< Back to S. 1813 (112th Congress, 2011–2013)

Text of MAP-21

This bill was introduced in a previous session of Congress and was passed by the Senate on March 14, 2012 but was never passed by the House. The text of the bill below is as of Mar 14, 2012 (Passed the Senate (Engrossed)).

Source: GPO

112th CONGRESS

2d Session

S. 1813

IN THE SENATE OF THE UNITED STATES

AN ACT

To reauthorize Federal-aid highway and highway safety construction 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–Air Transportation.

(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.

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. Transportation mobility 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 program.

Sec. 1116. Federal lands and tribal transportation programs.

Sec. 1117. Alaska Highway.

Sec. 1118. Projects of national and regional significance.

Sec. 1119. Construction of ferry boats and ferry terminal facilities.

Subtitle B—Performance management

Sec. 1201. Metropolitan transportation planning.

Sec. 1202. Statewide and nonmetropolitan transportation planning.

Sec. 1203. National goals.

Subtitle C—Acceleration of project delivery

Sec. 1301. Project delivery initiative.

Sec. 1302. Clarified eligibility for early acquisition activities prior to completion of NEPA review.

Sec. 1303. Efficiencies in contracting.

Sec. 1304. Innovative project delivery methods.

Sec. 1305. Assistance to affected State and Federal agencies.

Sec. 1306. Application of categorical exclusions for multimodal projects.

Sec. 1307. State assumption of responsibilities for categorical exclusions.

Sec. 1308. Surface transportation project delivery program.

Sec. 1309. Categorical exclusion for projects within the right-of-way.

Sec. 1310. Programmatic agreements and additional categorical exclusions.

Sec. 1311. Accelerated decisionmaking in environmental reviews.

Sec. 1312. Memoranda of agency agreements for early coordination.

Sec. 1313. Accelerated decisionmaking.

Sec. 1314. Environmental procedures initiative.

Sec. 1315. Alternative relocation payment demonstration program.

Sec. 1316. 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. Program efficiencies.

Sec. 1502. Project approval and oversight.

Sec. 1503. Standards.

Sec. 1504. Construction.

Sec. 1505. Maintenance.

Sec. 1506. Federal share payable.

Sec. 1507. Transferability of Federal-aid highway funds.

Sec. 1508. Special permits during periods of national emergency.

Sec. 1509. Electric vehicle charging stations.

Sec. 1510. HOV facilities.

Sec. 1511. Construction equipment and vehicles.

Sec. 1512. Use of debris from demolished bridges and overpasses.

Sec. 1513. Extension of public transit vehicle exemption from axle weight restrictions.

Sec. 1514. Uniform Relocation Assistance Act amendments.

Sec. 1515. Use of youth service and conservation corps.

Sec. 1516. Consolidation of programs; repeal of obsolete provisions.

Sec. 1517. Rescissions.

Sec. 1518. State autonomy for culvert pipe selection.

Sec. 1519. Effective and significant performance measures.

Sec. 1520. Requirements for eligible bridge projects.

Sec. 1521. Idle reduction technology.

Sec. 1522. Report on Highway Trust Fund expenditures.

Sec. 1523. Evacuation routes.

Sec. 1524. Defense access road program enhancements to address transportation infrastructure in the vicinity of military installations.

Sec. 1525. Express lanes demonstration program.

Sec. 1526. Treatment of historic signs.

Sec. 1527. Consolidation of grants.

Sec. 1528. Buy America provisions.

Sec. 1529. Exemptions from requirements for certain farm vehicles.

Sec. 1530. Appalachian development highway system.

Sec. 1531. Denali Commission.

Sec. 1532. Updated corrosion control and prevention report.

Sec. 1533. Harbor Maintenance trust fund.

Sec. 1534. Enrichment technology and intellectual property.

Sec. 1535. Sense of Senate concerning expenditious completion of environmental reviews, approvals, licensing, and permit requirements.

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. Effect.

Subtitle G—Land and water conservation fund

Sec. 1701. Land and water conservation fund.

Subtitle H—Offsets

Sec. 1801. Delay in application of worldwide interest.

TITLE II—America fast forward financing innovation

Sec. 2001. Short title.

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

Sec. 2003. State infrastructure banks.

TITLE III—Highway spending controls

Sec. 3001. Highway spending controls.

DIVISION B—Public transportation

Sec. 20001. Short title.

Sec. 20002. Repeals.

Sec. 20003. Policies, purposes, and goals.

Sec. 20004. Definitions.

Sec. 20005. Metropolitan transportation planning.

Sec. 20006. Statewide and nonmetropolitan transportation planning.

Sec. 20007. Public Transportation Emergency Relief Program.

Sec. 20008. Urbanized area formula grants.

Sec. 20009. Clean fuel grant program.

Sec. 20010. Fixed guideway capital investment grants.

Sec. 20011. Formula grants for the enhanced mobility of seniors and individuals with disabilities.

Sec. 20012. Formula grants for other than urbanized areas.

Sec. 20013. Research, development, demonstration, and deployment projects.

Sec. 20014. Technical assistance and standards development.

Sec. 20015. Bus testing facilities.

Sec. 20016. Public transportation workforce development and human resource programs.

Sec. 20017. General provisions.

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. Labor standards.

Sec. 20025. Administrative provisions.

Sec. 20026. National transit database.

Sec. 20027. Apportionment of appropriations for formula grants.

Sec. 20028. State of good repair grants.

Sec. 20029. Authorizations.

Sec. 20030. Apportionments based on growing States and high density States formula factors.

Sec. 20031. 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. Combined occupant protection grants.

Sec. 31106. State traffic safety information system improvements.

Sec. 31107. Impaired driving countermeasures.

Sec. 31108. Distracted driving grants.

Sec. 31109. High visibility enforcement program.

Sec. 31110. Motorcyclist safety.

Sec. 31111. Driver alcohol detection system for safety research.

Sec. 31112. State graduated driver licensing laws.

Sec. 31113. Agency accountability.

Sec. 31114. Emergency medical services.

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. Financial responsibility requirements for importers.

Sec. 31209. Conditions on importation of vehicles and equipment.

Sec. 31210. Port inspections; samples for examination or testing.

Subtitle C—Transparency and accountability

Sec. 31301. Improved National Highway Traffic Safety Administration vehicle safety database.

Sec. 31302. National Highway Traffic Safety Administration hotline for manufacturer, dealer, and mechanic personnel.

Sec. 31303. Consumer notice of software updates and other communications with dealers.

Sec. 31304. Public availability of early warning data.

Sec. 31305. Corporate responsibility for National Highway Traffic Safety Administration reports.

Sec. 31306. Passenger motor vehicle information program.

Sec. 31307. Promotion of vehicle defect reporting.

Sec. 31308. Whistleblower protections for motor vehicle manufacturers, part suppliers, and dealership employees.

Sec. 31309. Anti-revolving door.

Sec. 31310. Study of crash data collection.

Sec. 31311. Update means of providing notification; improving efficacy of recalls.

Sec. 31312. Expanding choices of remedy available to manufacturers of replacement equipment.

Sec. 31313. Recall obligations and bankruptcy of manufacturer.

Sec. 31314. Repeal of insurance reports and information provision.

Sec. 31315. 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. Vehicle stopping distance and brake override standard.

Sec. 31403. Pedal placement standard.

Sec. 31404. Electronic systems performance standard.

Sec. 31405. Pushbutton ignition systems standard.

Sec. 31406. Vehicle event data recorders.

Sec. 31407. Prohibition on electronic visual entertainment in driver’s view.

Sec. 31408. Commercial motor vehicle rollover prevention and crash mitigation.

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.

Sec. 32113. Federal successor standard.

Subtitle B—Commercial motor vehicle safety

Sec. 32201. Repeal of commercial jurisdiction exception for brokers of motor carriers of passengers.

Sec. 32202. Bus rentals and definition of employer.

Sec. 32203. Crashworthiness standards.

Sec. 32204. Canadian safety rating reciprocity.

Sec. 32205. State reporting of foreign commercial driver convictions.

Sec. 32206. Authority to disqualify foreign commercial drivers.

Sec. 32207. Revocation of foreign motor carrier operating authority for failure to pay civil penalties.

Sec. 32208. Rental truck accident study.

Subtitle C—Driver safety

Sec. 32301. Electronic on-board recording devices.

Sec. 32302. Safety fitness.

Sec. 32303. Driver medical qualifications.

Sec. 32304. Commercial driver's license notification system.

Sec. 32305. Commercial motor vehicle operator training.

Sec. 32306. Commercial driver's license program.

Sec. 32307. Commercial driver's license requirements.

Sec. 32308. Commercial motor vehicle driver information systems.

Sec. 32309. Disqualifications based on non-commercial motor vehicle operations.

Sec. 32310. Federal driver disqualifications.

Sec. 32311. Employer responsibilities.

Sec. 32312. Improving and expediting safety assessments in the commercial driver's license application process for members and former members of the Armed Forces.

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.

Sec. 32403. Drug and alcohol violation sanctions.

Sec. 32404. Authorization of appropriations.

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. Minimum prohibition on operation for unfit carriers.

Sec. 32505. Minimum out of service penalties.

Sec. 32506. Impoundment and immobilization of commercial motor vehicles for imminent hazard.

Sec. 32507. Increased penalties for evasion of regulations.

Sec. 32508. Failure to pay civil penalty as a disqualifying offense.

Sec. 32509. Violations relating to commercial motor vehicle safety regulation and operators.

Sec. 32510. Emergency disqualification for imminent hazard.

Sec. 32511. Intrastate operations of interstate motor carriers.

Sec. 32512. Enforcement of safety laws and regulations.

Sec. 32513. Disclosure to State and local law enforcement agencies.

Sec. 32514. Grade crossing safety regulations.

Subtitle F—Compliance, safety, accountability

Sec. 32601. Compliance, safety, accountability.

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

Sec. 32603. Commercial motor vehicle defined.

Sec. 32604. Driver safety fitness ratings.

Sec. 32605. Uniform electronic clearance for commercial motor vehicle inspections.

Sec. 32606. Authorization of appropriations.

Sec. 32607. High risk carrier reviews.

Sec. 32608. Data and technology grants.

Sec. 32609. Driver safety grants.

Sec. 32610. 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. Standards for improved fire safety.

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

Sec. 32706. Motorcoach registration.

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. Report on driver's license requirements for 9- to 15-passenger vans.

Sec. 32710. Event data recorders.

Sec. 32711. Safety inspection program for commercial motor vehicles of passengers.

Sec. 32712. Distracted driving.

Sec. 32713. 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. Detention time study.

Sec. 32912. Prohibition of coercion.

Sec. 32913. Motor carrier safety advisory committee.

Sec. 32914. Waivers, exemptions, and pilot programs.

Sec. 32915. Registration requirements.

Sec. 32916. Additional motor carrier registration requirements.

Sec. 32917. Registration of freight forwarders and brokers.

Sec. 32918. Effective periods of registration.

Sec. 32919. Financial security of brokers and freight forwarders.

Sec. 32920. 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.

Sec. 32924. Household goods transportation assistance program.

Sec. 32925. Household goods consumer education program.

PART III—Technical Amendments

Sec. 32931. Update of obsolete text.

Sec. 32932. Correction of interstate commerce commission references.

Sec. 32933. Technical and conforming amendments.

TITLE III—Surface Transportation and Freight Policy Act of 2012

Sec. 33001. Short title.

Sec. 33002. Establishment of a national surface transportation and freight policy.

Sec. 33003. Surface transportation and freight strategic plan.

Sec. 33004. Transportation investment data and planning tools.

Sec. 33005. Port infrastructure development initiative.

Sec. 33006. Safety for motorized and nonmotorized users.

Sec. 33007. Buy America waiver requirements.

Sec. 33008. Make it in America Initiative.

Sec. 33009. Capacity-building for natural disasters and extreme weather.

Sec. 33010. Toll fairness study.

TITLE IV—Hazardous Materials Transportation Safety Improvement Act of 2012

Sec. 34001. Short title.

Sec. 34002. Definition.

Sec. 34003. References to title 49, United States Code.

Sec. 34004. Training for emergency responders.

Sec. 34005. Paperless Hazard Communications Pilot Program.

Sec. 34006. Improving data collection, analysis, and reporting.

Sec. 34007. Loading and unloading of hazardous materials.

Sec. 34008. Hazardous material technical assessment, research and development, and analysis program.

Sec. 34009. Hazardous Material Enforcement Training Program.

Sec. 34010. Inspections.

Sec. 34011. Civil penalties.

Sec. 34012. Reporting of fees.

Sec. 34013. Special permits, approvals, and exclusions.

Sec. 34014. Highway routing disclosures.

Sec. 34015. Authorization of appropriations.

TITLE V—National Rail System Preservation, Expansion, and Development Act of 2012

Sec. 35001. Short title.

Sec. 35002. References to title 49, United States Code.

Subtitle A—Federal and State roles in rail planning and development tools

Sec. 35101. Rail plans.

Sec. 35102. Improved data on delay.

Sec. 35103. Data and modeling.

