of the work herein authorized; and

(ii)

funds obligated under this subparagraph shall be reimbursed from the appropriation or replenishment.

(d)

Eligibility

(1)

In general

The Secretary may expend funds from the emergency fund authorized by this section only for the repair or reconstruction of highways on Federal-aid highways in accordance with this chapter, except that—

(A)

no funds shall be so expended unless an emergency has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for which concurrence of the Secretary is not required; and

(B)

the Secretary has received an application from the State transportation department that includes a comprehensive list of all eligible project sites and repair costs by not later than 2 years after the natural disaster or catastrophic failure.

(2)

Cost limitation

(A)

Definition of comparable facility

In this paragraph, the term comparable facility means a facility that meets the current geometric and construction standards required for the types and volume of traffic that the facility will carry over its design life.

(B)

Limitation

The total cost of a project funded under this section may not exceed the cost of repair or reconstruction of a comparable facility.

(3)

Debris removal

The costs of debris removal shall be an eligible expense under this section only for—

(A)

an event not declared a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or

(B)

an event declared a major disaster or emergency by the President under that Act if the debris removal is not eligible for assistance under section 403, 407, or 502 of that Act (42 U.S.C. 5170b, 5173, 5192).

(4)

Territories

The total obligations for projects under this section for any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000.

(5)

Substitute traffic

Notwithstanding any other provision of this section, actual and necessary costs of maintenance and operation of ferryboats or additional transit service providing temporary substitute highway traffic service, less the amount of fares charged for comparable service, may be expended from the emergency fund authorized by this section for Federal-aid highways.

(e)

Tribal transportation facilities, Federal lands transportation facilities, and public roads on federal lands

(1)

Definition of open to public travel

In this subsection, the term open to public travel means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road is open to the general public for use with a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration.

(2)

Expenditure of funds

Notwithstanding subsection (d)(1), the Secretary may expend funds from the emergency fund authorized by this section, independently or in cooperation with any other branch of the Federal Government, a State agency, a tribal government, an organization, or a person, for the repair or reconstruction of tribal transportation facilities, Federal lands transportation facilities, and other federally owned roads that are open to public travel, whether or not those facilities are Federal-aid highways.

(3)

Reimbursement

(A)

In general

The Secretary may reimburse Federal and State agencies (including political subdivisions) for expenditures made for projects determined eligible under this section, including expenditures for emergency repairs made before a determination of eligibility.

(B)

Transfers

With respect to reimbursements described in subparagraph (A)—

(i)

those reimbursements to Federal agencies and Indian tribal governments shall be transferred to the account from which the expenditure was made, or to a similar account that remains available for obligation; and

(ii)

the budget authority associated with the expenditure shall be restored to the agency from which the authority was derived and shall be available for obligation until the end of the fiscal year following the year in which the transfer occurs.

(f)

Treatment of territories

For purposes of this section, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be considered to be States and parts of the United States, and the chief executive officer of each such territory shall be considered to be a Governor of a State.

(g)

Protecting public safety and maintaining roadways

The Secretary may use not more than 5 percent of amounts from the emergency fund authorized by this section to carry out projects that the Secretary determines are necessary to protect the public safety or to maintain or protect roadways that are included within the scope of an emergency declaration by the Governor of the State or by the President, in accordance with this section, and the Governor deems to be an ongoing concern in order to maintain vehicular traffic on the roadway.

.

1108.

Surface transportation program

(a)

Eligible Projects

Section 133(b) of title 23, United States Code, is amended—

(1)

in the matter preceding paragraph (1) by striking section 104(b)(3) and inserting section 104(b)(2);

(2)

by striking paragraph (1);

(3)

by redesignating paragraphs (2) through (15) as paragraphs (5) through (18), respectively;

(4)

by inserting before paragraph (5) (as so redesignated) the following:

(1)

Construction, reconstruction, rehabilitation, resurfacing, restoration, preservation, or operational improvements for highways, including construction of designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40.

(2)

Replacement (including replacement with fill material), rehabilitation, preservation, protection (including painting, scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) and application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing compositions for bridges (and approaches to bridges and other elevated structures) and tunnels on public roads of all functional classifications, including any such construction or reconstruction necessary to accommodate other transportation modes.

(3)

Construction of a new bridge or tunnel at a new location on a Federal-aid highway.

(4)

Inspection and evaluation of bridges and tunnels and training of bridge and tunnel inspectors (as defined in section 144), and inspection and evaluation of other highway assets (including signs, retaining walls, and drainage structures).

;

(5)

by striking paragraph (6) (as so redesignated) and inserting the following:

(6)

Carpool projects, fringe and corridor parking facilities and programs, including electric vehicle and natural gas vehicle infrastructure in accordance with section 137, bicycle transportation and pedestrian walkways in accordance with section 217, and the modifications of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

;

(6)

by striking paragraph (7) (as so redesignated) and inserting the following:

(7)

Highway and transit safety infrastructure improvements and programs, installation of safety barriers and nets on bridges, hazard eliminations, projects to mitigate hazards caused by wildlife, and railway-highway grade crossings.

;

(7)

in paragraph (11) (as so redesignated) by striking enhancement activities and inserting alternatives;

(8)

by striking paragraph (14) (as so redesignated) and inserting the following:

(14)

Environmental mitigation efforts relating to projects funded under this title in the same manner and to the same extent as such activities are eligible under section 119(g).

; and

(9)

by inserting after paragraph (18) (as so redesignated) the following:

(19)

Projects and strategies designed to support congestion pricing, including electric toll collection and travel demand management strategies and programs.

(20)

Recreational trails projects eligible for funding under section 206.

(21)

Construction of ferry boats and ferry terminal facilities eligible for funding under section 129(c).

(22)

Border infrastructure projects eligible for funding under section 1303 of the SAFETEA–LU (23 U.S.C. 101 note; Public Law 109–59).

(23)

Truck parking facilities eligible for funding under section 1401 of the MAP–21.

(24)

Development and implementation of a State asset management plan for the National Highway System in accordance with section 119, including data collection, maintenance, and integration and the costs associated with obtaining, updating, and licensing software and equipment required for risk based asset management and performance based management, and for similar activities related to the development and implementation of a performance based management program for other public roads.

(25)

A project that, if located within the boundaries of a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate direct intermodal interchange, transfer, and access into and out of the port.

(26)

Construction and operational improvements for any minor collector if—

(A)

the minor collector, and the project to be carried out with respect to the minor collector, are in the same corridor as, and in proximity to, a Federal-aid highway designated as part of the National Highway System;

(B)

the construction or improvements will enhance the level of service on the Federal-aid highway described in subparagraph (A) and improve regional traffic flow; and

(C)

the construction or improvements are more cost-effective, as determined by a benefit-cost analysis, than an improvement to the Federal-aid highway described in subparagraph (A).

.

(b)

Location of Projects

Section 133 of title 23, United States Code, is amended by striking subsection (c) and inserting the following:

(c)

Location of projects

Surface transportation program projects may not be undertaken on roads functionally classified as local or rural minor collectors unless the roads were on a Federal-aid highway system on January 1, 1991, except—

(1)

as provided in subsection (g);

(2)

for projects described in paragraphs (2), (4), (6), (7), (11), (20), (25), and (26) of subsection (b); and

(3)

as approved by the Secretary.

.

(c)

Allocation of apportioned funds

Section 133 of the title 23, United States Code, is amended by striking subsection (d) and inserting the following:

(d)

Allocations of apportioned funds to areas based on population

(1)

Calculation

Of the funds apportioned to a State under section 104(b)(2)—

(A)

50 percent for a fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State—

(i)

in urbanized areas of the State with an urbanized area population of over 200,000;

(ii)

in areas of the State other than urban areas with a population greater than 5,000; and

(iii)

in other areas of the State; and

(B)

50 percent may be obligated in any area of the State.

(2)

Metropolitan areas

Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area.

(3)

Consultation with regional transportation planning organizations

For purposes of paragraph (1)(A)(ii), before obligating funding attributed to an area with a population greater than 5,000 and less than 200,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.

(4)

Distribution among urbanized areas of over 200,000 population

(A)

In general

Except as provided in subparagraph (B), the amount of funds that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas.

(B)

Other factors

The State may obligate the funds described in subparagraph (A) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request.

(5)

Applicability of planning requirements

Programming and expenditure of funds for projects under this section shall be consistent with sections 134 and 135.

.

(d)

Administration

Section 133 of title 23, United States Code, is amended by striking subsection (e) and inserting the following:

(e)

Administration

(1)

Submission of project agreement

For each fiscal year, each State shall submit a project agreement that—

(A)

certifies that the State will meet all the requirements of this section; and

(B)

notifies the Secretary of the amount of obligations needed to carry out the program under this section.

(2)

Request for adjustments of amounts

Each State shall request from the Secretary such adjustments to the amount of obligations referred to in paragraph (1)(B) as the State determines to be necessary.

(3)

Effect of approval by the Secretary

Approval by the Secretary of a project agreement under paragraph (1) shall be deemed a contractual obligation of the United States to pay surface transportation program funds made available under this title.

.

(e)

Obligation Authority

Section 133(f)(1) of title 23, United States Code, is amended by striking 2004 through 2006 and the period of fiscal years 2007 through 2009 and inserting 2011 through 2014.

(f)

Bridges not on Federal-aid highways

Section 133 of the title 23, United States Code, is amended by adding at the end the following:

(g)

Bridges not on federal-aid highways

(1)

Definition of off-system bridge

In this subsection, the term off-system bridge means a highway bridge located on a public road, other than a bridge on a Federal-aid highway.

(2)

Special rule

(A)

Set-aside

Of the amounts apportioned to a State for fiscal year 2013 and each fiscal year thereafter under this section, the State shall obligate for activities described in subsection (b)(2) for off-system bridges an amount that is not less than 15 percent of the amount of funds apportioned to the State for the highway bridge program for fiscal year 2009, except that amounts allocated under subsection (d) shall not be obligated to carry out this subsection.

(B)

Reduction of expenditures

The Secretary, after consultation with State and local officials, may reduce the requirement for expenditures for off-system bridges under subparagraph (A) with respect to the State if the Secretary determines that the State has inadequate needs to justify the expenditure.

(3)

Credit for bridges not on Federal-aid highways

Notwithstanding any other provision of law, with respect to any project not on a Federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is wholly funded from State and local sources, is eligible for Federal funds under this section, is noncontroversial, is certified by the State to have been carried out in accordance with all standards applicable to such projects under this section, and is determined by the Secretary upon completion to be no longer a deficient bridge—

(A)

any amount expended after the date of enactment of this subsection from State and local sources for the project in excess of 20 percent of the cost of construction of the project may be credited to the non-Federal share of the cost of other bridge projects in the State that are eligible for Federal funds under this section; and

(B)

that crediting shall be conducted in accordance with procedures established by the Secretary.

(h)

Special rule for areas of Less Than 5,000 Population

(1)

Special rule

Notwithstanding subsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under subsection (d)(1)(A)(iii) for each of fiscal years 2013 through 2014 may be obligated on roads functionally classified as minor collectors.

(2)

Suspension

The Secretary may suspend the application of paragraph (1) with respect to a State if the Secretary determines that the authority provided under paragraph (1) is being used excessively by the State.

.

1109.

Workforce development

(a)

On-the-job training

Section 140(b) of title 23, United States Code, is amended—

(1)

in the second sentence, by striking Whenever apportionments are made under section 104(b)(3) of this title, and inserting From administrative funds made available under section 104(a),; and

(2)

in the fourth sentence, by striking and the bridge program under section 144.

(b)

Disadvantaged business enterprise

Section 140(c) of title 23, United States Code, is amended in the second sentence by striking Whenever apportionments are made under section 104(b)(3), and inserting From administrative funds made available under section 104(a),.

1110.

Highway use tax evasion projects

Section 143 of title 23, United States Code, is amended—

(1)

in subsection (b)—

(A)

by striking paragraph (2) and inserting the following:

(2)

Funding

(A)

In general

From administrative funds made available under section 104(a), the Secretary shall deduct such sums as are necessary, not to exceed $10,000,000 for each of fiscal years 2013 and 2014, to carry out this section.

(B)

Allocation of funds

Funds made available to carry out this section may be allocated to the Internal Revenue Service and the States at the discretion of the Secretary, except that of funds so made available for each fiscal year, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training.

; and

(B)

in paragraph (8) by striking section 104(b)(3) and inserting section 104(b)(2); and

(2)

in subsection (c)(3) by striking for each of fiscal years 2005 through 2009, and inserting for each fiscal year,.

1111.

National bridge and tunnel inventory and inspection standards

(a)

In general

Section 144 of title 23, United States Code, is amended to read as follows:

144.

National bridge and tunnel inventory and inspection standards

(a)

Findings and declarations

(1)

Findings

Congress finds that—

(A)

the condition of the bridges of the United States has improved since the date of enactment of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 107), yet continued improvement to bridge conditions is essential to protect the safety of the traveling public and allow for the efficient movement of people and goods on which the economy of the United States relies; and

(B)

the systematic preventative maintenance of bridges, and replacement and rehabilitation of deficient bridges, should be undertaken through an overall asset management approach to transportation investment.

(2)

Declarations

Congress declares that it is in the vital interest of the United States—

(A)

to inventory, inspect, and improve the condition of the highway bridges and tunnels of the United States;

(B)

to use a data-driven, risk-based approach and cost-effective strategy for systematic preventative maintenance, replacement, and rehabilitation of highway bridges and tunnels to ensure safety and extended service life;

(C)

to use performance-based bridge management systems to assist States in making timely investments;

(D)

to ensure accountability and link performance outcomes to investment decisions; and

(E)

to ensure connectivity and access for residents of rural areas of the United States through strategic investments in National Highway System bridges and bridges on all public roads.

(b)

National bridge and tunnel inventories

The Secretary, in consultation with the States and Federal agencies with jurisdiction over highway bridges and tunnels, shall—

(1)

inventory all highway bridges on public roads, on and off Federal-aid highways, including tribally owned and Federally owned bridges, that are bridges over waterways, other topographical barriers, other highways, and railroads;

(2)

inventory all tunnels on public roads, on and off Federal-aid highways, including tribally owned and Federally owned tunnels;

(3)

classify the bridges according to serviceability, safety, and essentiality for public use, including the potential impacts to emergency evacuation routes and to regional and national freight and passenger mobility if the serviceability of the bridge is restricted or diminished;

(4)

based on that classification, assign each a risk-based priority for systematic preventative maintenance, replacement, or rehabilitation; and

(5)

determine the cost of replacing each structurally deficient bridge identified under this subsection with a comparable facility or the cost of rehabilitating the bridge.

(c)

General bridge authority

(1)

In general

Except as provided in paragraph (2) and notwithstanding any other provision of law, the General Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall apply to bridges authorized to be replaced, in whole or in part, by this title.

(2)

Exception

Section 502(b) of the General Bridge Act of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 3, 1899 (33 U.S.C. 401), shall not apply to any bridge constructed, reconstructed, rehabilitated, or replaced with assistance under this title, if the bridge is over waters that—

(A)

are not used and are not susceptible to use in the natural condition of the bridge or by reasonable improvement as a means to transport interstate or foreign commerce; and

(B)

are—

(i)

not tidal; or

(ii)

if tidal, used only by recreational boating, fishing, and other small vessels that are less than 21 feet in length.

(d)

Inventory updates and reports

(1)

In general

The Secretary shall—

(A)

annually revise the inventories authorized by subsection (b); and

(B)

submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the inventories.

(2)

Inspection report

Not later than 2 years after the date of enactment of the MAP–21, each State and appropriate Federal agency shall report element level data to the Secretary, as each bridge is inspected pursuant to this section, for all highway bridges on the National Highway System.

(3)

Guidance

The Secretary shall provide guidance to States and Federal agencies for implementation of this subsection, while respecting the existing inspection schedule of each State.

(4)

Bridges not on national highway system

The Secretary shall—

(A)

conduct a study on the benefits, cost-effectiveness, and feasibility of requiring element-level data collection for bridges not on the National Highway System; and

(B)

submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study.

(e)

Bridges without taxing powers

(1)

In general

Notwithstanding any other provision of law, any bridge that is owned and operated by an agency that does not have taxing powers and whose functions include operating a federally assisted public transit system subsidized by toll revenues shall be eligible for assistance under this title, but the amount of such assistance shall in no event exceed the cumulative amount which such agency has expended for capital and operating costs to subsidize such transit system.

(2)

Insufficient assets

Before authorizing an expenditure of funds under this subsection, the Secretary shall determine that the applicant agency has insufficient reserves, surpluses, and projected revenues (over and above those required for bridge and transit capital and operating costs) to fund the bridge project or activity eligible for assistance under this title.

(3)

Crediting of non-federal funds

Any non-Federal funds expended for the seismic retrofit of the bridge may be credited toward the non-Federal share required as a condition of receipt of any Federal funds for seismic retrofit of the bridge made available after the date of the expenditure.

(f)

Replacement of destroyed bridges and ferry boat service

(1)

In general

Notwithstanding any other provision of law, a State may use the funds apportioned under section 104(b)(2) to construct any bridge that replaces—

(A)

any low water crossing (regardless of the length of the low water crossing);

(B)

any bridge that was destroyed prior to January 1, 1965;

(C)

any ferry that was in existence on January 1, 1984; or

(D)

any road bridge that is rendered obsolete as a result of a Corps of Engineers flood control or channelization project and is not rebuilt with funds from the Corps of Engineers.

(2)

Federal share

The Federal share payable on any bridge construction carried out under paragraph (1) shall be 80 percent of the cost of the construction.

(g)

Historic bridges

(1)

Definition of historic bridge

In this subsection, the term historic bridge means any bridge that is listed on, or eligible for listing on, the National Register of Historic Places.

(2)

Coordination

The Secretary shall, in cooperation with the States, encourage the retention, rehabilitation, adaptive reuse, and future study of historic bridges.

(3)

State inventory

The Secretary shall require each State to complete an inventory of all bridges on and off Federal-aid highways to determine the historic significance of the bridges.

(4)

Eligibility

(A)

In general

Subject to subparagraph (B), reasonable costs associated with actions to preserve, or reduce the impact of a project under this chapter on, the historic integrity of a historic bridge shall be eligible as reimbursable project costs under section 133 if the load capacity and safety features of the historic bridge are adequate to serve the intended use for the life of the historic bridge.

(B)

Bridges not used for vehicle traffic

In the case of a historic bridge that is no longer used for motorized vehicular traffic, the costs eligible as reimbursable project costs pursuant to this chapter shall not exceed the estimated cost of demolition of the historic bridge.

(5)

Preservation

Any State that proposes to demolish a historic bridge for a replacement project with funds made available to carry out this section shall first make the historic bridge available for donation to a State, locality, or responsible private entity if the State, locality, or responsible entity enters into an agreement—

(A)

to maintain the bridge and the features that give the historic bridge its historic significance; and

(B)

to assume all future legal and financial responsibility for the historic bridge, which may include an agreement to hold the State transportation department harmless in any liability action.

(6)

Costs incurred

(A)

In general

Costs incurred by the State to preserve a historic bridge (including funds made available to the State, locality, or private entity to enable it to accept the bridge) shall be eligible as reimbursable project costs under this chapter in an amount not to exceed the cost of demolition.

(B)

Additional funding

Any bridge preserved pursuant to this paragraph shall not be eligible for any other funds authorized pursuant to this title.

(h)

National bridge and tunnel inspection standards

(1)

Requirement

(A)

In general

The Secretary shall establish and maintain inspection standards for the proper inspection and evaluation of all highway bridges and tunnels for safety and serviceability.

(B)

Uniformity

The standards under this subsection shall be designed to ensure uniformity of the inspections and evaluations.

(2)

Minimum requirements of inspection standards

The standards established under paragraph (1) shall, at a minimum—

(A)

specify, in detail, the method by which the inspections shall be carried out by the States, Federal agencies, and tribal governments;

(B)

establish the maximum time period between inspections;

(C)

establish the qualifications for those charged with carrying out the inspections;

(D)

require each State, Federal agency, and tribal government to maintain and make available to the Secretary on request—

(i)

written reports on the results of highway bridge and tunnel inspections and notations of any action taken pursuant to the findings of the inspections; and

(ii)

current inventory data for all highway bridges and tunnels reflecting the findings of the most recent highway bridge and tunnel inspections conducted; and

(E)

establish a procedure for national certification of highway bridge inspectors and tunnel inspectors.

(3)

State compliance with inspection standards

The Secretary shall, at a minimum—

(A)

establish, in consultation with the States, Federal agencies, and interested and knowledgeable private organizations and individuals, procedures to conduct reviews of State compliance with—

(i)

the standards established under this subsection; and

(ii)

the calculation or reevaluation of bridge load ratings; and

(B)

establish, in consultation with the States, Federal agencies, and interested and knowledgeable private organizations and individuals, procedures for States to follow in reporting to the Secretary—

(i)

critical findings relating to structural or safety-related deficiencies of highway bridges and tunnels; and

(ii)

monitoring activities and corrective actions taken in response to a critical finding described in clause (i).

(4)

Reviews of state compliance

(A)

In general

The Secretary shall annually review State compliance with the standards established under this section.

(B)

Noncompliance

If an annual review in accordance with subparagraph (A) identifies noncompliance by a State, the Secretary shall—

(i)

issue a report detailing the issues of the noncompliance by December 31 of the calendar year in which the review was made; and

(ii)

provide the State an opportunity to address the noncompliance by—

(I)

developing a corrective action plan to remedy the noncompliance; or

(II)

resolving the issues of noncompliance not later than 45 days after the date of notification.

(5)

Penalty for noncompliance

(A)

In general

If a State fails to satisfy the requirements of paragraph (4)(B) by August 1 of the calendar year following the year of a finding of noncompliance, the Secretary shall, on October 1 of that year, and each year thereafter as may be necessary, require the State to dedicate funds apportioned to the State under sections 119 and 133 after the date of enactment of the MAP–21 to correct the noncompliance with the minimum inspection standards established under this subsection.

(B)

Amount

The amount of the funds to be directed to correcting noncompliance in accordance with subparagraph (A) shall—

(i)

be determined by the State based on an analysis of the actions needed to address the noncompliance; and

(ii)

require approval by the Secretary.

(6)

Update of standards

Not later than 3 years after the date of enactment of the MAP–21, the Secretary shall update inspection standards to cover—

(A)

the methodology, training, and qualifications for inspectors; and

(B)

the frequency of inspection.

(7)

Risk-based approach

In carrying out the revisions required by paragraph (6), the Secretary shall consider a risk-based approach to determining the frequency of bridge inspections.

(i)

Training program for bridge and tunnel inspectors

(1)

In general

The Secretary, in cooperation with the State transportation departments, shall maintain a program designed to train appropriate personnel to carry out highway bridge and tunnel inspections.

(2)

Revisions

The training program shall be revised from time to time to take into account new and improved techniques.

(j)

Availability of funds

In carrying out this section—

(1)

the Secretary may use funds made available to the Secretary under sections 104(a) and 503;

(2)

a State may use amounts apportioned to the State under section 104(b)(1) and 104(b)(3);

(3)

an Indian tribe may use funds made available to the Indian tribe under section 202; and

(4)

a Federal agency may use funds made available to the agency under section 503.

.

(b)

Conforming amendment

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 144 and inserting the following:

144. National bridge and tunnel inventory and inspection standards.

.

1112.

Highway safety improvement program

(a)

In general

Section 148 of title 23, United States Code, is amended to read as follows:

148.

Highway safety improvement program

(a)

Definitions

In this section, the following definitions apply:

(1)

High risk rural road

The term high risk rural road means any roadway functionally classified as a rural major or minor collector or a rural local road with significant safety risks, as defined by a State in accordance with an updated State strategic highway safety plan.

(2)

Highway basemap

The term highway basemap means a representation of all public roads that can be used to geolocate attribute data on a roadway.

(3)

Highway safety improvement program

The term highway safety improvement program means projects, activities, plans, and reports carried out under this section.

(4)

Highway safety improvement project

(A)

In general

The term highway safety improvement project means strategies, activities, and projects on a public road that are consistent with a State strategic highway safety plan and—

(i)

correct or improve a hazardous road location or feature; or

(ii)

address a highway safety problem.

(B)

Inclusions

The term highway safety improvement project includes, but is not limited to, a project for 1 or more of the following:

(i)

An intersection safety improvement.

(ii)

Pavement and shoulder widening (including addition of a passing lane to remedy an unsafe condition).

(iii)

Installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians, including persons with disabilities.

(iv)

Installation of a skid-resistant surface at an intersection or other location with a high frequency of crashes.

(v)

An improvement for pedestrian or bicyclist safety or safety of persons with disabilities.

(vi)

Construction and improvement of a railway-highway grade crossing safety feature, including installation of protective devices.

(vii)

The conduct of a model traffic enforcement activity at a railway-highway crossing.

(viii)

Construction of a traffic calming feature.

(ix)

Elimination of a roadside hazard.

(x)

Installation, replacement, and other improvement of highway signage and pavement markings, or a project to maintain minimum levels of retroreflectivity, that addresses a highway safety problem consistent with a State strategic highway safety plan.

(xi)

Installation of a priority control system for emergency vehicles at signalized intersections.

(xii)

Installation of a traffic control or other warning device at a location with high crash potential.

(xiii)

Transportation safety planning.

(xiv)

Collection, analysis, and improvement of safety data.

(xv)

Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities (including police assistance) relating to work zone safety.

(xvi)

Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of road users and workers), and crash attenuators.

(xvii)

The addition or retrofitting of structures or other measures to eliminate or reduce crashes involving vehicles and wildlife.

(xviii)

Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school zones.

(xix)

Construction and operational improvements on high risk rural roads.

(xx)

Geometric improvements to a road for safety purposes that improve safety.

(xxi)

A road safety audit.

(xxii)

Roadway safety infrastructure improvements consistent with the recommendations included in the publication of the Federal Highway Administration entitled Highway Design Handbook for Older Drivers and Pedestrians (FHWA–RD–01–103), dated May 2001 or as subsequently revised and updated.

(xxiii)

Truck parking facilities eligible for funding under section 1401 of the MAP–21.

(xxiv)

Systemic safety improvements.

(5)

Model inventory of roadway elements

The term model inventory of roadway elements means the listing and standardized coding by the Federal Highway Administration of roadway and traffic data elements critical to safety management, analysis, and decisionmaking.

(6)

Project to maintain minimum levels of retroreflectivity

The term project to maintain minimum levels of retroreflectivity means a project that is designed to maintain a highway sign or pavement marking retroreflectivity at or above the minimum levels prescribed in Federal or State regulations.

(7)

Road safety audit

The term road safety audit means a formal safety performance examination of an existing or future road or intersection by an independent multidisciplinary audit team.

