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

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

meet national defense requirements; and

serve interstate and interregional travel and commerce.

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.

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.

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.

A strategic highway network that—

Major strategic highway network connectors that—

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—

Cooperation

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.

Design

Location

Highways on the Interstate System shall be located so as—

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.

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.

Designations as future interstate system routes

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.

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.

Individual elements

Subject to subparagraph (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).

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

$440,000,000 for fiscal year 2014.

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

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

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.

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

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.

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

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.

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.

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).

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:

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).

Use

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.

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—

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.

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

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.

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.

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.

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.

Non-federal share

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

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).

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.

Apportionment

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

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.

program;

funding category of subcategory;

type of improvement;

State; and

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

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

consistent with sections 134 and 135; and

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

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.

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.

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.

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

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

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—

Bicycle transportation and pedestrian walkways in accordance with section 217.

Highway safety improvements for segments of the National Highway System.

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

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.

Infrastructure-based intelligent transportation systems capital improvements.

Environmental restoration and pollution abatement in accordance with section 328.

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

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

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

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;

asset management objectives and measures;

performance gap identification;

lifecycle cost and risk management analysis;

a financial plan; and

investment strategies.

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—

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.

Opportunity to cure

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

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—

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.

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.

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.

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

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

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

Contributions to the mitigation effort may—

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.

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

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.

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

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;

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

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

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.

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

are—

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

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.

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

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.

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

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

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

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.

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.

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.

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

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.

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.

Additional funding

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

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.

Uniformity

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

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

establish the maximum time period between inspections;

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

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

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

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

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—

In general

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

Noncompliance

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

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.

Amount

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

the methodology, training, and qualifications for inspectors; and

the frequency of inspection.

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—

Inclusions

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

In general

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

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.

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.

Inclusion

The term safety project under any other section includes—

is developed after consultation with—

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

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;

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

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

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

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

is consistent with section 135(g); and

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

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);

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

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.

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

based on the analysis required by subparagraph (A)—

adopt strategic and performance-based goals that—

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

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.

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—

In general

Each State shall—

Requirements for approval

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

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

as provided in subsection (g); or

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.

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.

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).

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.

Inclusions

The term data improvement activities includes a project or activity—

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

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

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

assesses the effectiveness of those improvements; and

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

the website of the Department; and

such other means as the Secretary determines to be appropriate.

identifies roadway features that constitute a hazard to road users;

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

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

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

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

Apportionment

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.

Eligible uses of funds

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

American Samoa.

The Commonwealth of the Northern Mariana Islands.

Guam.

The United States Virgin Islands.

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—

Federal share

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

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—

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).

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.

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.

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—

Technical assistance

The agreement required by subparagraph (A) shall—

Review and revision of agreement

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

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—

In general

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

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.

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

reduce congestion; and

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

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;

the portions of the Interstate System not designated as part of the primary freight network; and

critical rural freight corridors established under subsection (e).

Designation

Not later than 1 year after the date of enactment of this section, the Secretary shall designate a primary freight network—

Factors for designation

In designating the primary freight network, the Secretary shall consider—

50,000 20-foot equivalent units per year; or

500,000 tons per year of bulk commodities.

an assessment of the condition and performance of the national freight network;

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—

forecasts of freight volumes for the 20-year period beginning in the year during which the plan is issued;

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;

an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved freight transportation performance (including opportunities for overcoming the barriers);

an identification of routes providing access to energy exploration, development, installation, or production areas;

best practices for improving the performance of the national freight network;

best practices to mitigate the impacts of freight movement on communities;

a process for addressing multistate projects and encouraging jurisdictions to collaborate; and

strategies to improve freight intermodal connectivity.

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—

identify transportation-related model data elements to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions; and

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.

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.

Credited funds

Any funds described in subparagraph (A) that are released by payment of final voucher or modification of project authorizations shall be—

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—

Effect

Nothing in this paragraph—

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.

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.

developed in cooperation with State and metropolitan planning organizations; and

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.

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—

Standards

The Secretary, in coordination with the Secretaries of the appropriate Federal land management agencies, shall define the collection and reporting data standards.

the Secretary;

the affected Secretaries of the respective Federal land management agencies;

State departments of transportation; and

local government agencies.

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

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.

a State (including a political subdivision of a State); or

an Indian tribe.

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—

Responsibility of bureau of indian affairs and secretary of the interior

Tribal-state road maintenance agreements

In general

The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.

Funds received

Any funds received from a State, county, or local subdivision shall be credited to appropriations available for the tribal transportation program.

Construction

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.

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.

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—

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.

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.

Bridges

All bridges in the inventory shall be recorded in the national bridge inventory administered by the Secretary under section 144.

Basis

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:

Tribal supplemental funding

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.

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.

provides assurances in the contract or agreement that the construction will meet or exceed applicable health and safety standards;

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

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.

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.).

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.

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.

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.

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.

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.

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.

Eligibility

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.).

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.).

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.

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.

selected by the Indian tribal government from the transportation improvement program; and

subject to the approval of the Secretary of the Interior and the Secretary.

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

to implement any countermeasure for deficient tribal transportation facility bridges, including multiple-pipe culverts.

have an opening of not less than 20 feet;

be classified as a tribal transportation facility; and

be structurally deficient or functionally obsolete.

program administration, transportation planning, research, preventive maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of Federal lands transportation facilities, and—

operation and maintenance of transit facilities;

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

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).

a State (including a political subdivision of a State); or

an Indian tribe.

