H.R. 22 (114th): FAST Act

The text of the bill below is as of Dec 30, 2015 (Passed Congress/Enrolled Bill).

Source: GPO

I

One Hundred Fourteenth Congress of the United States of America

At the First Session

H. R. 22

AN ACT

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

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Fixing America’s Surface Transportation Act or the FAST Act.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Division A—Surface Transportation

Sec. 1001. Definitions.

Sec. 1002. Reconciliation of funds.

Sec. 1003. Effective date.

Sec. 1004. References.

Title I—Federal-Aid Highways

Subtitle A—Authorizations and Programs

Sec. 1101. Authorization of appropriations.

Sec. 1102. Obligation ceiling.

Sec. 1103. Definitions.

Sec. 1104. Apportionment.

Sec. 1105. Nationally significant freight and highway projects.

Sec. 1106. National highway performance program.

Sec. 1107. Emergency relief for federally owned roads.

Sec. 1108. Railway-highway grade crossings.

Sec. 1109. Surface transportation block grant program.

Sec. 1110. Highway use tax evasion projects.

Sec. 1111. Bundling of bridge projects.

Sec. 1112. Construction of ferry boats and ferry terminal facilities.

Sec. 1113. Highway safety improvement program.

Sec. 1114. Congestion mitigation and air quality improvement program.

Sec. 1115. Territorial and Puerto Rico highway program.

Sec. 1116. National highway freight program.

Sec. 1117. Federal lands and tribal transportation programs.

Sec. 1118. Tribal transportation program amendment.

Sec. 1119. Federal lands transportation program.

Sec. 1120. Federal lands programmatic activities.

Sec. 1121. Tribal transportation self-governance program.

Sec. 1122. State flexibility for National Highway System modifications.

Sec. 1123. Nationally significant Federal lands and tribal projects program.

Subtitle B—Planning and Performance Management

Sec. 1201. Metropolitan transportation planning.

Sec. 1202. Statewide and nonmetropolitan transportation planning.

Subtitle C—Acceleration of project delivery

Sec. 1301. Satisfaction of requirements for certain historic sites.

Sec. 1302. Clarification of transportation environmental authorities.

Sec. 1303. Treatment of certain bridges under preservation requirements.

Sec. 1304. Efficient environmental reviews for project decisionmaking.

Sec. 1305. Integration of planning and environmental review.

Sec. 1306. Development of programmatic mitigation plans.

Sec. 1307. Technical assistance for States.

Sec. 1308. Surface transportation project delivery program.

Sec. 1309. Program for eliminating duplication of environmental reviews.

Sec. 1310. Application of categorical exclusions for multimodal projects.

Sec. 1311. Accelerated decisionmaking in environmental reviews.

Sec. 1312. Improving State and Federal agency engagement in environmental reviews.

Sec. 1313. Aligning Federal environmental reviews.

Sec. 1314. Categorical exclusion for projects of limited Federal assistance.

Sec. 1315. Programmatic agreement template.

Sec. 1316. Assumption of authorities.

Sec. 1317. Modernization of the environmental review process.

Sec. 1318. Assessment of progress on accelerating project delivery.

Subtitle D—Miscellaneous

Sec. 1401. Prohibition on the use of funds for automated traffic enforcement.

Sec. 1402. Highway Trust Fund transparency and accountability.

Sec. 1403. Additional deposits into Highway Trust Fund.

Sec. 1404. Design standards.

Sec. 1405. Justification reports for access points on the Interstate System.

Sec. 1406. Performance period adjustment.

Sec. 1407. Vehicle-to-infrastructure equipment.

Sec. 1408. Federal share payable.

Sec. 1409. Milk products.

Sec. 1410. Interstate weight limits.

Sec. 1411. Tolling; HOV facilities; Interstate reconstruction and rehabilitation.

Sec. 1412. Projects for public safety relating to idling trains.

Sec. 1413. National electric vehicle charging and hydrogen, propane, and natural gas fueling corridors.

Sec. 1414. Repeat offender criteria.

Sec. 1415. Administrative provisions to encourage pollinator habitat and forage on transportation rights-of-way.

Sec. 1416. High priority corridors on National Highway System.