(8)

Road users

The term road user means a motorist, passenger, public transportation operator or user, truck driver, bicyclist, motorcyclist, or pedestrian, including a person with disabilities.

(9)

Safety data

(A)

In general

The term safety data means crash, roadway, and traffic data on a public road.

(B)

Inclusion

The term safety data includes, in the case of a railway-highway grade crossing, the characteristics of highway and train traffic, licensing, and vehicle data.

(10)

Safety project under any other section

(A)

In general

The term safety project under any other section means a project carried out for the purpose of safety under any other section of this title.

(B)

Inclusion

The term safety project under any other section includes—

(i)

a project consistent with the State strategic highway safety plan that promotes the awareness of the public and educates the public concerning highway safety matters (including motorcycle safety);

(ii)

a project to enforce highway safety laws; and

(iii)

a project to provide infrastructure and infrastructure-related equipment to support emergency services.

(11)

State highway safety improvement program

The term State highway safety improvement program means a program of highway safety improvement projects, activities, plans and reports carried out as part of the Statewide transportation improvement program under section 135(g).

(12)

State strategic highway safety plan

The term State strategic highway safety plan means a comprehensive plan, based on safety data, developed by a State transportation department that—

(A)

is developed after consultation with—

(i)

a highway safety representative of the Governor of the State;

(ii)

regional transportation planning organizations and metropolitan planning organizations, if any;

(iii)

representatives of major modes of transportation;

(iv)

State and local traffic enforcement officials;

(v)

a highway-rail grade crossing safety representative of the Governor of the State;

(vi)

representatives conducting a motor carrier safety program under section 31102, 31106, or 31309 of title 49;

(vii)

motor vehicle administration agencies;

(viii)

county transportation officials;

(ix)

State representatives of nonmotorized users; and

(x)

other major Federal, State, tribal, and local safety stakeholders;

(B)

analyzes and makes effective use of State, regional, local, or tribal safety data;

(C)

addresses engineering, management, operation, education, enforcement, and emergency services elements (including integrated, interoperable emergency communications) of highway safety as key factors in evaluating highway projects;

(D)

considers safety needs of, and high-fatality segments of, all public roads, including non-State-owned public roads and roads on tribal land;

(E)

considers the results of State, regional, or local transportation and highway safety planning processes;

(F)

describes a program of strategies to reduce or eliminate safety hazards;

(G)

is approved by the Governor of the State or a responsible State agency;

(H)

is consistent with section 135(g); and

(I)

is updated and submitted to the Secretary for approval as required under subsection (d)(2).

(13)

Systemic safety improvement

The term systemic safety improvement means an improvement that is widely implemented based on high-risk roadway features that are correlated with particular crash types, rather than crash frequency.

(b)

Program

(1)

In general

The Secretary shall carry out a highway safety improvement program.

(2)

Purpose

The purpose of the highway safety improvement program shall be to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land.

(c)

Eligibility

(1)

In general

To obligate funds apportioned under section 104(b)(3) to carry out this section, a State shall have in effect a State highway safety improvement program under which the State—

(A)

develops, implements, and updates a State strategic highway safety plan that identifies and analyzes highway safety problems and opportunities as provided in subsections (a)(12) and (d);

(B)

produces a program of projects or strategies to reduce identified safety problems; and

(C)

evaluates the strategic highway safety plan on a regularly recurring basis in accordance with subsection (d)(1) to ensure the accuracy of the data and priority of proposed strategies.

(2)

Identification and analysis of highway safety problems and opportunities

As part of the State highway safety improvement program, a State shall—

(A)

have in place a safety data system with the ability to perform safety problem identification and countermeasure analysis—

(i)

to improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data on all public roads, including non-State-owned public roads and roads on tribal land in the State;

(ii)

to evaluate the effectiveness of data improvement efforts;

(iii)

to link State data systems, including traffic records, with other data systems within the State;

(iv)

to improve the compatibility and interoperability of safety data with other State transportation-related data systems and the compatibility and interoperability of State safety data systems with data systems of other States and national data systems;

(v)

to enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances; and

(vi)

to improve the collection of data on nonmotorized crashes;

(B)

based on the analysis required by subparagraph (A)—

(i)

identify hazardous locations, sections, and elements (including roadside obstacles, railway-highway crossing needs, and unmarked or poorly marked roads) that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, and other highway users;

(ii)

using such criteria as the State determines to be appropriate, establish the relative severity of those locations, in terms of crashes (including crash rates), fatalities, serious injuries, traffic volume levels, and other relevant data;

(iii)

identify the number of fatalities and serious injuries on all public roads by location in the State;

(iv)

identify highway safety improvement projects on the basis of crash experience, crash potential, crash rate, or other data-supported means; and

(v)

consider which projects maximize opportunities to advance safety;

(C)

adopt strategic and performance-based goals that—

(i)

address traffic safety, including behavioral and infrastructure problems and opportunities on all public roads;

(ii)

focus resources on areas of greatest need; and

(iii)

are coordinated with other State highway safety programs;

(D)

advance the capabilities of the State for safety data collection, analysis, and integration in a manner that—

(i)

complements the State highway safety program under chapter 4 and the commercial vehicle safety plan under section 31102 of title 49;

(ii)

includes all public roads, including public non-State-owned roads and roads on tribal land;

(iii)

identifies hazardous locations, sections, and elements on all public roads that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, persons with disabilities, and other highway users;

(iv)

includes a means of identifying the relative severity of hazardous locations described in clause (iii) in terms of crashes (including crash rate), serious injuries, fatalities, and traffic volume levels; and

(v)

improves the ability of the State to identify the number of fatalities and serious injuries on all public roads in the State with a breakdown by functional classification and ownership in the State;

(E)
(i)

determine priorities for the correction of hazardous road locations, sections, and elements (including railway-highway crossing improvements), as identified through safety data analysis;

(ii)

identify opportunities for preventing the development of such hazardous conditions; and

(iii)

establish and implement a schedule of highway safety improvement projects for hazard correction and hazard prevention; and

(F)
(i)

establish an evaluation process to analyze and assess results achieved by highway safety improvement projects carried out in accordance with procedures and criteria established by this section; and

(ii)

use the information obtained under clause (i) in setting priorities for highway safety improvement projects.

(d)

Updates to strategic highway safety plans

(1)

Establishment of requirements

(A)

In general

Not later than 1 year after the date of enactment of the MAP–21, the Secretary shall establish requirements for regularly recurring State updates of strategic highway safety plans.

(B)

Contents of updated strategic highway safety plans

In establishing requirements under this subsection, the Secretary shall ensure that States take into consideration, with respect to updated strategic highway safety plans—

(i)

the findings of road safety audits;

(ii)

the locations of fatalities and serious injuries;

(iii)

the locations that do not have an empirical history of fatalities and serious injuries, but possess risk factors for potential crashes;

(iv)

rural roads, including all public roads, commensurate with fatality data;

(v)

motor vehicle crashes that include fatalities or serious injuries to pedestrians and bicyclists;

(vi)

the cost-effectiveness of improvements;

(vii)

improvements to rail-highway grade crossings; and

(viii)

safety on all public roads, including non-State-owned public roads and roads on tribal land.

(2)

Approval of updated strategic highway safety plans

(A)

In general

Each State shall—

(i)

update the strategic highway safety plans of the State in accordance with the requirements established by the Secretary under this subsection; and

(ii)

submit the updated plans to the Secretary, along with a detailed description of the process used to update the plan.

(B)

Requirements for approval

The Secretary shall not approve the process for an updated strategic highway safety plan unless—

(i)

the updated strategic highway safety plan is consistent with the requirements of this subsection and subsection (a)(12); and

(ii)

the process used is consistent with the requirements of this subsection.

(3)

Penalty for failure to have an approved updated strategic highway safety plan

If a State does not have an updated strategic highway safety plan with a process approved by the Secretary by August 1 of the fiscal year beginning after the date of establishment of the requirements under paragraph (1), the State shall not be eligible to receive any additional limitation pursuant to the redistribution of the limitation on obligations for Federal-aid highway and highway safety construction programs that occurs after August 1 for each succeeding fiscal year until the fiscal year during which the plan is approved.

(e)

Eligible projects

(1)

In general

Funds apportioned to the State under section 104(b)(3) may be obligated to carry out—

(A)

any highway safety improvement project on any public road or publicly owned bicycle or pedestrian pathway or trail;

(B)

as provided in subsection (g); or

(C)

any project to maintain minimum levels of retroreflectivity with respect to a public road, without regard to whether the project is included in an applicable State strategic highway safety plan.

(2)

Use of other funding for safety

(A)

Effect of section

Nothing in this section prohibits the use of funds made available under other provisions of this title for highway safety improvement projects.

(B)

Use of other funds

States are encouraged to address the full scope of the safety needs and opportunities of the States by using funds made available under other provisions of this title (except a provision that specifically prohibits that use).

(f)

Data improvement

(1)

Definition of data improvement activities

In this subsection, the following definitions apply:

(A)

In general

The term data improvement activities means a project or activity to further the capacity of a State to make more informed and effective safety infrastructure investment decisions.

(B)

Inclusions

The term data improvement activities includes a project or activity—

(i)

to create, update, or enhance a highway basemap of all public roads in a State;

(ii)

to collect safety data, including data identified as part of the model inventory for roadway elements, for creation of or use on a highway basemap of all public roads in a State;

(iii)

to store and maintain safety data in an electronic manner;

(iv)

to develop analytical processes for safety data elements;

(v)

to acquire and implement roadway safety analysis tools; and

(vi)

to support the collection, maintenance, and sharing of safety data on all public roads and related systems associated with the analytical usage of that data.

(2)

Model inventory of roadway elements

The Secretary shall—

(A)

establish a subset of the model inventory of roadway elements that are useful for the inventory of roadway safety; and

(B)

ensure that States adopt and use the subset to improve data collection.

(g)

Special rules

(1)

High-risk rural road safety

If the fatality rate on rural roads in a State increases over the most recent 2-year period for which data are available, that State shall be required to obligate in the next fiscal year for projects on high risk rural roads an amount equal to at least 200 percent of the amount of funds the State received for fiscal year 2009 for high risk rural roads under subsection (f) of this section, as in effect on the day before the date of enactment of the MAP–21.

(2)

Older drivers

If traffic fatalities and serious injuries per capita for drivers and pedestrians over the age of 65 in a State increases during the most recent 2-year period for which data are available, that State shall be required to include, in the subsequent Strategic Highway Safety Plan of the State, strategies to address the increases in those rates, taking into account the recommendations included in the publication of the Federal Highway Administration entitled Highway Design Handbook for Older Drivers and Pedestrians (FHWA–RD–01–103), and dated May 2001, or as subsequently revised and updated.

(h)

Reports

(1)

In general

A State shall submit to the Secretary a report that—

(A)

describes progress being made to implement highway safety improvement projects under this section;

(B)

assesses the effectiveness of those improvements; and

(C)

describes the extent to which the improvements funded under this section have contributed to reducing—

(i)

the number and rate of fatalities on all public roads with, to the maximum extent practicable, a breakdown by functional classification and ownership in the State;

(ii)

the number and rate of serious injuries on all public roads with, to the maximum extent practicable, a breakdown by functional classification and ownership in the State; and

(iii)

the occurrences of fatalities and serious injuries at railway-highway crossings.

(2)

Contents; schedule

The Secretary shall establish the content and schedule for the submission of the report under paragraph (1).

(3)

Transparency

The Secretary shall make strategic highway safety plans submitted under subsection (d) and reports submitted under this subsection available to the public through—

(A)

the website of the Department; and

(B)

such other means as the Secretary determines to be appropriate.

(4)

Discovery and admission into evidence of certain reports, surveys, and information

Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location identified or addressed in the reports, surveys, schedules, lists, or other data.

(i)

State performance targets

If the Secretary determines that a State has not met or made significant progress toward meeting the performance targets of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets, the State shall—

(1)

use obligation authority equal to the apportionment of the State for the prior year under section 104(b)(3) only for highway safety improvement projects under this section until the Secretary determines that the State has met or made significant progress toward meeting the performance targets of the State; and

(2)

submit annually to the Secretary, until the Secretary determines that the State has met or made significant progress toward meeting the performance targets of the State, an implementation plan that—

(A)

identifies roadway features that constitute a hazard to road users;

(B)

identifies highway safety improvement projects on the basis of crash experience, crash potential, or other data-supported means;

(C)

describes how highway safety improvement program funds will be allocated, including projects, activities, and strategies to be implemented;

(D)

describes how the proposed projects, activities, and strategies funded under the State highway safety improvement program will allow the State to make progress toward achieving the safety performance targets of the State; and

(E)

describes the actions the State will undertake to meet the performance targets of the State.

(j)

Federal share of highway safety improvement projects

Except as provided in sections 120 and 130, the Federal share of the cost of a highway safety improvement project carried out with funds apportioned to a State under section 104(b)(3) shall be 90 percent.

.

(b)

Study of high-risk rural roads best practices

(1)

Study

(A)

In general

The Secretary shall conduct a study of the best practices for implementing cost-effective roadway safety infrastructure improvements on high-risk rural roads.

(B)

Methodology

In carrying out the study, the Secretary shall—

(i)

conduct a thorough literature review;

(ii)

survey current practices of State departments of transportation; and

(iii)

survey current practices of local units of government, as appropriate.

(C)

Consultation

In carrying out the study, the Secretary shall consult with—

(i)

State departments of transportation;

(ii)

county engineers and public works professionals;

(iii)

appropriate local officials; and

(iv)

appropriate private sector experts in the field of roadway safety infrastructure.

(2)

Report

(A)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study.

(B)

Contents

The report shall include—

(i)

a summary of cost-effective roadway safety infrastructure improvements;

(ii)

a summary of the latest research on the financial savings and reduction in fatalities and serious bodily injury crashes from the implementation of cost-effective roadway safety infrastructure improvements; and

(iii)

recommendations for State and local governments on best practice methods to install cost-effective roadway safety infrastructure on high-risk rural roads.

(3)

Manual

(A)

Development

Based on the results of the study under paragraph (2), the Secretary, in consultation with the individuals and entities described in paragraph (1)(C), shall develop a best practices manual to support Federal, State, and local efforts to reduce fatalities and serious bodily injury crashes on high-risk rural roads through the use of cost-effective roadway safety infrastructure improvements.

(B)

Availability

The manual shall be made available to State and local governments not later than 180 days after the date of submission of the report under paragraph (2).

(C)

Contents

The manual shall include, at a minimum, a list of cost-effective roadway safety infrastructure improvements and best practices on the installation of cost-effective roadway safety infrastructure improvements on high-risk rural roads.

(D)

Use of manual

Use of the manual shall be voluntary and the manual shall not establish any binding standards or legal duties on State or local governments, or any other person.

1113.

Congestion mitigation and air quality improvement program

(a)

Eligible projects

Section 149(b) of title 23, United States Code, is amended—

(1)

in the matter preceding paragraph (1)—

(A)

by striking in subsection (c) and inserting in subsection (d); and

(B)

by striking section 104(b)(2) and inserting section 104(b)(4);

(2)

in paragraph (5)—

(A)

by inserting add turning lanes, after improve intersections,; and

(B)

by striking paragraph; and inserting paragraph, including programs or projects to improve incident and emergency response or improve mobility, such as through real-time traffic, transit, and multimodal traveler information;;

(3)

in paragraph (6) by striking or at the end;

(4)

in paragraph (7)(A)(ii) by striking published in the list under subsection (f)(2) and inserting verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131));

(5)

by striking the matter following paragraph (7);

(6)

by redesignating paragraph (7) as paragraph (8); and

(7)

by inserting after paragraph (6) the following:

(7)

if the project or program shifts traffic demand to nonpeak hours or other transportation modes, increases vehicle occupancy rates, or otherwise reduces demand for roads through such means as telecommuting, ridesharing, carsharing, alternative work hours, and pricing; or

.

(b)

Special rules

Section 149 of title 23, United States Code, is amended—

(1)

by redesignating subsections (c) through (h) as subsections (d) through (i) respectively;

(2)

by inserting after subsection (b) the following:

(c)

Special rules

(1)

Projects for PM–10 nonattainment areas

A State may obligate funds apportioned to the State under section 104(b)(4) for a project or program for an area that is nonattainment for ozone or carbon monoxide, or both, and for PM–10 resulting from transportation activities, without regard to any limitation of the Department of Transportation relating to the type of ambient air quality standard such project or program addresses.

(2)

Electric vehicle and natural gas vehicle infrastructure

A State may obligate funds apportioned under section 104(b)(4) for a project or program to establish electric vehicle charging stations or natural gas vehicle refueling stations for the use of battery powered or natural gas fueled trucks or other motor vehicles at any location in the State except that such stations may not be established or supported where commercial establishments serving motor vehicle users are prohibited by section 111 of title 23, United States Code.

(3)

HOV facilities

No funds may be provided under this section for a project which will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility available to single occupant vehicles only at other than peak travel times.

;

(3)

by striking subsection (d) (as redesignated by paragraph (1)) and inserting the following:

(d)

States flexibility

(1)

States without a nonattainment area

If a State does not have, and never has had, a nonattainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may use funds apportioned to the State under section 104(b)(4) for any project in the State that—

(A)

would otherwise be eligible under subsection (b) as if the project were carried out in a nonattainment or maintenance area; or

(B)

is eligible under the surface transportation program under section 133.

(2)

States with a nonattainment area

(A)

In general

If a State has a nonattainment area or maintenance area and received funds in fiscal year 2009 under section 104(b)(2)(D), as in effect on the day before the date of enactment of the MAP–21, above the amount of funds that the State would have received based on the nonattainment and maintenance area population of the State under subparagraphs (B) and (C) of section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21, the State may use for any project that is eligible under the surface transportation program under section 133 an amount of funds apportioned to such State under section 104(b)(4) that is equal to the product obtained by multiplying—

(i)

the amount apportioned to such State under section 104(b)(4) (excluding the amount of funds reserved under paragraph (l)); by

(ii)

the ratio calculated under subparagraph (B).

(B)

Ratio

For purposes of this paragraph, the ratio shall be calculated as the proportion that—

(i)

the amount for fiscal year 2009 such State was permitted by section 149(c)(2), as in effect on the day before the date of enactment of the MAP–21, to obligate in any area of the State for projects eligible under section 133, as in effect on the day before the date of enactment of the MAP–21t; bears to

(ii)

the total apportionment to such State for fiscal year 2009 under section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21.

(3)

Changes in designation

If a new nonattainment area is designated or a previously designated nonattainment area is redesignated as an attainment area in a State under the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall modify the amount such State is permitted to obligate in any area of the State for projects eligible under section 133.

;

(4)

in subsection (f)(3) (as redesignated by paragraph (1)) by striking 104(b)(2) and inserting 104(b)(4);

(5)

in subsection (g) (as redesignated by paragraph (1)) by striking paragraph (3) and inserting the following:

(3)

Priority consideration

States and metropolitan planning organizations shall give priority in areas designated as nonattainment or maintenance for PM2.5 under the Clean Air Act (42 U.S.C. 7401 et seq.) in distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section 104(b)(4) to projects that are proven to reduce PM2.5, including diesel retrofits.

;

(6)

by striking subsection (i) (as redesignated by paragraph (1)) and inserting the following:

(i)

Evaluation and assessment of projects

(1)

Database

(A)

In general

Using appropriate assessments of projects funded under the congestion mitigation and air quality program and results from other research, the Secretary shall maintain and disseminate a cumulative database describing the impacts of the projects, including specific information about each project, such as the project name, location, sponsor, cost, and, to the extent already measured by the project sponsor, cost-effectiveness, based on reductions in congestion and emissions.

(B)

Availability

The database shall be published or otherwise made readily available by the Secretary in electronically accessible format and means, such as the Internet, for public review.

(2)

Cost effectiveness

(A)

In general

The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall evaluate projects on a periodic basis and develop a table or other similar medium that illustrates the cost-effectiveness of a range of project types eligible for funding under this section as to how the projects mitigate congestion and improve air quality.

(B)

Contents

The table described in subparagraph (A) shall show measures of cost-effectiveness, such as dollars per ton of emissions reduced, and assess those measures over a variety of timeframes to capture impacts on the planning timeframes outlined in section 134.

(C)

Use of table

States and metropolitan planning organizations shall consider the information in the table when selecting projects or developing performance plans under subsection (l).

(j)

Optional programmatic eligibility

(1)

In general

At the discretion of a metropolitan planning organization, a technical assessment of a selected program of projects may be conducted through modeling or other means to demonstrate the emissions reduction projection required under this section.

(2)

Applicability

If an assessment described in paragraph (1) successfully demonstrates an emissions reduction, all projects included in such assessment shall be eligible for obligation under this section without further demonstration of emissions reduction of individual projects included in such assessment.

(k)

Priority for use of funds in PM2.5 areas

(1)

In general

For any State that has a nonattainment or maintenance area for fine particulate matter, an amount equal to 25 percent of the funds apportioned to each State under section 104(b)(4) for a nonattainment or maintenance area that are based all or in part on the weighted population of such area in fine particulate matter nonattainment shall be obligated to projects that reduce such fine particulate matter emissions in such area, including diesel retrofits.

(2)

Construction equipment and vehicles

In order to meet the requirements of paragraph (1), a State or metropolitan planning organization may elect to obligate funds to install diesel emission control technology on nonroad diesel equipment or on-road diesel equipment that is operated on a highway construction project within a PM2.5 nonattainment or maintenance area.

(l)

Performance plan

(1)

In general

Each metropolitan planning organization serving a transportation management area (as defined in section 134) with a population over 1,000,000 people representing a nonattainment or maintenance area shall develop a performance plan that—

(A)

includes an area baseline level for traffic congestion and on-road mobile source emissions for which the area is in nonattainment or maintenance;

(B)

describes progress made in achieving the performance targets described in section 150(d); and

(C)

includes a description of projects identified for funding under this section and how such projects will contribute to achieving emission and traffic congestion reduction targets.

(2)

Updated plans

Performance plans shall be updated biennially and include a separate report that assesses the progress of the program of projects under the previous plan in achieving the air quality and traffic congestion targets of the previous plan.

(m)

Operating assistance

A State may obligate funds apportioned under section 104(b)(2) in an area of such State that is otherwise eligible for obligations of such funds for operating costs under chapter 53 of title 49 or on a system that was previously eligible under this section.

.

(c)

Air quality and congestion mitigation measure outcomes assessment study

(1)

In general

The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall examine the outcomes of actions funded under the congestion mitigation and air quality improvement program since the date of enactment of the SAFETEA–LU (Public Law 109–59).

(2)

Goals

The goals of the program shall include—

(A)

the assessment and documentation, through outcomes research conducted on a representative sample of cases, of—

(i)

the emission reductions achieved by federally supported surface transportation actions intended to reduce emissions or lessen traffic congestion; and

(ii)

the air quality and human health impacts of those actions, including potential unrecognized or indirect consequences, attributable to those actions;

(B)

an expanded base of empirical evidence on the air quality and human health impacts of actions described in paragraph (1); and

(C)

an increase in knowledge of—

(i)

the factors determining the air quality and human health changes associated with transportation emission reduction actions; and

(ii)

other information to more accurately understand the validity of current estimation and modeling routines and ways to improve those routines.

(3)

Administrative elements

To carry out this subsection, the Secretary shall—

(A)

make a grant for the coordination, selection, management, and reporting of component studies to an independent scientific research organization with the necessary experience in successfully conducting accountability and other studies on mobile source air pollutants and associated health effects;

(B)

ensure that case studies are identified and conducted by teams selected through a competitive solicitation overseen by an independent committee of unbiased experts; and

(C)

ensure that all findings and reports are peer-reviewed and published in a form that presents the findings together with reviewer comments.

(4)

Report

The Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—

(A)

not later than 1 year after the date of enactment of the MAP–21, and for the following year, a report providing an initial scoping and plan, and status updates, respectively, for the program under this subsection; and

(B)

not later than 2 years after the date of enactment of the MAP–21, a final report that describes the findings of, and recommendations resulting from, the program under this subsection.

(5)

Funding

Of the amounts made available to carry out section 104(a) for fiscal year 2013, the Secretary shall make available to carry out this subsection not more than $1,000,000.

1114.

Territorial and Puerto Rico highway program

(a)

In general

Section 165 of title 23, United States Code, is amended to read as follows:

165.

Territorial and Puerto Rico highway program

(a)

Division of funds

Of funds made available in a fiscal year for the territorial and Puerto Rico highway program—

(1)

$150,000,000 shall be for the Puerto Rico highway program under subsection (b); and

(2)

$40,000,000 shall be for the territorial highway program under subsection (c).

(b)

Puerto rico highway program

(1)

In general

The Secretary shall allocate funds made available to carry out this subsection to the Commonwealth of Puerto Rico to carry out a highway program in the Commonwealth.

(2)

Treatment of funds

Amounts made available to carry out this subsection for a fiscal year shall be administered as follows:

(A)

Apportionment

(i)

In general

For the purpose of imposing any penalty under this title or title 49, the amounts shall be treated as being apportioned to Puerto Rico under sections 104(b) and 144 (as in effect for fiscal year 1997) for each program funded under those sections in an amount determined by multiplying—

(I)

the aggregate of the amounts for the fiscal year; by

(II)

the proportion that—

(aa)

the amount of funds apportioned to Puerto Rico for each such program for fiscal year 1997; bears to

(bb)

the total amount of funds apportioned to Puerto Rico for all such programs for fiscal year 1997.

(ii)

Exception

Funds identified under clause (i) as having been apportioned for the national highway system, the surface transportation program, and the Interstate maintenance program shall be deemed to have been apportioned 50 percent for the national highway performance program and 50 percent for the surface transportation program for purposes of imposing such penalties.

(B)

Penalty

The amounts treated as being apportioned to Puerto Rico under each section referred to in subparagraph (A) shall be deemed to be required to be apportioned to Puerto Rico under that section for purposes of the imposition of any penalty under this title or title 49.

(C)

Eligible uses of funds

Of amounts allocated to Puerto Rico for the Puerto Rico Highway Program for a fiscal year—

(i)

at least 50 percent shall be available only for purposes eligible under section 119;

(ii)

at least 25 percent shall be available only for purposes eligible under section 148; and

(iii)

any remaining funds may be obligated for activities eligible under chapter 1.

(3)

Effect on apportionments

Except as otherwise specifically provided, Puerto Rico shall not be eligible to receive funds apportioned to States under this title.

(c)

Territorial highway program

(1)

Territory defined

In this subsection, the term territory means any of the following territories of the United States:

(A)

American Samoa.

(B)

The Commonwealth of the Northern Mariana Islands.

(C)

Guam.

(D)

The United States Virgin Islands.