Sec. 35104. Shared-use corridor study.

Sec. 35105. Cooperative equipment pool.

Sec. 35106. Project management oversight and planning.

Sec. 35107. Improvements to the Capital Assistance Programs.

Sec. 35108. Liability.

Sec. 35109. Disadvantaged business enterprises.

Sec. 35110. Workforce development.

Sec. 35111. Veterans employment.

Subtitle B—Amtrak

Sec. 35201. State-supported routes.

Sec. 35202. Northeast corridor infrastructure and operations advisory commission.

Sec. 35203. Northeast corridor high-speed rail improvement plan.

Sec. 35204. Northeast corridor environmental review process.

Sec. 35205. Delegation authority.

Sec. 35206. Amtrak inspector general.

Sec. 35207. Compensation for private-sector use of Federally-funded assets.

Sec. 35208. On-time performance.

Sec. 35209. Board of directors.

Sec. 35210. Amtrak.

Subtitle C—Rail safety improvements

Sec. 35301. Positive train control.

Sec. 35302. Additional eligibility for railroad rehabilitation and improvement financing.

Sec. 35303. FCC study of spectrum availability.

Subtitle D—Freight rail

Sec. 35401. Rail line relocation.

Sec. 35402. Compilation of complaints.

Sec. 35403. Maximum relief in certain rate cases.

Sec. 35404. Rate review timelines.

Sec. 35405. Revenue adequacy study.

Sec. 35406. Quarterly reports.

Sec. 35407. Workforce review.

Sec. 35408. Railroad rehabilitation and improvement financing.

Subtitle E—Technical corrections

Sec. 35501. Technical corrections.

Sec. 35502. Condemnation authority.

Subtitle F—Licensing and insurance requirements for passenger rail carriers

Sec. 35601. Certification of passenger rail carriers.

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

Sec. 36001. Short title.

Sec. 36002. Amendment of Federal Aid in Sport Fish Restoration Act.

TITLE VII—Miscellaneous

Sec. 37001. Aircraft noise abatement.

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—Other provisions

Sec. 40201. Temporary increase in small issuer exception to tax-exempt interest expense allocation rules for financial institutions.

Sec. 40202. Temporary modification of alternative minimum tax limitations on tax-exempt bonds.

Sec. 40203. Issuance of TRIP bonds by State infrastructure banks.

Sec. 40204. Extension of parity for exclusion from income for employer-provided mass transit and parking benefits.

Sec. 40205. Exempt-facility bonds for sewage and water supply facilities.

TITLE III—Revenue provisions

Sec. 40301. Transfer from Leaking Underground Storage Tank Trust Fund to Highway Trust Fund.

Sec. 40302. Portion of Leaking Underground Storage Tank Trust Fund financing rate transferred to Highway Trust Fund.

Sec. 40303. Transfer of gas guzzler taxes to Highway Trust Fund.

Sec. 40304. Revocation or denial of passport in case of certain unpaid taxes.

Sec. 40305. 100 percent continuous levy on payments to Medicare providers and suppliers.

Sec. 40306. Transfer of amounts attributable to certain duties on imported vehicles into the Highway Trust Fund.

Sec. 40307. Treatment of securities of a controlled corporation exchanged for assets in certain reorganizations.

Sec. 40308. Internal Revenue Service levies and Thrift Savings Plan Accounts.

Sec. 40309. Depreciation and amortization rules for highway and related property subject to long-term leases.

Sec. 40310. Extension for transfers of excess pension assets to retiree health accounts.

Sec. 40311. Transfer of excess pension assets to retiree group term life insurance accounts.

Sec. 40312. Pension funding stabilization.

Sec. 40313. Additional transfers to Highway Trust Fund.

Sec. 40314. Transfers to Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance 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. Prize authority.

Sec. 52010. University transportation centers program.

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. 100112. Tax reporting for life settlement transactions.

Sec. 100113. Clarification of tax basis of life insurance contracts.

Sec. 100114. Exception to transfer for valuable consideration rules.

Sec. 100115. Phased retirement authority.

Sec. 100116. Roll-your-own cigarette machines.

TITLE II—Stop tax haven abuse

Sec. 100201. Authorizing special measures against foreign jurisdictions, financial institutions, and others that significantly impede United States tax enforcement.

DIVISION G—Air transportation

Sec. 100301. Technical corrections relating to overflights of National Parks.

DIVISION H—Budgetary effects

Sec. 100401. 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.

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 transportation mobility 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, the national freight program under section 167 of that title, and to carry out section 134 of that title—

(A)

$39,143,000,000 for fiscal year 2012; and

(B)

$39,806,000,000 for fiscal year 2013.

(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, $1,000,000,000 for each of fiscal years 2012 and 2013.

(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 2012 and 2013.

(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 2012 and 2013, of which $260,000,000 of the amount made available for each fiscal year shall be the amount for the National Park Service and 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 2012 and 2013.

(4)

Territorial and Puerto Rico highway program

For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code, $180,000,000 for each of fiscal years 2012 and 2013.

(b)

Disadvantaged business enterprises

(1)

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 means—

(i)

women; and

(ii)

any other socially and economically disadvantaged individuals (as the term is used in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations promulgated pursuant to that Act).

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

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)

$41,564,000,000 for fiscal year 2012; and

(2)

$42,227,000,000 for fiscal year 2013.

(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 the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (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 2012 through 2013, 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 2012 through 2013, 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 2012 through 2013—

(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 2012 through 2013, 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 enhancement activity

The term transportation enhancement activity 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)

Provision of facilities for pedestrians and bicycles.

(B)

Provision of safety and educational activities for pedestrians and bicyclists.

(C)

Acquisition of scenic easements and scenic or historic sites.

(D)

Scenic or historic highways and bridges.

(E)

Vegetation management practices in transportation rights-of-way and other activities eligible under section 319.

(F)

Historic preservation, rehabilitation, and operation of historic transportation buildings, structures, or facilities.

(G)

Preservation of abandoned railway corridors, including the conversion and use of the corridors for pedestrian or bicycle trails.

(H)

Inventory, control, and removal of outdoor advertising.

(I)

Archaeological planning and research.

(J)

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 $480,000,000 for each of fiscal years 2012 and 2013.

(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 transportation mobility program, the highway safety improvement program, the congestion mitigation and air quality improvement program, and the national freight program, and to carry out section 134 as follows:

(1)

National highway performance program

For the national highway performance program, 58 percent of the amount remaining after distributing amounts under paragraphs (4) and (6).

(2)

Transportation mobility program

For the transportation mobility program, 29.3 percent of the amount remaining after distributing amounts under paragraphs (4) and (6).

(3)

Highway safety improvement program

For the highway safety improvement program, 7 percent of the amount remaining after distributing amounts under paragraphs (4) and (6).

(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, plus 10 percent of the amount apportioned to the State for the surface transportation program for that fiscal year; 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)

National freight program

For the national freight program, 5.7 percent of the amount remaining after distributing amounts under paragraphs (4) and (6).

(6)

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)

State share

The amount for each State of combined apportionments for the national highway performance program under section 119, the transportation mobility program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national freight program under section 167, and to carry out section 134 shall be determined as follows:

(A)

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 and allocations that the State received for fiscal years 2005 through 2009; bears to

(ii)

the amount of those apportionments and allocations received by all States for those fiscal years.

(B)

Adjustments to amounts

The initial amounts resulting from the calculation under subparagraph (A) 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.

(C)

Further adjustment for privatized highways

(i)

Definition of privatized highway

In this subparagraph:

(I)

In general

The term privatized highway means a highway that was formerly a publically operated toll road that is subject to an agreement giving a private entity—

(aa)

control over the operation of the highway; and

(bb)

ownership over the toll revenues collected from the operation of the highway.

(II)

Exclusion

The term privatized highway does not include any highway or toll road that was originally—

(aa)

financed and constructed using private funds; and

(bb)

operated by a private entity.

(ii)

Adjustment

After making the adjustments to the apportionment of a State under subparagraphs (A) and (B), the Secretary shall further adjust the amount to be apportioned to the State by reducing the apportionment by an amount equal to the product obtained by multiplying—

(I)

the amount to be apportioned to the State, as so adjusted under those subparagraphs; and

(II)

the percentage described in clause (iii).

(iii)

Percentage

The percentage referred to in clause (ii) is the percentage equal to the sum obtained by adding—

(I)

the product obtained by multiplying—

(aa)

1/2; and

(bb)

the proportion that—

(AA)

the total number of lane miles on privatized highway lanes on National Highway System routes in a State; bears to

(BB)

the total number of all lane miles on National Highway System routes in the State; and

(II)

the product obtained by multiplying—

(aa)

1/2; and

(bb)

the proportion that—

(AA)

the total number of vehicle miles traveled on privatized highway lanes on National Highway System routes in the State; bears to

(BB)

the total number of vehicle miles traveled on all lanes on National Highway System routes in the State.

(iv)

Reapportionment

An amount withheld from apportionment to a State under clause (ii) shall be reapportioned among all other States based on the proportions calculated under subparagraph (A).

(2)

State apportionment

On October 1 of each fiscal year, the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national highway performance program under section 119, the transportation mobility program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national freight program under section 167, and to carry out section 134 in accordance with paragraph (1).

(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)(6) 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)(6) 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; and

(2)

to ensure that investments of Federal-aid funds in highway construction are directed to support progress toward the achievement of performance targets for infrastructure condition and performance.

(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 project, or is 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

(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)

In accordance with all applicable Federal law (including regulations), participation in natural habitat and wetlands mitigation efforts relating to projects funded under this title, which may include participation in natural habitat and wetlands mitigation banks, contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands, and development of statewide and regional natural habitat and wetlands conservation and mitigation plans, including any such banks, efforts, and plans developed in accordance with applicable Federal law (including regulations), on the conditions that—

(i)

contributions to those mitigation efforts may—

(I)

take place concurrent with or in advance of project construction; 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; and

(ii)

with respect to participation in a natural habitat or wetland mitigation effort relating to a project funded under this title that has an impact that occurs within the service area of a mitigation bank, preference is given, to the maximum extent practicable, to the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with applicable Federal law (including regulations).

(P)

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 Federal-aid highways (other than on the National Highway System).

(e)

Limitation on new capacity

(1)

In general

Except as provided in paragraph (2), the maximum amount that a State may obligate under this section for projects under subparagraphs (G) and (P) of subsection (d)(2) and that is attributable to the portion of the cost of any project undertaken to expand the capacity of eligible facilities on the National Highway System, in a case in which the new capacity consists of 1 or more new travel lanes that are not high-occupancy vehicle lanes, shall not, in total, exceed 40 percent of the combined apportionments of a State under section 104(b)(1) for the most recent 3 consecutive years.

(2)

Exception

Paragraph (1) shall not apply to a project for the construction of auxiliary lanes and turning lanes or widening of a bridge during rehabilitation or replacement to meet current geometric, construction, and structural standards for the types and volumes of projected traffic over the design life of the project.

(f)

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 asset condition and system performance.

(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 paragraph (5) and supporting the progress toward the achievement of the national goals identified in section 150.

(3)

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.

(4)

Standards and measures

(A)

In general

Subject to subparagraph (B), not later than 18 months after the date of enactment of the MAP–21, the Secretary shall, in consultation with State departments of transportation and other stakeholders, establish—

(i)

minimum standards for States to use in developing and operating pavement management systems and bridge 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)

the data elements that are necessary to collect and maintain data, and a standardized process for collection and sharing of data with appropriate governmental entities at the Federal, State, and local levels (including metropolitan planning organizations), to carry out paragraph (5); and

(iv)

minimum levels for—

(I)

the condition of pavement on the Interstate System; and

(II)

the condition of bridges on the National Highway System.

(B)

State participation

In carrying out subparagraph (A), the Secretary shall—

(i)

provide States not less than 90 days to comment on any regulation proposed by the Secretary under that subparagraph; and

(ii)

take into consideration any comments of the States relating to a proposed regulation received during that comment period.

(5)

State performance targets

(A)

Establishment of targets

Not later than 1 year after the date on which the Secretary promulgates final regulations under paragraph (4), each State, in consultation with metropolitan planning organizations, shall establish targets that address each of the performance measures identified in paragraph (4)(A)(ii).

(B)

Periodic updates

Each State shall periodically update the targets established under subparagraph (A).

(6)

Requirement for plan

To obligate funding apportioned under section 104(b)(1), each State shall have in effect—

(A)

a risk-based asset management plan for the National Highway System in accordance with this section, developed through a process defined and approved by the Secretary; and

(B)

State targets that address the performance measures identified in paragraph (4)(B).

(7)

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 often than 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.

(8)

Performance reports

(A)

In general

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—

(i)

the condition and performance of the National Highway System in the State;

(ii)

progress in achieving State targets for each of the performance measures for the National Highway System; and

(iii)

the effectiveness of the investment strategy documented in the State asset management plan for the National Highway System.

(B)

Failure to achieve targets

A State that does not achieve or make significant progress toward achieving the targets of the State for performance measures described in subparagraph (A)(ii) 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.