Sec. 1417. Work zone and guard rail safety training.

Sec. 1418. Consolidation of programs.

Sec. 1419. Elimination or modification of certain reporting requirements.

Sec. 1420. Flexibility for projects.

Sec. 1421. Productive and timely expenditure of funds.

Sec. 1422. Study on performance of bridges.

Sec. 1423. Relinquishment of park-and-ride lot facilities.

Sec. 1424. Pilot program.

Sec. 1425. Service club, charitable association, or religious service signs.

Sec. 1426. Motorcyclist advisory council.

Sec. 1427. Highway work zones.

Sec. 1428. Use of durable, resilient, and sustainable materials and practices.

Sec. 1429. Identification of roadside highway safety hardware devices.

Sec. 1430. Use of modeling and simulation technology.

Sec. 1431. National Advisory Committee on Travel and Tourism Infrastructure.

Sec. 1432. Emergency exemptions.

Sec. 1433. Report on Highway Trust Fund administrative expenditures.

Sec. 1434. Availability of reports.

Sec. 1435. Appalachian development highway system.

Sec. 1436. Appalachian regional development program.

Sec. 1437. Border State infrastructure.

Sec. 1438. Adjustments.

Sec. 1439. Elimination of barriers to improve at-risk bridges.

Sec. 1440. At-risk project preagreement authority.

Sec. 1441. Regional infrastructure accelerator demonstration program.

Sec. 1442. Safety for users.

Sec. 1443. Sense of Congress.

Sec. 1444. Every Day Counts initiative.

Sec. 1445. Water infrastructure finance and innovation.

Sec. 1446. Technical corrections.

Title II—Innovative Project Finance

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

Sec. 2002. Availability payment concession model.

Title III—Public Transportation

Sec. 3001. Short title.

Sec. 3002. Definitions.

Sec. 3003. Metropolitan and statewide transportation planning.

Sec. 3004. Urbanized area formula grants.

Sec. 3005. Fixed guideway capital investment grants.

Sec. 3006. Enhanced mobility of seniors and individuals with disabilities.

Sec. 3007. Formula grants for rural areas.

Sec. 3008. Public transportation innovation.

Sec. 3009. Technical assistance and workforce development.

Sec. 3010. Private sector participation.

Sec. 3011. General provisions.

Sec. 3012. Project management oversight.

Sec. 3013. Public transportation safety program.

Sec. 3014. Apportionments.

Sec. 3015. State of good repair grants.

Sec. 3016. Authorizations.

Sec. 3017. Grants for buses and bus facilities.

Sec. 3018. Obligation ceiling.

Sec. 3019. Innovative procurement.

Sec. 3020. Review of public transportation safety standards.

Sec. 3021. Study on evidentiary protection for public transportation safety program information.

Sec. 3022. Improved public transportation safety measures.

Sec. 3023. Paratransit system under FTA approved coordinated plan.

Sec. 3024. Report on potential of Internet of Things.

Sec. 3025. Report on parking safety.

Sec. 3026. Appointment of directors of Washington Metropolitan Area Transit Authority.

Sec. 3027. Effectiveness of public transportation changes and funding.

Sec. 3028. Authorization of grants for positive train control.

Sec. 3029. Amendment to title 5.

Sec. 3030. Technical and conforming changes.

Title IV—Highway traffic safety

Sec. 4001. Authorization of appropriations.

Sec. 4002. Highway safety programs.

Sec. 4003. Highway safety research and development.

Sec. 4004. High-visibility enforcement program.

Sec. 4005. National priority safety programs.

Sec. 4006. Tracking process.

Sec. 4007. Stop motorcycle checkpoint funding.

Sec. 4008. Marijuana-impaired driving.

Sec. 4009. Increasing public awareness of the dangers of drug-impaired driving.

Sec. 4010. National priority safety program grant eligibility.

Sec. 4011. Data collection.

Sec. 4012. Study on the national roadside survey of alcohol and drug use by drivers.

Sec. 4013. Barriers to data collection report.

Sec. 4014. Technical corrections.

Sec. 4015. Effective date for certain programs.