(2)

Program

(A)

In general

Recognizing the mutual benefits that will accrue to the territories and the United States from the improvement of highways in the territories, the Secretary may carry out a program to assist each government of a territory in the construction and improvement of a system of arterial and collector highways, and necessary inter-island connectors, that is—

(i)

designated by the Governor or chief executive officer of each territory; and

(ii)

approved by the Secretary.

(B)

Federal share

The Federal share of Federal financial assistance provided to territories under this subsection shall be in accordance with section 120(g).

(3)

Technical assistance

(A)

In general

To continue a long-range highway development program, the Secretary may provide technical assistance to the governments of the territories to enable the territories, on a continuing basis—

(i)

to engage in highway planning;

(ii)

to conduct environmental evaluations;

(iii)

to administer right-of-way acquisition and relocation assistance programs; and

(iv)

to design, construct, operate, and maintain a system of arterial and collector highways, including necessary inter-island connectors.

(B)

Form and terms of assistance

Technical assistance provided under subparagraph (A), and the terms for the sharing of information among territories receiving the technical assistance, shall be included in the agreement required by paragraph (5).

(4)

Nonapplicability of certain provisions

(A)

In general

Except to the extent that provisions of this chapter are determined by the Secretary to be inconsistent with the needs of the territories and the intent of this subsection, this chapter (other than provisions of this chapter relating to the apportionment and allocation of funds) shall apply to funds made available under this subsection.

(B)

Applicable provisions

The agreement required by paragraph (5) for each territory shall identify the sections of this chapter that are applicable to that territory and the extent of the applicability of those sections.

(5)

Agreement

(A)

In general

Except as provided in subparagraph (D), none of the funds made available under this subsection shall be available for obligation or expenditure with respect to any territory until the chief executive officer of the territory has entered into an agreement (including an agreement entered into under section 215 as in effect on the day before the enactment of this section) with the Secretary providing that the government of the territory shall—

(i)

implement the program in accordance with applicable provisions of this chapter and paragraph (4);

(ii)

design and construct a system of arterial and collector highways, including necessary inter-island connectors, in accordance with standards that are—

(I)

appropriate for each territory; and

(II)

approved by the Secretary;

(iii)

provide for the maintenance of facilities constructed or operated under this subsection in a condition to adequately serve the needs of present and future traffic; and

(iv)

implement standards for traffic operations and uniform traffic control devices that are approved by the Secretary.

(B)

Technical assistance

The agreement required by subparagraph (A) shall—

(i)

specify the kind of technical assistance to be provided under the program;

(ii)

include appropriate provisions regarding information sharing among the territories; and

(iii)

delineate the oversight role and responsibilities of the territories and the Secretary.

(C)

Review and revision of agreement

The agreement entered into under subparagraph (A) shall be reevaluated and, as necessary, revised, at least every 2 years.

(D)

Existing agreements

With respect to an agreement under this subsection or an agreement entered into under section 215 of this title as in effect on the day before the date of enactment of this subsection—

(i)

the agreement shall continue in force until replaced by an agreement entered into in accordance with subparagraph (A); and

(ii)

amounts made available under this subsection under the existing agreement shall be available for obligation or expenditure so long as the agreement, or the existing agreement entered into under subparagraph (A), is in effect.

(6)

Eligible uses of funds

(A)

In general

Funds made available under this subsection may be used only for the following projects and activities carried out in a territory:

(i)

Eligible surface transportation program projects described in section 133(b).

(ii)

Cost-effective, preventive maintenance consistent with section 116(e).

(iii)

Ferry boats, terminal facilities, and approaches, in accordance with subsections (b) and (c) of section 129.

(iv)

Engineering and economic surveys and investigations for the planning, and the financing, of future highway programs.

(v)

Studies of the economy, safety, and convenience of highway use.

(vi)

The regulation and equitable taxation of highway use.

(vii)

Such research and development as are necessary in connection with the planning, design, and maintenance of the highway system.

(B)

Prohibition on use of funds for routine maintenance

None of the funds made available under this subsection shall be obligated or expended for routine maintenance.

(7)

Location of projects

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

.

(b)

Conforming amendments

(1)

Technical and conforming amendment

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 165 and inserting the following:

165. Territorial and Puerto Rico highway program.

.

(2)

Territorial highway program

(A)

Repeal

Section 215 of title 23, United States Code, is repealed.

(B)

Technical and conforming amendment

The analysis for chapter 2 of title 23, United States Code, is amended by striking the item relating to section 215.

(C)

Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

Section 3512(e) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (48 U.S.C. 1421r(e)) is amended by striking section 215 and inserting section 165.

1115.

National freight policy

(a)

In general

Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

167.

National freight policy

(a)

In general

It is the policy of the United States to improve the condition and performance of the national freight network to ensure that the national freight network provides the foundation for the United States to compete in the global economy and achieve each goal described in subsection (b).

(b)

Goals

The goals of the national freight policy are—

(1)

to invest in infrastructure improvements and to implement operational improvements that—

(A)

strengthen the contribution of the national freight network to the economic competitiveness of the United States;

(B)

reduce congestion; and

(C)

increase productivity, particularly for domestic industries and businesses that create high-value jobs;

(2)

to improve the safety, security, and resilience of freight transportation;

(3)

to improve the state of good repair of the national freight network;

(4)

to use advanced technology to improve the safety and efficiency of the national freight network;

(5)

to incorporate concepts of performance, innovation, competition, and accountability into the operation and maintenance of the national freight network; and

(6)

to improve the economic efficiency of the national freight network.

(7)

to reduce the environmental impacts of freight movement on the national freight network;

(c)

Establishment of a national freight network

(1)

In general

The Secretary shall establish a national freight network in accordance with this section to assist States in strategically directing resources toward improved system performance for efficient movement of freight on highways, including national highway system, freight intermodal connectors and aerotropolis transportation systems.

(2)

Network components

The national freight network shall consist of—

(A)

the primary freight network, as designated by the Secretary under subsection (d) (referred to in this section as the primary freight network) as most critical to the movement of freight;

(B)

the portions of the Interstate System not designated as part of the primary freight network; and

(C)

critical rural freight corridors established under subsection (e).

(d)

Designation of primary freight network

(1)

Initial designation of primary freight network

(A)

Designation

Not later than 1 year after the date of enactment of this section, the Secretary shall designate a primary freight network—

(i)

based on an inventory of national freight volume conducted by the Administrator of the Federal Highway Administration, in consultation with stakeholders, including system users, transport providers, and States; and

(ii)

that shall be comprised of not more than 27,000 centerline miles of existing roadways that are most critical to the movement of freight.

(B)

Factors for designation

In designating the primary freight network, the Secretary shall consider—

(i)

the origins and destinations of freight movement in the United States;

(ii)

the total freight tonnage and value of freight moved by highways;

(iii)

the percentage of annual average daily truck traffic in the annual average daily traffic on principal arterials;

(iv)

the annual average daily truck traffic on principal arterials;

(v)

land and maritime ports of entry;

(vi)

access to energy exploration, development, installation, or production areas;

(vii)

population centers; and

(viii)

network connectivity.

(2)

Additional miles on primary freight network

In addition to the miles initially designated under paragraph (1), the Secretary may increase the number of miles designated as part of the primary freight network by not more than 3,000 additional centerline miles of roadways (which may include existing or planned roads) critical to future efficient movement of goods on the primary freight network.

(3)

Redesignation of primary freight network

Effective beginning 10 years after the designation of the primary freight network and every 10 years thereafter, using the designation factors described in paragraph (1), the Secretary shall redesignate the primary freight network (including additional mileage described in paragraph (2)).

(e)

Critical rural freight corridors

A State may designate a road within the borders of the State as a critical rural freight corridor if the road—

(1)

is a rural principal arterial roadway and has a minimum of 25 percent of the annual average daily traffic of the road measured in passenger vehicle equivalent units from trucks (FHWA vehicle class 8 to 13);

(2)

provides access to energy exploration, development, installation, or production areas;

(3)

connects the primary freight network, a roadway described in paragraph (1) or (2), or Interstate System to facilities that handle more than—

(A)

50,000 20-foot equivalent units per year; or

(B)

500,000 tons per year of bulk commodities.

(f)

National freight strategic plan

(1)

Initial development of national freight strategic plan

Not later than 3 years after the date of enactment of this section, the Secretary shall, in consultation with State departments of transportation and other appropriate public and private transportation stakeholders, develop and post on the Department of Transportation public website a national freight strategic plan that shall include—

(A)

an assessment of the condition and performance of the national freight network;

(B)

an identification of highway bottlenecks on the national freight network that create significant freight congestion problems, based on a quantitative methodology developed by the Secretary, which shall, at a minimum, include—

(i)

information from the Freight Analysis Network of the Federal Highway Administration; and

(ii)

to the maximum extent practicable, an estimate of the cost of addressing each bottleneck and any operational improvements that could be implemented;

(C)

forecasts of freight volumes for the 20-year period beginning in the year during which the plan is issued;

(D)

an identification of major trade gateways and national freight corridors that connect major population centers, trade gateways, and other major freight generators for current and forecasted traffic and freight volumes, the identification of which shall be revised, as appropriate, in subsequent plans;

(E)

an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved freight transportation performance (including opportunities for overcoming the barriers);

(F)

an identification of routes providing access to energy exploration, development, installation, or production areas;

(G)

best practices for improving the performance of the national freight network;

(H)

best practices to mitigate the impacts of freight movement on communities;

(I)

a process for addressing multistate projects and encouraging jurisdictions to collaborate; and

(J)

strategies to improve freight intermodal connectivity.

(2)

Updates to national freight strategic plan

Not later than 5 years after the date of completion of the first national freight strategic plan under paragraph (1), and every 5 years thereafter, the Secretary shall update and repost on the Department of Transportation public website a revised national freight strategic plan.

(g)

Freight transportation conditions and performance reports

Not later than 2 years after the date of enactment of this section, and biennially thereafter, the Secretary shall prepare a report that contains a description of the conditions and performance of the national freight network in the United States.

(h)

Transportation investment data and planning tools

(1)

In general

Not later than 1 year after the date of enactment of this section, the Secretary shall—

(A)

begin development of new tools and improvement of existing tools or improve existing tools to support an outcome-oriented, performance-based approach to evaluate proposed freight-related and other transportation projects, including—

(i)

methodologies for systematic analysis of benefits and costs;

(ii)

tools for ensuring that the evaluation of freight-related and other transportation projects could consider safety, economic competitiveness, environmental sustainability, and system condition in the project selection process; and

(iii)

other elements to assist in effective transportation planning;

(B)

identify transportation-related model data elements to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions; and

(C)

at a minimum, in consultation with other relevant Federal agencies, consider any improvements to existing freight flow data collection efforts that could reduce identified freight data gaps and deficiencies and help improve forecasts of freight transportation demand.

(2)

Consultation

The Secretary shall consult with Federal, State, and other stakeholders to develop, improve, and implement the tools and collect the data in paragraph (1).

(i)

Definition of aerotropolis transportation system

In this section, the term aerotropolis transportation system means a planned and coordinated multimodal freight and passenger transportation network that, as determined by the Secretary, provides efficient, cost-effective, sustainable, and intermodal connectivity to a defined region of economic significance centered around a major airport.

.

(b)

Conforming amendment

The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following:

167. National freight program..

1116.

Prioritization of projects to improve freight movement

(a)

In general

Notwithstanding section 120 of title 23, United States Code, the Secretary may increase the Federal share payable for any project to 95 percent for projects on the Interstate System and 90 percent for any other project if the Secretary certifies that the project meets the requirements of this section.

(b)

Increased funding

To be eligible for the increased Federal funding share under this section, a project shall—

(1)

demonstrate the improvement made by the project to the efficient movement of freight, including making progress towards meeting performance targets for freight movement established under section 150(d) of title 23, United States Code; and

(2)

be identified in a State freight plan developed pursuant to section 1118.

(c)

Eligible projects

Eligible projects to improve the movement of freight under this section may include, but are not limited to—

(1)

construction, reconstruction, rehabilitation, and operational improvements directly relating to improving freight movement;

(2)

intelligent transportation systems and other technology to improve the flow of freight;

(3)

efforts to reduce the environmental impacts of freight movement on the primary freight network;

(4)

railway-highway grade separation;

(5)

geometric improvements to interchanges and ramps.

(6)

truck-only lanes;

(7)

climbing and runaway truck lanes;

(8)

truck parking facilities eligible for funding under section 1401;

(9)

real-time traffic, truck parking, roadway condition, and multimodal transportation information systems;

(10)

improvements to freight intermodal connectors; and

(11)

improvements to truck bottlenecks.

1117.

State freight advisory committees

(a)

In general

The Secretary shall encourage each State to establish a freight advisory committee consisting of a representative cross-section of public and private sector freight stakeholders, including representatives of ports, shippers, carriers, freight-related associations, the freight industry workforce, the transportation department of the State, and local governments.

(b)

Role of committee

A freight advisory committee of a State described in subsection (a) shall—

(1)

advise the State on freight-related priorities, issues, projects, and funding needs;

(2)

serve as a forum for discussion for State transportation decisions affecting freight mobility;

(3)

communicate and coordinate regional priorities with other organizations;

(4)

promote the sharing of information between the private and public sectors on freight issues; and

(5)

participate in the development of the freight plan of the State described in section 1118.

1118.

State freight plans

(a)

In general

The Secretary shall encourage each State to develop a freight plan that provides a comprehensive plan for the immediate and long-range planning activities and investments of the State with respect to freight.

(b)

Plan contents

A freight plan described in subsection (a) shall include, at a minimum—

(1)

an identification of significant freight system trends, needs, and issues with respect to the State;

(2)

a description of the freight policies, strategies, and performance measures that will guide the freight-related transportation investment decisions of the State;

(3)

a description of how the plan will improve the ability of the State to meet the national freight goals established under section 167 of title 23, United States Code;

(4)

evidence of consideration of innovative technologies and operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement;

(5)

in the case of routes on which travel by heavy vehicles (including mining, agricultural, energy cargo or equipment, and timber vehicles) is projected to substantially deteriorate the condition of roadways, a description of improvements that may be required to reduce or impede the deterioration; and

(6)

an inventory of facilities with freight mobility issues, such as truck bottlenecks, within the State, and a description of the strategies the State is employing to address those freight mobility issues.

(c)

Relationship to long-range plan

A freight plan described in subsection (a) may be developed separate from or incorporated into the statewide strategic long-range transportation plan required by section 135 of title 23, United States Code.

1119.

Federal lands and tribal transportation programs

(a)

In general

Chapter 2 of title 23, United States Code, is amended by striking sections 201 through 204 and inserting the following:

201.

Federal lands and tribal transportation programs

(a)

Purpose

Recognizing the need for all public Federal and tribal transportation facilities to be treated under uniform policies similar to the policies that apply to Federal-aid highways and other public transportation facilities, the Secretary of Transportation, in collaboration with the Secretaries of the appropriate Federal land management agencies, shall coordinate a uniform policy for all public Federal and tribal transportation facilities that shall apply to Federal lands transportation facilities, tribal transportation facilities, and Federal lands access transportation facilities.

(b)

Availability of funds

(1)

Availability

Funds authorized for the tribal transportation program, the Federal lands transportation program, and the Federal lands access program shall be available for contract upon apportionment, or on October 1 of the fiscal year for which the funds were authorized if no apportionment is required.

(2)

Amount remaining

Any amount remaining unexpended for a period of 3 years after the close of the fiscal year for which the funds were authorized shall lapse.

(3)

Obligations

The Secretary of the department responsible for the administration of funds under this subsection may incur obligations, approve projects, and enter into contracts under such authorizations, which shall be considered to be contractual obligations of the United States for the payment of the cost thereof, the funds of which shall be considered to have been expended when obligated.

(4)

Expenditure

(A)

In general

Any funds authorized for any fiscal year after the date of enactment of this section under the Federal lands transportation program, the Federal lands access program, and the tribal transportation program shall be considered to have been expended if a sum equal to the total of the sums authorized for the fiscal year and previous fiscal years have been obligated.

(B)

Credited funds

Any funds described in subparagraph (A) that are released by payment of final voucher or modification of project authorizations shall be—

(i)

credited to the balance of unobligated authorizations; and

(ii)

immediately available for expenditure.

(5)

Applicability

This section shall not apply to funds authorized before the date of enactment of this paragraph.

(6)

Contractual obligation

(A)

In general

Notwithstanding any other provision of law (including regulations), the authorization by the Secretary, or the Secretary of the appropriate Federal land management agency if the agency is the contracting office, of engineering and related work for the development, design, and acquisition associated with a construction project, whether performed by contract or agreement authorized by law, or the approval by the Secretary of plans, specifications, and estimates for construction of a project, shall be considered to constitute a contractual obligation of the Federal Government to pay the total eligible cost of—

(i)

any project funded under this title; and

(ii)

any project funded pursuant to agreements authorized by this title or any other title.

(B)

Effect

Nothing in this paragraph—

(i)

affects the application of the Federal share associated with the project being undertaken under this section; or

(ii)

modifies the point of obligation associated with Federal salaries and expenses.

(7)

Federal share

(A)

Tribal and federal lands transportation program

The Federal share of the cost of a project carried out under the Federal lands transportation program or the tribal transportation program shall be 100 percent.

(B)

Federal lands access program

The Federal share of the cost of a project carried out under the Federal lands access program shall be determined in accordance with section 120.

(c)

Transportation planning

(1)

Transportation planning procedures

In consultation with the Secretary of each appropriate Federal land management agency, the Secretary shall implement transportation planning procedures for Federal lands and tribal transportation facilities that are consistent with the planning processes required under sections 134 and 135.

(2)

Approval of transportation improvement program

The transportation improvement program developed as a part of the transportation planning process under this section shall be approved by the Secretary.

(3)

Inclusion in other plans

Each regionally significant tribal transportation program, Federal lands transportation program, and Federal lands access program project shall be—

(A)

developed in cooperation with State and metropolitan planning organizations; and

(B)

included in appropriate tribal transportation program plans, Federal lands transportation program plans, Federal lands access program plans, State and metropolitan plans, and transportation improvement programs.

(4)

Inclusion in state programs

The approved tribal transportation program, Federal lands transportation program, and Federal lands access program transportation improvement programs shall be included in appropriate State and metropolitan planning organization plans and programs without further action on the transportation improvement program.

(5)

Asset management

The Secretary and the Secretary of each appropriate Federal land management agency shall, to the extent appropriate, implement safety, bridge, pavement, and congestion management systems for facilities funded under the tribal transportation program and the Federal lands transportation program in support of asset management.

(6)

Data collection

(A)

Data collection

The Secretaries of the appropriate Federal land management agencies shall collect and report data necessary to implement the Federal lands transportation program, the Federal lands access program, and the tribal transportation program in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), including—

(i)

inventory and condition information on Federal lands transportation facilities and tribal transportation facilities; and

(ii)

bridge inspection and inventory information on any Federal bridge open to the public.

(B)

Standards

The Secretary, in coordination with the Secretaries of the appropriate Federal land management agencies, shall define the collection and reporting data standards.

(7)

Administrative expenses

To implement the activities described in this subsection, including direct support of transportation planning activities among Federal land management agencies, the Secretary may use not more than 5 percent for each fiscal year of the funds authorized for programs under sections 203 and 204.

(d)

Reimbursable agreements

In carrying out work under reimbursable agreements with any State, local, or tribal government under this title, the Secretary—

(1)

may, without regard to any other provision of law (including regulations), record obligations against accounts receivable from the entity; and

(2)

shall credit amounts received from the entity to the appropriate account, which shall occur not later than 90 days after the date of the original request by the Secretary for payment.

(e)

Transfers

(1)

In general

To enable the efficient use of funds made available for the Federal lands transportation program and the Federal lands access program, the funds may be transferred by the Secretary within and between each program with the concurrence of, as appropriate—

(A)

the Secretary;

(B)

the affected Secretaries of the respective Federal land management agencies;

(C)

State departments of transportation; and

(D)

local government agencies.

(2)

Credit

The funds described in paragraph (1) shall be credited back to the loaning entity with funds that are currently available for obligation at the time of the credit.

202.

Tribal transportation program

(a)

Use of funds

(1)

In general

Funds made available under the tribal transportation program shall be used by the Secretary of Transportation and the Secretary of the Interior to pay the costs of—

(A)
(i)

transportation planning, research, maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of tribal transportation facilities;

(ii)

adjacent vehicular parking areas;

(iii)

interpretive signage;

(iv)

acquisition of necessary scenic easements and scenic or historic sites;

(v)

provisions for pedestrians and bicycles;

(vi)

environmental mitigation in or adjacent to tribal land—

(I)

to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and

(II)

to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem connectivity, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate;

(vii)

construction and reconstruction of roadside rest areas, including sanitary and water facilities; and

(viii)

other appropriate public road facilities as determined by the Secretary;

(B)

operation and maintenance of transit programs and facilities that are located on, or provide access to, tribal land, or are administered by a tribal government; and

(C)

any transportation project eligible for assistance under this title that is located within, or that provides access to, tribal land, or is associated with a tribal government.

(2)

Contract

In connection with an activity described in paragraph (1), the Secretary and the Secretary of the Interior may enter into a contract or other appropriate agreement with respect to the activity with—

(A)

a State (including a political subdivision of a State); or

(B)

an Indian tribe.

(3)

Indian labor

Indian labor may be employed, in accordance with such rules and regulations as may be promulgated by the Secretary of the Interior, to carry out any construction or other activity described in paragraph (1).

(4)

Federal employment

No maximum limitation on Federal employment shall be applicable to the construction or improvement of tribal transportation facilities.

(5)

Funds for construction and improvement

All funds made available for the construction and improvement of tribal transportation facilities shall be administered in conformity with regulations and agreements jointly approved by the Secretary and the Secretary of the Interior.

(6)

Administrative Expenses

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

(7)

Tribal technical assistance centers

The Secretary of the Interior may reserve amounts from administrative funds of the Bureau of Indian Affairs that are associated with the tribal transportation program to fund tribal technical assistance centers under section 504(b).

(8)

Maintenance

(A)

Use of funds

Notwithstanding any other provision of this title, of the amount of funds allocated to an Indian tribe from the tribal transportation program, for the purpose of maintenance (excluding road sealing, which shall not be subject to any limitation), the Secretary shall not use an amount more than the greater of—

(i)

an amount equal to 25 percent; or

(ii)

$500,000.

(B)

Responsibility of bureau of indian affairs and secretary of the interior

(i)

Bureau of indian affairs

The Bureau of Indian Affairs shall retain primary responsibility, including annual funding request responsibility, for Bureau of Indian Affairs road maintenance programs on Indian reservations.

(ii)

Secretary of the interior

The Secretary of the Interior shall ensure that funding made available under this subsection for maintenance of tribal transportation facilities for each fiscal year is supplementary to, and not in lieu of, any obligation of funds by the Bureau of Indian Affairs for road maintenance programs on Indian reservations.

(C)

Tribal-state road maintenance agreements

(i)

In general

An Indian tribe and a State may enter into a road maintenance agreement under which an Indian tribe shall assume the responsibility of the State for—

(I)

tribal transportation facilities; and

(II)

roads providing access to tribal transportation facilities.

(ii)

Requirements

Agreements entered into under clause (i) shall—

(I)

be negotiated between the State and the Indian tribe; and

(II)

not require the approval of the Secretary.

(9)

Cooperation

(A)

In general

The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.

(B)

Funds received

Any funds received from a State, county, or local subdivision shall be credited to appropriations available for the tribal transportation program.

(10)

Competitive bidding

(A)

Construction

(i)

In general

Subject to clause (ii) and subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding.

(ii)

Exception

Clause (i) shall not apply if the Secretary or the Secretary of the Interior affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest.

(B)

Applicability

Notwithstanding subparagraph (A), section 23 of the Act of June 25, 1910 (25 U.S.C. 47) and section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)) shall apply to all funds administered by the Secretary of the Interior that are appropriated for the construction and improvement of tribal transportation facilities.

(b)

Funds distribution

(1)

National tribal transportation facility inventory

(A)

In general

The Secretary of the Interior, in cooperation with the Secretary, shall maintain a comprehensive national inventory of tribal transportation facilities that are eligible for assistance under the tribal transportation program.

(B)

Transportation facilities included in the inventory

For purposes of identifying the tribal transportation system and determining the relative transportation needs among Indian tribes, the Secretary shall include, at a minimum, transportation facilities that are eligible for assistance under the tribal transportation program that an Indian tribe has requested, including facilities that—

(i)

were included in the Bureau of Indian Affairs system inventory prior to October 1, 2004;

(ii)

are owned by an Indian tribal government;

(iii)

are owned by the Bureau of Indian Affairs;

(iv)

were constructed or reconstructed with funds from the Highway Trust Fund under the Indian reservation roads program since 1983;

(v)

are public roads or bridges within the exterior boundary of Indian reservations, Alaska Native villages, and other recognized Indian communities (including communities in former Indian reservations in the State of Oklahoma) in which the majority of residents are American Indians or Alaska Natives;

(vi)

are public roads within or providing access to an Indian reservation or Indian trust land or restricted Indian land that is not subject to fee title alienation without the approval of the Federal Government, or Indian or Alaska Native villages, groups, or communities in which Indians and Alaska Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians; or

(vii)

are primary access routes proposed by tribal governments, including roads between villages, roads to landfills, roads to drinking water sources, roads to natural resources identified for economic development, and roads that provide access to intermodal terminals, such as airports, harbors, or boat landings.

(C)

Limitation on primary access routes

For purposes of this paragraph, a proposed primary access route is the shortest practicable route connecting 2 points of the proposed route.

(D)

Additional facilities

Nothing in this paragraph precludes the Secretary from including additional transportation facilities that are eligible for funding under the tribal transportation program in the inventory used for the national funding allocation if such additional facilities are included in the inventory in a uniform and consistent manner nationally.

(E)

Bridges

All bridges in the inventory shall be recorded in the national bridge inventory administered by the Secretary under section 144.

(2)

Regulations

Notwithstanding sections 563(a) and 565(a) of title 5, the Secretary of the Interior shall maintain any regulations governing the tribal transportation program.

(3)

Basis for funding formula

(A)

Basis

(i)

In general

After making the set asides authorized under subparagraph (C) and subsections (c), (d), and (e) on October 1 of each fiscal year, the Secretary shall distribute the remainder authorized to be appropriated for the tribal transportation program under this section among Indian tribes as follows:

(I)

For fiscal year 2013—

(aa)

for each Indian tribe, 80 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and

(bb)

the remainder using tribal shares as described in subparagraphs (B) and (C).

(II)

For fiscal year 2014—

(aa)

for each Indian tribe, 60 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and

(bb)

the remainder using tribal shares as described in subparagraphs (B) and (C).