(9)

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) and establish the standards and measures described in paragraph (4).

(g)

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 subsection (f)(4)(A)(iv), 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 under subsection (f)(4)(A)(iv).

(2)

Condition of NHS bridges

(A)

Penalty

If, during 2 consecutive reporting periods, the condition of bridges on the National Highway System in a State falls below the minimum condition level established by the Secretary under subsection (f)(4)(A)(iv), 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 for bridges on the National Highway System that is not less than 50 percent of the amount of funds apportioned to the State for fiscal year 2009 under the highway bridge program for the purposes described in section 144 (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 highway bridge program for the purposes described in section 144 (as in effect on the day before the date of enactment of the MAP–21).

(B)

Restoration

The obligation requirement for bridges on the National Highway 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 bridges on the National Highway System in the State exceeds the minimum condition level established by the Secretary under subsection (f)(4)(A)(iv).

.

(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 section 119 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 final regulations required under section 119(f)(4) 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 a facility of comparable capacity and character to the destroyed facility, except a bridge facility which may be constructed for the type and volume of traffic that the bridge 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)

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.

(4)

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 amounts from the emergency fund authorized by this section to carry out projects that the Secretary determines are necessary to protect public safety or to maintain or protect roadways that have been included within the scope of a prior emergency declaration in order to maintain the continuation of roadway services on roads that are threatened by continuous or frequent flooding.

.

1108.

Transportation mobility program

(a)

In general

Section 133 of title 23, United States Code, is amended to read as follows:

133.

Transportation mobility program

(a)

Establishment

The Secretary shall establish and implement a transportation mobility program under this section.

(b)

Purpose

The purpose of the transportation mobility program shall be to assist States and localities in improving the conditions and performance on Federal-aid highways and on bridges on any public road.

(c)

Eligible projects

Funds apportioned under section 104(b)(2) to carry out the transportation mobility program may be obligated for any of following purposes:

(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, United States Code.

(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 on a new location on a highway, including any such construction necessary to accommodate other transportation modes.

(4)

Inspection and evaluation (within the meaning of section 144) of bridges and tunnels on public roads of all functional classifications and inspection and evaluation of other highway infrastructure assets, including signs and sign structures, retaining walls, and drainage structures.

(5)

Training of bridge and tunnel inspectors (within the meaning of section 144).

(6)

Capital costs for transit projects eligible for assistance under chapter 53 of title 49, including vehicles and facilities, whether publicly or privately owned, that are used to provide intercity passenger service by bus.

(7)

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

(8)

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.

(9)

Highway and transit research and development and technology transfer programs.

(10)

Capital and operating costs for traffic and traveler information monitoring, management, and control facilities and programs, including truck stop electrification systems.

(11)

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

(12)

Surface transportation planning.

(13)

Transportation enhancement activities.

(14)

Recreational trails projects eligible for funding under section 206.

(15)

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

(16)

Border infrastructure projects eligible for funding under section 1303 of the SAFETEA–LU (Public Law 109–59).

(17)

Projects, programs, and technical assistance associated with National Scenic Byways, All-American Roads, and America’s Byways eligible for funding under section 162.

(18)

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

(19)

Safe routes to school projects eligible for funding under section 1404 of the SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–59).

(20)

Transportation control measures described in section 108(f)(1)(A) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)), other than section 108(f)(1)(A)(xvi) of that Act.

(21)

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 relating to the development and implementation of a performance-based management program for other public roads.

(22)

In accordance with all applicable Federal law (including regulations), participation in natural habitat and wetlands mitigation efforts relating to projects funded under this title, which may include participation in natural habitat and wetlands mitigation banks, contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands, and development of statewide and regional natural habitat and wetlands conservation and mitigation plans, including any such banks, efforts, and plans developed in accordance with applicable Federal law (including regulations), on the conditions that—

(A)

contributions to those mitigation efforts may—

(i)

take place concurrent with or in advance of project construction; 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; and

(B)

with respect to participation in a natural habitat or wetland mitigation effort relating to a project funded under this title that has an impact that occurs within the service area of a mitigation bank, preference is given, to the maximum extent practicable, to the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with applicable Federal law (including regulations).

(23)

Infrastructure-based intelligent transportation systems capital improvements.

(24)

Environmental restoration and pollution abatement in accordance with section 328.

(25)

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

(26)

Improvements to a freight railroad, marine highway, or intermodal facility, but only to the extent that the Secretary concurs with the State that—

(A)

the project will make significant improvement to freight movements on the national freight network;

(B)

the public benefit of the project exceeds the Federal investment; and

(C)

the project provides a better return than a highway project on a segment of the primary freight network, except that a State may not obligate in excess of 5 percent of funds apportioned to the State under section 104(b)(2) to carry out this section for that purpose.

(27)

Maintenance of and improvements to all public roads, including non-State-owned public roads and roads on tribal land—

(A)

that are located within 10 miles of the international border between the United States and Canada or Mexico; and

(B)

on which federally owned vehicles comprise more than 50 percent of the traffic.

(28)

Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational improvements for, any public road if—

(A)

the public road, and the highway project to be carried out with respect to the public road, are in the same corridor as, and in proximity to—

(i)

a fully access-controlled highway designated as a part of the National Highway System; or

(ii)

in areas with a population of less than 200,000, 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 highway described in subparagraph (A) and improve regional traffic flow; and

(C)

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

(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 subparagraph (A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area.

(3)

Distribution among urbanized areas of over 200,000 population

(A)

In general

Except as provided in subparagraph (B), the amount 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.

(e)

Location of projects

Except as provided in subsection (g) and for projects described in paragraphs (2), (4), (7), (8), (13), (14), and (19) of subsection (c), for local access roads under section 14501 of title 40, United States Code, transportation mobility program projects may not be undertaken on roads functionally classified as local or rural minor collectors.

(f)

Applicability of planning requirements

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

(g)

Bridges not on Federal-aid highways

(1)

Definition of off-system bridge

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 2012 and each fiscal year thereafter under this section, the State shall obligate for activities described in subsection (c)(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.

(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)

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 transportation mobility program funds made available under this title.

(i)

Obligation authority

(1)

In general

A State that is required to obligate, in an urbanized area with an urbanized area population of over 200,000 individuals under subsection (d), funds apportioned to the State under section 104(b)(2) shall make available during the fiscal year an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the product obtained by multiplying—

(A)

the aggregate amount of funds that the State is required to obligate in the area under subsection (d) during the period; and

(B)

the ratio that—

(i)

the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to

(ii)

the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period.

(2)

Joint responsibility

Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with paragraph (1).

.

(b)

Conforming amendment

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 133 and inserting the following:

133. Transportation mobility program.

.

1109.

Workforce development

(a)

On-the-job training

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

(1)

by striking Whenever apportionments are made under section 104(b)(3), and inserting From administrative funds made available under section 104(a),; and

(2)

by striking the surface transportation program under section 104(b) and the bridge program under section 144 and inserting the transportation mobility program under section 104(b).

(b)

Disadvantaged business enterprise

Section 140(c) of title 23, United States Code, is amended 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 2012 and 2013, 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)—

(i)

in the paragraph heading by striking surface transportation program and inserting transportation mobility program; and

(ii)

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

(1)

In general

The Secretary, in consultation with the States, shall—

(A)

inventory all highway bridges on public roads that are bridges over waterways, other topographical barriers, other highways, and railroads;

(B)

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; and

(C)

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

(2)

Tribally owned and federally owned bridges

As part of the activities carried out under paragraph (1), the Secretary, in consultation with the Secretaries of appropriate Federal agencies, shall—

(A)

inventory all tribally owned and Federally owned highway bridges that are open to the public, over waterways, other topographical barriers, other highways, and railroads;

(B)

classify the bridges according to serviceability, safety, and essentiality for public use; and

(C)

based on the classification, assign each a risk-based priority for systematic preventative maintenance, replacement, or rehabilitation.

(3)

Tunnels

The Secretary shall establish a national inventory of highway tunnels reflecting the findings of the most recent highway tunnel inspections conducted by States under this section.

(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 1 year 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, 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, 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

(ii)

monitoring activities and corrective actions taken in response to a critical finding.

(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

To carry out this section, the Secretary may use funds made available under sections 104(a), 119, 133, and 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

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)—

(A)

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; and

(B)

the Secretary shall, on October 1 of each fiscal year thereafter, transfer from funds 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)) an amount equal to 10 percent of the funds so apportioned for the fiscal year for use under the highway safety improvement program under this section to the apportionment of the State under section 104(b)(3) until the fiscal year in 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; or

(B)

as provided in subsection (f), other safety projects.

(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)

Flexible funding for States with a strategic highway safety plan

(1)

In general

To further the implementation of a State strategic highway safety plan, a State may use up to 10 percent of the amount of funds apportioned to the State under section 104(b)(3) for a fiscal year to carry out safety projects under any other section as provided in the State strategic highway safety plan if the State certifies that—

(A)

the State has met needs in the State relating to railway-highway crossings for the preceding fiscal year; and

(B)

the funds are being used for the most effective projects to make progress toward achieving the safety performance targets of the State.

(2)

Other transportation and highway safety plans

Nothing in this subsection requires a State to revise any State process, plan, or program in effect on the date of enactment of the MAP–21.

(g)

Data improvement

(1)

Definition of data improvement activities

In this subsection:

(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 of 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)

Apportionment

Of the funds apportioned to a State under section 104(b)(3) for a fiscal year—

(A)

not less than 8 percent of the funds apportioned for each of fiscal years 2012 through 2013 shall be available only for data improvement activities under this subsection; and

(B)

not less than 4 percent of the funds apportioned for fiscal year 2014 and each fiscal year thereafter shall be available only for data improvement activities under this subsection.

(3)

Special rule

A State may use funds apportioned to the State pursuant to this subsection for any project eligible under this section if the State demonstrates to the satisfaction of the Secretary that the State has met all of the State needs for data collection to support the State strategic highway safety plan and sufficiently addressed the data improvement activities described in paragraph (1).

(4)

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.

(h)

Performance measures and targets for State highway safety improvement programs

(1)

Establishment of performance measures

Not later than 1 year after the date of enactment of the MAP–21, the Secretary shall issue guidance to States on the establishment, collection, and reporting of performance measures that reflect—

(A)

serious injuries and fatalities per vehicle mile traveled;

(B)

serious injuries and fatalities per capita; and

(C)

the number of serious injuries and fatalities

(2)

Establishment of State performance targets

Not later than 1 year after the Secretary has issued guidance to States on the establishment, collection, and reporting of performance measures, each State shall set performance targets that reflect—

(A)

serious injuries and fatalities per vehicle mile traveled;

(B)

serious injuries and fatalities per capita; and

(C)

the number of serious injuries and fatalities.

(i)

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)

Rail-highway grade crossings

If the average number of fatalities at rail-highway grade crossings in a State over the most recent 2-year period for which data are available increases over the average number of fatalities during the preceding 2-year period, that State shall be required to obligate in the next fiscal year for projects on rail-highway grade crossings an amount equal to 120 percent of the amount of funds the State received for fiscal year 2009 for rail-highway grade crossings under section 130(f) (as in effect on the day before the date of enactment of the MAP–21).

(3)

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.

(j)

Reports

(1)

In general

A State shall submit to the Secretary a report that—

(A)

describes the progress being made to achieve the performance targets established under subsection (h);

(B)

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

(C)

assesses the effectiveness of those improvements; and

(D)

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.

(k)

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 subsection (h) 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.

(l)

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.

.

1113.

Congestion mitigation and air quality improvement program

Section 149 of title 23, United States Code, is amended to read as follows:

149.

Congestion mitigation and air quality improvement program

(a)

Establishment

The Secretary shall establish and implement a congestion mitigation and air quality improvement program in accordance with this section.