Title V—Motor Carrier Safety

Subtitle A—Motor Carrier Safety Grant Consolidation

Sec. 5101. Grants to States.

Sec. 5102. Performance and registration information systems management.

Sec. 5103. Authorization of appropriations.

Sec. 5104. Commercial driver's license program implementation.

Sec. 5105. Extension of Federal motor carrier safety programs for fiscal year 2016.

Sec. 5106. Motor carrier safety assistance program allocation.

Sec. 5107. Maintenance of effort calculation.

Subtitle B—Federal Motor Carrier Safety Administration Reform

Part I—Regulatory Reform

Sec. 5201. Notice of cancellation of insurance.

Sec. 5202. Regulations.

Sec. 5203. Guidance.

Sec. 5204. Petitions.

Sec. 5205. Inspector standards.

Sec. 5206. Applications.

Part II—Compliance, Safety, Accountability Reform

Sec. 5221. Correlation study.

Sec. 5222. Beyond compliance.

Sec. 5223. Data certification.

Sec. 5224. Data improvement.

Sec. 5225. Accident review.

Subtitle C—Commercial Motor Vehicle Safety

Sec. 5301. Windshield technology.

Sec. 5302. Prioritizing statutory rulemakings.

Sec. 5303. Safety reporting system.

Sec. 5304. New entrant safety review program.

Sec. 5305. High risk carrier reviews.

Sec. 5306. Post-accident report review.

Sec. 5307. Implementing safety requirements.

Subtitle D—Commercial Motor Vehicle Drivers

Sec. 5401. Opportunities for veterans.

Sec. 5402. Drug-free commercial drivers.

Sec. 5403. Medical certification of veterans for commercial driver’s licenses.

Sec. 5404. Commercial driver pilot program.

Subtitle E—General Provisions

Sec. 5501. Delays in goods movement.

Sec. 5502. Emergency route working group.

Sec. 5503. Household goods consumer protection working group.

Sec. 5504. Technology improvements.

Sec. 5505. Notification regarding motor carrier registration.

Sec. 5506. Report on commercial driver’s license skills test delays.

Sec. 5507. Electronic logging device requirements.

Sec. 5508. Technical corrections.

Sec. 5509. Minimum financial responsibility.

Sec. 5510. Safety study regarding double-decker motorcoaches.

Sec. 5511. GAO review of school bus safety.

Sec. 5512. Access to National Driver Register.

Sec. 5513. Report on design and implementation of wireless roadside inspection systems.

Sec. 5514. Regulation of tow truck operations.

Sec. 5515. Study on commercial motor vehicle driver commuting.

Sec. 5516. Additional State authority.

Sec. 5517. Report on motor carrier financial responsibility.

Sec. 5518. Covered farm vehicles.

Sec. 5519. Operators of hi-rail vehicles.

Sec. 5520. Automobile transporter.

Sec. 5521. Ready mix concrete delivery vehicles.

Sec. 5522. Transportation of construction materials and equipment.

Sec. 5523. Commercial delivery of light- and medium-duty trailers.

Sec. 5524. Exemptions from requirements for certain welding trucks used in pipeline industry.

Sec. 5525. Report.

Title VI—Innovation

Sec. 6001. Short title.

Sec. 6002. Authorization of appropriations.

Sec. 6003. Technology and innovation deployment program.

Sec. 6004. Advanced transportation and congestion management technologies deployment.

Sec. 6005. Intelligent transportation system goals.

Sec. 6006. Intelligent transportation system purposes.

Sec. 6007. Intelligent transportation system program report.

Sec. 6008. Intelligent transportation system national architecture and standards.

Sec. 6009. Communication systems deployment report.

Sec. 6010. Infrastructure development.

Sec. 6011. Departmental research programs.

Sec. 6012. Research and Innovative Technology Administration.

Sec. 6013. Web-based training for emergency responders.

Sec. 6014. Hazardous materials research and development.

Sec. 6015. Office of Intermodalism.

Sec. 6016. University transportation centers.

Sec. 6017. Bureau of Transportation Statistics.

Sec. 6018. Port performance freight statistics program.

Sec. 6019. Research planning.

Sec. 6020. Surface transportation system funding alternatives.