(III)

For fiscal year 2015—

(aa)

for each Indian tribe, 40 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and

(bb)

the remainder using tribal shares as described in subparagraphs (B) and (C).

(IV)

For fiscal year 2016 and thereafter—

(aa)

for each Indian tribe, 20 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and

(bb)

the remainder using tribal shares as described in subparagraphs (B) and (C).

(ii)

Tribal high priority projects

The High Priority Projects program as included in the Tribal Transportation Allocation Methodology of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of the MAP–21), shall not continue in effect.

(B)

Tribal shares

Tribal shares under this program shall be determined using the national tribal transportation facility inventory as calculated for fiscal year 2012, and the most recent data on American Indian and Alaska Native population within each Indian tribe’s American Indian/Alaska Native Reservation or Statistical Area, as computed under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), in the following manner:

(i)

27 percent in the ratio that the total eligible road mileage in each tribe bears to the total eligible road mileage of all American Indians and Alaskan Natives. For the purposes of this calculation, eligible road mileage shall be computed based on the inventory described in paragraph (1), using only facilities included in the inventory described in clause (i), (ii), or (iii) of paragraph (1)(B).

(ii)

39 percent in the ratio that the total population in each tribe bears to the total population of all American Indians and Alaskan Natives.

(iii)

34 percent shall be divided equally among each Bureau of Indian Affairs region. Within each region, such share of funds shall be distributed to each Indian tribe in the ratio that the average total relative need distribution factors and population adjustment factors from fiscal years 2005 through 2011 for a tribe bears to the average total of relative need distribution factors and population adjustment factors for fiscal years 2005 through 2011 in that region.

(C)

Tribal supplemental funding

(i)

Tribal supplemental funding amount

Of funds made available for each fiscal year for the tribal transportation program, the Secretary shall set aside the following amount for a tribal supplemental program:

(I)

If the amount made available for the tribal transportation program is less than or equal to $275,000,000, 30 percent of such amount.

(II)

If the amount made available for the tribal transportation program exceeds $275,000,000—

(aa)

$82,500,000; plus

(bb)

12.5 percent of the amount made available for the tribal transportation program in excess of $275,000,000.

(ii)

Tribal supplemental allocation

The Secretary shall distribute tribal supplemental funds as follows:

(I)

Distribution among regions

Of the amounts set aside under clause (i), the Secretary shall distribute to each region of the Bureau of Indian Affairs a share of tribal supplemental funds in proportion to the regional total of tribal shares based on the cumulative tribal shares of all Indian tribes within such region under subparagraph (B).

(II)

Distribution within a region

Of the amount that a region receives under subclause (I), the Secretary shall distribute tribal supplemental funding among Indian tribes within such region as follows:

(aa)

Tribal supplemental amounts

The Secretary shall determine—

(AA)

which such Indian tribes would be entitled under subparagraph (A) to receive in a fiscal year less funding than they would receive in fiscal year 2011 pursuant to the relative need distribution factor and population adjustment factor, as described in subpart C of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of the MAP–21); and

(BB)

the combined amount that such Indian tribes would be entitled to receive in fiscal year 2011 pursuant to such relative need distribution factor and population adjustment factor in excess of the amount that they would be entitled to receive in the fiscal year under subparagraph (B).

(bb)

Combined amount

Subject to subclause (III), the Secretary shall distribute to each Indian tribe that meets the criteria described in item (aa)(AA) a share of funding under this subparagraph in proportion to the share of the combined amount determined under item (aa)(BB) attributable to such Indian tribe.

(III)

Ceiling

An Indian tribe may not receive under subclause (II) and based on its tribal share under subparagraph (A) a combined amount that exceeds the amount that such Indian tribe would be entitled to receive in fiscal year 2011 pursuant to the relative need distribution factor and population adjustment factor, as described in subpart C of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of the MAP–21).

(IV)

Other amounts

If the amount made available for a region under subclause (I) exceeds the amount distributed among Indian tribes within that region under subclause (II), the Secretary shall distribute the remainder of such region’s funding under such subclause among all Indian tribes in that region in proportion to the combined amount that each such Indian tribe received under subparagraph (A) and subclauses (I), (II), and (III).]

(4)

Transferred funds

(A)

In general

Not later than 30 days after the date on which funds are made available to the Secretary of the Interior under this paragraph, the funds shall be distributed to, and made available for immediate use by, eligible Indian tribes, in accordance with the formula for distribution of funds under the tribal transportation program.

(B)

Use of funds

Notwithstanding any other provision of this section, funds made available to Indian tribes for tribal transportation facilities shall be expended on projects identified in a transportation improvement program approved by the Secretary.

(5)

Health and safety assurances

Notwithstanding any other provision of law, an Indian tribal government may approve plans, specifications, and estimates and commence road and bridge construction with funds made available from the tribal transportation program through a contract or agreement under Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), if the Indian tribal government—

(A)

provides assurances in the contract or agreement that the construction will meet or exceed applicable health and safety standards;

(B)

obtains the advance review of the plans and specifications from a State-licensed civil engineer that has certified that the plans and specifications meet or exceed the applicable health and safety standards; and

(C)

provides a copy of the certification under subparagraph (A) to the Deputy Assistant Secretary for Tribal Government Affairs, Department of Transportation, or the Assistant Secretary for Indian Affairs, Department of the Interior, as appropriate.

(6)

Contracts and agreements with indian tribes

(A)

In general

Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available through the Secretary of the Interior under this chapter and section 125(e) for tribal transportation facilities to pay for the costs of programs, services, functions, and activities, or portions of programs, services, functions, or activities, that are specifically or functionally related to the cost of planning, research, engineering, and construction of any tribal transportation facility shall be made available, upon request of the Indian tribal government, to the Indian tribal government for contracts and agreements for such planning, research, engineering, and construction in accordance with Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

(B)

Exclusion of agency participation

All funds, including contract support costs, for programs, functions, services, or activities, or portions of programs, services, functions, or activities, including supportive administrative functions that are otherwise contractible to which subparagraph (A) applies, shall be paid in accordance with subparagraph (A), without regard to the organizational level at which the Department of the Interior has previously carried out such programs, functions, services, or activities.

(7)

Contracts and agreements with indian tribes

(A)

In general

Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available to an Indian tribal government under this chapter for a tribal transportation facility program or project shall be made available, on the request of the Indian tribal government, to the Indian tribal government for use in carrying out, in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), contracts and agreements for the planning, research, design, engineering, construction, and maintenance relating to the program or project.

(B)

Exclusion of agency participation

In accordance with subparagraph (A), all funds, including contract support costs, for a program or project to which subparagraph (A) applies shall be paid to the Indian tribal government without regard to the organizational level at which the Department of the Interior has previously carried out, or the Department of Transportation has previously carried out under the tribal transportation program, the programs, functions, services, or activities involved.

(C)

Consortia

Two or more Indian tribes that are otherwise eligible to participate in a program or project to which this chapter applies may form a consortium to be considered as a single Indian tribe for the purpose of participating in the project under this section.

(D)

Secretary as signatory

Notwithstanding any other provision of law, the Secretary is authorized to enter into a funding agreement with an Indian tribal government to carry out a tribal transportation facility program or project under subparagraph (A) that is located on an Indian reservation or provides access to the reservation or a community of the Indian tribe.

(E)

Funding

The amount an Indian tribal government receives for a program or project under subparagraph (A) shall equal the sum of the funding that the Indian tribal government would otherwise receive for the program or project in accordance with the funding formula established under this subsection and such additional amounts as the Secretary determines equal the amounts that would have been withheld for the costs of the Bureau of Indian Affairs for administration of the program or project.

(F)

Eligibility

(i)

In general

Subject to clause (ii) and the approval of the Secretary, funds may be made available under subparagraph (A) to an Indian tribal government for a program or project in a fiscal year only if the Indian tribal government requesting such funds demonstrates to the satisfaction of the Secretary financial stability and financial management capability during the 3 fiscal years immediately preceding the fiscal year for which the request is being made.

(ii)

Considerations

An Indian tribal government that had no uncorrected significant and material audit exceptions in the required annual audit of the contracts or self-governance funding agreements made by the Indian tribe with any Federal agency under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) during the 3-fiscal year period referred in clause (i) shall be conclusive evidence of the financial stability and financial management capability of the Indian tribe for purposes of clause (i).

(G)

Assumption of functions and duties

An Indian tribal government receiving funding under subparagraph (A) for a program or project shall assume all functions and duties that the Secretary of the Interior would have performed with respect to a program or project under this chapter, other than those functions and duties that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

(H)

Powers

An Indian tribal government receiving funding under subparagraph (A) for a program or project shall have all powers that the Secretary of the Interior would have exercised in administering the funds transferred to the Indian tribal government for such program or project under this section if the funds had not been transferred, except to the extent that such powers are powers that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

(I)

Dispute resolution

In the event of a disagreement between the Secretary or the Secretary of the Interior and an Indian tribe over whether a particular function, duty, or power may be lawfully transferred to the Indian tribe under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian tribe shall have the right to pursue all alternative dispute resolution and appeal procedures authorized by that Act, including regulations issued to carry out the Act.

(J)

Termination of contract or agreement

On the date of the termination of a contract or agreement under this section by an Indian tribal government, the Secretary shall transfer all funds that would have been allocated to the Indian tribal government under the contract or agreement to the Secretary of the Interior to provide continued transportation services in accordance with applicable law.

(c)

Planning

(1)

In general

For each fiscal year, not more than 2 percent of the funds made available for the tribal transportation program shall be allocated among Indian tribal governments that apply for transportation planning pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

(2)

Requirement

An Indian tribal government, in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning organization, shall carry out a transportation planning process in accordance with section 201(c).

(3)

Selection and approval of projects

A project funded under this section shall be—

(A)

selected by the Indian tribal government from the transportation improvement program; and

(B)

subject to the approval of the Secretary of the Interior and the Secretary.

(d)

Tribal transportation facility bridges

(1)

Nationwide priority program

The Secretary shall maintain a nationwide priority program for improving deficient bridges eligible for the tribal transportation program.

(2)

Funding

Before making any distribution under subsection (b), the Secretary shall set aside not more than 2 percent of the funds made available under the tribal transportation program for each fiscal year to be allocated—

(A)

to carry out any planning, design, engineering, preconstruction, construction, and inspection of a project to replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing composition; or

(B)

to implement any countermeasure for deficient tribal transportation facility bridges, including multiple-pipe culverts.

(3)

Eligible bridges

To be eligible to receive funding under this subsection, a bridge described in paragraph (1) shall—

(A)

have an opening of not less than 20 feet;

(B)

be classified as a tribal transportation facility; and

(C)

be structurally deficient or functionally obsolete.

(4)

Approval requirement

The Secretary may make funds available under this subsection for preliminary engineering, construction, and construction engineering activities after approval of required documentation and verification of eligibility in accordance with this title.

(e)

Safety

(1)

Funding

Before making any distribution under subsection (b), the Secretary shall set aside not more than 2 percent of the funds made available under the tribal transportation program for each fiscal year to be allocated based on an identification and analysis of highway safety issues and opportunities on tribal land, as determined by the Secretary, on application of the Indian tribal governments for eligible projects described in section 148(a)(4).

(2)

Project selection

An Indian tribal government, in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning organization, shall select projects from the transportation improvement program, subject to the approval of the Secretary and the Secretary of the Interior.

(f)

Federal-aid eligible projects

Before approving as a project on a tribal transportation facility any project eligible for funds apportioned under section 104 in a State, the Secretary shall, for projects on tribal transportation facilities, determine that the obligation of funds for the project is supplementary to and not in lieu of the obligation of a fair and equitable share of funds apportioned to the State under section 104.

203.

Federal lands transportation program

(a)

Use of funds

(1)

In general

Funds made available under the Federal lands transportation program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the costs of—

(A)

program administration, transportation planning, research, preventive maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of Federal lands transportation facilities, and—

(i)

adjacent vehicular parking areas;

(ii)

acquisition of necessary scenic easements and scenic or historic sites;

(iii)

provision for pedestrians and bicycles;

(iv)

environmental mitigation in or adjacent to Federal land open to the public—

(I)

to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and

(II)

to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem connectivity, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate;

(v)

construction and reconstruction of roadside rest areas, including sanitary and water facilities;

(vi)

congestion mitigation; and

(vii)

other appropriate public road facilities, as determined by the Secretary;

(B)

operation and maintenance of transit facilities;

(C)

any transportation project eligible for assistance under this title that is on a public road within or adjacent to, or that provides access to, Federal lands open to the public; and

(D)

not more $10,000,000 of the amounts made available per fiscal year to carry out this section for activities eligible under subparagraph (A)(iv).

(2)

Contract

In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with—

(A)

a State (including a political subdivision of a State); or

(B)

an Indian tribe.

(3)

Administration

All appropriations for the construction and improvement of Federal lands transportation facilities shall be administered in conformity with regulations and agreements jointly approved by the Secretary and the Secretary of the appropriate Federal land managing agency.

(4)

Cooperation

(A)

In general

The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.

(B)

Funds received

Any funds received from a State, county, or local subdivision shall be credited to appropriations available for the class of Federal lands transportation facilities to which the funds were contributed.

(5)

Competitive bidding

(A)

In general

Subject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding.

(B)

Exception

Subparagraph (A) shall not apply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest.

(b)

Agency program distributions

(1)

In general

On October 1, 2011, and on October 1 of each fiscal year thereafter, the Secretary shall allocate the sums authorized to be appropriated for the fiscal year for the Federal lands transportation program on the basis of applications of need, as determined by the Secretary—

(A)

in consultation with the Secretaries of the applicable Federal land management agencies; and

(B)

in coordination with the transportation plans required under section 201 of the respective transportation systems of—

(i)

the National Park Service;

(ii)

the Forest Service;

(iii)

the United States Fish and Wildlife Service;

(iv)

the Corps of Engineers; and

(v)

the Bureau of Land Management.

(2)

Applications

(A)

Requirements

Each application submitted by a Federal land management agency shall include proposed programs at various potential funding levels, as defined by the Secretary following collaborative discussions with applicable Federal land management agencies.

(B)

Consideration by secretary

In evaluating an application submitted under subparagraph (A), the Secretary shall consider the extent to which the programs support—

(i)

the transportation goals of—

(I)

a state of good repair of transportation facilities;

(II)

a reduction of bridge deficiencies, and

(III)

an improvement of safety;

(ii)

high-use Federal recreational sites or Federal economic generators; and

(iii)

the resource and asset management goals of the Secretary of the respective Federal land management agency.

(C)

Permissive contents

Applications may include proposed programs the duration of which extend over a multiple-year period to support long-term transportation planning and resource management initiatives.

(c)

National federal lands transportation facility inventory

(1)

In general

The Secretaries of the appropriate Federal land management agencies, in cooperation with the Secretary, shall maintain a comprehensive national inventory of public Federal lands transportation facilities.

(2)

Transportation facilities included in the inventories

To identify the Federal lands transportation system and determine the relative transportation needs among Federal land management agencies, the inventories shall include, at a minimum, facilities that—

(A)

provide access to high-use Federal recreation sites or Federal economic generators, as determined by the Secretary in coordination with the respective Secretaries of the appropriate Federal land management agencies; and

(B)

are owned by 1 of the following agencies:

(i)

The National Park Service.

(ii)

The Forest Service.

(iii)

The United States Fish and Wildlife Service.

(iv)

The Bureau of Land Management.

(v)

The Corps of Engineers.

(3)

Availability

The inventories shall be made available to the Secretary.

(4)

Updates

The Secretaries of the appropriate Federal land management agencies shall update the inventories of the appropriate Federal land management agencies, as determined by the Secretary after collaborative discussions with the Secretaries of the appropriate Federal land management agencies.

(5)

Review

A decision to add or remove a facility from the inventory shall not be considered a Federal action for purposes of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(d)

Bicycle safety

The Secretary of the appropriate Federal land management agency shall prohibit the use of bicycles on each federally owned road that has a speed limit of 30 miles per hour or greater and an adjacent paved path for use by bicycles within 100 yards of the road unless the Secretary determines that the bicycle level of service on that roadway is rated B or higher.

204.

Federal lands access program

(a)

Use of funds

(1)

In general

Funds made available under the Federal lands access program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the cost of—

(A)

transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration, construction, and reconstruction of Federal lands access transportation facilities located on or adjacent to, or that provide access to, Federal land, and—

(i)

adjacent vehicular parking areas;

(ii)

acquisition of necessary scenic easements and scenic or historic sites;

(iii)

provisions for pedestrians and bicycles;

(iv)

environmental mitigation in or adjacent to Federal land to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;

(v)

construction and reconstruction of roadside rest areas, including sanitary and water facilities; and

(vi)

other appropriate public road facilities, as determined by the Secretary;

(B)

operation and maintenance of transit facilities; and

(C)

any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, Federal land.

(2)

Contract

In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with—

(A)

a State (including a political subdivision of a State); or

(B)

an Indian tribe.

(3)

Administration

All appropriations for the construction and improvement of Federal lands access transportation facilities shall be administered in conformity with regulations and agreements approved by the Secretary.

(4)

Cooperation

(A)

In general

The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.

(B)

Funds received

Any funds received from a State, county, or local subdivision for a Federal lands access transportation facility project shall be credited to appropriations available under the Federal lands access program.

(5)

Competitive bidding

(A)

In general

Subject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding.

(B)

Exception

Subparagraph (A) shall not apply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest.

(b)

Program distributions

(1)

In general

Funding made available to carry out the Federal lands access program shall be allocated among those States that have Federal land, in accordance with the following formula:

(A)

80 percent of the available funding for use in those States that contain at least 1 1/2 percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows:

(i)

30 percent in the ratio that—

(I)

recreational visitation within each such State; bears to

(II)

the recreational visitation within all such States.

(ii)

5 percent in the ratio that—

(I)

the Federal land area within each such State; bears to

(II)

the Federal land area in all such States.

(iii)

55 percent in the ratio that—

(I)

the Federal public road miles within each such State; bears to

(II)

the Federal public road miles in all such States.

(iv)

10 percent in the ratio that—

(I)

the number of Federal public bridges within each such State; bears to

(II)

the number of Federal public bridges in all such States.

(B)

20 percent of the available funding for use in those States that do not contain at least 1 1/2 percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows:

(i)

30 percent in the ratio that—

(I)

recreational visitation within each such State; bears to

(II)

the recreational visitation within all such States.

(ii)

5 percent in the ratio that—

(I)

the Federal land area within each such State; bears to

(II)

the Federal land area in all such States.

(iii)

55 percent in the ratio that—

(I)

the Federal public road miles within each such State; bears to

(II)

the Federal public road miles in all such States.

(iv)

10 percent in the ratio that—

(I)

the number of Federal public bridges within each such State; bears to

(II)

the number of Federal public bridges in all such States.

(2)

Data source

Data necessary to distribute funding under paragraph (1) shall be provided by the following Federal land management agencies:

(A)

The National Park Service.

(B)

The Forest Service.

(C)

The United States Fish and Wildlife Service.

(D)

The Bureau of Land Management.

(E)

The Corps of Engineers.

(c)

Programming decisions committee

(1)

In general

Programming decisions shall be made within each State by a committee comprised of—

(A)

a representative of the Federal Highway Administration;

(B)

a representative of the State Department of Transportation; and

(C)

a representative of any appropriate political subdivision of the State.

(2)

Consultation requirement

The committee described in paragraph (1) shall cooperate with each applicable Federal agency in each State before any joint discussion or final programming decision.

(3)

Project preference

In making a programming decision under paragraph (1), the committee shall give preference to projects that provide access to, are adjacent to, or are located within high-use Federal recreation sites or Federal economic generators, as identified by the Secretaries of the appropriate Federal land management agencies.

.

(b)

Public lands development roads and trails

Section 214 of title 23, United States Code, is repealed.

(c)

Conforming amendments

(1)

Chapter 2 analysis

The analysis for chapter 2 of title 23, United States Code, is amended—

(A)

by striking the items relating to sections 201 through 204 and inserting the following:

201. Federal lands and tribal transportation programs.

202. Tribal transportation program.

203. Federal lands transportation program.

204. Federal lands access program.

; and

(B)

by striking the item relating to section 214.

(2)

Definition

Section 138(a) of title 23, United States Code, is amended in the third sentence by striking park road or parkway under section 204 of this title and inserting Federal lands transportation facility.

(3)

Rules, regulations, and recommendations

Section 315 of title 23, United States Code, is amended by striking 204(f) and inserting 202(a)(5), 203(a)(3),.

1120.

Projects of national and regional significance

Section 1301 of the SAFETEA–LU (23 U.S.C. 101 note; 119 Stat. 1198) is amended—

(1)

in subsection (b), by striking States and inserting eligible applicants;

(2)

in subsection (c), by striking paragraph (3) and inserting the following:

(3)

Eligible applicant

The term eligible applicant means—

(A)

a State department of transportation or a group of State departments of transportation;

(B)

a tribal government or consortium of tribal governments;

(C)

a transit agency; or

(D)

a multi-State or multi-jurisdictional group of the agencies described in subparagraphs (A) through (C).

;

(3)

in subsection (d)(2), by striking 75 and inserting 50;

(4)

in subsection (e), by striking State and inserting eligible applicant;

(5)

in subsection (f)(3) by striking subparagraph (B) and inserting the following:

(B)

improves roadways vital to national energy security; and

;

(6)

in subsection (g)(1) by adding at the end the following:

(E)

Congressional approval

The Secretary may not issue a letter of intent, enter into a full funding grant agreement under paragraph (2), or make any other obligation or commitment to fund a project under this section if a joint resolution of disapproval is enacted disapproving funding for the project before the last day of the 60-day period described in subparagraph (B).

;

(7)

in subsection (k), by adding at the end the following:

(3)

Project selection justifications

(A)

In general

Not later than 30 days after the date on which the Secretary selects a project for funding under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the reasons for selecting the project, based on the criteria described in subsection (f).

(B)

Inclusions

The report submitted under subparagraph (A) shall specify each criteria described in subsection (f) that the project meets.

(C)

Availability

The Secretary shall make available on the website of the Department the report submitted under subparagraph (A).

; and

(8)

by striking subsections (l) and (m) and inserting the following:

(l)

Report

(1)

In general

Not later than 2 years after the date of enactment of the MAP–21, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate regarding projects of national and regional significance.

(2)

Purpose

The purpose of the report issued under this subsection shall be to identify projects of national and regional significance that—

(A)

will significantly improve the performance of the Federal-aid highway system, nationally or regionally;

(B)

is able to—

(i)

generate national economic benefits that reasonably exceed the costs of the projects, including increased access to jobs, labor, and other critical economic inputs;

(ii)

reduce long-term congestion, including impacts in the State, region, and the United States, and increase speed, reliability, and accessibility of the movement of people or freight; and

(iii)

improve transportation safety, including reducing transportation accidents, and serious injuries and fatalities; and

(C)

can be supported by an acceptable degree of non-Federal financial commitments.

(3)

Contents

The report issued under this subsection shall include—

(A)

a comprehensive list of each project of national and regional significance that—

(i)

has been complied through a survey of State departments of transportation; and

(ii)

has been classified by the Secretary as a project of regional or national significance in accordance with this section;

(B)

an analysis of the information collected under paragraph (1), including a discussion of the factors supporting each classification of a project as a project of regional or national significance; and

(C)

recommendations on financing for eligible project costs.

(m)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $500,000,000 for fiscal year 2013, to remain available until expended.

.

1121.

Construction of ferry boats and ferry terminal facilities

(a)

Construction of ferry boats and ferry terminal facilities

Section 147 of title 23, United States Code, is amended—

(1)

by striking subsections (c) and (d);

(2)

by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and

(3)

by inserting after subsection (b) the following:

(c)

Distribution of funds

Of the amounts made available to ferry systems and public entities responsible for developing ferries under this section for a fiscal year, 100 percent shall be allocated in accordance with the formula set forth in subsection (d).

(d)

Formula

Of the amounts allocated pursuant to subsection (c)—

(1)

20 percent shall be allocated among eligible entities in the proportion that—

(A)

the number of ferry passengers carried by each ferry system in the most recent fiscal year; bears to

(B)

the number of ferry passengers carried by all ferry systems in the most recent fiscal year;

(2)

45 percent shall be allocated among eligible entities in the proportion that—

(A)

the number of vehicles carried by each ferry system in the most recent fiscal year; bears to

(B)

the number of vehicles carried by all ferry systems in the most recent fiscal year; and

(3)

35 percent shall be allocated among eligible entities in the proportion that—

(A)

the total route miles serviced by each ferry system; bears to

(B)

the total route miles serviced by all ferry systems.

(e)

Authorization of appropriations

There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $67,000,000 for each of fiscal years 2013 and 2014.

.

(b)

National ferry database

Section 1801(e) of the SAFETEA–LU (23 U.S.C. 129 note; Public Law 109–59) is amended—

(1)

in paragraph (2), by inserting , including any Federal, State, and local government funding sources, after sources; and

(2)

in paragraph (4)—

(A)

in subparagraph (B), by striking and at the end;

(B)

by redesignating subparagraph (C) as subparagraph (D);

(C)

by inserting after subparagraph (B), the following:

(C)

ensure that the database is consistent with the national transit database maintained by the Federal Transit Administration; and

; and

(D)

in subparagraph (D) (as redesignated by subparagraph (B)), by striking 2009 and inserting 2014.

1122.

Transportation alternatives

(a)

In general

Section 213 of title 23, United States Code, is amended to read as follows:

213.

Transportation alternatives

(a)

Reservation of funds

(1)

In general

On October 1 of each of fiscal years 2013 and 2014, the Secretary shall proportionally reserve from the funds apportioned to a State under section 104(b) to carry out the requirements of this section an amount equal to the amount obtained by multiplying the amount determined under paragraph (2) by the ratio that—

(A)

the amount apportioned to the State for the transportation enhancements program for fiscal year 2009 under section 133(d)(2), as in effect on the day before the date of enactment of the MAP-21; bears to

(B)

the total amount of funds apportioned to all States for that fiscal year for the transportation enhancements program for fiscal year 2009.

(2)

Calculation of national amount

The Secretary shall determine an amount for each fiscal year that is equal to 2 percent of the amounts authorized to be appropriated for such fiscal year from the Highway Trust Fund (other than the Mass Transit Account) to carry out chapters 1, 2, 5, and 6 of this title.

(b)

Eligible projects

A State may obligate the funds reserved under this section for any of the following projects or activities:

(1)

Transportation alternatives, as defined in section 101.

(2)

The recreational trails program under section 206.

(3)

The safe routes to school program under section 1404 of the SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–59).

(4)

Planning, designing, or constructing boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways.