(b)

Eligible projects

(1)

In general

Except as provided in subsection (c), a State may obligate funds apportioned to the State for the congestion mitigation and air quality improvement program under section 104(b)(4) that are not reserved under subsection (l) only for a transportation project or program if the project or program is for an area in the State that is or was designated as a nonattainment area for ozone, carbon monoxide, or particulate matter under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or was designated as a nonattainment area under section 107(d) of that Act after December 31, 1997, or is required to prepare, and file with the Administrator of the Environmental Protection Agency, maintenance plans under the Clean Air Act (42 U.S.C. 7401 et seq.); and

(A)
(i)
(I)

if the Secretary, after consultation with the Administrator determines, on the basis of information published by the Environmental Protection Agency pursuant to subparagraph (A) of section 108(f)(1) of the Clean Air Act (other than clause (xvi) of that subparagraph) (42 U.S.C. 7408(f)(1)) that the project or program is likely to contribute to—

(aa)

the attainment of a national ambient air quality standard; or

(bb)

the maintenance of a national ambient air quality standard in a maintenance area; and

(II)

there exists a high level of effectiveness in reducing air pollution, in cases of projects or programs where sufficient information is available in the database established pursuant to subsection (h) to determine the relative effectiveness of such projects or programs; or

(ii)

in any case in which such information is not available, if the Secretary, after such consultation, determines that the project or program is part of a program, method, or strategy described in such section 108(f)(1)(A);

(B)

if the project or program is included in a State implementation plan that has been approved pursuant to the Clean Air Act and the project will have air quality benefits;

(C)

to establish or operate a traffic monitoring, management, and control facility or program, including truck stop electrification systems, if the Secretary, after consultation with the Administrator, determines that the facility or program is likely to contribute to the attainment of a national ambient air quality standard;

(D)

if the program or project improves traffic flow, including projects to improve signalization, construct high-occupancy vehicle lanes, improve intersections, add turning lanes, improve transportation systems management and operations that mitigate congestion and improve air quality, and implement intelligent transportation system strategies and such other projects that are eligible for assistance under this section on the day before the date of enactment of the MAP–21, including programs or projects to improve incident and emergency response or improve mobility, such as through real-time traffic, transit, and multimodal traveler information;

(E)

if the project or program involves the purchase of integrated, interoperable emergency communications equipment;

(F)

if the project or program is for—

(i)

the purchase of diesel retrofits that are—

(I)

for motor vehicles (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)); or

(II)

verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for nonroad vehicles and nonroad engines (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) that are used in construction projects that are—

(aa)

located in nonattainment or maintenance areas for ozone, PM10, or PM2.5 (as defined under the Clean Air Act (42 U.S.C. 7401 et seq.)); and

(bb)

funded, in whole or in part, under this title; or

(ii)

the conduct of outreach activities that are designed to provide information and technical assistance to the owners and operators of diesel equipment and vehicles regarding the purchase and installation of diesel retrofits;

(G)

if the project involves the installation of battery charging or replacement facilities for electric-drive vehicles, or refueling facilities for alternative-fuel vehicles;

(H)

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

(I)

if the Secretary, after consultation with the Administrator, determines that the project or program is likely to contribute to the attainment of a national ambient air quality standard, whether through reductions in vehicle miles traveled, fuel consumption, or through other factors.

(2)

Limitations

Funds apportioned to a State under section 104(b)(4) and not reserved under subsection (l) may not be obligated for a project that 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 or such use by single-occupant vehicles at peak travel times is subject to a toll.

(3)

Use of funds for other activities

Notwithstanding paragraph (1) and subsection (c), the Secretary may permit a State to use amounts apportioned to the State for each of fiscal years 2012 and 2013 for the congestion mitigation and air quality improvement program under section 104(b)(4) to carry out any activity on a system that was eligible for funding under that program as in effect on December 31, 2010.

(c)

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.) for ozone, carbon monoxide, or PM2.5, the State may use funds apportioned to the State under section 104(b)(4) (excluding the amount of funds reserved under subsection (l)) 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 transportation mobility 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 transportation mobility program under section 133 an amount of funds apportioned to such State under section 104(b)(4) (excluding the amount of funds reserved under subsection (l)) 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 subsection (l)); by

(ii)

the ratio calculated under paragraph (B).

(B)

Ratio

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

(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–21; 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.

(d)

Applicability of planning requirements

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

(e)

Partnerships with nongovernmental entities

(1)

In general

Notwithstanding any other provision of this title and in accordance with this subsection, a metropolitan planning organization, State transportation department, or other project sponsor may enter into an agreement with any public, private, or nonprofit entity to cooperatively implement any project carried out with funds apportioned under section 104(b)(4).

(2)

Forms of participation by entities

Participation by an entity under paragraph (1) may consist of—

(A)

ownership or operation of any land, facility, vehicle, or other physical asset associated with the project;

(B)

cost sharing of any project expense;

(C)

carrying out of administration, construction management, project management, project operation, or any other management or operational duty associated with the project; and

(D)

any other form of participation approved by the Secretary.

(3)

Allocation to entities

A State may allocate funds apportioned under section 104(b)(4) to an entity described in paragraph (1).

(4)

Alternative fuel projects

In the case of a project that will provide for the use of alternative fuels by privately owned vehicles or vehicle fleets, activities eligible for funding under this subsection—

(A)

may include the costs of vehicle refueling infrastructure, including infrastructure that would support the development, production, and use of emerging technologies that reduce emissions of air pollutants from motor vehicles, and other capital investments associated with the project;

(B)

shall include only the incremental cost of an alternative fueled vehicle, as compared to a conventionally fueled vehicle, that would otherwise be borne by a private party; and

(C)

shall apply other governmental financial purchase contributions in the calculation of net incremental cost.

(5)

Prohibition on Federal participation with respect to required activities

A Federal participation payment under this subsection may not be made to an entity to fund an obligation imposed under the Clean Air Act (42 U.S.C. 7401 et seq.) or any other Federal law.

(f)

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) not required to be reserved under subsection (l) to projects that are proven to reduce PM2.5, including diesel retrofits.

(g)

Interagency consultation

The Secretary shall encourage States and metropolitan planning organizations to consult with State and local air quality agencies in nonattainment and maintenance areas on the estimated emission reductions from proposed congestion mitigation and air quality improvement programs and projects.

(h)

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 (k).

(i)

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.

(j)

Suballocation to nonattainment and maintenance areas

(1)

In general

An amount equal to 50 percent of the amount of funds apportioned to each State under section 104(b)(4) (excluding the amount of funds reserved under subsection (l)) shall be suballocated for projects within each area designated as nonattainment or maintenance for the pollutants described in subsection (b).

(2)

Distribution of funds

The distribution within any State of funds required to be suballocated under paragraph (1) to each nonattainment or maintenance area shall be in accordance with a formula developed by each State and approved by the Secretary, which shall consider the population of each such nonattainment or maintenance area and shall be weighted by the severity of pollution in the manner described in paragraph (6).

(3)

Project selection

Projects under this subsection shall be selected by a State and shall be consistent with the requirements of sections 134 and 135.

(4)

Priority for use of suballocated funds in PM2.5 areas

(A)

In general

An amount equal to 50 percent of the funds suballocated under paragraph (1) 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.

(B)

Construction equipment

An amount equal to 30 percent of the funds required to be set aside under subparagraph (A) shall be obligated to carry out the objectives of section 330.

(C)

Obligation process

(i)

In general

Each State or metropolitan planning organization required to obligate funds in accordance with this paragraph shall develop a process to provide funding directly to eligible entities (as defined under section 330) in order to achieve the objectives of such section and ensure that the bid proceeding and award of the contract for any covered highway construction project carried out under that section will be—

(I)

made without regard to the particulate matter emission levels of the fleet of the eligible entity; and

(II)

consistent with existing requirements for full and open competition under section 112.

(ii)

Obligation

A State may obligate suballocated funds designated under this paragraph without regard to any process or other requirement established under this section.

(5)

Funds not suballocated

Except as provided in subsection (c), funds apportioned to a State under section 104(b)(4) (excluding the amount of funds reserved under subsection (l)) and not suballocated under paragraph (1) shall be made available to such State for programming in any nonattainment or maintenance area in the State.

(6)

Factors for calculation of suballocation

(A)

In general

For the purposes of paragraph (2), each State shall weight the population of each such nonattainment or maintenance area by a factor of—

(i)

1.0 if, at the time of the apportionment, the area is a maintenance area for ozone or carbon monoxide;

(ii)

1.0 if, at the time of the apportionment, the area is classified as a marginal ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act (42 U.S.C. 7511 et seq.);

(iii)

1.1 if, at the time of the apportionment, the area is classified as a moderate ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act (42 U.S.C. 7511 et seq.);

(iv)

1.2 if, at the time of the apportionment, the area is classified as a serious ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act (42 U.S.C. 7511 et seq.);

(v)

1.3 if, at the time of the apportionment, the area is classified as a severe ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act (42 U.S.C. 7511 et seq.);

(vi)

1.5 if, at the time of the apportionment, the area is classified as an extreme ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act (42 U.S.C. 7511 et seq.);

(vii)

1.0 if, at the time of the apportionment, the area is not a nonattainment or maintenance area for ozone as described in section 149(b), but is designated under section 107 of the Clean Air Act (42 U.S.C. 7407) as a nonattainment area for carbon monoxide;

(viii)

1.0 if, at the time of the apportionment, the area is designated as nonattainment for ozone under section 107 of the Clean Air Act (42 U.S.C. 7407); or

(ix)

1.2 if, at the time of the apportionment, the area is not a nonattainment or maintenance area as described in section 149(b) for ozone, but is designated as a nonattainment or maintenance area for fine particulate matter, 2.5 micrometers or less, under section 107 of the Clean Air Act (42 U.S.C. 7407).

(B)

Other factors

If, in addition to being designated as a nonattainment or maintenance area for ozone as described in section 149(b), any county within the area was also designated under section 107 of the Clean Air Act (42 U.S.C. 7407) as a nonattainment or maintenance area for carbon monoxide, or was designated under section 107 of the Clean Air Act (42 U.S.C. 7407) as a nonattainment or maintenance area for particulate matter, 2.5 micrometers or less, or both, the weighted nonattainment or maintenance area population of the county, as determined under clauses (i) through (vi), or clause (viii), of subparagraph (A), shall be further multiplied by a factor of 1.2, or a second further factor of 1.2 if the area is designated as a nonattainment or maintenance area for both carbon monoxide and particulate matter, 2.5 micrometers or less.

(7)

Exceptions for certain States

(A)

A State without a nonattainment or maintenance area shall not be subject to the requirements of this subsection.

(B)

The amount of funds required to be set aside under paragraph (1) in a State that received a minimum apportionment for fiscal year 2009 under section 104(b)(2)(D), as in effect on the day before the date of enactment of the MAP–21, shall be based on the amount of funds such State would otherwise have been apportioned under section 104(b)(4) (excluding the amount of funds reserved under subsection (l)) but for the minimum apportionment in fiscal year 2009.

(k)

Performance plan

(1)

In general

Each tier I metropolitan planning organization (as defined in section 134) 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)

identifies air quality and traffic congestion target levels based on measures established by the Secretary; and

(C)

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

(2)

Updated plans

(A)

In general

Performance plans shall be updated on the schedule required under paragraph (3).

(B)

Contents

An updated plan shall 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.

(3)

Rulemaking

Not later than 18 months after the date of enactment of the MAP–21, the Secretary shall promulgate regulations to implement this subsection that identify performance measures for traffic congestion and on-road mobile source emissions, timelines for performance plans, and requirements under this section for assessing the implementation of projects carried out under this section.

(l)

Additional activities

(1)

Reservation of funds

Of the funds apportioned to a State under section 104(b)(4), a State shall reserve the amount of funds attributable to the inclusion of the 10 percent of surface transportation program funds apportioned to such State for fiscal year 2009 in the formula under section 104(b)(4) for projects under this subsection.

(2)

Eligible projects

A State may obligate the funds reserved under this subsection for any of the following projects or activities:

(A)

Transportation enhancements, as defined in section 101.

(B)

The recreational trails program under section 206.

(C)

The safe routes to school program under section 1404 of the SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–59).

(D)

Planning, designing, or constructing boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways.

(3)

Allocations of funds

(A)

Calculation

Of the funds reserved in a State under this subsection—

(i)

50 percent for a fiscal year shall be obligated under this subsection 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

(ii)

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

(B)

Metropolitan areas

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

(C)

Distribution among urbanized areas of over 200,000 population

(i)

In general

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

(ii)

Other factors

The State may obligate the funds described in clause (i) 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.

(D)

Access to funds

(i)

In general

Each State or metropolitan planning organization required to obligate funds in accordance with subparagraph (A) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection.

(ii)

Definition of eligible entity

In this subsection, 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 tier I metropolitan planning organization or a State agency) that the State determines to be eligible, consistent with the goals of this subsection.

(E)

Selection of projects

Each tier I and tier II metropolitan planning organization shall select projects carried out within the boundaries of the applicable metropolitan planning area, in consultation with the relevant State, for funds reserved in a State under this subsection and suballocated to the metropolitan planning area under subparagraph (A)(i).

(4)

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 apportioned to a State under section 104(b)(4) and reserved by a State under this subsection exceeds 150 percent of such reserved amount in such fiscal year, the State may thereafter obligate the amount of excess funds for any activity—

(A)

that is eligible to receive funding under this subsection; or

(B)

for which the Secretary has approved the obligation of funds for any State under this section.

(5)

Provision of adequate data, modeling, and support

In any case in which a State requests reasonable technical support or otherwise requests data (including planning models and other modeling), clarification, or guidance regarding the content of any final rule or applicable regulation material to State actions under this section, the Secretary and any other agency shall provide that support, clarification, or guidance in a timely manner.

(6)

Treatment of projects

Notwithstanding any other provision of law, projects funded under this subsection shall be treated as projects on a Federal-aid highway under this chapter.

(7)

Continuation of certain recreational trails projects

Each State that does not opt out of this paragraph shall—

(A)

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;

(B)

return 1 percent of those funds to the Secretary for the administration of that program; and

(C)

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.

(8)

State flexibility

A State may opt out of the recreational trails program under paragraph (7) if the Governor of the State notifies the Secretary not later than 30 days prior to apportionments being made for any fiscal year.