Sec. 6021. Future interstate study.

Sec. 6022. Highway efficiency.

Sec. 6023. Transportation technology policy working group.

Sec. 6024. Collaboration and support.

Sec. 6025. GAO report.

Sec. 6026. Traffic congestion.

Sec. 6027. Smart cities transportation planning study.

Sec. 6028. Performance management data support program.

Title VII—Hazardous Materials Transportation

Sec. 7001. Short title.

Subtitle A—Authorizations

Sec. 7101. Authorization of appropriations.

Subtitle B—Hazardous material safety and improvement

Sec. 7201. National emergency and disaster response.

Sec. 7202. Motor carrier safety permits.

Sec. 7203. Improving the effectiveness of planning and training grants.

Sec. 7204. Improving publication of special permits and approvals.

Sec. 7205. Enhanced reporting.

Sec. 7206. Wetlines.

Sec. 7207. GAO study on acceptance of classification examinations.

Sec. 7208. Hazardous materials endorsement exemption.

Subtitle C—Safe transportation of flammable liquids by rail

Sec. 7301. Community safety grants.

Sec. 7302. Real-time emergency response information.

Sec. 7303. Emergency response.

Sec. 7304. Phase-out of all tank cars used to transport Class 3 flammable liquids.

Sec. 7305. Thermal blankets.

Sec. 7306. Minimum requirements for top fittings protection for class DOT–117R tank cars.

Sec. 7307. Rulemaking on oil spill response plans.

Sec. 7308. Modification reporting.

Sec. 7309. Report on crude oil characteristics research study.

Sec. 7310. Hazardous materials by rail liability study.

Sec. 7311. Study and testing of electronically controlled pneumatic brakes.

Title VIII—Multimodal Freight Transportation

Sec. 8001. Multimodal freight transportation.

Title IX—National Surface Transportation and Innovative Finance Bureau

Sec. 9001. National Surface Transportation and Innovative Finance Bureau.

Sec. 9002. Council on Credit and Finance.

Title X—Sport Fish Restoration and Recreational Boating Safety

Sec. 10001. Allocations.

Sec. 10002. Recreational boating safety.

Title XI—Rail

Sec. 11001. Short title.

Subtitle A—Authorizations

Sec. 11101. Authorization of grants to Amtrak.

Sec. 11102. Consolidated rail infrastructure and safety improvements.

Sec. 11103. Federal-State partnership for state of good repair.

Sec. 11104. Restoration and enhancement grants.

Sec. 11105. Authorization of appropriations for Amtrak Office of Inspector General.

Sec. 11106. Definitions.

Subtitle B—Amtrak reforms

Sec. 11201. Accounts.

Sec. 11202. Amtrak grant process.

Sec. 11203. 5-year business line and asset plans.

Sec. 11204. State-supported route committee.

Sec. 11205. Composition of Amtrak’s Board of Directors.

Sec. 11206. Route and service planning decisions.

Sec. 11207. Food and beverage reform.

Sec. 11208. Rolling stock purchases.

Sec. 11209. Local products and promotional events.

Sec. 11210. Amtrak pilot program for passengers transporting domesticated cats and dogs.

Sec. 11211. Right-of-way leveraging.

Sec. 11212. Station development.

Sec. 11213. Amtrak boarding procedures.

Sec. 11214. Amtrak debt.

Sec. 11215. Elimination of duplicative reporting.

Subtitle C—Intercity Passenger Rail Policy

Sec. 11301. Consolidated rail infrastructure and safety improvements.

Sec. 11302. Federal-State partnership for state of good repair.

Sec. 11303. Restoration and enhancement grants.

Sec. 11304. Gulf Coast rail service working group.

Sec. 11305. Northeast Corridor Commission.

Sec. 11306. Northeast corridor planning.

Sec. 11307. Competition.

Sec. 11308. Performance-based proposals.

Sec. 11309. Large capital project requirements.

Sec. 11310. Small business participation study.

Sec. 11311. Shared-use study.

Sec. 11312. Northeast Corridor through-ticketing and procurement efficiencies.

Sec. 11313. Data and analysis.

Sec. 11314. Amtrak Inspector General.