(c)

Allocations of funds

(1)

Calculation

Of the funds reserved in a State under this section—

(A)

50 percent for a fiscal year shall be obligated under this section to any eligible entity in proportion to their relative shares of the population of the State—

(i)

in urbanized areas of the State with an urbanized area population of over 200,000;

(ii)

in areas of the State other than urban areas with a population greater than 5,000; and

(iii)

in other areas of the State; and

(B)

50 percent shall be obligated in any area of the State.

(2)

Metropolitan areas

Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area.

(3)

Distribution among urbanized areas of over 200,000 population

(A)

In general

Except as provided in paragraph (1)(B), the amount of funds that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas.

(B)

Other factors

A State may obligate the funds described in subparagraph (A) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request.

(4)

Access to funds

(A)

In general

Each State or metropolitan planning organization required to obligate funds in accordance with paragraph (1) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection.

(B)

Definition of eligible entity

In this paragraph, the term eligible entity means—

(i)

a local government;

(ii)

a regional transportation authority;

(iii)

a transit agency;

(iv)

a natural resource or public land agency;

(v)

a school district, local education agency, or school;

(vi)

a tribal government; and

(vii)

any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization or a State agency) that the State determines to be eligible, consistent with the goals of this subsection.

(5)

Selection of projects

For funds reserved in a State under this section and suballocated to a metropolitan planning area under paragraph (1)(A)(i), each such metropolitan planning organization shall select projects carried out within the boundaries of the applicable metropolitan planning area, in consultation with the relevant State.

(d)

Flexibility of excess reserved funding

Beginning in the second fiscal year after the date of enactment of the MAP-21, if on August 1 of that fiscal year the unobligated balance of available funds reserved by a State under this section exceeds 100 percent of such reserved amount in such fiscal year, the State may thereafter obligate the amount of excess funds for any activity—

(1)

that is eligible to receive funding under this section; or

(2)

for which the Secretary has approved the obligation of funds for any State under section 149.

(e)

Treatment of projects

Notwithstanding any other provision of law, projects funded under this section (excluding those carried out under subsection (f)) shall be treated as projects on a Federal-aid highway under this chapter.

(f)

Continuation of certain recreational trails projects

Each State shall—

(1)

obligate an amount of funds reserved under this section equal to the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2) for projects relating to recreational trails under section 206;

(2)

return 1 percent of those funds to the Secretary for the administration of that program; and

(3)

comply with the provisions of the administration of the recreational trails program under section 206, including the use of apportioned funds described under subsection (d)(3)(A) of that section.

(g)

State flexibility

A State may opt out of the recreational trails program under subsection (f) if the Governor of the State notifies the Secretary not later than 30 days prior to apportionments being made for any fiscal year.

.

(b)

Conforming amendment

The analysis for chapter 2 of title 23, United States Code, is amended by striking the item relating to section 213 and inserting the following:

213. Transportation alternatives

.

1123.

Tribal high priority projects program

(a)

Definitions

In this section:

(1)

Emergency or disaster

The term emergency or disaster means damage to a tribal transportation facility that—

(A)

renders the tribal transportation facility impassable or unusable;

(B)

is caused by—

(i)

a natural disaster over a widespread area; or

(ii)

a catastrophic failure from an external cause; and

(C)

would be eligible under the emergency relief program under section 125 of title 23, United States Code, but does not meet the funding thresholds required by that section.

(2)

List

The term list means the funding priority list developed under subsection (c)(5).

(3)

Program

The term program means the Tribal High Priority Projects program established under subsection (b)(1).

(4)

Project

The term project means a project provided funds under the program.

(b)

Program

(1)

In general

The Secretary shall use amounts made available under subsection (h) to carry out a Tribal High Priority Projects program under which funds shall be provided to eligible applicants in accordance with this section.

(2)

Eligible applicants

Applicants eligible for program funds under this section include—

(A)

an Indian tribe whose annual allocation of funding under section 202 of title 23, United States Code, is insufficient to complete the highest priority project of the Indian tribe;

(B)

a governmental subdivision of an Indian tribe—

(i)

that is authorized to administer the funding of the Indian tribe under section 202 of title 23, United States Code; and

(ii)

for which the annual allocation under that section is insufficient to complete the highest priority project of the Indian tribe; or

(C)

any Indian tribe that has an emergency or disaster with respect to a transportation facility included on the national inventory of tribal transportation facilities under section 202(b)(1) of title 23, United States Code.

(c)

Project applications; funding

(1)

In general

To apply for funds under this section, an eligible applicant shall submit to the Department of the Interior or the Department an application that includes—

(A)

project scope of work, including deliverables, budget, and timeline;

(B)

the amount of funds requested;

(C)

project information addressing—

(i)

the ranking criteria identified in paragraph (3); or

(ii)

the nature of the emergency or disaster;

(D)

documentation that the project meets the definition of a tribal transportation facility and is included in the national inventory of tribal transportation facilities under section 202(b)(1) of title 23, United States Code;

(E)

documentation of official tribal action requesting the project;

(F)

documentation from the Indian tribe providing authority for the Secretary of the Interior to place the project on a transportation improvement program if the project is selected and approved; and

(G)

any other information the Secretary of the Interior or Secretary considers appropriate to make a determination.

(2)

Limitation on applications

An applicant for funds under the program may only have 1 application for assistance under this section pending at any 1 time, including any emergency or disaster application.

(3)

Application ranking

(A)

In general

The Secretary of the Interior and the Secretary shall determine the eligibility of, and fund, program applications, subject to the availability of funds.

(B)

Ranking criteria

The project ranking criteria for applications under this section shall include—

(i)

the existence of safety hazards with documented fatality and injury accidents;

(ii)

the number of years since the Indian tribe last completed a construction project funded by section 202 of title 23, United States Code;

(iii)

the readiness of the Indian tribe to proceed to construction or bridge design need;

(iv)

the percentage of project costs matched by funds that are not provided under section 202 of title 23, United States Code, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches);

(v)

the amount of funds requested, with requests for lesser amounts given greater priority;

(vi)

the challenges caused by geographic isolation; and

(vii)

all weather access for employment, commerce, health, safety, educational resources, or housing.

(4)

Project scoring matrix

The project scoring matrix established in the appendix to part 170 of title 25, Code of Regulations (as in effect on the date of enactment of this Act) shall be used to rank all applications accepted under this section.

(5)

Funding priority list

(A)

In general

The Secretary of the Interior and the Secretary shall jointly produce a funding priority list that ranks the projects approved for funding under the program.

(B)

Limitation

The number of projects on the list shall be limited by the amount of funding made available.

(6)

Timeline

The Secretary of the Interior and the Secretary shall—

(A)

require applications for funding no sooner than 60 days after funding is made available pursuant to subsection (a);

(B)

notify all applicants and Regions in writing of acceptance of applications;

(C)

rank all accepted applications in accordance with the project scoring matrix, develop the funding priority list, and return unaccepted applications to the applicant with an explanation of deficiencies;

(D)

notify all accepted applicants of the projects included on the funding priority list no later than 180 days after the application deadline has passed pursuant to subparagraph (A); and

(E)

distribute funds to successful applicants.

(d)

Emergency or disaster project applications

(1)

In general

Notwithstanding subsection (c)(6), an eligible applicant may submit an emergency or disaster project application at any time during the fiscal year.

(2)

Consideration as priority

The Secretary shall—

(A)

consider project applications submitted under paragraph (1) to be a priority; and

(B)

fund the project applications in accordance with paragraph (3).

(3)

Funding

(A)

In general

If an eligible applicant submits an application for a project under this subsection before the issuance of the list under subsection (c)(5) and the project is determined to be eligible for program funds, the Secretary of the Interior shall provide funding for the project before providing funding for other approved projects on the list.

(B)

Submission after issuance of list

If an eligible applicant submits an application under this subsection after the issuance of the list under subsection (c)(5) and the distribution of program funds in accordance with the list, the Secretary of the Interior shall provide funding for the project on the date on which unobligated funds provided to projects on the list are returned to the Department of the Interior.

(C)

Effect on other projects

If the Secretary of the Interior uses funding previously designated for a project on the list to fund an emergency or disaster project under this subsection, the project on the list that did not receive funding as a result of the redesignation of funds shall move to the top of the list the following year.

(4)

Emergency or disaster project cost

The cost of a project submitted as an emergency or disaster under this subsection shall be at least 10 percent of the distribution of funds of the Indian tribe under section 202(b) of title 23, United States Code.

(e)

Limitation on use of funds

Program funds shall not be used for—

(1)

transportation planning;

(2)

research;

(3)

routine maintenance activities;

(4)

structures and erosion protection unrelated to transportation and roadways;

(5)

general reservation planning not involving transportation;

(6)

landscaping and irrigation systems not involving transportation programs and projects;

(7)

work performed on projects that are not included on a transportation improvement program approved by the Federal Highway Administration, unless otherwise authorized by the Secretary of the Interior and the Secretary;

(8)

the purchase of equipment unless otherwise authorized by Federal law; or

(9)

the condemnation of land for recreational trails.

(f)

Limitation on project amounts

Project funding shall be limited to a maximum of $1,000,000 per application, except that funding for disaster or emergency projects shall also be limited to the estimated cost of repairing damage to the tribal transportation facility.

(g)

Cost estimate certification

All cost estimates prepared for a project shall be required to be submitted by the applicant to the Secretary of the Interior and the Secretary for certification and approval.

(h)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated $30,000,000 out of the general fund of the Treasury to carry out the program for each of fiscal years 2013 and 2014.

(2)

Administration

The funds made available under paragraph (1) shall be administered in the same manner as funds made available for the tribal transportation program under section 202 of title 23, United States Code, except that—

(A)

the funds made available for the program shall remain available until September 30 of the third fiscal year after the year appropriated; and

(B)

the Federal share of the cost of a project shall be 100 percent.

B

Performance management

1201.

Metropolitan transportation planning

(a)

In general

Section 134 of title 23, United States Code, is amended to read as follows:

134.

Metropolitan transportation planning

(a)

Policy

It is in the national interest—

(1)

to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and

(2)

to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 135(d).

(b)

Definitions

In this section and section 135, the following definitions apply:

(1)

Metropolitan planning area

The term metropolitan planning area means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e).

(2)

Metropolitan planning organization

The term metropolitan planning organization means the policy board of an organization established as a result of the designation process under subsection (d).

(3)

Nonmetropolitan area

The term nonmetropolitan area means a geographic area outside designated metropolitan planning areas.

(4)

Nonmetropolitan local official

The term nonmetropolitan local official means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation.

(5)

Regional transportation planning organization

The term regional transportation planning organization means a policy board of an organization established as the result of a designation under section 135(m).

(6)

TIP

The term TIP means a transportation improvement program developed by a metropolitan planning organization under subsection (j).

(7)

Urbanized area

The term urbanized area means a geographic area with a population of 50,000 or more, as determined by the Bureau of the Census.

(c)

General requirements

(1)

Development of long-range plans and tips

To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs through a performance-driven, outcome-based approach to planning for metropolitan areas of the State.

(2)

Contents

The plans and TIPs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States.

(3)

Process of development

The process for developing the plans and TIPs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.

(d)

Designation of metropolitan planning organizations

(1)

In general

To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals—

(A)

by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as determined by the Bureau of the Census); or

(B)

in accordance with procedures established by applicable State or local law.

(2)

Structure

Not later than 2 years after the date of enactment of MAP-21, each metropolitan planning organization that serves an area designated as a transportation management area shall consist of—

(A)

local elected officials;

(B)

officials of public agencies that administer or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation; and

(C)

appropriate State officials.

(3)

Limitation on statutory construction

Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities—

(A)

to develop the plans and TIPs for adoption by a metropolitan planning organization; and

(B)

to develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.

(4)

Continuing designation

A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5).

(5)

Redesignation procedures

(A)

In general

A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as determined by the Bureau of the Census) as appropriate to carry out this section.

(B)

Restructuring

A metropolitan planning organization may be restructured to meet the requirements of paragraph (2) without undertaking a redesignation.

(6)

Designation of more than 1 metropolitan planning organization

More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate.

(e)

Metropolitan planning area boundaries

(1)

In general

For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor.

(2)

Included area

Each metropolitan planning area—

(A)

shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and

(B)

may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census.

(3)

Identification of new urbanized areas within existing planning area boundaries

The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization.

(4)

Existing metropolitan planning areas in nonattainment

(A)

In general

Notwithstanding paragraph (2), except as provided in subparagraph (B), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date of enactment of the SAFETEA–LU, the boundaries of the metropolitan planning area in existence as of such date of enactment shall be retained.

(B)

Exception

The boundaries described in subparagraph (A) may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (d)(5).

(5)

New metropolitan planning areas in nonattainment

In the case of an urbanized area designated after the date of enactment of the SAFETEA–LU, as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area—

(A)

shall be established in the manner described in subsection (d)(1);

(B)

shall encompass the areas described in paragraph (2)(A);

(C)

may encompass the areas described in paragraph (2)(B); and

(D)

may address any nonattainment area identified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide.

(f)

Coordination in multistate areas

(1)

In general

The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area.

(2)

Interstate compacts

The consent of Congress is granted to any 2 or more States—

(A)

to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and

(B)

to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective.

(3)

Reservation of rights

The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved.

(g)

MPO consultation in plan and TIP coordination

(1)

Nonattainment areas

If more than 1 metropolitan planning organization has authority within a metropolitan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section.

(2)

Transportation improvements located in multiple MPOs

If a transportation improvement, funded from the Highway Trust Fund or authorized under chapter 53 of title 49, is located within the boundaries of more than 1 metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transportation improvement.

(3)

Relationship with other planning officials

(A)

In general

The Secretary shall encourage each metropolitan planning organization to consult with officials responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities.

(B)

Requirements

Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by—

(i)

recipients of assistance under chapter 53 of title 49;

(ii)

governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and

(iii)

recipients of assistance under section 204.

(h)

Scope of planning process

(1)

In general

The metropolitan planning process for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will—

(A)

support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency;

(B)

increase the safety of the transportation system for motorized and nonmotorized users;

(C)

increase the security of the transportation system for motorized and nonmotorized users;

(D)

increase the accessibility and mobility of people and for freight;

(E)

protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;

(F)

enhance the integration and connectivity of the transportation system, across and between modes, for people and freight;

(G)

promote efficient system management and operation; and

(H)

emphasize the preservation of the existing transportation system.

(2)

Performance-based approach

(A)

In general

The metropolitan transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of this title and in section 5301(c) of title 49.

(B)

Performance targets

(i)

Surface transportation performance targets

(I)

In general

Each metropolitan planning organization shall establish performance targets that address the performance measures described in section 150(c), where applicable, to use in tracking progress towards attainment of critical outcomes for the region of the metropolitan planning organization.

(II)

Coordination

Selection of performance targets by a metropolitan planning organization shall be coordinated with the relevant State to ensure consistency, to the maximum extent practicable.

(ii)

Public transportation performance targets

Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d) of title 49.

(C)

Timing

Each metropolitan planning organization shall establish the performance targets under subparagraph (B) not later than 180 days after the date on which the relevant State or provider of public transportation establishes the performance targets.

(D)

Integration of other performance-based plans

A metropolitan planning organization shall integrate in the metropolitan transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in other State transportation plans and transportation processes, as well as any plans developed under chapter 53 of title 49 by providers of public transportation, required as part of a performance-based program.

(3)

Failure to consider factors

The failure to consider any factor specified in paragraphs (1) and (2) shall not be reviewable by any court under this title or chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certification of a planning process.

(i)

Development of transportation plan

(1)

Requirements

(A)

In general

Each metropolitan planning organization shall prepare and update a transportation plan for its metropolitan planning area in accordance with the requirements of this subsection.

(B)

Frequency

(i)

In general

The metropolitan planning organization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of the following:

(I)

Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).

(II)

Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a).

(ii)

Other areas

In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more frequently.

(2)

Transportation plan

A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following:

(A)

Identification of transportation facilities

(i)

In general

An identification of transportation facilities (including major roadways, transit, multimodal and intermodal facilities, nonmotorized transportation facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions.

(ii)

Factors

In formulating the transportation plan, the metropolitan planning organization shall consider factors described in subsection (h) as the factors relate to a 20-year forecast period.

(B)

Performance measures and targets

A description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (h)(2).

(C)

System performance report

A system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (h)(2), including—

(i)

progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; and

(ii)

for metropolitan planning organizations that voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the conditions and performance of the transportation system and how changes in local policies and investments have impacted the costs necessary to achieve the identified performance targets.

(D)

Mitigation activities

(i)

In general

A long-range transportation plan shall include a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan.

(ii)

Consultation

The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.

(E)

Financial plan

(i)

In general

A financial plan that—

(I)

demonstrates how the adopted transportation plan can be implemented;

(II)

indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and

(III)

recommends any additional financing strategies for needed projects and programs.

(ii)

Inclusions

The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available.

(iii)

Cooperative development

For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation.

(F)

Operational and management strategies

Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods.

(G)

Capital investment and other strategies

Capital investment and other strategies to preserve the existing and projected future metropolitan transportation infrastructure and provide for multimodal capacity increases based on regional priorities and needs.

(H)

Transportation and transit enhancement activities

Proposed transportation and transit enhancement activities.

(3)

Coordination with clean air act agencies

In metropolitan areas that are in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the metropolitan planning organization shall coordinate the development of a transportation plan with the process for development of the transportation control measures of the State implementation plan required by that Act.

(4)

Optional scenario development

(A)

In general

A metropolitan planning organization may, while fitting the needs and complexity of its community, voluntarily elect to develop multiple scenarios for consideration as part of the development of the metropolitan transportation plan, in accordance with subparagraph (B).

(B)

Recommended components

A metropolitan planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider—

(i)

potential regional investment strategies for the planning horizon;

(ii)

assumed distribution of population and employment;

(iii)

a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2);

(iv)

a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible;

(v)

revenue constrained scenarios based on the total revenues expected to be available over the forecast period of the plan; and

(vi)

estimated costs and potential revenues available to support each scenario.

(C)

Metrics

In addition to the performance measures identified in section 150(c), metropolitan planning organizations may evaluate scenarios developed under this paragraph using locally-developed measures.

(5)

Consultation

(A)

In general

In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of a long-range transportation plan.

(B)

Issues

The consultation shall involve, as appropriate—

(i)

comparison of transportation plans with State conservation plans or maps, if available; or

(ii)

comparison of transportation plans to inventories of natural or historic resources, if available.

(6)

Participation by interested parties

(A)

In general

Each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the transportation plan.

(B)

Contents of participation plan

A participation plan—

(i)

shall be developed in consultation with all interested parties; and

(ii)

shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan.

(C)

Methods

In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—

(i)

hold any public meetings at convenient and accessible locations and times;

(ii)

employ visualization techniques to describe plans; and

(iii)

make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).

(7)

Publication

A transportation plan involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish.

(8)

Selection of projects from illustrative list

Notwithstanding paragraph (2)(C), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(C).

(j)

Metropolitan TIP

(1)

Development

(A)

In general

In cooperation with the State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the metropolitan planning area that—

(i)

contains projects consistent with the current metropolitan transportation plan;

(ii)

reflects the investment priorities established in the current metropolitan transportation plan; and

(iii)

once implemented, is designed to make progress toward achieving the performance targets established under subsection (h)(2).

(B)

Opportunity for comment

In developing the TIP, the metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5).

(C)

Funding estimates

For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation.

(D)

Updating and approval

The TIP shall be—

(i)

updated at least once every 4 years; and

(ii)

approved by the metropolitan planning organization and the Governor.

(2)

Contents

(A)

Priority list

The TIP shall include a priority list of proposed Federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP.

(B)

Financial plan

The TIP shall include a financial plan that—

(i)

demonstrates how the TIP can be implemented;

(ii)

indicates resources from public and private sources that are reasonably expected to be available to carry out the program;

(iii)

identifies innovative financing techniques to finance projects, programs, and strategies; and

(iv)

may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available.

(C)

Descriptions

Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project.

(D)

Performance target achievement

The transportation improvement program shall include, to the maximum extent practicable, a description of the anticipated effect of the transportation improvement program toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to those performance targets.

(3)

Included projects

(A)

Projects under this title and chapter 53 of title 49

A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are proposed for funding under chapter 1 of this title and chapter 53 of title 49.

(B)

Projects under chapter 2

(i)

Regionally significant projects

Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program.

(ii)

Other projects

Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program.

(C)

Consistency with long-range transportation plan

Each project shall be consistent with the long-range transportation plan developed under subsection (i) for the area.

(D)

Requirement of anticipated full funding

The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project or the identified phase within the time period contemplated for completion of the project or the identified phase.

(4)

Notice and comment

Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5).

(5)

Selection of projects

(A)

In general

Except as otherwise provided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of Federally funded projects in metropolitan areas shall be carried out, from the approved TIP—

(i)

by—

(I)

in the case of projects under this title, the State; and

(II)

in the case of projects under chapter 53 of title 49, the designated recipients of public transportation funding; and

(ii)

in cooperation with the metropolitan planning organization.

(B)

Modifications to project priority

Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program.

(6)

Selection of projects from illustrative list

(A)

No required selection

Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv).

(B)

Required action by the Secretary

Action by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP.

(7)

Publication

(A)

Publication of tips

A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review.

(B)

Publication of annual listings of projects

(i)

In general

An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review.

(ii)

Requirement

The listing shall be consistent with the categories identified in the TIP.

(k)

Transportation management areas

(1)

Identification and designation

(A)

Required identification

The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals.

(B)

Designations on request

The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.

(2)

Transportation plans

In a transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators.

(3)

Congestion management process

(A)

In general

Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49 through the use of travel demand reduction and operational management strategies.

(B)

Schedule

The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than 1 year after the identification of a transportation management area.

(4)

Selection of projects

(A)

In general

All Federally funded projects carried out within the boundaries of a metropolitan planning area serving a transportation management area under this title (excluding projects carried out on the National Highway System) or under chapter 53 of title 49 shall be selected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation operator.

(B)

National highway system projects

Projects carried out within the boundaries of a metropolitan planning area serving a transportation management area on the National Highway System shall be selected for implementation from the approved TIP by the State in cooperation with the metropolitan planning organization designated for the area.

(5)

Certification

(A)

In general

The Secretary shall—

(i)

ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and

(ii)

subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process.

(B)

Requirements for certification

The Secretary may make the certification under subparagraph (A) if—

(i)

the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and

(ii)

there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor.

(C)

Effect of failure to certify

(i)

Withholding of project funds

If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this title and chapter 53 of title 49.

(ii)

Restoration of withheld funds

The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary.

(D)

Review of certification

In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.

(l)

Report on performance-based planning processes

(1)

In general

The Secretary shall submit to Congress a report on the effectiveness of the performance-based planning processes of metropolitan planning organizations under this section, taking into consideration the requirements of this subsection

(2)

Report

Not later than 5 years after the date of enactment of the MAP–21, the Secretary shall submit to Congress a report evaluating—

(A)

the overall effectiveness of performance-based planning as a tool for guiding transportation investments;

(B)

the effectiveness of the performance-based planning process of each metropolitan planning organization under this section;

(C)

the extent to which metropolitan planning organizations have achieved, or are currently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing meaningful performance targets; and

(D)

the technical capacity of metropolitan planning organizations that operate within a metropolitan planning area of less than 200,000 and their ability to carry out the requirements of this section.

(3)

Publication

The report under paragraph (2) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.

(m)

Abbreviated plans for certain areas

(1)

In general

Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area.

(2)

Nonattainment areas

The Secretary may not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).

(n)

Additional requirements for certain nonattainment areas

(1)

In general

Notwithstanding any other provisions of this title or chapter 53 of title, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process.

(2)

Applicability

This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (e).

(o)

Limitation on statutory construction

Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this title or chapter 53 of title 49.

(p)

Funding

Funds set aside under section 104(f) of this title or section 5305(g) of title 49 shall be available to carry out this section.

(q)

Continuation of current review practice

Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under that Act.

.

(b)

Study on metropolitan planning scenario development

(1)

In general

The Secretary shall evaluate the costs and benefits associated with metropolitan planning organizations developing multiple scenarios for consideration as a part of the development of their metropolitan transportation plan.

(2)

Inclusions

The evaluation shall include an analysis of the technical and financial capacity of the metropolitan planning organization needed to develop scenarios described in paragraph (1).

1202.

Statewide and nonmetropolitan transportation planning

(a)

In general

Section 135 of title 23, United States Code, is amended to read as follows:

135.

Statewide and nonmetropolitan transportation planning

(a)

General requirements

(1)

Development of plans and programs

Subject to section 134, to accomplish the objectives stated in section 134(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State.

(2)

Contents

The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States.

(3)

Process of development

The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 134(a) and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.

(b)

Coordination with metropolitan planning; state implementation plan

A State shall—

(1)

coordinate planning carried out under this section with the transportation planning activities carried out under section 134 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and

(2)

develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.).

(c)

Interstate agreements

(1)

In general

Two or more States may enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective.

(2)

Reservation of rights

The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved.

(d)

Scope of planning process

(1)

In general

Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will—

(A)

support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency;

(B)

increase the safety of the transportation system for motorized and nonmotorized users;

(C)

increase the security of the transportation system for motorized and nonmotorized users;

(D)

increase the accessibility and mobility of people and freight;

(E)

protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;

(F)

enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight;

(G)

promote efficient system management and operation; and

(H)

emphasize the preservation of the existing transportation system.

(2)

Performance-based approach

(A)

In general

The statewide transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of this title and in section 5301(c) of title 49.

(B)

Performance targets

(i)

Surface transportation performance targets

(I)

In general

Each State shall establish performance targets that address the performance measures described in section 150(c), where applicable, to use in tracking progress towards attainment of critical outcomes for the State.

(II)

Coordination

Selection of performance targets by a State shall be coordinated with the relevant metropolitan planning organizations to ensure consistency, to the maximum extent practicable.

(ii)

Public transportation performance targets

In urbanized areas not represented by a metropolitan planning organization, selection of performance targets by a State shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d) of title 49.

(C)

Integration of other performance-based plans

A State shall integrate into the statewide transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in this paragraph, in other State transportation plans and transportation processes, as well as any plans developed pursuant to chapter 53 of title 49 by providers of public transportation in urbanized areas not represented by a metropolitan planning organization required as part of a performance-based program.

(D)

Use of performance measures and targets

The performance measures and targets established under this paragraph shall be considered by a State when developing policies, programs, and investment priorities reflected in the statewide transportation plan and statewide transportation improvement program.

(3)

Failure to consider factors

The failure to take into consideration the factors specified in paragraphs (1) and (2) shall not be subject to review by any court under this title, chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, a statewide transportation improvement program, a project or strategy, or the certification of a planning process.