.

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)

75 percent shall be for the Puerto Rico highway program under subsection (b); and

(2)

25 percent 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 transportation mobility 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 transportation mobility program projects described in section 133(c).

(ii)

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

(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(c)) may not be undertaken on roads functionally classified as local.

.

(b)

Conforming amendments

(1)

Clerical 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)

Obsolete text

Section 215 of that title, and the item relating to that section in the analysis for chapter 2, are repealed.

1115.

National freight program

(a)

In general

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

167.

National freight program

(a)

National freight program

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 program 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 reduce the environmental impacts of freight movement on the national freight network;

(3)

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

(4)

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

(5)

to use advanced technology to improve the safety and efficiency of the national freight network;

(6)

to incorporate concepts of performance, innovation, competition, and accountability into the operation and maintenance of the national freight network; and

(7)

to improve the economic efficiency of the national freight network.

(c)

Establishment of program

(1)

In general

The Secretary shall establish and implement a national freight program in accordance with this section to strategically direct Federal 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 (f) (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 (g).

(d)

Use of apportioned funds

(1)

Projects on the national freight network

At a minimum, following designation of the primary freight network under subsection (f), a State shall obligate funds apportioned under section 104(b)(5) to improve the movement of freight on the national freight network.

(2)

Location of projects

A project carried out using funds apportioned under paragraph (1) shall be located—

(A)

on the primary freight network as described under subsection (f);

(B)

on a portion of the Interstate System not designated as primary freight network;

(C)

on roads off of the Interstate System or primary freight network, if that use of funds will provide—

(i)

a more significant improvement to freight movement on the Interstate System or the primary freight network;

(ii)

critical freight access to the Interstate System or the primary freight network; or

(iii)

mitigation of the congestion impacts from freight movement;

(D)

on a national highway system freight intermodal connector;

(E)

on critical rural freight corridors, as designated under subsection (g) (except that not more than 20 percent of the total anticipated apportionment of a State under section 104(b)(5) during fiscal years 2012 and 2013 may be used for projects on critical rural freight corridors); or

(F)

within the boundaries of public and private intermodal facilities, but shall only include surface infrastructure necessary to facilitate direct intermodal interchange, transfer, and access into and out of the facility.

(3)

Primary freight network funding

Beginning for each fiscal year after the Secretary designates the primary freight network, a State shall obligate from funds apportioned under section 104(b)(5) for the primary freight network the lesser of—

(A)

an amount equal to the product obtained by multiplying—

(i)

an amount equal to 110 percent of the apportionment of the State for the fiscal year under section 104(b)(5); and

(ii)

the proportion that—

(I)

the total designated primary freight network mileage of the State; bears to

(II)

the sum of the designated primary freight network mileage of the State and the total Interstate system mileage of the State that is not designated as part of the primary freight network; or

(B)

an amount equal to the total apportionment of the State under section 104(b)(5).

(e)

Eligibility

(1)

Eligible projects

To be eligible for funding under this section, a project shall demonstrate the improvement made by the project to the efficient movement of freight on the national freight network.

(2)

Freight rail and maritime projects

(A)

In general

A State may obligate an amount equal to not more than 10 percent of the total apportionment to the State under section 104(b)(5) over the period of fiscal years 2012 and 2013 for public or private freight rail or maritime projects.

(B)

Eligibility

For a State to be eligible to obligate funds in the manner described in subparagraph (A), the Secretary shall concur with the State that—

(i)

the project for which the State seeks to obligate funds under this paragraph would make freight rail improvements to enhance cross-border commerce within 5 miles of the international border between the United States and Canada or Mexico or make significant improvement to freight movements on the national freight network; and

(ii)

the public benefit of the project—

(I)

exceeds the Federal investment; and

(II)

provides a better return than a highway project on a segment of the primary freight network.

(3)

Eligible project costs

A State may obligate funds apportioned to the State under section 104(b)(5) for the national freight program for any of the following costs of an eligible project:

(A)

Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities.

(B)

Construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to land), construction contingencies, acquisition of equipment, and operational improvements directly relating to improving system performance, including but not limited to any segment of the primary freight network that falls below the minimum level established pursuant to section 119(f).

(C)

Intelligent transportation systems and other technology to improve the flow of freight.

(D)

Efforts to reduce the environmental impacts of freight movement on the national freight network.

(E)

Environmental mitigation.

(F)

Railway-highway grade separation.

(G)

Geometric improvements to interchanges and ramps.

(H)

Truck-only lanes.

(I)

Climbing and runaway truck lanes.

(J)

Adding or widening of shoulders.

(K)

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

(L)

Real-time traffic, truck parking, roadway condition, and multimodal transportation information systems.

(M)

Electronic screening and credentialing systems for vehicles, including weigh-in-motion truck inspection technologies.

(N)

Traffic signal optimization including synchronized and adaptive signals.

(O)

Work zone management and information systems.

(P)

Highway ramp metering.

(Q)

Electronic cargo and border security technologies that improve truck freight movement.

(R)

Intelligent transportation systems that would increase truck freight efficiencies inside the boundaries of intermodal facilities.

(S)

Any other activities to improve the flow of freight on the national freight network.

(4)

Other eligible costs

In addition to eligible project costs, a State may use funds apportioned under section 104(b)(5) for—

(A)

carrying out diesel retrofit or alternative fuel projects defined in section 149 for class 8 vehicles; or

(B)

the necessary costs of—

(i)

conducting analyses and data collection;

(ii)

developing and updating performance targets to carry out this section; or

(iii)

reporting to the Secretary to comply with subsection (i).

(5)

Eligible project costs prior to designation of the primary freight network

Prior to the date of designation of the primary freight network, a State may obligate funds apportioned to the State under section 104(b)(5) to improve freight movement on the Interstate System for—

(A)

construction, reconstruction, resurfacing, restoration, and rehabilitation of segments of the Interstate System;

(B)

operational improvements for segments of the Interstate System;

(C)

construction of, and operational improvements for, a Federal-aid highway not on the Interstate System, and construction of a transit project eligible for assistance under chapter 53 of title 49, United States Code, if—

(i)

the highway or transit project is in the same corridor as, and in proximity to a highway designated as a part of, the Interstate System;

(ii)

the construction or improvements would improve the level of service on the Interstate System described in subparagraph (A) and improve freight traffic flow; and

(iii)

the construction or improvements are more cost-effective for freight movement than an improvement to the Interstate System described in subparagraph (A);

(D)

highway safety improvements for segments of the Interstate System;

(E)

transportation planning in accordance with sections 134 and 135;

(F)

the costs of conducting analysis and data collection to comply with this section;

(G)

truck parking facilities eligible for funding under section 1401 of the MAP–21;

(H)

infrastructure-based intelligent transportation systems capital improvements;

(I)

environmental restoration and pollution abatement in accordance with section 328; and

(J)

in accordance with all applicable Federal law (including regulations), participation in natural habitat and wetlands mitigation efforts relating to projects funded under this title, which may include participation in natural habitat and wetlands mitigation banks, contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands, and development of statewide and regional natural habitat and wetlands conservation and mitigation plans, including any such banks, efforts, and plans developed in accordance with applicable Federal law (including regulations), on the conditions that—

(i)

contributions to those mitigation efforts may—

(I)

take place concurrent with or in advance of project construction; 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; and

(ii)

with respect to participation in a natural habitat or wetland mitigation effort relating to a project funded under this title that has an impact that occurs within the service area of a mitigation bank, preference is given, to the maximum extent practicable, to the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with applicable Federal law (including regulations).

(f)

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 all modes of transportation;

(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)

population centers; and

(vii)

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

During calendar year 2015 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 subsection (f)(2)).

(g)

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); or

(2)

connects the primary freight network, a roadway described in paragraph (1), 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.

(h)

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 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 information from the Freight Analysis Network of the Federal Highway Administration;

(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)

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

(G)

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

(H)

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

(I)

strategies to improve maritime, freight rail, and 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.

(i)

Freight performance targets

(1)

Rulemaking

Not later than 2 years after the date of enactment of this section, the Secretary, in consultation with State departments of transportation and other appropriate public and private transportation stakeholders, shall publish a rulemaking that establishes performance measures for freight movement on the primary freight network.

(2)

State targets and reporting

Not later than 1 year after the date on which the Secretary publishes the rulemaking under paragraph (1), each State shall—

(A)

develop and periodically update State performance targets for freight movement on the primary freight network—

(i)

in consultation with appropriate public and private stakeholders; and

(ii)

using measures determined by the Secretary; and

(B)

for every 2-year period, submit to the Secretary a report that contains a description of—

(i)

the progress of the State toward meeting the targets; and

(ii)

the ways in which the State is addressing congestion at freight bottlenecks within the State.

(3)

Compliance

(A)

Performance targets

To obligate funding apportioned under section 104(b)(5), each State shall develop performance targets in accordance with paragraph (2).

(B)

Determination of Secretary

If the Secretary determines that a State has not met or made significant progress toward meeting the performance targets of the State by the date that is 2 years after the date of establishment of the performance targets, until the date on which the Secretary determines that the State has met (or has made significant progress towards meeting) the State performance targets, the State shall submit to the Secretary, on a biennial basis, a freight performance improvement plan that includes—

(i)

an identification of significant freight system trends, needs, and issues within the State;

(ii)

a description of the freight policies and strategies that will guide the freight-related transportation investments of the State;

(iii)

an inventory of freight bottlenecks within the State and a description of the ways in which the State is allocating funds to improve those bottlenecks; and

(iv)

a description of the actions the State will undertake to meet the performance targets of the State.

(j)

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.

(k)

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).

(l)

Definition of aerotropolis transportation system

For the purposes of 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.

(m)

Treatment of projects

Notwithstanding any other provision of law, projects funded under this section shall be treated as projects on a Federal-aid highway under this chapter.

.

(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.

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, 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)

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).

(7)

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.

(8)

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.

(9)

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 Account of the Transportation 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 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 2012—

(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 2013—

(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 2014—

(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 2015—

(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).

(V)

For fiscal year 2016 and thereafter, 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)

30 percent in the ratio that the total eligible lane mileage in each tribe bears to the total eligible lane mileage of all American Indians and Alaskan Natives. For the purposes of this calculation—

(I)

eligible lane 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); and

(II)

paved roads and gravel surfaced roads are deemed to equal 2 lane miles per mile of inventory, and earth surfaced roads and unimproved roads shall be deemed to equal 1 lane mile per mile of inventory.

(ii)

35 percent in the ratio that the total population in each tribe bears to the total population of all American Indians and Alaskan Natives.

(iii)

35 percent shall be divided equally among each Bureau of Indian Affairs region for distribution of tribal shares as follows:

(I)

1/4 of 1 percent shall be distributed equally among Indian tribes with populations of 1 to 25.

(II)

3/4 of 1 percent shall be distributed equally among Indian tribes with populations of 26 to 100.

(III)

33/4 percent shall be distributed equally among Indian tribes with populations of 101 to 1,000.

(IV)

20 percent shall be distributed equally among Indian tribes with populations of 1,001 to 10,000.

(V)

743/4 percent shall be distributed equally among Indian tribes with populations of 10,001 to 60,000 where 3 or more Indian tribes occupy this category in a single Bureau of Indian Affairs region, and Bureau of Indian Affairs regions containing less than 3 Indian tribes in this category shall receive funding in accordance with subclause (IV) and clause (iv).

(VI)

1/2 of 1 percent shall be distributed equally among Indian tribes with populations of 60,001 or more.

(iv)

For a Bureau of Indian Affairs region that has no Indian tribes meeting the population criteria under 1 or more of subclauses (I) through (VI) of clause (iii), the region shall redistribute any funds subject to such clause or clauses among any such clauses for which the region has Indian tribes meeting such criteria proportionally in accordance with the percentages listed in such clauses until such funds are completely distributed.

(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 Tribal Transportation Allocation Methodology 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 Tribal Transportation Allocation Methodology in excess of the amount that they would be entitled to receive in the fiscal year under subparagraph (B); and

(bb)

Subject to subclause (III), 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 Tribal Transportation Allocation Methodology 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 through the Secretary of the Interior 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; and

(C)

any transportation project eligible for assistance under this title that is on a public road within or adjacent to, or that provides access to, Federal lands open to the public.

(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—

(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; 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 11/2 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 consult 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.

.

(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),.

1117.

Alaska Highway

Section 218 of title 23, United States Code, is amended to read as follows:

218.

Alaska Highway

(a)

Definition of Alaska Marine Highway System

In this section, the term Alaska Marine Highway System includes each existing or planned transportation facility and equipment in the State of Alaska relating to the ferry system of the State, including the lease, purchase, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges, and approaches thereto, and necessary roads.

(b)

Authorization of Secretary

(1)

In general

Recognizing the benefits that will accrue to the State of Alaska and to the United States from the reconstruction of the Alaska Highway from the Alaskan border to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, the Secretary is authorized, upon agreement with the State of Alaska, to expend on such highway or the Alaska Marine Highway System any Federal-aid highway funds apportioned to the State of Alaska under this title to provide for necessary reconstruction of such highway.