Sec. 11315. Miscellaneous provisions.

Sec. 11316. Technical and conforming amendments.

Subtitle D—Safety

Sec. 11401. Highway-rail grade crossing safety.

Sec. 11402. Private highway-rail grade crossings.

Sec. 11403. Study on use of locomotive horns at highway-rail grade crossings.

Sec. 11404. Positive train control at grade crossings effectiveness study.

Sec. 11405. Bridge inspection reports.

Sec. 11406. Speed limit action plans.

Sec. 11407. Alerters.

Sec. 11408. Signal protection.

Sec. 11409. Commuter rail track inspections.

Sec. 11410. Post-accident assessment.

Sec. 11411. Recording devices.

Sec. 11412. Railroad police officers.

Sec. 11413. Repair and replacement of damaged track inspection equipment.

Sec. 11414. Report on vertical track deflection.

Sec. 11415. Rail passenger liability.

Subtitle E—Project Delivery

Sec. 11501. Short title.

Sec. 11502. Treatment of improvements to rail and transit under preservation requirements.

Sec. 11503. Efficient environmental reviews.

Sec. 11504. Railroad rights-of-way.

Subtitle F—Financing

Sec. 11601. Short title; references.

Sec. 11602. Definitions.

Sec. 11603. Eligible applicants.

Sec. 11604. Eligible purposes.

Sec. 11605. Program administration.

Sec. 11606. Loan terms and repayment.

Sec. 11607. Credit risk premiums.

Sec. 11608. Master credit agreements.

Sec. 11609. Priorities and conditions.

Sec. 11610. Savings provisions.

Sec. 11611. Report on leveraging RRIF.

Division B—Comprehensive Transportation and Consumer Protection Act of 2015

Title XXIV—Motor Vehicle Safety

Subtitle A—Vehicle Safety

Sec. 24101. Authorization of appropriations.

Sec. 24102. Inspector general recommendations.

Sec. 24103. Improvements in availability of recall information.

Sec. 24104. Recall process.

Sec. 24105. Pilot grant program for state notification to consumers of motor vehicle recall status.

Sec. 24106. Recall obligations under bankruptcy.

Sec. 24107. Dealer requirement to check for open recall.

Sec. 24108. Extension of time period for remedy of tire defects.

Sec. 24109. Rental car safety.

Sec. 24110. Increase in civil penalties for violations of motor vehicle safety.

Sec. 24111. Electronic odometer disclosures.

Sec. 24112. Corporate responsibility for NHTSA reports.

Sec. 24113. Direct vehicle notification of recalls.

Sec. 24114. Unattended children warning.

Sec. 24115. Tire pressure monitoring system.

Sec. 24116. Information regarding components involved in recall.

Subtitle B—Research And Development And Vehicle Electronics

Sec. 24201. Report on operations of the council for vehicle electronics, vehicle software, and emerging technologies.

Sec. 24202. Cooperation with foreign governments.

Subtitle C—Miscellaneous Provisions

Part I—DRIVER PRIVACY ACT OF 2015

Sec. 24301. Short title.

Sec. 24302. Limitations on data retrieval from vehicle event data recorders.

Sec. 24303. Vehicle event data recorder study.

Part II—SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015

Sec. 24321. Short title.

Sec. 24322. Passenger motor vehicle information.

Part III—TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015

Sec. 24331. Short title.

Sec. 24332. Tire fuel efficiency minimum performance standards.

Sec. 24333. Tire registration by independent sellers.

Sec. 24334. Tire identification study and report.

Sec. 24335. Tire recall database.

Part IV—ALTERNATIVE FUEL VEHICLES

Sec. 24341. Regulatory parity for natural gas vehicles.

Part V—MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT

Sec. 24351. Short title.

Sec. 24352. Motor vehicle safety whistleblower incentives and protections.

Subtitle D—Additional Motor Vehicle Provisions

Sec. 24401. Required reporting of NHTSA agenda.

Sec. 24402. Application of remedies for defects and noncompliance.

Sec. 24403. Retention of safety records by manufacturers.

Sec. 24404. Nonapplication of prohibitions relating to noncomplying motor vehicles to vehicles used for testing or evaluation.