(e)

Additional requirements

In carrying out planning under this section, each State shall, at a minimum—

(1)

with respect to nonmetropolitan areas, cooperate with affected local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m);

(2)

consider the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and

(3)

consider coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States.

(f)

Long-range statewide transportation plan

(1)

Development

Each State shall develop a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the development and implementation of the intermodal transportation system of the State.

(2)

Consultation with governments

(A)

Metropolitan areas

The statewide transportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134.

(B)

Nonmetropolitan areas

(i)

In general

With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m).

(ii)

Role of Secretary

The Secretary shall not review or approve the consultation process in each State.

(C)

Indian tribal areas

With respect to each area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior.

(D)

Consultation, comparison, and consideration

(i)

In general

The long-range transportation plan shall be developed, as appropriate, in consultation with State, tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation.

(ii)

Comparison and consideration

Consultation under clause (i) shall involve comparison of transportation plans to State and tribal conservation plans or maps, if available, and comparison of transportation plans to inventories of natural or historic resources, if available.

(3)

Participation by interested parties

(A)

In general

In developing the statewide transportation plan, the State shall provide to—

(i)

nonmetropolitan local elected officials or, if applicable, through regional transportation planning organizations described in subsection (m), an opportunity to participate in accordance with subparagraph (B)(i); and

(ii)

citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties a reasonable opportunity to comment on the proposed plan.

(B)

Methods

In carrying out subparagraph (A), the State shall, to the maximum extent practicable—

(i)

develop and document a consultative process to carry out subparagraph (A)(i) that is separate and discrete from the public involvement process developed under clause (ii);

(ii)

hold any public meetings at convenient and accessible locations and times;

(iii)

employ visualization techniques to describe plans; and

(iv)

make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).

(4)

Mitigation activities

(A)

In general

A long-range transportation plan shall include a discussion of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan.

(B)

Consultation

The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.

(5)

Financial plan

The statewide transportation plan may include—

(A)

a financial plan that—

(i)

demonstrates how the adopted statewide transportation plan can be implemented;

(ii)

indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and

(iii)

recommends any additional financing strategies for needed projects and programs; and

(B)

for illustrative purposes, additional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available.

(6)

Selection of projects from illustrative list

A State shall not be required to select any project from the illustrative list of additional projects included in the financial plan described in paragraph (5).

(7)

Performance-based approach

The statewide transportation plan should include—

(A)

a description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (d)(2); and

(B)

a system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (d)(2), including progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports;

(8)

Existing system

The statewide transportation plan should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the existing transportation system.

(9)

Publication of long-range transportation plans

Each long-range transportation plan prepared by a State shall be published or otherwise made available, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web.

(g)

Statewide transportation improvement program

(1)

Development

(A)

In general

Each State shall develop a statewide transportation improvement program for all areas of the State.

(B)

Duration and updating of program

Each program developed under subparagraph (A) shall cover a period of 4 years and shall be updated every 4 years or more frequently if the Governor of the State elects to update more frequently.

(2)

Consultation with governments

(A)

Metropolitan areas

With respect to each metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134.

(B)

Nonmetropolitan areas

(i)

In general

With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m).

(ii)

Role of Secretary

The Secretary shall not review or approve the specific consultation process in the State.

(C)

Indian tribal areas

With respect to each area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Secretary of the Interior.

(3)

Participation by interested parties

In developing the program, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the proposed program.

(4)

Performance target achievement

A statewide transportation improvement program shall include, to the maximum extent practicable, a discussion of the anticipated effect of the statewide transportation improvement program toward achieving the performance targets established in the statewide transportation plan, linking investment priorities to those performance targets.

(5)

Included projects

(A)

In general

A transportation improvement program developed under this subsection for a State shall include Federally supported surface transportation expenditures within the boundaries of the State.

(B)

Listing of projects

(i)

In general

An annual listing of projects for which funds have been obligated for the preceding year in each metropolitan planning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review.

(ii)

Funding categories

The listing described in clause (i) shall be consistent with the funding categories identified in each metropolitan transportation improvement program.

(C)

Projects under chapter 2

(i)

Regionally significant projects

Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program.

(ii)

Other projects

Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program.

(D)

Consistency with statewide transportation plan

Each project shall be—

(i)

consistent with the statewide transportation plan developed under this section for the State;

(ii)

identical to the project or phase of the project as described in an approved metropolitan transportation plan; and

(iii)

in conformance with the applicable State air quality implementation plan developed under the Clean Air Act (42 U.S.C. 7401 et seq.), if the project is carried out in an area designated as a nonattainment area for ozone, particulate matter, or carbon monoxide under part D of title I of that Act (42 U.S.C. 7501 et seq.).

(E)

Requirement of anticipated full funding

The transportation improvement program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.

(F)

Financial plan

(i)

In general

The transportation improvement program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the transportation improvement program, and recommends any additional financing strategies for needed projects and programs.

(ii)

Additional projects

The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available.

(G)

Selection of projects from illustrative list

(i)

No required selection

Notwithstanding subparagraph (F), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F).

(ii)

Required action by the secretary

Action by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation improvement program.

(H)

Priorities

The transportation improvement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activities, required by this title and chapter 53 of title 49.

(6)

Project selection for areas of less than 50,000 population

(A)

In general

Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under this title or under sections 5310 and 5311 of title 49), by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m).

(B)

Other projects

Projects carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge program or the Interstate maintenance program under this title or under sections 5310, 5311, 5316, and 5317 of title 49 shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation.

(7)

Transportation improvement program approval

Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved by the Secretary if based on a current planning finding.

(8)

Planning finding

A finding shall be made by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 134.

(9)

Modifications to project priority

Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project in the program.

(h)

Performance-based planning processes evaluation

(1)

In general

The Secretary shall establish criteria to evaluate the effectiveness of the performance-based planning processes of States, taking into consideration the following:

(A)

The extent to which the State is making progress toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets.

(B)

The extent to which the State has made transportation investments that are efficient and cost-effective.

(C)

The extent to which the State—

(i)

has developed an investment process that relies on public input and awareness to ensure that investments are transparent and accountable; and

(ii)

provides reports allowing the public to access the information being collected in a format that allows the public to meaningfully assess the performance of the State.

(2)

Report

(A)

In general

Not later than 5 years after the date of enactment of the MAP–21, the Secretary shall submit to Congress a report evaluating—

(i)

the overall effectiveness of performance-based planning as a tool for guiding transportation investments; and

(ii)

the effectiveness of the performance-based planning process of each State.

(B)

Publication

The report under subparagraph (A) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.

(i)

Funding

Funds apportioned under section 104(b)(5) of this title and set aside under section 5305(g) of title 49 shall be available to carry out this section.

(j)

Treatment of certain state laws as congestion management processes

For purposes of this section and section 134, and sections 5303 and 5304 of title 49, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under this section and section 134, and sections 5303 and 5304 of title 49, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section and section 134 and sections 5303 and 5304 of title 49, as appropriate.

(k)

Continuation of current review practice

Since the statewide transportation plan and the transportation improvement program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning statewide transportation plans or the transportation improvement program described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary concerning a metropolitan or statewide transportation plan or the transportation improvement program described in this section shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(l)

Schedule for implementation

The Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consideration the established planning update cycle for States. The Secretary shall not require a State to deviate from its established planning update cycle to implement changes made by this section. States shall reflect changes made to their transportation plan or transportation improvement program updates not later than 2 years after the date of issuance of guidance by the Secretary under this subsection.

(m)

Designation of regional transportation planning organizations

(1)

In general

To carry out the transportation planning process required by this section, a State may establish and designate regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide strategic long-range transportation plans and transportation improvement programs, with an emphasis on addressing the needs of nonmetropolitan areas of the State.

(2)

Structure

A regional transportation planning organization shall be established as a multijurisdictional organization of nonmetropolitan local officials or their designees who volunteer for such organization and representatives of local transportation systems who volunteer for such organization.

(3)

Requirements

A regional transportation planning organization shall establish, at a minimum—

(A)

a policy committee, the majority of which shall consist of nonmetropolitan local officials, or their designees, and, as appropriate, additional representatives from the State, private business, transportation service providers, economic development practitioners, and the public in the region; and

(B)

a fiscal and administrative agent, such as an existing regional planning and development organization, to provide professional planning, management, and administrative support.

(4)

Duties

The duties of a regional transportation planning organization shall include—

(A)

developing and maintaining, in cooperation with the State, regional long-range multimodal transportation plans;

(B)

developing a regional transportation improvement program for consideration by the State;

(C)

fostering the coordination of local planning, land use, and economic development plans with State, regional, and local transportation plans and programs;

(D)

providing technical assistance to local officials;

(E)

participating in national, multistate, and State policy and planning development processes to ensure the regional and local input of nonmetropolitan areas;

(F)

providing a forum for public participation in the statewide and regional transportation planning processes;

(G)

considering and sharing plans and programs with neighboring regional transportation planning organizations, metropolitan planning organizations, and, where appropriate, tribal organizations; and

(H)

conducting other duties, as necessary, to support and enhance the statewide planning process under subsection (d).

(5)

States without regional transportation planning organizations

If a State chooses not to establish or designate a regional transportation planning organization, the State shall consult with affected nonmetropolitan local officials to determine projects that may be of regional significance.

.

(b)

Conforming amendment

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 135 and inserting the following:

135. Statewide and nonmetropolitan transportation planning.

.

1203.

National goals and performance management measures

(a)

In general

Section 150 of title 23, United States Code, is amended to read as follows:

150.

National goals and performance management measures

(a)

Declaration of policy

Performance management will transform the Federal-aid highway program and provide a means to the most efficient investment of Federal transportation funds by refocusing on national transportation goals, increasing the accountability and transparency of the Federal-aid highway program, and improving project decisionmaking through performance-based planning and programming.

(b)

National goals

It is in the interest of the United States to focus the Federal-aid highway program on the following national goals:

(1)

Safety

To achieve a significant reduction in traffic fatalities and serious injuries on all public roads.

(2)

Infrastructure condition

To maintain the highway infrastructure asset system in a state of good repair.

(3)

Congestion reduction

To achieve a significant reduction in congestion on the National Highway System.

(4)

System reliability

To improve the efficiency of the surface transportation system.

(5)

Freight movement and economic vitality

To improve the national freight network, strengthen the ability of rural communities to access national and international trade markets, and support regional economic development.

(6)

Environmental sustainability

To enhance the performance of the transportation system while protecting and enhancing the natural environment.

(7)

Reduced project delivery delays

To reduce project costs, promote jobs and the economy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project development and delivery process, including reducing regulatory burdens and improving agencies’ work practices.

(c)

Establishment of performance measures

(1)

In general

Not later than 18 months after the date of enactment of the MAP–21, the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, and other stakeholders, shall promulgate a rulemaking that establishes performance measures and standards.

(2)

Administration

In carrying out paragraph (1), the Secretary shall—

(A)

provide States, metropolitan planning organizations, and other stakeholders not less than 90 days to comment on any regulation proposed by the Secretary under that paragraph;

(B)

take into consideration any comments relating to a proposed regulation received during that comment period; and

(C)

limit performance measures only to those described in this subsection.

(3)

National highway performance program

(A)

In general

Subject to subparagraph (B), for the purpose of carrying out section 119, the Secretary shall establish—

(i)

minimum standards for States to use in developing and operating bridge and pavement management systems;

(ii)

measures for States to use to assess—

(I)

the condition of pavements on the Interstate system;

(II)

the condition of pavements on the National Highway System (excluding the Interstate);

(III)

the condition of bridges on the National Highway System;

(IV)

the performance of the Interstate System; and

(V)

the performance of the National Highway System (excluding the Interstate System);

(iii)

minimum levels for the condition of pavement on the Interstate System, only for the purposes of carrying out section 119(f)(1); and

(iv)

the data elements that are necessary to collect and maintain standardized data to carry out a performance-based approach.

(B)

Regions

In establishing minimum condition levels under subparagraph (A)(iii), if the Secretary determines that various geographic regions of the United States experience disparate factors contributing to the condition of pavement on the Interstate System in those regions, the Secretary may establish different minimum levels for each region;

(4)

Highway safety improvement program

For the purpose of carrying out section 148, the Secretary shall establish measures for States to use to assess—

(A)

serious injuries and fatalities per vehicle mile traveled; and

(B)

the number of serious injuries and fatalities.

(5)

Congestion mitigation and air quality program

For the purpose of carrying out section 149, the Secretary shall establish measures for States to use to assess—

(A)

traffic congestion; and

(B)

on-road mobile source emissions.

(6)

National freight movement

The Secretary shall establish measures for States to use to assess freight movement on the Interstate System.

(d)

Establishment of performance targets

(1)

In general

Not later than 1 year after the Secretary has promulgated the final rulemaking under subsection (c), each State shall set performance targets that reflect the measures identified in paragraphs (3), (4), (5), and (6) of subsection (c).

(2)

Different approaches for urban and rural areas

In the development and implementation of any performance target, a State may, as appropriate, provide for different performance targets for urbanized and rural areas.

(e)

Reporting on performance targets

Not later than 4 years after the date of enactment of the MAP–21 and biennially thereafter, a State shall submit to the Secretary a report that describes—

(1)

the condition and performance of the National Highway System in the State;

(2)

the effectiveness of the investment strategy document in the State asset management plan for the National Highway System;

(3)

progress in achieving performance targets identified under subsection (d); and

(4)

the ways in which the State is addressing congestion at freight bottlenecks, including those identified in the National Freight Strategic Plan, within the State.

.

(b)

Conforming amendment

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 150 and inserting the following:

150. National goals and performance management measures.

.

C

Acceleration of project delivery

1301.

Declaration of policy and project delivery initiative

(a)

In general

It is the policy of the United States that—

(1)

it is in the national interest for the Department, State departments of transportation, transit agencies, and all other recipients of Federal transportation funds—

(A)

to accelerate project delivery and reduce costs; and

(B)

to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner, promoting accountability for public investments and encouraging greater private sector involvement in project financing and delivery while enhancing safety and protecting the environment;

(2)

delay in the delivery of transportation projects increases project costs, harms the economy of the United States, and impedes the travel of the people of the United States and the shipment of goods for the conduct of commerce; and

(3)

the Secretary shall identify and promote the deployment of innovation aimed at reducing the time and money required to deliver transportation projects while enhancing safety and protecting the environment.

(b)

Project delivery initiative

(1)

In general

To advance the policy described in subsection (a), the Secretary shall carry out a project delivery initiative under this section.

(2)

Purposes

The purposes of the project delivery initiative shall be—

(A)

to develop and advance the use of best practices to accelerate project delivery and reduce costs across all modes of transportation and expedite the deployment of technology and innovation;

(B)

to implement provisions of law designed to accelerate project delivery; and

(C)

to select eligible projects for applying experimental features to test innovative project delivery techniques.

(3)

Advancing the use of best practices

(A)

In general

In carrying out the initiative under this section, the Secretary shall identify and advance best practices to reduce delivery time and project costs, from planning through construction, for transportation projects and programs of projects regardless of mode and project size.

(B)

Administration

To advance the use of best practices, the Secretary shall—

(i)

engage interested parties, affected communities, resource agencies, and other stakeholders to gather information regarding opportunities for accelerating project delivery and reducing costs;

(ii)

establish a clearinghouse for the collection, documentation, and advancement of existing and new innovative approaches and best practices;

(iii)

disseminate information through a variety of means to transportation stakeholders on new innovative approaches and best practices; and

(iv)

provide technical assistance to assist transportation stakeholders in the use of flexibility authority to resolve project delays and accelerate project delivery if feasible.

(4)

Implementation of accelerated project delivery

The Secretary shall ensure that the provisions of this subtitle designed to accelerate project delivery are fully implemented, including—

(A)

expanding eligibility of early acquisition of property prior to completion of environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B)

allowing the use of the construction manager or general contractor method of contracting in the Federal-aid highway system; and

(C)

establishing a demonstration program to streamline the relocation process by permitting a lump-sum payment for acquisition and relocation if elected by the displaced occupant.

(c)

Expedited project delivery

Section 101(b) of title 23, United States Code, is amended by adding at the end the following:

(4)

Expedited project delivery

(A)

In general

Congress declares that it is in the national interest to expedite the delivery of surface transportation projects by substantially reducing the average length of the environmental review process.

(B)

Policy of the United States

Accordingly, it is the policy of the United States that—

(i)

the Secretary shall have the lead role among Federal agencies in carrying out the environmental review process for surface transportation projects;

(ii)

each Federal agency shall cooperate with the Secretary to expedite the environmental review process for surface transportation projects;

(iii)

project sponsors shall not be prohibited from carrying out preconstruction project development activities concurrently with the environmental review process;

(iv)

programmatic approaches shall be used to reduce the need for project-by-project reviews and decisions by Federal agencies; and

(v)

the Secretary shall identify opportunities for project sponsors to assume responsibilities of the Secretary where such responsibilities can be assumed in a manner that protects public health, the environment, and public participation.

.

1302.

Advance acquisition of real property interests

(a)

Real property interests

Section 108 of title 23, United States Code, is amended—

(1)

by striking real property each place it appears and inserting real property interests;

(2)

by striking right-of-way each place it appears and inserting real property interest; and

(3)

by striking rights-of-way each place it appears and inserting real property interests.

(b)

State-funded early acquisition of real property interests

Section 108(c) of title 23, United States Code, is amended—

(1)

in the subsection heading, by striking Early acquisition of rights-of-way and inserting State-funded early acquisition of real property interests;

(2)

by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;

(3)

in paragraph (2) (as so redesignated)—

(A)

in the heading, by striking General rule and inserting Eligibility for reimbursement; and

(B)

by striking Subject to paragraph (2) and inserting Subject to paragraph (3);

(4)

by inserting before paragraph (2) (as so redesignated) the following:

(1)

In general

A State may carry out, at the expense of the State, acquisitions of interests in real property for a project before completion of the review process required for the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) without affecting subsequent approvals required for the project by the State or any Federal agency.

; and

(5)

in paragraph (3) (as so redesignated)—

(A)

in the matter preceding subparagraph (A), by striking in paragraph (1) and inserting in paragraph (2); and

(B)

in subparagraph (G), by striking both the Secretary and the Administrator of the Environmental Protection Agency have concurred and inserting the Secretary has determined.

(c)

Federally funded acquisition of real property interests

Section 108 of title 23, United States Code, is amended by adding at the end the following:

(d)

Federally funded early acquisition of real property interests

(1)

Definition of acquisition of a real property interest

In this subsection, the term acquisition of a real property interest includes the acquisition of—

(A)

any interest in land;

(B)

a contractual right to acquire any interest in land; or

(C)

any other similar action to acquire or preserve rights-of-way for a transportation facility.

(2)

Authorization

The Secretary may authorize the use of funds apportioned to a State under this title for the acquisition of a real property interest by a State.

(3)

State certification

A State requesting Federal funding for an acquisition of a real property interest shall certify in writing, with concurrence by the Secretary, that—

(A)

the State has authority to acquire the real property interest under State law; and

(B)

the acquisition of the real property interest—

(i)

is for a transportation purpose;

(ii)

will not cause any significant adverse environmental impact;

(iii)

will not limit the choice of reasonable alternatives for the project or otherwise influence the decision of the Secretary on any approval required for the project;

(iv)

does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered in the environmental review process;

(v)

is consistent with the State transportation planning process under section 135;

(vi)

complies with other applicable Federal laws (including regulations);

(vii)

will be acquired through negotiation, without the threat of condemnation; and

(viii)

will not result in a reduction or elimination of benefits or assistance to a displaced person required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

(4)

Environmental compliance

(A)

In general

Before authorizing Federal funding for an acquisition of a real property interest, the Secretary shall complete the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the acquisition of the real property interest.

(B)

Independent utility

The acquisition of a real property interest—

(i)

shall be treated as having independent utility for purposes of the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(ii)

shall not limit consideration of alternatives for future transportation improvements with respect to the real property interest.

(5)

Programming

(A)

In general

The acquisition of a real property interest for which Federal funding is requested shall be included as a project in an applicable transportation improvement program under sections 134 and 135 and sections 5303 and 5304 of title 49.

(B)

Acquisition project

The acquisition project may consist of the acquisition of a specific parcel, a portion of a transportation corridor, or an entire transportation corridor.

(6)

Development

Real property interests acquired under this subsection may not be developed in anticipation of a project until all required environmental reviews for the project have been completed.

(7)

Reimbursement

If Federal-aid reimbursement is made for real property interests acquired early under this section and the real property interests are not subsequently incorporated into a project eligible for surface transportation funds within the time allowed by subsection (a)(2), the Secretary shall offset the amount reimbursed against funds apportioned to the State.

(8)

Other requirements and conditions

(A)

Applicable law

The acquisition of a real property interest shall be carried out in compliance with all requirements applicable to the acquisition of real property interests for federally funded transportation projects.

(B)

Additional conditions

The Secretary may establish such other conditions or restrictions on acquisitions under this subsection as the Secretary determines to be appropriate.

.

1303.

Letting of contracts

(a)

Efficiencies in contracting

Section 112(b) of title 23, United States Code, is amended by adding at the end the following:

(4)

Method of contracting

(A)

In general

(i)

2-phase contract

A contracting agency may award a 2-phase contract to a construction manager or general contractor for preconstruction and construction services.

(ii)

Preconstruction services phase

In the preconstruction services phase of a contract under this paragraph, the contractor shall provide the contracting agency with advice for scheduling, work sequencing, cost engineering, constructability, cost estimating, and risk identification.

(iii)

Agreement

Prior to the start of the construction services phase, the contracting agency and the contractor may agree to a price and other factors specified in regulation for the construction of the project or a portion of the project.

(iv)

Construction phase

If an agreement is reached under clause (iii), the contractor shall be responsible for the construction of the project or portion of the project at the negotiated price and in compliance with the other factors specified in the agreement.

(B)

Selection

A contract shall be awarded to a contractor under this paragraph using a competitive selection process based on qualifications, experience, best value, or any other combination of factors considered appropriate by the contracting agency.

(C)

Timing

(i)

Relationship to nepa process

Prior to the completion of the environmental review process required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), a contracting agency may—

(I)

issue requests for proposals;

(II)

proceed with the award of a contract for preconstruction services under subparagraph (A)(ii); and

(III)

issue notices to proceed with a preliminary design and any work related to preliminary design, to the extent that those actions do not limit any reasonable range of alternatives.

(ii)

Construction services phase

A contracting agency shall not proceed with the award of the construction services phase of a contract under subparagraph (A)(iv) and shall not proceed, or permit any consultant or contractor to proceed, with final design or construction until completion of the environmental review process required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

(iii)

Approval requirement

Prior to authorizing construction activities, the Secretary shall approve—

(I)

the price estimate of the contracting agency for the entire project; and

(II)

any price agreement with the general contractor for the project or a portion of the project.

(iv)

Design activities

(I)

In general

A contracting agency may proceed, at the expense of the contracting agency, with design activities at any level of detail for a project before completion of the review process required for the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) without affecting subsequent approvals required for the project.

(II)

Reimbursement

Design activities carried out under subclause (I) shall be eligible for Federal reimbursement as a project expense in accordance with the requirements under section 109(r).

(v)

Termination provision

The Secretary shall require a contract to include an appropriate termination provision in the event that a no-build alternative is selected.

.

(b)

Regulations

The Secretary shall promulgate such regulations as are necessary to carry out the amendment made by subsection (a).

(c)

Effect on experimental program

Nothing in this section or the amendment made by this section affects the authority to carry out, or any project carried out under, any experimental program concerning construction manager risk that is being carried out by the Secretary as of the date of enactment of this Act.

1304.

Innovative project delivery methods

(a)

Declaration of policy

(1)

In general

Congress declares that it is in the national interest to promote the use of innovative technologies and practices that increase the efficiency of construction of, improve the safety of, and extend the service life of highways and bridges.

(2)

Inclusions

The innovative technologies and practices described in paragraph (1) include state-of-the-art intelligent transportation system technologies, elevated performance standards, and new highway construction business practices that improve highway safety and quality, accelerate project delivery, and reduce congestion related to highway construction.

(b)

Federal share

Section 120(c) of title 23, United States Code, is amended by adding at the end the following:

(3)

Innovative project delivery

(A)

In general

Except as provided in subparagraph (C), the Federal share payable on account of a project, program, or activity carried out with funds apportioned under paragraph (1), (2), or (5) of section 104(b) may, at the discretion of the State, be up to 100 percent for any such project, program, or activity that the Secretary determines—

(i)

contains innovative project delivery methods that improve work zone safety for motorists or workers and the quality of the facility;

(ii)

contains innovative technologies, manufacturing processes, financing, or contracting methods that improve the quality of, extend the service life of, or decrease the long-term costs of maintaining highways and bridges;

(iii)

accelerates project delivery while complying with other applicable Federal laws (including regulations) and not causing any significant adverse environmental impact; or

(iv)

reduces congestion related to highway construction.

(B)

Examples

Projects, programs, and activities described in subparagraph (A) may include the use of—

(i)

prefabricated bridge elements and systems and other technologies to reduce bridge construction time;

(ii)

innovative construction equipment, materials, or techniques, including the use of in-place recycling technology and digital 3-dimensional modeling technologies;

(iii)

innovative contracting methods, including the design-build and the construction manager-general contractor contracting methods;

(iv)

intelligent compaction equipment; or

(v)

contractual provisions that offer a contractor an incentive payment for early completion of the project, program, or activity, subject to the condition that the incentives are accounted for in the financial plan of the project, when applicable.

(C)

Limitations

(i)

In general

In each fiscal year, a State may use the authority under subparagraph (A) for up to 10 percent of the combined apportionments of the State under paragraphs (1), (2), and (5) of section 104(b).

(ii)

Federal share increase

The Federal share payable on account of a project, program, or activity described in subparagraph (A) may be increased by up to 5 percent of the total project cost.

.

1305.

Efficient environmental reviews for project decisionmaking

(a)

Flexibility

Section 139(b) of title 23, United States Code, is amended—

(1)

in paragraph (2) by inserting , and any requirements established under this section may be satisfied, after exercised; and

(2)

by adding at the end the following:

(3)

Programmatic compliance

(A)

In general

The Secretary shall initiate a rulemaking to allow for the use of programmatic approaches to conduct environmental reviews that—

(i)

eliminate repetitive discussions of the same issues;

(ii)

focus on the actual issues ripe for analyses at each level of review; and

(iii)

are consistent with—

(I)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(II)

other applicable laws.