(2)

Limitation

No expenditures shall be made for the construction of the portion of the highways that are in located in Canada until the date on which an agreement has been reached by the Government of Canada and the Government of the United States, which shall provide in part, that the Canadian Government—

(A)

will provide, without participation of funds authorized under this title, all necessary right-of-way for the construction of the highways;

(B)

will not impose any highway toll, or permit any toll to be charged for the use of the highways by vehicles or persons;

(C)

will not levy or assess, directly or indirectly, any fee, tax, or other charge for the use of the highways by vehicles or persons from the United States that does not apply equally to vehicles or persons of Canada;

(D)

will continue to grant reciprocal recognition of vehicle registration and drivers’ licenses in accordance with agreements between the United States and Canada; and

(E)

will maintain the highways after the date of completion of the highways in proper condition adequately to serve the needs of present and future traffic.

(c)

Supervision of Secretary

The survey and construction work undertaken in Canada pursuant to this section shall be under the general supervision of the Secretary.

.

1118.

Projects of national and regional significance

(a)

Establishment of program

The Secretary shall establish a program in accordance with this section to provide grants for projects of national and regional significance.

(b)

Purpose of program

The purpose of the projects of national and regional significance program shall be to fund critical high-cost surface transportation infrastructure projects that are difficult to complete with existing Federal, State, local, and private funds and that will—

(1)

generate national and regional economic benefits and increase global economic competitiveness;

(2)

reduce congestion and its impacts;

(3)

improve roadways vital to national energy security;

(4)

improve movement of freight and people; and

(5)

improve transportation safety.

(c)

Definitions

In this section:

(1)

Eligible applicant

The term eligible applicant means a State department of transportation or a group of State departments of transportation, a local government, a tribal government or consortium of tribal governments, a transit agency, a port authority, a metropolitan planning organization, other political subdivisions of State or local governments, or a multi-State or multi-jurisdictional group of the aforementioned entities.

(2)

Eligible project

The term eligible project means a surface transportation project or a program of integrated surface transportation projects closely related in the function they perform that—

(A)

is a capital project or projects—

(i)

eligible for Federal financial assistance under title 23, United States Code, or under chapter 53 of title 49, United States Code; or

(ii)

for surface transportation infrastructure to facilitate intermodal interchange, transfer, and access into and out of intermodal facilities, including ports; and

(B)

has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—

(i)

$500,000,000;

(ii)

for a project located in a single State, 30 percent of the amount of Federal-aid highway funds apportioned for the most recently completed fiscal year to the State; or

(iii)

for a project located in more than 1 State, 75 percent of the amount of Federal-aid highway funds apportioned for the most recently completed fiscal year to the State in which the project is located that has the largest apportionment.

(3)

Eligible project costs

The term eligible project costs means the costs of—

(A)

development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities;

(B)

construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements; and

(C)

all financing costs, including subsidy costs under the Transportation Infrastructure Finance and Innovation Act program.

(d)

Solicitations and applications

(1)

Grant solicitations

The Secretary shall establish criteria for project evaluation and conduct a transparent and competitive national solicitation process to select projects for funding to carry out the purposes of this section.

(2)

Applications

(A)

In general

An eligible applicant seeking a grant under this section for an eligible project shall submit an application to the Secretary in such form and in accordance with such requirements as the Secretary shall establish.

(B)

Contents

An application under this subsection shall, at a minimum, include data on current system performance and estimated system improvements that will result from completion of the eligible project, including projections for 2, 7, and 15 years after completion.

(C)

Resubmission of applications

An eligible applicant whose project is not selected by the Secretary may resubmit an application in any subsequent solicitation.

(e)

Criteria for project evaluation and selection

(1)

In general

The Secretary may select a project only if the Secretary determines that the project—

(A)

will significantly improve the performance of the national surface transportation network, nationally or regionally;

(B)

is based on the results of preliminary engineering;

(C)

cannot be readily and efficiently completed without Federal support from this program;

(D)

is justified based on the ability of the project—

(i)

to generate national economic benefits that reasonably exceed its costs, including increased access to jobs, labor, and other critical economic inputs;

(ii)

to reduce long-term congestion, including impacts in the State, region, and Nation, and increase speed, reliability, and accessibility of the movement of people or freight; and

(iii)

to improve transportation safety, including reducing transportation accidents, and serious injuries and fatalities; and

(E)

is supported by an acceptable degree of non-Federal financial commitments, including evidence of stable and dependable financing sources to construct, maintain, and operate the infrastructure facility.

(2)

Additional considerations

In evaluating a project under this section, in addition to the criteria in paragraph (1), the Secretary shall consider the extent to which the project—

(A)

leverages Federal investment by encouraging non-Federal contributions to the project, including contributions from public-private partnerships;

(B)

is able to begin construction within 18 months of being selected;

(C)

incorporates innovative project delivery and financing where practical;

(D)

stimulates collaboration between States and among State and local governments;

(E)

helps maintain or protect the environment;

(F)

improves roadways vital to national energy security;

(G)

uses innovative technologies, including intelligent transportation systems, that enhance the efficiency of the project; and

(H)

contributes to an equitable geographic distribution of funds under this section and an appropriate balance in addressing the needs of urban and rural communities.

(f)

Grant requirements

(1)

In general

A grant for a project under this section shall be subject to the following requirements:

(A)

A qualifying highway project eligible for funding under title 23, United States Code, or public transportation project eligible under chapter 53 of title 49, United States Code, shall comply with all applicable requirements of such title or chapter except that, if the project contains elements or activities that are not eligible for funding under such title or chapter but are eligible for funding under this section, the elements or activities shall comply with the requirements described in subparagraph (B).

(B)

A qualifying surface transportation project not eligible under title 23, United States Code, or chapter 53 of title 49, United States Code, shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code, section 10a–d of title 41, United States Code, and such other terms, conditions, and requirements as the Secretary determines are necessary and appropriate for the type of project.

(2)

Determination of applicable modal requirements

In the event that a project has cross-modal components, the Secretary shall have the discretion to designate the requirements that shall apply to the project based on predominant components.

(3)

Other terms and conditions

The Secretary shall require that all grants under this section be subject to all terms, conditions, and requirements that the Secretary decides are necessary or appropriate for purposes of this section, including requirements for the disposition of net increases in value of real property resulting from the project assisted under this section.

(g)

Federal share of project cost

(1)

In general

If a project funded under this section is to construct or improve a privately owned facility or would primarily benefit a private entity, the Federal share shall be the lesser of 50 percent of the total project cost or the quantified public benefit of the project. For all other projects funded under this section—

(A)

the Federal share of funds under this section shall be up to 50 percent of the project cost; and

(B)

the project sponsor may use other eligible Federal transportation funds to cover up to an additional 30 percent of the project costs.

(2)

Pre-approval costs

The Secretary may allow costs incurred prior to project approval to be used as a credit toward the non-Federal share of the cost of the project. Such costs must be adequately documented, necessary, reasonable, and allocable to the current phase of the project and such costs may not be included as a cost or used to meet cost-sharing or matching requirements of any other federally-financed project.

(h)

Report to the Secretary

For each project funded under this section, the project sponsor shall reassess system performance and report to the Secretary 2, 7, and 15 years after completion of the project to assess if the project outcomes have met pre-construction projections.

(i)

Authorization of appropriations

There is authorized to be appropriated to carry out this section, to remain available until expended, $1,000,000,000 for fiscal year 2013.

(j)

Treatment of projects

Notwithstanding any other provision of law, projects funded under this section shall be treated as projects on a Federal-aid highway under chapter 1 of title 23, United States Code.

(k)

Reports

(1)

Secretary

(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 Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the reasons for selecting the project, based on the criteria described in subsection (e).

(B)

Inclusions

The report submitted under subparagraph (A) shall specify each criteria described in subsection (e) that the project meets.

(C)

Availability

The Secretary shall make available on the website of the Department the report submitted under subparagraph (A).

(2)

Comptroller general

(A)

Assessment

The Comptroller General of the United States shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section.

(B)

Report

Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—

(i)

the process by which each project was selected;

(ii)

the factors that went into the selection of each project; and

(iii)

the justification for the selection of each project based on the criteria described in subsection (e).

(3)

Inspector general

(A)

Assessment

The Inspector General of the Department shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section.

(B)

Initial Report

Not later than 2 years after the date of enactment of this Act, the Inspector General of the Department shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the initial results of the assessment conducted under subparagraph (A).

(C)

Final Report

Not later than 4 years after the date of enactment of this Act, the Inspector General of the Department 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 final report that describes the findings of the Inspector General of the Department with respect to the assessment conducted under subparagraph (A).

(l)

Regulations

(1)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations implementing the program authorized under this section.

(2)

Interim provisions

Until the date on which the Secretary promulgates final regulations under paragraph (1), any amounts made available under subsection (i) to carry out this section shall be distributed in accordance with—

(A)

the guidance and policies developed for the distribution of grants under the program using the notice of funding availability entitled Notice of Funding Availability for the Department of Transportation’s National Infrastructure Investments Under the Full-Year Continuing Appropriations, 2012; and Request for Comments (77 Fed. Reg. 4863 (January 31, 2012)); or

(B)

such guidance and policies as subsequently revised and updated.

1119.

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), (d), and (e);

(2)

by redesignating subsection (f) as subsection (g); 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)

50 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)

30 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)

Ferry boat coordination team

(1)

Establishment

The Secretary shall establish within the Federal Highway Administration a Ferry Boat Coordination Team to carry out paragraph (2).

(2)

Purposes

The purposes of the ferry boat coordination team shall be—

(A)

to coordinate Federal programs affecting ferry and ferry facility construction, maintenance, operations, and security; and

(B)

to promote transportation by ferry as a component of the United States transportation system.

(3)

Functions

The ferry boat coordination team shall—

(A)

coordinate programs relating to ferry transportation carried out by—

(i)

the Department of Transportation, including programs carried out by the Federal Highway Administration, the Federal Transit Administration, the Maritime Administration, and the Research and Innovative Technology Administration;

(ii)

the Department of Homeland Security; and

(iii)

other Federal and State agencies, as appropriate;

(B)

ensure resource accountability for programs carried out by the Secretary relating to ferry transportation;

(C)

provide strategic leadership for research, development, testing, and deployment of technologies relating to ferry transportation; and

(D)

promote ferry transportation as a means to reduce costs associated with traffic congestion.

(f)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $67,000,000 for each of fiscal years 2012 and 2013.

.

(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 2013.

B

Performance management

1201.

Metropolitan transportation planning

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, cost-effective, and efficient management, operation, and development of surface transportation systems that will serve efficiently the mobility needs of individuals and freight, reduce transportation-related fatalities and serious injuries, and foster economic growth and development within and between States and urbanized areas, while fitting the needs and complexity of individual communities, maximizing value for taxpayers, leveraging cooperative investments, and minimizing transportation-related fuel consumption and air pollution through the metropolitan and statewide transportation planning processes identified in this title;

(2)

to encourage the continued improvement, evolution, and coordination of the metropolitan and statewide transportation planning processes by and among metropolitan planning organizations, State departments of transportation, regional planning organizations, interstate partnerships, and public transportation and intercity service operators as guided by the planning factors identified in subsection (h) of this section and section 135(d);

(3)

to encourage and promote transportation needs and decisions that are integrated with other planning needs and priorities; and

(4)

to maximize the effectiveness of transportation investments.

(b)

Definitions

In this section and section 135, the following definitions shall apply:

(1)

Existing MPO

The term existing MPO means a metropolitan planning organization that was designated as a metropolitan planning organization on the day before the date of enactment of the MAP–21.

(2)

Local official

The term local official means any elected or appointed official of general purpose local government with responsibility for transportation in a designated area.

(3)

Maintenance area

The term maintenance area means an area that was designated as an air quality nonattainment area, but was later redesignated by the Administrator of the Environmental Protection Agency as an air quality attainment area, under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).

(4)

Metropolitan planning area

The term metropolitan planning area means a geographical area determined by agreement between the metropolitan planning organization for the area and the applicable Governor under subsection (c).

(5)

Metropolitan planning organization

The term metropolitan planning organization means the policy board of an organization established pursuant to subsection (c).

(6)

Metropolitan transportation plan

The term metropolitan transportation plan means a plan developed by a metropolitan planning organization under subsection (i).

(7)

Nonattainment area

The term nonattainment area has the meaning given the term in section 171 of the Clean Air Act (42 U.S.C. 7501).

(8)

Nonmetropolitan area

(A)

In general

The term nonmetropolitan area means a geographical area outside the boundaries of a designated metropolitan planning area.

(B)

Inclusions

The term nonmetropolitan area includes—

(i)

a small urbanized area with a population of more than 50,000, but fewer than 200,000, individuals, as calculated according to the most recent decennial census; and

(ii)

a nonurbanized area.

(9)

Nonmetropolitan planning organization

The term nonmetropolitan planning organization means an organization that—

(A)

was designated as a metropolitan planning organization as of the day before the date of enactment of the MAP–21; and

(B)

is not designated as a tier I MPO or tier II MPO.