Sec. 24405. Treatment of low-volume manufacturers.

Sec. 24406. Motor vehicle safety guidelines.

Sec. 24407. Improvement of data collection on child occupants in vehicle crashes.

Division C—Finance

Title XXXI—Highway trust fund and related taxes

Subtitle A—Extension of trust fund expenditure authority and related taxes

Sec. 31101. Extension of Highway Trust Fund expenditure authority.

Sec. 31102. Extension of highway-related taxes.

Subtitle B—Additional transfers to Highway Trust Fund

Sec. 31201. Further additional transfers to trust fund.

Sec. 31202. Transfer to Highway Trust Fund of certain motor vehicle safety penalties.

Sec. 31203. Appropriation from Leaking Underground Storage Tank Trust Fund.

Title XXXII—Offsets

Subtitle A—Tax provisions

Sec. 32101. Revocation or denial of passport in case of certain unpaid taxes.

Sec. 32102. Reform of rules relating to qualified tax collection contracts.

Sec. 32103. Special compliance personnel program.

Sec. 32104. Repeal of modification of automatic extension of return due date for certain employee benefit plans.

Subtitle B—Fees and receipts

Sec. 32201. Adjustment for inflation of fees for certain customs services.

Sec. 32202. Limitation on surplus funds of Federal reserve banks.

Sec. 32203. Dividends of Federal reserve banks.

Sec. 32204. Strategic Petroleum Reserve drawdown and sale.

Sec. 32205. Repeal.

Subtitle C—Outlays

Sec. 32301. Interest on overpayment.

Subtitle D—Budgetary effects

Sec. 32401. Budgetary effects.

Division D—Miscellaneous

Title XLI—Federal Permitting Improvement

Sec. 41001. Definitions.

Sec. 41002. Federal Permitting Improvement Council.

Sec. 41003. Permitting process improvement.

Sec. 41004. Interstate compacts.

Sec. 41005. Coordination of required reviews.

Sec. 41006. Delegated State permitting programs.

Sec. 41007. Litigation, judicial review, and savings provision.

Sec. 41008. Reports.

Sec. 41009. Funding for governance, oversight, and processing of environmental reviews and permits.

Sec. 41010. Application.

Sec. 41011. GAO Report.

Sec. 41012. Savings provision.

Sec. 41013. Sunset.

Sec. 41014. Placement.

Title XLII—Additional provisions

Sec. 42001. GAO report on refunds to registered vendors of kerosene used in noncommercial aviation.

Title XLIII—Payments to certified States and Indian tribes

Sec. 43001. Payments from Abandoned Mine Reclamation Fund.

Division E—Export-Import Bank of the United States

Sec. 50001. Short title.

Title LI—Taxpayer protection provisions and increased accountability

Sec. 51001. Reduction in authorized amount of outstanding loans, guarantees, and insurance.

Sec. 51002. Increase in loss reserves.

Sec. 51003. Review of fraud controls.

Sec. 51004. Office of Ethics.

Sec. 51005. Chief Risk Officer.

Sec. 51006. Risk Management Committee.

Sec. 51007. Independent audit of bank portfolio.

Sec. 51008. Pilot program for reinsurance.

Title LII—Promotion of small business exports

Sec. 52001. Increase in small business lending requirements.

Sec. 52002. Report on programs for small- and medium-sized businesses.

Title LIII—Modernization of operations

Sec. 53001. Electronic payments and documents.

Sec. 53002. Reauthorization of information technology updating.

Title LIV—General provisions

Sec. 54001. Extension of authority.

Sec. 54002. Certain updated loan terms and amounts.

Title LV—Other matters

Sec. 55001. Prohibition on discrimination based on industry.

Sec. 55002. Negotiations to end export credit financing.

Sec. 55003. Study of financing for information and communications technology systems.

Division F—Energy Security

Sec. 61001. Emergency preparedness for energy supply disruptions.

Sec. 61002. Resolving environmental and grid reliability conflicts.

Sec. 61003. Critical electric infrastructure security.

Sec. 61004. Strategic Transformer Reserve.

Sec. 61005. Energy security valuation.