(B)

Requirements

In carrying out subparagraph (A), the Secretary shall—

(i)

before initiating the rulemaking under that subparagraph, consult with relevant Federal agencies and State resource agencies, State departments of transportation, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches;

(ii)

emphasize the importance of collaboration among relevant Federal agencies, State agencies, and Indian tribes in undertaking programmatic reviews, especially with respect to including reviews with a broad geographic scope;

(iii)

ensure that the programmatic reviews—

(I)

promote transparency, including of the analyses and data used in the environmental reviews, the treatment of any deferred issues raised by agencies or the public, and the temporal and special scales to be used to analyze such issues;

(II)

use accurate and timely information in reviews, including—

(aa)

criteria for determining the general duration of the usefulness of the review; and

(bb)

the timeline for updating any out-of-date review;

(III)

describe—

(aa)

the relationship between programmatic analysis and future tiered analysis; and

(bb)

the role of the public in the creation of future tiered analysis; and

(IV)

are available to other relevant Federal and State agencies, Indian tribes, and the public;

(iv)

allow not fewer than 60 days of public notice and comment on any proposed rule; and

(v)

address any comments received under clause (iv).

.

(b)

Federal lead agency

Section 139(c) of title 23, United States Code, is amended—

(1)

in paragraph (1)—

(A)

by striking The Department of Transportation and inserting the following:

(A)

In general

The Department of Transportation

; and

(B)

by adding at the end the following:

(B)

Modal administration

If the project requires approval from more than 1 modal administration within the Department, the Secretary may designate a single modal administration to serve as the Federal lead agency for the Department in the environmental review process for the project.

.

(c)

Participating agencies

Section 139(d) of title 23, United States Code, is amended—

(1)

by striking paragraph (4) and inserting the following:

(4)

Effect of designation

(A)

Requirement

A participating agency shall comply with the requirements of this section.

(B)

Implication

Designation as a participating agency under this subsection shall not imply that the participating agency—

(i)

supports a proposed project; or

(ii)

has any jurisdiction over, or special expertise with respect to evaluation of, the project.

; and

(2)

by striking paragraph (7) and inserting the following:

(7)

Concurrent reviews

Each participating agency and cooperating agency shall—

(A)

carry out the obligations of that agency under other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the ability of the Federal agency to conduct needed analysis or otherwise carry out those obligations; and

(B)

formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.

.

(d)

Project initiation

Section 139(e) of title 23, United States Code, is amended—

(1)

by striking The project sponsor and inserting the following:

(1)

In general

The project sponsor

; and

(2)

by adding at the end the following:

(2)

Submission of documents

The project sponsor may satisfy the requirement under paragraph (1) by submitting to the Secretary any relevant documents containing the information described in that paragraph, including a draft notice for publication in the Federal Register announcing the preparation of an environmental review for the project.

.

(e)

Coordination and scheduling

Section 139(g)(1)(B)(i) of title 23, United States Code, is amended by inserting and the concurrence of after consultation with.

1306.

Accelerated decisionmaking

Section 139(h) of title 23, United States Code, is amended by striking paragraph (4) and inserting the following:

(4)

Interim decision on achieving accelerated decisionmaking

(A)

In general

Not later than 30 days after the close of the public comment period on a draft environmental impact statement, the Secretary may convene a meeting with the project sponsor, lead agency, resource agencies, and any relevant State agencies to ensure that all parties are on schedule to meet deadlines for decisions to be made regarding the project.

(B)

Deadlines

The deadlines referred to in subparagraph (A) shall be those established under subsection (g), or any other deadlines established by the lead agency, in consultation with the project sponsor and other relevant agencies.

(C)

Failure to assure

If the relevant agencies cannot provide reasonable assurances that the deadlines described in subparagraph (B) will be met, the Secretary may initiate the issue resolution and referral process described under paragraph (5) and before the completion of the record of decision.

(5)

Accelerated issue resolution and referral

(A)

Agency issue resolution meeting

(i)

In general

A Federal agency of jurisdiction, project sponsor, or the Governor of a State in which a project is located may request an issue resolution meeting to be conducted by the lead agency.

(ii)

Action by lead agency

The lead agency shall convene an issue resolution meeting under clause (i) with the relevant participating agencies and the project sponsor, including the Governor only if the meeting was requested by the Governor, to resolve issues that could—

(I)

delay completion of the environmental review process; or

(II)

result in denial of any approvals required for the project under applicable laws.

(iii)

Date

A meeting requested under this subparagraph shall be held by not later than 21 days after the date of receipt of the request for the meeting, unless the lead agency determines that there is good cause to extend the time for the meeting.

(iv)

Notification

On receipt of a request for a meeting under this subparagraph, the lead agency shall notify all relevant participating agencies of the request, including the issue to be resolved, and the date for the meeting.

(v)

Disputes

If a relevant participating agency with jurisdiction over an approval required for a project under applicable law determines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reasonable time, but the lead agency disagrees, the resolution of the dispute shall be forwarded to the heads of the relevant agencies for resolution.

(vi)

Convention by lead agency

A lead agency may convene an issue resolution meeting under this subsection at any time without the request of the Federal agency of jurisdiction, project sponsor, or the Governor of a State.

(B)

Elevation of issue resolution

(i)

In general

If issue resolution is not achieved by not later than 30 days after the date of a relevant meeting under subparagraph (A), the Secretary shall notify the lead agency, the heads of the relevant participating agencies, and the project sponsor (including the Governor only if the initial issue resolution meeting request came from the Governor) that an issue resolution meeting will be convened.

(ii)

Requirements

The Secretary shall identify the issues to be addressed at the meeting and convene the meeting not later than 30 days after the date of issuance of the notice.

(C)

Referral of issue resolution

(i)

Referral to council on environmental quality

(I)

In general

If resolution is not achieved by not later than 30 days after the date of an issue resolution meeting under subparagraph (B), the Secretary shall refer the matter to the Council on Environmental Quality.

(II)

Meeting

Not later than 30 days after the date of receipt of a referral from the Secretary under subclause (I), the Council on Environmental Quality shall hold an issue resolution meeting with the lead agency, the heads of relevant participating agencies, and the project sponsor (including the Governor only if an initial request for an issue resolution meeting came from the Governor).

(ii)

Referral to the president

If a resolution is not achieved by not later than 30 days after the date of the meeting convened by the Council on Environmental Quality under clause (i)(II), the Secretary shall refer the matter directly to the President.

(6)

Financial penalty provisions

(A)

In general

A Federal agency of jurisdiction over an approval required for a project under applicable laws shall complete any required approval on an expeditious basis using the shortest existing applicable process.

(B)

Failure to decide

(i)

In general

If an agency described in subparagraph (A) fails to render a decision under any Federal law relating to a project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, or other approval by the date described in clause (ii), an amount of funding equal to the amounts specified in subclause (I) or (II) shall be rescinded from the applicable office of the head of the agency, or equivalent office to which the authority for rendering the decision has been delegated by law by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)—

(I)

$20,000 for any project for which an annual financial plan under section 106(i) is required; or

(II)

$10,000 for any other project requiring preparation of an environmental assessment or environmental impact statement.

(ii)

Description of date

The date referred to in clause (i) is the later of—

(I)

the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and

(II)

the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(C)

Limitations

(i)

In general

No rescission of funds under subparagraph (B) relating to an individual project shall exceed, in any fiscal year, an amount equal to 2.5 percent of the funds made available for the applicable agency office.

(ii)

Failure to decide

The total amount rescinded in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 7 percent of the funds made available for the applicable agency office for that fiscal year.

(D)

No fault of agency

A rescission of funds under this paragraph shall not be made if the lead agency for the project certifies that—

(i)

the agency has not received necessary information or approvals from another entity, such as the project sponsor, in a manner that affects the ability of the agency to meet any requirements under State, local, or Federal law; or

(ii)

significant new information or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application.

(E)

Limitation

The Federal agency with jurisdiction for the decision from which funds are rescinded pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds.

(F)

Audits

In any fiscal year in which any funds are rescinded from a Federal agency pursuant to this paragraph, the Inspector General of that agency shall—

(i)

conduct an audit to assess compliance with the requirements of this paragraph; and

(ii)

not later than 120 days after the end of the fiscal year during which the rescission occurred, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the reasons why the transfers were levied, including allocations of resources.

(G)

Effect of paragraph

Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law.

(7)

Expedient decisions and reviews

To ensure that Federal environmental decisions and reviews are expeditiously made—

(A)

adequate resources made available under this title shall be devoted to ensuring that applicable environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are completed on an expeditious basis and that the shortest existing applicable process under that Act is implemented; and

(B)

the President shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, not less frequently than once every 120 days after the date of enactment of the MAP–21, a report on the status and progress of the following projects and activities funded under this title with respect to compliance with applicable requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):

(i)

Projects and activities required to prepare an annual financial plan under section 106(i).

(ii)

A sample of not less than 5 percent of the projects requiring preparation of an environmental impact statement or environmental assessment in each State.

.

1307.

Assistance to affected Federal and State agencies

Section 139(j) of title 23, United States Code, is amended by adding at the end the following:

(6)

Memorandum of understanding

Prior to providing funds approved by the Secretary for dedicated staffing at an affected Federal agency under paragraphs (1) and (2), the affected Federal agency and the State agency shall enter into a memorandum of understanding that establishes the projects and priorities to be addressed by the use of the funds.

.

1308.

Limitations on claims

Section 139(l) of title 23, United States Code, is amended—

(1)

in paragraph (1) by striking 180 days and inserting 150 days; and

(2)

in paragraph (2) by striking 180 days and inserting 150 days.

1309.

Accelerating completion of complex projects within 4 years

Section 139 of title 23, United States Code, is amended by adding at the end the following:

(m)

Enhanced technical assistance and accelerated project completion

(1)

Definition of covered project

In this subsection, the term covered project means a project—

(A)

that has an ongoing environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(B)

for which at least 2 years, beginning on the date on which a notice of intent is issued, have elapsed without the issuance of a record of decision.

(2)

Technical assistance

At the request of a project sponsor or the Governor of a State in which a project is located, the Secretary shall provide additional technical assistance to resolve for a covered project any outstanding issues and project delay, including by—

(A)

providing additional staff, training, and expertise;

(B)

facilitating interagency coordination;

(C)

promoting more efficient collaboration; and

(D)

supplying specialized onsite assistance.

(3)

Scope of work

(A)

In general

In providing technical assistance for a covered project under this subsection, the Secretary shall establish a scope of work that describes the actions that the Secretary will take to resolve the outstanding issues and project delays, including establishing a schedule under subparagraph (B).

(B)

Schedule

(i)

In general

The Secretary shall establish and meet a schedule for the completion of any permit, approval, review, or study, required for the covered project by the date that is not later than 4 years after the date on which a notice of intent for the covered project is issued.

(ii)

Inclusions

The schedule under clause (i) shall—

(I)

comply with all applicable laws;

(II)

require the concurrence of the Council on Environmental Quality and each participating agency for the project with the State in which the project is located or the project sponsor, as applicable; and

(III)

reflect any new information that becomes available and any changes in circumstances that may result in new significant impacts that could affect the timeline for completion of any permit, approval, review, or study required for the covered project.

(4)

Consultation

In providing technical assistance for a covered project under this subsection, the Secretary shall consult, if appropriate, with resource and participating agencies on all methods available to resolve the outstanding issues and project delays for a covered project as expeditiously as possible.

(5)

Enforcement

(A)

In general

All provisions of this section shall apply to this subsection, including the financial penalty provisions under subsection (h)(6).

(B)

Restriction

If the Secretary enforces this subsection under subsection (h)(6), the Secretary may use a date included in a schedule under paragraph (3)(B) that is created pursuant to and is in compliance with this subsection in lieu of the dates under subsection (h)(6)(B)(ii).

.

1310.

Integration of planning and environmental review

(a)

In general

Chapter 1 of title 23, United States Code (as amended by section 1115(a)), is amended by adding at the end the following:

168.

Integration of planning and environmental review

(a)

Definitions

In this section, the following definitions apply:

(1)

Environmental review process

The term environmental review process means the process for preparing for a project an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2)

Planning product

The term planning product means a detailed and timely decision, analysis, study, or other documented information that—

(A)

is the result of an evaluation or decisionmaking process carried out during transportation planning, including a detailed corridor plan or a transportation plan developed under section 134 that fully analyzes impacts on mobility, adjacent communities, and the environment;

(B)

is intended to be carried into the transportation project development process; and

(C)

has been approved by the State, all local and tribal governments where the project is located, and by any relevant metropolitan planning organization.

(3)

Project

The term project has the meaning given the term in section 139(a).

(4)

Project sponsor

The term project sponsor has the meaning given the term in section 139(a).

(b)

Adoption of planning products for use in NEPA proceedings

(1)

In general

Subject to the conditions set forth in subsection (d), the Federal lead agency for a project may adopt and use a planning product in proceedings relating to any class of action in the environmental review process of the project.

(2)

Identification

When the Federal lead agency makes a determination to adopt and use a planning product, the Federal lead agency shall identify those agencies that participated in the development of the planning products.

(3)

Partial adoption of planning products

The Federal lead agency may adopt a planning product under paragraph (1) in its entirety or may select portions for adoption.

(4)

Timing

A determination under paragraph (1) with respect to the adoption of a planning product may be made at the time the lead agencies decide the appropriate scope of environmental review for the project but may also occur later in the environmental review process, as appropriate.

(c)

Applicability

(1)

Planning decisions

Planning decisions that may be adopted pursuant to this section include—

(A)

whether tolling, private financial assistance, or other special financial measures are necessary to implement the project;

(B)

a decision with respect to modal choice, including a decision to implement corridor or subarea study recommendations to advance different modal solutions as separate projects with independent utility;

(C)

a basic description of the environmental setting;

(D)

a decision with respect to methodologies for analysis; and

(E)

an identification of programmatic level mitigation for potential impacts that the Federal lead agency, in consultation with Federal, State, local, and tribal resource agencies, determines are most effectively addressed at a regional or national program level, including—

(i)

system-level measures to avoid, minimize, or mitigate impacts of proposed transportation investments on environmental resources, including regional ecosystem and water resources; and

(ii)

potential mitigation activities, locations, and investments.

(2)

Planning analyses

Planning analyses that may be adopted pursuant to this section include studies with respect to—

(A)

travel demands;

(B)

regional development and growth;

(C)

local land use, growth management, and development;

(D)

population and employment;

(E)

natural and built environmental conditions;

(F)

environmental resources and environmentally sensitive areas;

(G)

potential environmental effects, including the identification of resources of concern and potential cumulative effects on those resources, identified as a result of a statewide or regional cumulative effects assessment; and

(H)

mitigation needs for a proposed action, or for programmatic level mitigation, for potential effects that the Federal lead agency determines are most effectively addressed at a regional or national program level.

(d)

Conditions

Adoption and use of a planning product under this section is subject to a determination by the Federal lead agency, with the concurrence of other participating agencies with relevant expertise and project sponsors as appropriate, and with an opportunity for public notice and comment and consideration of those comments by the Federal lead agency, that the following conditions have been met:

(1)

The planning product was developed through a planning process conducted pursuant to applicable Federal law.

(2)

The planning product was developed by engaging in active consultation with appropriate Federal and State resource agencies and Indian tribes.

(3)

The planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects, including effects on the human and natural environment.

(4)

During the planning process, notice was provided through publication or other means to Federal, State, local, and tribal governments that might have an interest in the proposed project, and to members of the general public, of the planning products that the planning process might produce and that might be relied on during any subsequent environmental review process, and such entities have been provided an appropriate opportunity to participate in the planning process leading to such planning product.

(5)

After initiation of the environmental review process, but prior to determining whether to rely on and use the planning product, the lead Federal agency has made documentation relating to the planning product available to Federal, State, local, and tribal governments that may have an interest in the proposed action, and to members of the general public, and has considered any resulting comments.

(6)

There is no significant new information or new circumstance that has a reasonable likelihood of affecting the continued validity or appropriateness of the planning product.

(7)

The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies.

(8)

The planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process.

(9)

The planning product is appropriate for adoption and use in the environmental review process for the project.

(10)

The planning product was approved not later than 5 years prior to date on which the information is adopted pursuant to this section.

(e)

Effect of adoption

Any planning product adopted by the Federal lead agency in accordance with this section may be incorporated directly into an environmental review process document or other environmental document and may be relied upon and used by other Federal agencies in carrying out reviews of the project.

(f)

Rules of construction

(1)

In general

This section shall not be construed to make the environmental review process applicable to the transportation planning process conducted under this title and chapter 53 of title 49.

(2)

Transportation planning activities

Initiation of the environmental review process as a part of, or concurrently with, transportation planning activities does not subject transportation plans and programs to the environmental review process.

(3)

Planning products

This section shall not be construed to affect the use of planning products in the environmental review process pursuant to other authorities under any other provision of law or to restrict the initiation of the environmental review process during planning.

.

(b)

Technical and conforming amendment

The analysis for chapter 1 of title 23, United States Code (as amended by section 1115(b)), is amended by adding at end the following:

Sec. 168. Integration of planning and environmental review.

.

1311.

Development of programmatic mitigation plans

(a)

In general

Chapter 1 of title 23, United States Code (as amended by section 1310(a)), is amended by adding at the end the following:

169.

Development of programmatic mitigation plans

(a)

In general

As part of the statewide or metropolitan transportation planning process, a State or metropolitan planning organization may develop 1 or more programmatic mitigation plans to address the potential environmental impacts of future transportation projects.

(b)

Scope

(1)

Scale

A programmatic mitigation plan may be developed on a regional, ecosystem, watershed, or statewide scale.

(2)

Resources

The plan may encompass multiple environmental resources within a defined geographic area or may focus on a specific resource, such as aquatic resources, parkland, or wildlife habitat.

(3)

Project impacts

The plan may address impacts from all projects in a defined geographic area or may focus on a specific type of project.

(4)

Consultation

The scope of the plan shall be determined by the State or metropolitan planning organization, as appropriate, in consultation with the agency or agencies with jurisdiction over the resources being addressed in the mitigation plan.

(c)

Contents

A programmatic mitigation plan may include—

(1)

an assessment of the condition of environmental resources in the geographic area covered by the plan, including an assessment of recent trends and any potential threats to those resources;

(2)

an assessment of potential opportunities to improve the overall quality of environmental resources in the geographic area covered by the plan, through strategic mitigation for impacts of transportation projects;

(3)

standard measures for mitigating certain types of impacts;

(4)

parameters for determining appropriate mitigation for certain types of impacts, such as mitigation ratios or criteria for determining appropriate mitigation sites;

(5)

adaptive management procedures, such as protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information gathered through the monitoring; and

(6)

acknowledgment of specific statutory or regulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources.

(d)

Process

Before adopting a programmatic mitigation plan, a State or metropolitan planning organization shall—

(1)

consult with each agency with jurisdiction over the environmental resources considered in the programmatic mitigation plan;

(2)

make a draft of the plan available for review and comment by applicable environmental resource agencies and the public;

(3)

consider any comments received from such agencies and the public on the draft plan; and

(4)

address such comments in the final plan.

(e)

Integration with other plans

A programmatic mitigation plan may be integrated with other plans, including watershed plans, ecosystem plans, species recovery plans, growth management plans, and land use plans.

(f)

Consideration in project development and permitting

If a programmatic mitigation plan has been developed pursuant to this section, any Federal agency responsible for environmental reviews, permits, or approvals for a transportation project may use the recommendations in a programmatic mitigation plan when carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(g)

Preservation of existing authorities

Nothing in this section limits the use of programmatic approaches to reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

.

(b)

Technical and conforming amendment

The analysis for chapter 1 of title 23, United States Code (as amended by section 1309(b)), is amended by adding at the end the following:

Sec. 169. Development of programmatic mitigation plans.

.

1312.

State assumption of responsibility for categorical exclusions

Section 326 of title 23, United States Code, is amended—

(1)

in subsection (a) by adding at the end the following:

(4)

Preservation of flexibility

The Secretary shall not require a State, as a condition of assuming responsibility under this section, to forego project delivery methods that are otherwise permissible for highway projects.

;

(2)

by striking subsection (d) and inserting the following:

(d)

Termination

(1)

Termination by the secretary

The Secretary may terminate any assumption of responsibility under a memorandum of understanding on a determination that the State is not adequately carrying out the responsibilities assigned to the State.

(2)

Termination by the state

The State may terminate the participation of the State in the program at any time by providing to the Secretary a notice not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the Secretary may provide.

; and

(3)

by adding at the end the following:

(f)

Legal fees

A State assuming the responsibilities of the Secretary under this section for a specific project may use funds apportioned to the State under section 104(b)(2) for attorney’s fees directly attributable to eligible activities associated with the project.

.

1313.

Surface transportation project delivery program

(a)

Program name

Section 327 of title 23, United States Code, is amended—

(1)

in the section heading by striking pilot; and

(2)

in subsection (a)(1) by striking pilot.

(b)

Assumption of responsibility

Section 327(a)(2) of title 23, United States Code, is amended—

(1)

in subparagraph (B)—

(A)

in clause (i) by striking but; and

(B)

by striking clause (ii) and inserting the following:

(ii)

at the request of the State, the Secretary may also assign to the State, and the State may assume, the responsibilities of the Secretary with respect to 1 or more railroad, public transportation, or multimodal projects within the State under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(iii)

in a State that has assumed the responsibilities of the Secretary under clause (ii), a recipient of assistance under chapter 53 of title 49 may request that the Secretary maintain the responsibilities of the Secretary with respect to 1 or more public transportation projects within the State under the National Environmental Policy Act of 1969 (42 U.S.C. 13 4321 et seq.); but

(iv)

the Secretary may not assign—

(I)

any responsibility imposed on the Secretary by section 134 or 135 or section 5303 or 5304 of title 49; or

(II)

responsibility for any conformity determination required under section 176 of the Clean Air Act (42 U.S.C. 7506).

; and

(2)

by adding at the end the following:

(F)

Preservation of flexibility

The Secretary may not require a State, as a condition of participation in the program, to forego project delivery methods that are otherwise permissible for projects.

(G)

Legal fees

A State assuming the responsibilities of the Secretary under this section for a specific project may use funds apportioned to the State under section 104(b)(2) for attorneys' fees directly attributable to eligible activities associated with the project.

.

(c)

State participation

Section 327(b) of title 23, United States Code, is amended—

(1)

by striking paragraph (1) and inserting the following:

(1)

Participating States

All States are eligible to participate in the program.

; and

(2)

in paragraph (2) by striking date of enactment of this section, the Secretary shall promulgate and inserting date on which amendments to this section by the MAP-21 take effect, the Secretary shall amend, as appropriate,.

(d)

Written agreement

Section 327(c) of title 23, United States Code, is amended—

(1)

in paragraph (3)(D) by striking the period at the end and inserting a semicolon; and

(2)

by adding at the end the following:

(4)

require the State to provide to the Secretary any information the Secretary considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State;

(5)

have a term of not more than 5 years; and

(6)

be renewable.

.

(e)

Conforming amendment

Section 327(e) of title 23, United States Code, is amended by striking subsection (i) and inserting subsection (j).

(f)

Audits

Section 327(g)(1)(B) of title 23, United States Code, is amended by striking subsequent year and inserting of the third and fourth years.

(g)

Monitoring

Section 327 of title 23, United States Code, is amended—

(1)

by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and

(2)

by inserting after subsection (g) the following:

(h)

Monitoring

After the fourth year of the participation of a State in the program, the Secretary shall monitor compliance by the State with the written agreement, including the provision by the State of financial resources to carry out the written agreement.

.

(h)

Termination

Section 327(j) of title 23, United States Code (as so redesignated), is amended to read as follows:

(j)

Termination

(1)

Termination by the secretary

The Secretary may terminate the participation of any State in the program if—

(A)

the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State;

(B)

the Secretary provides to the State—

(i)

notification of the determination of noncompliance; and

(ii)

a period of at least 30 days during which to take such corrective action as the Secretary determines is necessary to comply with the applicable agreement; and

(C)

the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary.

(2)

Termination by the State

The State may terminate the participation of the State in the program at any time by providing to the Secretary a notice by not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the Secretary may provide.

.

(i)

Clerical amendment

The item relating to section 327 in the analysis of title 23, United States Code, is amended to read as follows:

327. Surface transportation project delivery program.

.

1314.

Application of categorical exclusions for multimodal projects

(a)

In general

Section 304 of title 49, United States Code, is amended to read as follows:

304.

Application of categorical exclusions for multimodal projects

(a)

Definitions

In this section, the following definitions apply:

(1)

Cooperating authority

The term cooperating authority means a Department of Transportation operating authority that is not the lead authority with respect to a project.

(2)

Lead authority

The term lead authority means a Department of Transportation operating administration or secretarial office that—

(A)

is the lead authority over a proposed multimodal project; and

(B)

has determined that the components of the project that fall under the modal expertise of the lead authority—

(i)

satisfy the conditions for a categorical exclusion under implementing regulations or procedures of the lead authority under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(ii)

do not require the preparation of an environmental assessment or environmental impact statement under that Act.

(3)

Multimodal project

The term multimodal project has the meaning given the term in section 139(a) of title 23.

(b)

Exercise of authorities

The authorities granted in this section may be exercised for a multimodal project, class of projects, or program of projects that are carried out under this title.

(c)

Application of categorical exclusions for multimodal projects

In considering the environmental impacts of a proposed multimodal project, a lead authority may apply a categorical exclusion designated under the implementing regulations or procedures of a cooperating authority for other components of the project, subject to the conditions that—

(1)

the multimodal project is funded under 1 grant agreement administered by the lead authority;

(2)

the multimodal project has components that require the expertise of a cooperating authority to assess the environmental impacts of the components;

(3)

the component of the project to be covered by the categorical exclusion of the cooperating authority has independent utility;

(4)

the cooperating authority, in consultation with the lead authority—

(A)

follows implementing regulations or procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(B)

determines that a categorical exclusion under that Act applies to the components; and

(5)

the lead authority has determined that—

(A)

the project, using the categorical exclusions of the lead authority and each applicable cooperating authority, does not individually or cumulatively have a significant impact on the environment; and

(B)

extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(d)

Modal cooperation

(1)

In general

A cooperating authority shall provide modal expertise to the lead authority on such aspects of the multimodal project in which the cooperating authority has expertise.

(2)

Use of categorical exclusion

In a case described in paragraph (1), the 1 or more categorical exclusions of a cooperating authority may be applied by the lead authority once the cooperating authority reviews the project on behalf of the lead authority and determines the project satisfies the conditions for a categorical exclusion under the implementing regulations or procedures of the cooperating authority under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this section.

.

(b)

Conforming amendment

The item relating to section 304 in the analysis for title 49, United States Code, is amended to read as follows:

304. Application of categorical exclusions for multimodal projects

.

1315.