(10)

Regionally significant

The term regionally significant, with respect to a transportation project, program, service, or strategy, means a project, program, service, or strategy that—

(A)

serves regional transportation needs (such as access to and from the area outside of the region, major activity centers in the region, and major planned developments); and

(B)

would normally be included in the modeling of a transportation network of a metropolitan area.

(11)

Rural planning organization

The term ‘rural planning organization’ means an organization that—

(A)

is responsible for the planning, coordination, and implementation of statewide transportation plans and programs outside of a metropolitan area, with an emphasis on addressing the needs of rural areas of the State; and

(B)

is not designated as a tier I or tier II metropolitan planning organization or a nonmetropolitan planning organization.

(12)

Statewide transportation improvement program

The term statewide transportation improvement program means a statewide transportation improvement program developed by a State under section 135(g).

(13)

Statewide transportation plan

The term statewide transportation plan means a plan developed by a State under section 135(f).

(14)

Tier I MPO

The term ‘tier I MPO’ means a metropolitan planning organization designated as a tier I MPO under subsection (e)(4)(A).

(15)

Tier II MPO

The term ‘tier II MPO’ means a metropolitan planning organization designated as a tier I MPO under subsection (e)(4)(B).

(16)

Transportation improvement program

The term transportation improvement program means a program developed by a metropolitan planning organization under subsection (j).

(17)

Urbanized area

The term urbanized area means a geographical area with a population of 50,000 or more individuals, as calculated according to the most recent decennial census.

(c)

Designation of metropolitan planning organizations

(1)

In general

To carry out the metropolitan transportation planning process under this section, a metropolitan planning organization shall be designated for each urbanized area with a population of 200,000 or more individuals, as calculated according to the most recent decennial census—

(A)

by agreement between the applicable Governor and local officials that, in the aggregate, represent at least 75 percent of the affected population (including the largest incorporated city (based on population), as calculated according to the most recent decennial census); or

(B)

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

(2)

Small urbanized areas

To carry out the metropolitan transportation planning process under this section, a metropolitan planning organization may be designated for any urbanized area with a population of 50,000 or more individuals, but fewer than 200,000 individuals, as calculated according to the most recent decennial census—

(A)

by agreement between the applicable Governor and local officials that, in the aggregate, represent at least 75 percent of the affected population (including the largest incorporated city (based on population), as calculated according to the most recent decennial census); and

(B)

with the consent of the Secretary, based on a finding that the resulting metropolitan planning organization has met the minimum requirements under subsection (e)(4)(B).

(3)

Structure

Not later than 1 year after the date of enactment of the MAP–21, a metropolitan planning organization shall consist of—

(A)

elected local officials in the relevant metropolitan area;

(B)

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

(C)

appropriate State officials.

(4)

Effect of subsection

Nothing in this subsection interferes with any authority under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities—

(A)

to develop the metropolitan transportation plans and transportation improvement programs for adoption by a metropolitan planning organization; or

(B)

to develop capital plans, coordinate public transportation services and projects, or carry out other activities pursuant to State law.

(5)

Continuing designation

(A)

Population of 200,000 or more

A designation of an existing MPO for an urbanized area with a population of 200,000 or more individuals, as calculated according to the most recent decennial census, shall remain in effect—

(i)

for the period during which the structure of the existing MPO complies with the requirements of paragraph (1); or

(ii)

until the date on which the existing MPO is redesignated under paragraph (6); and

(B)

Population of fewer than 200,000

(i)

In general

A designation of an existing MPO for an urbanized area with a population of fewer than 200,000 individuals, as calculated according to the most recent decennial census, shall remain in effect until the date on which the existing MPO is redesignated under paragraph (6) unless—

(I)

the existing MPO requests that its planning responsibilities be transferred to the State or to another planning organization designated by the State; or

(II)

the Secretary determines 3 years after the date on which the Secretary issues a rule pursuant to subsection (e)(4)(B)(i), that the existing MPO is not meeting the minimum requirements established by the rule.

(ii)

Justification

The Secretary shall, in a timely manner, provide a substantive written justification to each metropolitan planning organization that is the subject of a negative determination of the Secretary under clause (i)(II).

(C)

Extension

If a metropolitan planning organization for an urbanized area with a population of less than 200,000 that would otherwise be terminated under subparagraph (B), requests a probationary continuation before the termination of the metropolitan planning organization, the Secretary shall—

(i)

delay the termination of the metropolitan planning organization under subparagraph (B) for a period of 1 year;

(ii)

provide additional technical assistance to all metropolitan planning organizations provided an extension under this paragraph to assist the metropolitan planning organization in meeting the minimum requirements under subsection (e)(4)(B)(i); and

(iii)

make a determination not later than 1 year after the date on which the Secretary issues an extension, regardless of whether the metropolitan planning organization has met the minimum requirements established under subsection (e)(4)(B)(ii).

(D)

Designation as tier ii mpo

If the Secretary determines that the existing MPO has met the minimum requirements under the rule issued under subsection (e)(4)(B)(i), the Secretary shall designate the existing MPO as a tier II MPO.

(6)

Redesignation

(A)

In general

The designation of a metropolitan planning organization under this subsection shall remain in effect until the date on which the metropolitan planning organization is redesignated, as appropriate, in accordance with the requirements of this subsection pursuant to an agreement between—

(i)

the applicable Governor; and

(ii)

affected local officials who, in the aggregate, represent at least 75 percent of the existing metropolitan planning area population (including the largest incorporated city (based on population), as calculated according to the most recent decennial census).

(B)

Restructuring

A metropolitan planning organization may be restructured to meet the requirements of paragraph (3) without undertaking a redesignation.

(7)

Absence of designation

(A)

In general

A metropolitan planning organization that is the subject of a negative determination of the Secretary under paragraph (5)(B)(ii) shall submit to the State in which the metropolitan planning organization is located, or to a planning organization designated by the State, by not later than 180 days after the date on which a notice of the negative determination is received, a 6-month plan that includes a description of a method—

(i)

to transfer the responsibilities of the metropolitan planning organization to the State; and

(ii)

to dissolve the metropolitan planning organization.

(B)

Action on dissolution

On submission of a plan under subparagraph (A), the metropolitan planning area served by the applicable metropolitan planning organization shall—

(i)

continue to receive metropolitan transportation planning funds until the earlier of—

(I)

the date of dissolution of the metropolitan planning organization; and

(II)

the date that is 4 years after the date of enactment of the MAP–21; and

(ii)

be treated by the State as a nonmetropolitan area for purposes of this title.

(8)

Designation of multiple MPOs

(A)

In general

More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the applicable Governor and an existing MPO determine that the size and complexity of the existing metropolitan planning area make the designation of more than 1 metropolitan planning organization for the metropolitan planning area appropriate.

(B)

Service jurisdictions

If more than 1 metropolitan planning organization is designated for an existing metropolitan planning area under subparagraph (A), the existing metropolitan planning area shall be split into multiple metropolitan planning areas, each of which shall be served by the existing MPO or a new metropolitan planning organization.

(C)

Tier designation

The tier designation of each metropolitan planning organization subject to a designation under this paragraph shall be determined based on the size of each respective metropolitan planning area, in accordance with subsection (e)(4).

(d)

Metropolitan planning area boundaries

(1)

In general

For purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the applicable metropolitan planning organization and the Governor of the State in which the metropolitan planning area is located.

(2)

Included area

Each metropolitan planning area—

(A)

shall encompass at least the relevant existing urbanized area and any contiguous area expected to become urbanized within a 20-year forecast period under the applicable metropolitan transportation plan; and

(B)

may encompass the entire relevant metropolitan statistical area, as defined by the Office of Management and Budget.

(3)

Identification of new urbanized areas

The designation by the Bureau of the Census of a new urbanized area within the boundaries of an existing metropolitan planning area shall not require the redesignation of the relevant existing MPO.

(4)

Nonattainment and maintenance areas

(A)

Existing metropolitan planning areas

(i)

In general

Except as provided in clause (ii), notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area or maintenance area as of the date of enactment of the MAP–21, the boundaries of the existing metropolitan planning area as of that date of enactment shall remain in force and effect.

(ii)

Exception

Notwithstanding clause (i), the boundaries of an existing metropolitan planning area described in that clause may be adjusted by agreement of the applicable Governor and the affected metropolitan planning organizations in accordance with paragraph (1).

(B)

New metropolitan planning areas

In the case of an urbanized area designated as a nonattainment area or maintenance area after the date of enactment of the MAP–21, the boundaries of the applicable metropolitan planning area—

(i)

shall be established in accordance with subsection (c)(1);

(ii)

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

(iii)

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

(iv)

may address any appropriate nonattainment area or maintenance area.

(e)

Requirements

(1)

Development of plans and TIPs

To accomplish the policy objectives described in subsection (a), each metropolitan planning organization, in cooperation with the applicable State and public transportation operators, shall develop metropolitan transportation plans and transportation improvement programs for metropolitan planning areas of the State through a performance-driven, outcome-based approach to metropolitan transportation planning consistent with subsection (h).

(2)

Contents

The metropolitan transportation plans and transportation improvement programs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation) that will function as—

(A)

an intermodal transportation system for the metropolitan planning area; and

(B)

an integral part of an intermodal transportation system for the applicable State and the United States.

(3)

Process of development

The process for developing metropolitan transportation plans and transportation improvement programs shall—

(A)

provide for consideration of all modes of transportation; and

(B)

be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation needs to be addressed.

(4)

Tiering

(A)

Tier I MPOs

(i)

In general

A metropolitan planning organization shall be designated as a tier I MPO if—

(I)

as certified by the Governor of each applicable State, the metropolitan planning organization operates within, and primarily serves, a metropolitan planning area with a population of 1,000,000 or more individuals, as calculated according to the most recent decennial census; and

(II)

the Secretary determines the metropolitan planning organization—

(aa)

meets the minimum technical requirements under clause (iv); and

(bb)

not later than 2 years after the date of enactment of the MAP–21, will fully implement the processes described in subsections (h) though (j).

(ii)

Absence of designation

In the absence of designation as a tier I MPO under clause (i), a metropolitan planning organization shall operate as a tier II MPO until the date on which the Secretary determines the metropolitan planning organization can meet the minimum technical requirements under clause (iv).

(iii)

Redesignation as tier I

A metropolitan planning organization operating within a metropolitan planning area with a population of 200,000 or more and fewer than 1,000,000 individuals and primarily within urbanized areas with populations of 200,000 or more individuals, as calculated according to the most recent decennial census, that is designated as a tier II MPO under subparagraph (B) may request, with the support of the applicable Governor, a redesignation as a tier I MPO on a determination by the Secretary that the metropolitan planning organization has met the minimum technical requirements under clause (iv).

(iv)

Minimum technical requirements

Not later than 1 year after the date of enactment of the MAP–21, the Secretary shall issue a rule that establishes the minimum technical requirements necessary for a metropolitan planning organization to be designated as a tier I MPO, including, at a minimum, modeling, data, staffing, and other technical requirements.

(B)

Tier II MPOs

(i)

In general

Not later than 1 year after the date of enactment of the MAP–21, the Secretary shall issue a rule that establishes minimum requirements necessary for a metropolitan planning organization to be designated as a tier II MPO.

(ii)

Requirements

The minimum requirements established under clause (i) shall—

(I)

be limited to ensuring that each metropolitan planning organization has the capabilities necessary to develop the metropolitan transportation plan and transportation improvement program under this section; and

(II)

include—

(aa)

only the staffing capabilities necessary to operate the metropolitan planning organization; and

(bb)

a requirement that the metropolitan planning organization has the technical capacity to conduct the travel demand model and forecasting necessary, as appropriate based on the size and resources of the metropolitan planning organization, to fulfill the requirements of this section, except that in cases in which a metropolitan planning organization has a formal agreement with a State to conduct the modeling on behalf of the metropolitan planning organization, the metropolitan planning organization shall be exempt from the technical capacity requirement.

(iii)

Limitation

The rule issued pursuant to this subparagraph shall only include the minimum requirements established under clause (ii).

(iv)

Inclusion

A metropolitan planning organization operating primarily within an urbanized area with a population of 200,000 or more individuals, as calculated according to the most recent decennial census, and that does not qualify as a tier I MPO under subparagraph (A)(i), shall—

(I)

be designated as a tier II MPO; and

(II)

follow the processes under subsection (k).

(C)

Consolidation

(i)

In general

Metropolitan planning organizations operating within contiguous, adjacent, or geographically linked urbanized areas may elect to consolidate in order to meet the population thresholds required to achieve designation as a tier I or tier II MPO under this paragraph.

(ii)

Effect of subsection

Nothing in this subsection requires or prevents consolidation among multiple metropolitan planning organizations located within a single urbanized area.

(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)

Coordination along designated transportation corridors

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 designated transportation corridor.