In general

The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.

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.

In general

Subject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding.

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.

in consultation with the Secretaries of the applicable Federal land management agencies; and

in coordination with the transportation plans required under section 201 of the respective transportation systems of—

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.

Consideration by secretary

In evaluating an application submitted under subparagraph (A), the Secretary shall consider the extent to which the programs support—

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.

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

are owned by 1 of the following agencies:

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—

operation and maintenance of transit facilities; and

any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, Federal land.

a State (including a political subdivision of a State); or

an Indian tribe.

In general

The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.

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.

In general

Subject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding.

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.

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:

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:

The National Park Service.

The Forest Service.

The United States Fish and Wildlife Service.

The Bureau of Land Management.

The Corps of Engineers.

a representative of the Federal Highway Administration;

a representative of the State Department of Transportation; and

a representative of any appropriate political subdivision of the State.

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

the total amount of funds apportioned to all States for that fiscal year for the transportation enhancements program for fiscal year 2009.

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—

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

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.

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.

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.

Definition of eligible entity

In this paragraph, the term eligible entity means—

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

in accordance with procedures established by applicable State or local law.

local elected officials;

officials of public agencies that administer or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation; and

appropriate State officials.

to develop the plans and TIPs for adoption by a metropolitan planning organization; and

to develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.

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.

Restructuring

A metropolitan planning organization may be restructured to meet the requirements of paragraph (2) without undertaking a redesignation.

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

may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census.

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.

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).

shall be established in the manner described in subsection (d)(1);

shall encompass the areas described in paragraph (2)(A);

may encompass the areas described in paragraph (2)(B); and

may address any nonattainment area identified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide.

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

to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective.

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.

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—

support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency;

increase the safety of the transportation system for motorized and nonmotorized users;

increase the security of the transportation system for motorized and nonmotorized users;

increase the accessibility and mobility of people and for freight;

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;

enhance the integration and connectivity of the transportation system, across and between modes, for people and freight;

promote efficient system management and operation; and

emphasize the preservation of the existing transportation system.

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.

Performance targets

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.

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.

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.

Frequency

Identification of transportation facilities

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).

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—

Mitigation activities

Financial plan

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.

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.

Transportation and transit enhancement activities

Proposed transportation and transit enhancement activities.

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).

Recommended components

A metropolitan planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider—

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.

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.

Issues

The consultation shall involve, as appropriate—

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.

Contents of participation plan

A participation plan—

Methods

In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—

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—

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).

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.

Updating and approval

The TIP shall be—

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.

Financial plan

The TIP shall include a financial plan that—

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.

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.

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.

Projects under chapter 2

Consistency with long-range transportation plan

Each project shall be consistent with the long-range transportation plan developed under subsection (i) for the area.

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.

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—

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.

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).

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.

Publication of tips

A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review.

Publication of annual listings of projects

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.

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.

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.

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.

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.

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.

In general

The Secretary shall—

Requirements for certification

The Secretary may make the certification under subparagraph (A) if—

Effect of failure to certify

Review of certification

In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.

the overall effectiveness of performance-based planning as a tool for guiding transportation investments;

the effectiveness of the performance-based planning process of each metropolitan planning organization under this section;

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

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.

support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency;

increase the safety of the transportation system for motorized and nonmotorized users;

increase the security of the transportation system for motorized and nonmotorized users;

increase the accessibility and mobility of people and freight;

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;

enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight;

promote efficient system management and operation; and

emphasize the preservation of the existing transportation system.

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.

Performance targets

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.

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.

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.

Nonmetropolitan areas

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.

Consultation, comparison, and consideration

In general

In developing the statewide transportation plan, the State shall provide to—

Methods

In carrying out subparagraph (A), the State shall, to the maximum extent practicable—

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.

Consultation

The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.

a financial plan that—

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.

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

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;

In general

Each State shall develop a statewide transportation improvement program for all areas of the State.

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.

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.

Nonmetropolitan areas

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.

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.

Listing of projects

Projects under chapter 2

Consistency with statewide transportation plan

Each project shall be—

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.

Financial plan

Selection of projects from illustrative list

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.

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).

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.

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.

The extent to which the State has made transportation investments that are efficient and cost-effective.

The extent to which the State—

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—

Publication

The report under subparagraph (A) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.

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

a fiscal and administrative agent, such as an existing regional planning and development organization, to provide professional planning, management, and administrative support.

developing and maintaining, in cooperation with the State, regional long-range multimodal transportation plans;

developing a regional transportation improvement program for consideration by the State;

fostering the coordination of local planning, land use, and economic development plans with State, regional, and local transportation plans and programs;

providing technical assistance to local officials;

participating in national, multistate, and State policy and planning development processes to ensure the regional and local input of nonmetropolitan areas;

providing a forum for public participation in the statewide and regional transportation planning processes;

considering and sharing plans and programs with neighboring regional transportation planning organizations, metropolitan planning organizations, and, where appropriate, tribal organizations; and

conducting other duties, as necessary, to support and enhance the statewide planning process under subsection (d).

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;

take into consideration any comments relating to a proposed regulation received during that comment period; and

limit performance measures only to those described in this subsection.

In general

Subject to subparagraph (B), for the purpose of carrying out section 119, the Secretary shall establish—

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;

serious injuries and fatalities per vehicle mile traveled; and

the number of serious injuries and fatalities.

traffic congestion; and

on-road mobile source emissions.