Categorical exclusions in emergencies

(a)

In general

Not later than 30 days after the date of enactment of this Act, for the repair or reconstruction of any road, highway, or bridge that is in operation or under construction when damaged by an emergency declared by the Governor of the State and concurred in by the Secretary, or for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary shall publish a notice of proposed rulemaking to treat any such repair or reconstruction activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act) if such repair or reconstruction activity is—

(1)

in the same location with the same capacity, dimensions, and design as the original road, highway, or bridge as before the declaration described in this section; and

(2)

commenced within a 2-year period beginning on the date of a declaration described in this section.

(b)

Rulemaking

(1)

In general

The Secretary shall ensure that the rulemaking helps to conserve Federal resources and protects public safety and health by providing for periodic evaluations to determine if reasonable alternatives exist to roads, highways, or bridges that repeatedly require repair and reconstruction activities.

(2)

Reasonable alternatives

The reasonable alternatives described in paragraph (1) include actions that could reduce the need for Federal funds to be expended on such repair and reconstruction activities, better protect public safety and health and the environment, and meet transportation needs as described in relevant and applicable Federal, State, local and tribal plans.

1316.

Categorical exclusions for projects within the right-of-way

(a)

In general

The Secretary shall—

(1)

not later than 180 days after the date of enactment of this Act, designate any project (as defined in section 101(a) of title 23, United States Code) within an existing operational right-of-way as an action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(c) of title 23, Code of Federal Regulations; and

(2)

not later than 150 days after the date of enactment of this Act, promulgate regulations to carry out paragraph (1).

(b)

Definition of an operational right-of-way

In this section, the term operational right-of-way means all real property interests acquired for the construction, operation, or mitigation of a project (as defined in section 101(a) of title 23, United States Code), including the locations of the roadway, bridges, interchanges, culverts, drainage, clear zone, traffic control signage, landscaping, and any rest areas with direct access to a controlled access highway.

1317.

Categorical exclusion for projects of limited Federal assistance

Not later than 180 days after the date of enactment of this Act, the Secretary shall—

(1)

designate as an action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(c) of title 23, Code of Federal Regulations, any project—

(A)

that receives less than $5,000,000 of Federal funds; or

(B)

with a total estimated cost of not more than $30,000,000 and Federal funds comprising less than 15 percent of the total estimated project cost; and

(2)

not later than 150 days after the date of enactment of this Act, promulgate regulations to carry out paragraph (1).

1318.

Programmatic agreements and additional categorical exclusions

(a)

In general

Not later than 60 days after the date of enactment of this Act, the Secretary shall—

(1)

survey the use by the Department of categorical exclusions in transportation projects since 2005;

(2)

publish a review of the survey that includes a description of—

(A)

the types of actions categorically excluded; and

(B)

any requests previously received by the Secretary for new categorical exclusions; and

(3)

solicit requests from State departments of transportation, transit authorities, metropolitan planning organizations, or other government agencies for new categorical exclusions.

(b)

New categorical exclusions

Not later than 120 days after the date of enactment of this Act, the Secretary shall publish a notice of proposed rulemaking to propose new categorical exclusions received by the Secretary under subsection (a), to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(a) of title 23, Code of Federal Regulations (as those regulations are in effect on the date of the notice).

(c)

Additional actions

The Secretary shall issue a proposed rulemaking to move the following types of actions from subsection (d) of section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act), to subsection (c) of that section, to the extent that such movement complies with the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act):

(1)

Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (including parking, weaving, turning, and climbing).

(2)

Highway safety or traffic operations improvement projects, including the installation of ramp metering control devices and lighting.

(3)

Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings.

(d)

Programmatic agreements

(1)

In general

The Secretary shall seek opportunities to enter into programmatic agreements with the States that establish efficient administrative procedures for carrying out environmental and other required project reviews.

(2)

Inclusions

Programmatic agreements authorized under paragraph (1) may include agreements that allow a State to determine on behalf of the Federal Highway Administration whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(3)

Determinations

An agreement described in paragraph (2) may include determinations by the Secretary of the types of projects categorically excluded (consistent with section 1508.4 of title 40, Code of Federal Regulations) in the State in addition to the types listed in subsections (c) and (d) of section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act).

1319.

Accelerated decisionmaking in environmental reviews

(a)

In general

In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the lead agency may write on errata sheets attached to the statement instead of rewriting the draft statement, subject to the condition that the errata sheets—

(1)

cite the sources, authorities, or reasons that support the position of the agency; and

(2)

if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.

(b)

Incorporation

To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless—

(1)

the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or

(2)

there are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action.

1320.

Memoranda of agency agreements for early coordination

(a)

In general

It is the sense of Congress that—

(1)

the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other and other agencies on environmental review and project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, head off potential conflicts, and ensure that planning and project development decisions reflect environmental values; and

(2)

such cooperation should include the development of policies and the designation of staff that advise planning agencies or project sponsors of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes.

(b)

Technical assistance

If requested at any time by a State or local planning agency, the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process, shall, to the extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or local planning agency on accomplishing the early coordination activities described in subsection (d).

(c)

Memorandum of agency agreement

If requested at any time by a State or local planning agency, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, State, and local governments and other appropriate entities to accomplish the early coordination activities described in subsection (d).

(d)

Early coordination activities

Early coordination activities shall include, to the maximum extent practicable, the following:

(1)

Technical assistance on identifying potential impacts and mitigation issues in an integrated fashion.

(2)

The potential appropriateness of using planning products and decisions in later environmental reviews.

(3)

The identification and elimination from detailed study in the environmental review process of the issues that are not significant or that have been covered by prior environmental reviews.

(4)

The identification of other environmental review and consultation requirements so that the lead and cooperating agencies may prepare, as appropriate, other required analyses and studies concurrently with planning activities.

(5)

The identification by agencies with jurisdiction over any permits related to the project of any and all relevant information that will reasonably be required for the project.

(6)

The reduction of duplication between requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and State and local planning and environmental review requirements, unless the agencies are specifically barred from doing so by applicable law.

(7)

Timelines for the completion of agency actions during the planning and environmental review processes.

(8)

Other appropriate factors.

1321.

Environmental procedures initiative

(a)

Establishment

For grant programs under which funds are distributed by formula by the Department, the Secretary shall establish an initiative to review and develop consistent procedures for environmental permitting and procurement requirements that apply to a project carried out under title 23, United States Code, or chapter 53 of title 49, United States Code.

(b)

Report

The Secretary shall publish the results of the initiative described in subsection (a) in an electronically accessible format.

1322.

Review of State environmental reviews and approvals for the purpose of eliminating duplication of environmental reviews

For environmental reviews and approvals carried out on projects funded under title 23, United States Code, the Comptroller General of the United States shall—

(1)

review State laws and procedures for conducting environmental reviews with regard to such projects and identify the States that have environmental laws that provide environmental protections and opportunities for public involvement that are equivalent to those provided by Federal environmental laws;

(2)

determine the frequency and cost of environmental reviews carried out at the Federal level that are duplicative of State reviews that provide equivalent environmental protections and opportunities for public involvement; and

(3)

not later than 2 years after the date of enactment of this Act, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the results of the review and determination made under this section.

1323.

Review of Federal project and program delivery

(a)

Completion time assessments and reports

(1)

In general

For projects funded under title 23, United States Code, the Secretary shall compare—

(A)
(i)

the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated after calendar year 2005; to

(ii)

the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated during a period prior to calendar year 2005; and

(B)
(i)

the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated during the period beginning on January 1, 2005, and ending on the date of enactment of this Act; to

(ii)

the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated after the date of enactment of this Act.

(2)

Report

The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate—

(A)

not later than 1 year after the date of enactment of this Act, a report that—

(i)

describes the results of the review conducted under paragraph (1)(A); and

(ii)

identifies any change in the timing for completions, including the reasons for any such change and the reasons for delays in excess of 5 years; and

(B)

not later than 5 years after the date of enactment of this Act, a report that—

(i)

describes the results of the review conducted under paragraph (1)(B); and

(ii)

identifies any change in the timing for completions, including the reasons for any such change and the reasons for delays in excess of 5 years.

(b)

Additional report

Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the types and justification for the additional categorical exclusions granted under the authority provided under sections 1316 and 1317.

(c)

GAO report

The Comptroller General of the United States shall—

(1)

assess the reforms carried out under this subtitle (including the amendments made by this subtitle); and

(2)

not later than 5 years after the date of enactment of this Act, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the results of the assessment.

(d)

Inspector general report

The Inspector General of the Department of Transportation shall—

(1)

assess the reforms carried out under this subtitle (including the amendments made by this subtitle); and

(2)

submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate—

(A)

not later than 2 years after the date of enactment of this Act, an initial report of the findings of the Inspector General; and

(B)

not later than 4 years after the date of enactment of this Act, a final report of the findings.

D

Highway safety

1401.

Jason’s law

(a)

In general

It is the sense of Congress that it is a national priority to address projects under this section for the shortage of long-term parking for commercial motor vehicles on the National Highway System to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators.

(b)

Eligible projects

Eligible projects under this section are those that—

(1)

serve the National Highway System; and

(2)

may include the following:

(A)

Constructing safety rest areas (as defined in section 120(c) of title 23, United States Code) that include parking for commercial motor vehicles.

(B)

Constructing commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas.

(C)

Opening existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities.

(D)

Promoting the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means.

(E)

Constructing turnouts along the National Highway System for commercial motor vehicles.

(F)

Making capital improvements to public commercial motor vehicle parking facilities currently closed on a seasonal basis to allow the facilities to remain open year-round.

(G)

Improving the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities.

(c)

Survey and comparative assessment

(1)

In general

Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with relevant State motor carrier safety personnel, shall conduct a survey of each State—

(A)

to evaluate the capability of the State to provide adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation;

(B)

to assess the volume of commercial motor vehicle traffic in the State; and

(C)

to develop a system of metrics to measure the adequacy of commercial motor vehicle parking facilities in the State.

(2)

Results

The results of the survey under paragraph (1) shall be made available to the public on the website of the Department of Transportation.

(3)

Periodic updates

The Secretary shall periodically update the survey under this subsection.

(d)

Electric vehicle and natural gas vehicle infrastructure

(1)

In general

Except as provided in paragraph (2), a State may establish electric vehicle charging stations or natural gas vehicle refueling stations for the use of battery-powered or natural gas-fueled trucks or other motor vehicles at any parking facility funded or authorized under this Act or title 23, United States Code.

(2)

Exception

Electric vehicle battery charging stations or natural gas vehicle refueling stations may not be established or supported under paragraph (1) if commercial establishments serving motor vehicle users are prohibited by section 111 of title 23, United States Code.

(3)

Funds

Charging or refueling stations described in paragraph (1) shall be eligible for the same funds as are available for the parking facilities in which the stations are located.

(e)

Treatment of projects

Notwithstanding any other provision of law, projects funded through the authority provided under this section shall be treated as projects on a Federal-aid highway under chapter 1 of title 23, United States Code.

1402.

Open container requirements

Section 154(c) of title 23, United States Code, is amended—

(1)

by striking paragraph (2) and inserting the following:

(2)

Fiscal year 2012 and thereafter

(A)

Reservation of funds

On October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1) and paragraph (3).

(B)

Transfer of funds

As soon as practicable after the date of receipt of a certification from a State under subparagraph (A), the Secretary shall—

(i)

transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and

(ii)

release the reserved funds identified by the State as described in paragraph (3).

;

(2)

by striking paragraph (3) and inserting the following:

(3)

Use for highway safety improvement program

(A)

In general

A State may elect to use all or a portion of the funds transferred under paragraph (2) for activities eligible under section 148.

(B)

State departments of transportation

If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.

; and

(3)

by striking paragraph (5) and inserting the following:

(5)

Derivation of amount to be transferred

The amount to be transferred under paragraph (2) may be derived from the following:

(A)

The apportionment of the State under section 104(b)(l).

(B)

The apportionment of the State under section 104(b)(2).

.

1403.

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

(a)

Definitions

Section 164(a) of title 23, United States Code, is amended—

(1)

by striking paragraph (3);

(2)

by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and

(3)

in paragraph (4) (as so redesignated) by striking subparagraph (A) and inserting the following:

(A)

receive—

(i)

a suspension of all driving privileges for not less than 1 year; or

(ii)

a suspension of unlimited driving privileges for 1 year, allowing for the reinstatement of limited driving privileges subject to restrictions and limited exemptions as established by State law, if an ignition interlock device is installed for not less than 1 year on each of the motor vehicles owned or operated, or both, by the individual;

.

(b)

Transfer of funds

Section 164(b) of title 23, United States Code, is amended—

(1)

by striking paragraph (2) and inserting the following:

(2)

Fiscal year 2012 and thereafter

(A)

Reservation of funds

On October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the States will use those reserved funds among the uses authorized under subparagraphs (A) and (B) of paragraph (1), and paragraph (3).

(B)

Transfer of funds

As soon as practicable after the date of receipt of a certification from a State under subparagraph (A), the Secretary shall—

(i)

transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and

(ii)

release the reserved funds identified by the State as described in paragraph (3).

;

(2)

by striking paragraph (3) and inserting the following:

(3)

Use for highway safety improvement program

(A)

In general

A State may elect to use all or a portion of the funds transferred under paragraph (2) for activities eligible under section 148.

(B)

State departments of transportation

If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.

; and

(3)

by striking paragraph (5) and inserting the following:

(5)

Derivation of amount to be transferred

The amount to be transferred under paragraph (2) may be derived from the following:

(A)

The apportionment of the State under section 104(b)(1).

(B)

The apportionment of the State under section 104(b)(2).

.

1404.

Adjustments to penalty provisions

(a)

Vehicle weight limitations

Section 127(a)(1) of title 23, United States Code, is amended by striking No funds shall be apportioned in any fiscal year under section 104(b)(1) of this title to any State which and inserting The Secretary shall withhold 50 percent of the apportionment of a State under section 104(b)(1) in any fiscal year in which the State.

(b)

Control of junkyards

Section 136 of title 23, United States Code, is amended—

(1)

in subsection (b), in the first sentence—

(A)

by striking 10 per centum and inserting 7 percent; and

(B)

by striking section 104 of this title and inserting paragraphs (1) through (5) of section 104(b); and

(2)

by adding at the end the following:

(n)

Definitions

For purposes of this section, the terms primary system’ and ‘Federal-aid primary system mean any highway that is on the National Highway System, which includes the Interstate Highway System.

.

(c)

Enforcement of vehicle size and weight laws

Section 141(b)(2) of title 23, United States Code, is amended—

(1)

by striking 10 per centum and inserting 7 percent; and

(2)

by striking section 104 of this title and inserting paragraphs (1) through (5) of section 104(b).

(d)

Proof of payment of the heavy vehicle use tax

Section 141(c) of title 23, United States Code, is amended—

(1)

by striking section 104(b)(4) each place it appears and inserting section 104(b)(1); and

(2)

in the first sentence by striking 25 per centum and inserting 8 percent.

(e)

Use of safety belts

Section 153(h) of title 23, United States Code, is amended—

(1)

by striking paragraph (1);

(2)

by redesignating paragraph (2) as paragraph (1);

(3)

in paragraph (1) (as so redesignated)—

(A)

by striking the paragraph heading and inserting Prior to fiscal year 2012; and

(B)

by inserting and before October 1, 2011, after September 30, 1994,; and

(4)

by inserting after paragraph (1) (as so redesignated) the following:

(2)

Fiscal year 2012 and thereafter

If, at any time in a fiscal year beginning after September 30, 2011, a State does not have in effect a law described in subsection (a)(2), the Secretary shall transfer an amount equal to 2 percent of the funds apportioned to the State for the succeeding fiscal year under each of paragraphs (1) through (3) of section 104(b) to the apportionment of the State under section 402.

.

(f)

National minimum drinking age

Section 158(a)(1) of title 23, United States Code, is amended—

(1)

by striking The Secretary and inserting the following:

(A)

Fiscal years before 2012

The Secretary

; and

(2)

by adding at the end the following:

(B)

Fiscal year 2012 and thereafter

For fiscal year 2012 and each fiscal year thereafter, the amount to be withheld under this section shall be an amount equal to 8 percent of the amount apportioned to the noncompliant State, as described in subparagraph (A), under paragraphs (1) and (2) of section 104(b).

.

(g)

Drug offenders

Section 159 of title 23, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking paragraph (1);

(B)

by redesignating paragraph (2) as paragraph (1);

(C)

in paragraph (1) (as so redesignated) by striking (including any amounts withheld under paragraph (1)); and

(D)

by inserting after paragraph (1) (as so redesignated) the following:

(2)

Fiscal year 2012 and thereafter

The Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on the first day of each fiscal year beginning after September 30, 2011, if the State fails to meet the requirements of paragraph (3) on the first day of the fiscal year.

; and

(2)

by striking subsection (b) and inserting the following:

(b)

Effect of noncompliance

No funds withheld under this section from apportionments to any State shall be available for apportionment to that State.

.

(h)

Zero tolerance blood alcohol concentration for minors

Section 161(a) of title 23, United States Code, is amended—

(1)

by striking paragraph (1);

(2)

by redesignating paragraph (2) as paragraph (1);

(3)

in paragraph (1) (as so redesignated)—

(A)

by striking the paragraph heading and inserting Prior to fiscal year 2012; and

(B)

by inserting through fiscal year 2011 after each fiscal year thereafter; and

(4)

by inserting after paragraph (1) (as so redesignated) the following:

(2)

Fiscal year 2012 and thereafter

The Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on October 1, 2011, and on October 1 of each fiscal year thereafter, if the State does not meet the requirement of paragraph (3) on that date.

.

(i)

Operation of motor vehicles by intoxicated persons

Section 163(e) of title 23, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following:

(1)

Fiscal years 2007 through 2011

On October 1, 2006, and October 1 of each fiscal year thereafter through fiscal year 2011, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 8 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b).

(2)

Fiscal year 2012 and thereafter

On October 1, 2011, and October 1 of each fiscal year thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 6 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b).

.

(j)

Commercial driver’s license

Section 31314 of title 49, United States Code, is amended—

(1)

by redesignating subsection (c) as subsection (d); and

(2)

by inserting after subsection (b) the following:

(c)

Penalties imposed in fiscal year 2012 and thereafter

Effective beginning on October 1, 2011—

(1)

the penalty for the first instance of noncompliance by a State under this section shall be not more than an amount equal to 4 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of section 104(b) of title 23; and

(2)

the penalty for subsequent instances of noncompliance shall be not more than an amount equal to 8 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of section 104(b) of title 23.

.

1405.

Highway worker safety

Not later than 60 days after the date of enactment of this Act, the Secretary shall modify section 630.1108(a) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that—

(1)

at a minimum, positive protective measures are used to separate workers on highway construction projects from motorized traffic in all work zones conducted under traffic in areas that offer workers no means of escape (such as tunnels and bridges), unless an engineering study determines otherwise;

(2)

temporary longitudinal traffic barriers are used to protect workers on highway construction projects in long-duration stationary work zones when the project design speed is anticipated to be high and the nature of the work requires workers to be within 1 lane-width from the edge of a live travel lane, unless—

(A)

an analysis by the project sponsor determines otherwise; or

(B)

the project is outside of an urbanized area and the annual average daily traffic load of the applicable road is less than 100 vehicles per hour; and

(3)

when positive protective devices are necessary for highway construction projects, those devices are paid for on a unit-pay basis, unless doing so would create a conflict with innovative contracting approaches, such as design-build or some performance-based contracts under which the contractor is paid to assume a certain risk allocation and payment is generally made on a lump-sum basis.

E

Miscellaneous

1501.

Real-time ridesharing

Paragraph (3) of section 101(a) of title 23, United States Code (as redesignated by section 1103(a)(2)), is amended by striking and designating existing facilities for use for preferential parking for carpools and inserting designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.

1502.

Program efficiencies

The first sentence of section 102(b) of title 23, United States Code, is amended by striking made available for such engineering and inserting reimbursed for the preliminary engineering.

1503.

Project approval and oversight

(a)

In general

Section 106 of title 23, United States Code, is amended—

(1)

in subsection (a)(2) by inserting recipient before formalizing;

(2)

in subsection (c)—

(A)

in paragraph (1)—

(i)

in the heading, by striking Non-interstate;

(ii)

by striking but not on the Interstate System; and inserting , including projects on the Interstate System; and

(iii)

by striking of projects and all that follows through the period at the end and inserting with respect to the projects unless the Secretary determines that the assumption is not appropriate.; and

(B)

by striking paragraph (4) and inserting the following:

(4)

Limitation on interstate projects

(A)

In general

The Secretary shall not assign any responsibilities to a State for projects the Secretary determines to be in a high risk category, as defined under subparagraph (B).

(B)

High risk categories

The Secretary may define the high risk categories under this subparagraph on a national basis, a State-by-State basis, or a national and State-by-State basis, as determined to be appropriate by the Secretary.

;

(3)

in subsection (e)—

(A)

in paragraph (1)(A)—

(i)

in the matter preceding clause (i)—

(I)

by striking concept and inserting planning; and

(II)

by striking multidisciplined and inserting multidisciplinary; and

(ii)

by striking clause (i) and inserting the following:

(i)

providing the needed functions safely, reliably, and at the lowest overall lifecycle cost;

;

(B)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A) by striking or other cost-reduction analysis;

(ii)

in subparagraph (A)—

(I)

by striking Federal-aid system and inserting National Highway System receiving Federal assistance; and

(II)

by striking $25,000,000 and inserting $50,000,000; and

(iii)

in subparagraph (B)—

(I)

by inserting on the National Highway System receiving Federal assistance after a bridge project; and

(II)

by striking $20,000,000 and inserting $40,000,000; and

(C)

by striking paragraph (4) and inserting the following:

(4)

Requirements

(A)

Value engineering program

The State shall develop and carry out a value engineering program that—

(i)

establishes and documents value engineering program policies and procedures;

(ii)

ensures that the required value engineering analysis is conducted before completing the final design of a project;

(iii)

ensures that the value engineering analysis that is conducted, and the recommendations developed and implemented for each project, are documented in a final value engineering report; and

(iv)

monitors, evaluates, and annually submits to the Secretary a report that describes the results of the value analyses that are conducted and the recommendations implemented for each of the projects described in paragraph (2) that are completed in the State.

(B)

Bridge projects

The value engineering analysis for a bridge project under paragraph (2) shall—

(i)

include bridge superstructure and substructure requirements based on construction material; and

(ii)

be evaluated by the State—

(I)

on engineering and economic bases, taking into consideration acceptable designs for bridges; and

(II)

using an analysis of lifecycle costs and duration of project construction.

(5)

Design-build projects

A requirement to provide a value engineering analysis under this subsection shall not apply to a project delivered using the design-build method of construction.

;

(4)

in subsection (h)—

(A)

in paragraph (1)(B) by inserting , including a phasing plan when applicable after financial plan; and

(B)

by striking paragraph (3) and inserting the following:

(3)

Financial plan

A financial plan—

(A)

shall be based on detailed estimates of the cost to complete the project;

(B)

shall provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project;

(C)

may include a phasing plan that identifies fundable incremental improvements or phases that will address the purpose and the need of the project in the short term in the event there are insufficient financial resources to complete the entire project. If a phasing plan is adopted for a project pursuant to this section, the project shall be deemed to satisfy the fiscal constraint requirements in the statewide and metropolitan planning requirements in sections 134 and 135; and

(D)

shall assess the appropriateness of a public-private partnership to deliver the project.

; and

(5)

by adding at the end the following:

(j)

Use of advanced modeling technologies

(1)

Definition of advanced modeling technology

In this subsection, the term advanced modeling technology means an available or developing technology, including 3-dimensional digital modeling, that can—

(A)

accelerate and improve the environmental review process;

(B)

increase effective public participation;

(C)

enhance the detail and accuracy of project designs;

(D)

increase safety;

(E)

accelerate construction, and reduce construction costs; or

(F)

otherwise expedite project delivery with respect to transportation projects that receive Federal funding.

(2)

Program

With respect to transportation projects that receive Federal funding, the Secretary shall encourage the use of advanced modeling technologies during environmental, planning, financial management, design, simulation, and construction processes of the projects.

(3)

Activities

In carrying out paragraph (2), the Secretary shall—

(A)

compile information relating to advanced modeling technologies, including industry best practices with respect to the use of the technologies;

(B)

disseminate to States information relating to advanced modeling technologies, including industry best practices with respect to the use of the technologies; and

(C)

promote the use of advanced modeling technologies.

(4)

Comprehensive plan

The Secretary shall develop and publish on the public website of the Department of Transportation a detailed and comprehensive plan for the implementation of paragraph (2).

.

(b)

Review of oversight program

(1)

In general

The Secretary shall review the oversight program established under section 106(g) of title 23, United States Code, to determine the efficacy of the program in monitoring the effective and efficient use of funds authorized to carry out title 23, United States Code.

(2)

Minimum requirements for review

At a minimum, the review under paragraph (1) shall assess the capability of the program to—

(A)

identify projects funded under title 23, United States Code, for which there are cost or schedule overruns; and

(B)

evaluate the extent of such overruns.

(3)

Report to congress

Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the review conducted under paragraph (1), which shall include recommendations for legislative changes to improve the oversight program established under section 106(g) of title 23, United States Code.

(c)

Transparency and accountability

(1)

Data collection

The Secretary shall compile and make available on the public website of the Department of Transportation the annual expenditure data for funds made available under title 23 and chapter 53 of title 49, United States Code.

(2)

Requirements

In carrying out paragraph (1), the Secretary shall ensure that the data made available on the public website of the Department of Transportation—

(A)

is organized by project and State;

(B)

to the maximum extent practicable, is updated regularly to reflect the current status of obligations, expenditures, and Federal-aid projects; and

(C)

can be searched and downloaded by users of the website.

(3)

Report to congress

The Secretary shall annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing a summary of the data described in paragraph (1) for the 1-year period ending on the date on which the report is submitted.

1504.

Standards

Section 109 of title 23, United States Code, is amended by adding at the end the following:

(r)

Pavement markings

The Secretary shall not approve any pavement markings project that includes the use of glass beads containing more than 200 parts per million of arsenic or lead, as determined in accordance with Environmental Protection Agency testing methods 3052, 6010B, or 6010C.

.

1505.

Justification reports for access points on the Interstate System

Section 111 of title 23, United States Code, is amended by adding at the end the following:

(e)

Justification reports

If the Secretary requests or requires a justification report for a project that would add a point of access to, or exit from, the Interstate System, the Secretary may permit a State transportation department to approve the report.

.

1506.

Construction

Section 114(b) of title 23, United States Code, is amended—

(1)

in subsection (b)—

(A)

by striking paragraph (1) and inserting the following:

(1)

Limitation on convict labor

Convict labor shall not be used in construction of Federal-aid highways or portions of Federal-aid highways unless the labor is performed by convicts who are on parole, supervised release, or probation.

; and

(B)