Division G—Financial Services

Title LXXI—Improving Access to Capital for Emerging Growth Companies

Sec. 71001. Filing requirement for public filing prior to public offering.

Sec. 71002. Grace period for change of status of emerging growth companies.

Sec. 71003. Simplified disclosure requirements for emerging growth companies.

Title LXXII—Disclosure Modernization and Simplification

Sec. 72001. Summary page for form 10–K.

Sec. 72002. Improvement of regulation S–K.

Sec. 72003. Study on modernization and simplification of regulation S–K.

Title LXXIII—Bullion and Collectible Coin Production Efficiency and Cost Savings

Sec. 73001. Technical corrections.

Sec. 73002. American Eagle Silver Bullion 30th Anniversary.

Title LXXIV—SBIC Advisers Relief

Sec. 74001. Advisers of SBICs and venture capital funds.

Sec. 74002. Advisers of SBICs and private funds.

Sec. 74003. Relationship to State law.

Title LXXV—Eliminate Privacy Notice Confusion

Sec. 75001. Exception to annual privacy notice requirement under the Gramm-Leach-Bliley Act.

Title LXXVI—Reforming Access for Investments in Startup Enterprises

Sec. 76001. Exempted transactions.

Title LXXVII—Preservation Enhancement and Savings Opportunity

Sec. 77001. Distributions and residual receipts.

Sec. 77002. Future refinancings.

Sec. 77003. Implementation.

Title LXXVIII—Tenant Income Verification Relief

Sec. 78001. Reviews of family incomes.

Title LXXIX—Housing Assistance Efficiency

Sec. 79001. Authority to administer rental assistance.

Sec. 79002. Reallocation of funds.

Title LXXX—Child Support Assistance

Sec. 80001. Requests for consumer reports by State or local child support enforcement agencies.

Title LXXXI—Private Investment in Housing

Sec. 81001. Budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units.

Title LXXXII—Capital Access for Small Community Financial Institutions

Sec. 82001. Privately insured credit unions authorized to become members of a Federal home loan bank.

Sec. 82002. GAO Report.

Title LXXXIII—Small Bank Exam Cycle Reform

Sec. 83001. Smaller institutions qualifying for 18-month examination cycle.

Title LXXXIV—Small Company Simple Registration

Sec. 84001. Forward incorporation by reference for Form S–1.

Title LXXXV—Holding Company Registration Threshold Equalization

Sec. 85001. Registration threshold for savings and loan holding companies.

Title LXXXVI—Repeal of indemnification requirements

Sec. 86001. Repeal.

Title LXXXVII—Treatment of debt or equity instruments of smaller institutions

Sec. 87001. Date for determining consolidated assets.

Title LXXXVIII—State licensing efficiency

Sec. 88001. Short title.

Sec. 88002. Background checks.

Title LXXXIX—Helping Expand Lending Practices in Rural Communities

Sec. 89001. Short title.

Sec. 89002. Designation of rural area.

Sec. 89003. Operations in rural areas.

A

Surface Transportation

1001.

Definitions

In this division, the following definitions apply:

(1)

Department

The term Department means the Department of Transportation.

(2)

Secretary

The term Secretary means the Secretary of Transportation.

1002.

Reconciliation of funds

The Secretary shall reduce the amount apportioned or allocated for a program, project, or activity under titles I and VI of this Act in fiscal year 2016 by amounts apportioned or allocated pursuant to any extension Act of MAP–21, including the amendments made by that extension Act, during the period beginning on October 1, 2015, and ending on the date of enactment of this Act. For purposes of making such reductions, funds set aside pursuant to section 133(h) of title 23, United States Code, as amended by this Act, shall be reduced by the amount set aside pursuant to section 213 of such title, as in effect on the day before the date of enactment of this Act.

1003.

Effective date

Except as otherwise provided, this division, including the amendments made by this division, takes effect on October 1, 2015.

1004.

References

Except as expressly provided otherwise, any reference to this Act contained in this division shall be treated as referring only to the provisions of this division.

I

Federal-Aid Highways

A

Authorizations and Programs

1101.