(3)

Coordination with interstate compacts

The Secretary shall encourage metropolitan planning organizations to take into consideration, during the development of metropolitan transportation plans and transportation improvement programs, any relevant transportation studies concerning planning for regional transportation (including high-speed and intercity rail corridor studies, commuter rail corridor studies, intermodal terminals, and interstate highways) in support of freight, intercity, or multistate area projects and services that have been developed pursuant to interstate compacts or agreements, or by organizations established under section 135.

(g)

Engagement in metropolitan transportation plan and TIP development

(1)

Nonattainment and maintenance areas

If more than 1 metropolitan planning organization has authority within a metropolitan area, nonattainment area, or maintenance area, each metropolitan planning organization shall consult with all other metropolitan planning organizations designated for the metropolitan area, nonattainment area, or maintenance area and the State in the development of metropolitan transportation plans and transportation improvement programs under this section.

(2)

Transportation improvements located in multiple metropolitan planning areas

If a transportation improvement project funded under this title or chapter 53 of title 49 is located within the boundaries of more than 1 metropolitan planning area, the affected metropolitan planning organizations shall coordinate metropolitan transportation plans and transportation improvement programs regarding the project.

(3)

Coordination of adjacent planning organizations

(A)

In general

A metropolitan planning organization that is adjacent or located in reasonably close proximity to another metropolitan planning organization shall coordinate with that metropolitan planning organization with respect to planning processes, including preparation of metropolitan transportation plans and transportation improvement programs, to the maximum extent practicable.

(B)

Nonmetropolitan planning organizations

A metropolitan planning organization that is adjacent or located in reasonably close proximity to a nonmetropolitan planning organization shall consult with that nonmetropolitan planning organization with respect to planning processes, to the maximum extent practicable.

(4)

Relationship with other planning officials

(A)

In general

The Secretary shall encourage each metropolitan planning organization to cooperate with Federal, tribal, State, and local officers and entities responsible for other types of planning activities that are affected by transportation in the relevant area (including planned growth, economic development, infrastructure services, housing, other public services, nonmotorized users, environmental protection, airport operations, high-speed and intercity passenger rail, freight rail, port access, and freight movements), to the maximum extent practicable, to ensure that the metropolitan transportation planning process, metropolitan transportation plans, and transportation improvement programs are developed in cooperation with other related planning activities in the area.

(B)

Inclusion

Cooperation under subparagraph (A) shall include the design and delivery of transportation services within the metropolitan area that are provided by—

(i)

recipients of assistance under sections 202, 203, and 204;

(ii)

recipients of assistance under chapter 53 of title 49;

(iii)

government 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

(iv)

sponsors of regionally significant programs, projects, and services that are related to transportation and receive assistance from any public or private source.

(5)

Coordination of other federally required planning programs

The Secretary shall encourage each metropolitan planning organization to coordinate, to the maximum extent practicable, the development of metropolitan transportation plans and transportation improvement programs with other relevant federally required planning programs.

(h)

Scope of planning process

(1)

In general

The metropolitan transportation 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, travel and tourism (where applicable), 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 individuals 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, for individuals and freight;

(G)

increase 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 sections 119(f), 148(h), 149(k), where applicable, and 167(i) to use in tracking 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

Each metropolitan planning organization shall adopt the performance targets identified by providers of public transportation pursuant to sections 5326(c) and 5329(d) of title 49, for use in tracking attainment of critical outcomes for the region of the metropolitan planning organization.

(C)

Timing

Each metropolitan planning organization shall establish the performance targets under subparagraph (B) not later than 90 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 plans and processes, as well as asset management and safety plans developed by providers of public transportation, required as part of a performance-based program, including plans such as—

(i)

the State National Highway System asset management plan;

(ii)

asset management plans developed by providers of public transportation;

(iii)

the State strategic highway safety plan;

(iv)

safety plans developed by providers of public transportation;

(v)

the congestion mitigation and air quality performance plan, where applicable;

(vi)

the national freight strategic plan; and

(vii)

the statewide transportation plan.

(E)

Use of performance measures and targets

The performance measures and targets established under this paragraph shall be used, at a minimum, by the relevant metropolitan planning organization as the basis for development of policies, programs, and investment priorities reflected in the metropolitan transportation plan and transportation improvement program.

(3)

Failure to consider factors

The failure to take into consideration 1 or more of 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 metropolitan transportation plan, a transportation improvement program, a project or strategy, or the certification of a planning process.

(4)

Participation by interested parties

(A)

In general

Each metropolitan planning organization shall provide to affected individuals, public agencies, and other interested parties (including State representatives of nonmotorized users) notice and a reasonable opportunity to comment on the metropolitan transportation plan and transportation improvement program and any relevant scenarios.

(B)

Contents of participation plan

Each metropolitan planning organization shall establish a participation plan that—

(i)

is developed in consultation with interested parties and local officials; and

(ii)

provides that interested parties and local officials shall have reasonable opportunities to comment on the contents of the metropolitan transportation plan of the metropolitan planning organization.

(C)

Methods

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

(i)

develop the metropolitan transportation plan and transportation improvement program in consultation with interested parties, as appropriate, including by the formation of advisory groups representative of the community and interested parties (including State representatives of nonmotorized users) that participate in the development of the metropolitan transportation plan and transportation improvement program;

(ii)

hold any public meetings at times and locations that are, as applicable—

(I)

convenient; and

(II)

in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

(iii)

employ visualization techniques to describe metropolitan transportation plans and transportation improvement programs; and

(iv)

make public information available in appropriate electronically accessible formats and means, such as the Internet, to afford reasonable opportunity for consideration of public information under subparagraph (A).

(i)

Development of metropolitan transportation plan

(1)

Development

(A)

In general

Except as provided in subparagraph (B), not later than 5 years after the date of enactment of the MAP–21, and not less frequently than once every 5 years thereafter, each metropolitan planning organization shall prepare and update, respectively, a metropolitan transportation plan for the relevant metropolitan planning area in accordance with this section.

(B)

Exceptions

A metropolitan planning organization shall prepare or update, as appropriate, the metropolitan transportation plan not less frequently than once every 4 years if the metropolitan planning organization is operating within—

(i)

a nonattainment area; or

(ii)

a maintenance area.

(2)

Other requirements

A metropolitan transportation plan under this section shall—

(A)

be in a form that the Secretary determines to be appropriate;

(B)

have a term of not less than 20 years; and

(C)

contain, at a minimum—

(i)

an identification of the existing transportation infrastructure, including highways, local streets and roads, bicycle and pedestrian facilities, public transportation facilities and services, commuter rail facilities and services, high-speed and intercity passenger rail facilities and services, freight facilities (including freight railroad and port facilities), multimodal and intermodal facilities, and intermodal connectors that, evaluated in the aggregate, function as an integrated metropolitan transportation system;

(ii)

a description of the performance measures and performance targets used in assessing the existing and future performance of the transportation system in accordance with subsection (h)(2);

(iii)

a description of the current and projected future usage of the transportation system, including a projection based on a preferred scenario, and further including, to the extent practicable, an identification of existing or planned transportation rights-of-way, corridors, facilities, and related real properties;

(iv)

a system performance report evaluating the existing and future condition and performance of the transportation system with respect to the performance targets described in subsection (h)(2) and updates in subsequent system performance reports, including—

(I)

progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports;

(II)

an accounting of the performance of the metropolitan planning organization on outlay of obligated project funds and delivery of projects that have reached substantial completion in relation to—

(aa)

the projects included in the transportation improvement program; and

(bb)

the projects that have been removed from the previous transportation improvement program; and

(III)

when appropriate, an analysis of how the preferred scenario has improved the conditions and performance of the transportation system and how changes in local policies, investments, and growth have impacted the costs necessary to achieve the identified performance targets;

(v)

recommended strategies and investments for improving system performance over the planning horizon, including transportation systems management and operations strategies, maintenance strategies, demand management strategies, asset management strategies, capacity and enhancement investments, State and local economic development and land use improvements, intelligent transportation systems deployment, and technology adoption strategies, as determined by the projected support of the performance targets described in subsection (h)(2);

(vi)

recommended strategies and investments to improve and integrate disability-related access to transportation infrastructure, including strategies and investments based on a preferred scenario, when appropriate;

(vii)

investment priorities for using projected available and proposed revenues over the short- and long-term stages of the planning horizon, in accordance with the financial plan required under paragraph (4);

(viii)

a description of interstate compacts entered into in order to promote coordinated transportation planning in multistate areas, if applicable;

(ix)

an optional illustrative list of projects containing investments that—

(I)

are not included in the metropolitan transportation plan; but

(II)

would be so included if resources in addition to the resources identified in the financial plan under paragraph (4) were available;

(x)

a discussion (developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies) of types of potential environmental and stormwater mitigation activities and potential areas to carry out those activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the metropolitan transportation plan; and

(xi)

recommended strategies and investments, including those developed by the State as part of interstate compacts, agreements, or organizations, that support intercity transportation.

(3)

Scenario development

(A)

In general

When preparing the metropolitan transportation plan, the metropolitan planning organization may, while fitting the needs and complexity of its community, develop multiple scenarios for consideration as a part of the development of the metropolitan transportation plan, in accordance with subparagraph (B).

(B)

Components of scenarios

The scenarios—

(i)

shall include potential regional investment strategies for the planning horizon;

(ii)

shall include assumed distribution of population and employment;

(iii)

may include a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2);

(iv)

may include a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible;

(v)

shall be revenue constrained based on the total revenues expected to be available over the forecast period of the plan; and

(vi)

may include estimated costs and potential revenues available to support each scenario.

(C)

Metrics

In addition to the performance measures identified in subsection (h)(2), scenarios developed under this paragraph may be evaluated using locally-developed metrics for the following categories:

(i)

Congestion and mobility, including transportation use by mode.

(ii)

Freight movement.

(iii)

Safety.

(iv)

Efficiency and costs to taxpayers.

(4)

Financial plan

A financial plan referred to in paragraph (2)(C)(vii) shall—

(A)

be prepared by each metropolitan planning organization to support the metropolitan transportation plan; and

(B)

contain a description of each of the following:

(i)

Projected resource requirements for implementing projects, strategies, and services recommended in the metropolitan transportation plan, including existing and projected system operating and maintenance needs, proposed enhancement and expansions to the system, projected available revenue from Federal, State, local, and private sources, and innovative financing techniques to finance projects and programs.

(ii)

The projected difference between costs and revenues, and strategies for securing additional new revenue (such as by capture of some of the economic value created by any new investment).

(iii)

Estimates of future funds, to be developed cooperatively by the metropolitan planning organization, any public transportation agency, and the State, that are reasonably expected to be available to support the investment priorities recommended in the metropolitan transportation plan.

(iv)

Each applicable 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.

(5)

Coordination with Clean Air Act agencies

The metropolitan planning organization for any metropolitan area that is a nonattainment area or maintenance area 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 the Clean Air Act (42 U.S.C. 7401 et seq.).

(6)

Publication

On approval by the relevant metropolitan planning organization, a metropolitan transportation plan involving Federal participation shall be, at such times and in such manner as the Secretary shall require—

(A)

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 Internet; and

(B)

submitted for informational purposes to the applicable Governor.

(7)

Consultation

(A)

In general

In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with Federal, tribal, State, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of a metropolitan transportation plan.

(B)

Issues

The consultation under subparagraph (A) shall involve, as available, consideration of—

(i)

metropolitan transportation plans with Federal, tribal, State, and local conservation plans or maps; and

(ii)

inventories of natural or historic resources.

(8)

Selection of projects from illustrative list

Notwithstanding paragraph (4), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the metropolitan transportation plan under paragraph (2)(C)(ix).

(j)

Transportation improvement program

(1)

Development

(A)

In general

In cooperation with the applicable State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a transportation improvement program 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, will make significant progress toward achieving the performance targets established under subsection (h)(2).

(B)

Opportunity for participation

In developing the transportation improvement program, 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 accordance with subsection (h)(4).

(C)

Updating and approval

The transportation improvement program shall be—

(i)

updated not less frequently than once every 4 years, on a cycle compatible with the development of the relevant statewide transportation improvement program under section 135; and

(ii)

approved by the applicable Governor.

(2)

Contents

(A)

Priority list

The transportation improvement program shall include a priority list of proposed federally supported projects and strategies to be carried out during the 4-year period beginning on the date of adoption of the transportation improvement program, and each 4-year period thereafter, using existing and reasonably available revenues in accordance with the financial plan under paragraph (3).

(B)

Descriptions

Each project described in the transportation improvement program 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 and the effect that the project or project phase will have in addressing the targets described in subsection (h)(2).

(C)

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 on attainment of the performance targets established in the metropolitan transportation plan, linking investment priorities to those performance targets.

(D)

Illustrative list of projects

In developing a transportation improvement program, an optional illustrative list of projects may be prepared containing additional investment priorities that—

(i)

are not included in the transportation improvement program; but

(ii)

would be so included if resources in addition to the resources identified in the financial plan under paragraph (3) were available.

(3)

Financial plan

A financial plan referred to in paragraph (2)(D)(ii) shall—

(A)

be prepared by each metropolitan planning organization to support the transportation improvement program; and

(B)

contain