Authorization of appropriations

(a)

In general

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

(1)

Federal-aid highway program

For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant 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 highway freight program under section 167 of that title, and to carry out section 134 of that title—

(A)

$39,727,500,000 for fiscal year 2016;

(B)

$40,547,805,000 for fiscal year 2017;

(C)

$41,424,020,075 for fiscal year 2018;

(D)

$42,358,903,696 for fiscal year 2019; and

(E)

$43,373,294,311 for fiscal year 2020.

(2)

Transportation infrastructure finance and innovation program

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

(A)

$275,000,000 for fiscal year 2016;

(B)

$275,000,000 for fiscal year 2017;

(C)

$285,000,000 for fiscal year 2018;

(D)

$300,000,000 for fiscal year 2019; and

(E)

$300,000,000 for fiscal year 2020.

(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—

(i)

$465,000,000 for fiscal year 2016;

(ii)

$475,000,000 for fiscal year 2017;

(iii)

$485,000,000 for fiscal year 2018;

(iv)

$495,000,000 for fiscal year 2019; and

(v)

$505,000,000 for fiscal year 2020.

(B)

Federal lands transportation program

(i)

In general

For the Federal lands transportation program under section 203 of title 23, United States Code—

(I)

$335,000,000 for fiscal year 2016;

(II)

$345,000,000 for fiscal year 2017;

(III)

$355,000,000 for fiscal year 2018;

(IV)

$365,000,000 for fiscal year 2019; and

(V)

$375,000,000 for fiscal year 2020.

(ii)

Allocation

Of the amount made available for a fiscal year under clause (i)—

(I)

the amount for the National Park Service is—

(aa)

$268,000,000 for fiscal year 2016;

(bb)

$276,000,000 for fiscal year 2017;

(cc)

$284,000,000 for fiscal year 2018;

(dd)

$292,000,000 for fiscal year 2019; and

(ee)

$300,000,000 for fiscal year 2020.

(II)

the amount for the United States Fish and Wildlife Service is $30,000,000 for each of fiscal years 2016 through 2020; and

(III)

the amount for the United States Forest Service is—

(aa)

$15,000,000 for fiscal year 2016;

(bb)

$16,000,000 for fiscal year 2017;

(cc)

$17,000,000 for fiscal year 2018;

(dd)

$18,000,000 for fiscal year 2019; and

(ee)

$19,000,000 for fiscal year 2020.

(C)

Federal lands access program

For the Federal lands access program under section 204 of title 23, United States Code—

(i)

$250,000,000 for fiscal year 2016;

(ii)

$255,000,000 for fiscal year 2017;

(iii)

$260,000,000 for fiscal year 2018;

(iv)

$265,000,000 for fiscal year 2019; and

(v)

$270,000,000 for fiscal year 2020.

(4)

Territorial and Puerto Rico highway program

For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code, $200,000,000 for each of fiscal years 2016 through 2020.

(5)

Nationally significant freight and highway projects

For nationally significant freight and highway projects under section 117 of title 23, United States Code—

(A)

$800,000,000 for fiscal year 2016;

(B)

$850,000,000 for fiscal year 2017;

(C)

$900,000,000 for fiscal year 2018;

(D)

$950,000,000 for fiscal year 2019; and

(E)

$1,000,000,000 for fiscal year 2020.

(b)

Disadvantaged business enterprises

(1)

Findings

Congress finds that—

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(2)

Definitions

In this subsection, the following definitions apply:

(A)

Small business concern

(i)

In general

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

(ii)

Exclusions

The term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $23,980,000, as adjusted annually by the Secretary for inflation.

(B)

Socially and economically disadvantaged individuals

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

(3)

Amounts for small business concerns

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

(4)

Annual listing of disadvantaged business enterprises

Each State shall annually—

(A)

survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and

(B)

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

(i)

women;

(ii)

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

(iii)

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

(5)

Uniform certification

(A)

In general

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

(B)

Inclusions

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

(i)

on-site visits;

(ii)

personal interviews with personnel;

(iii)

issuance or inspection of licenses;

(iv)

analyses of stock ownership;

(v)

listings of equipment;

(vi)

analyses of bonding capacity;

(vii)

listings of work completed;

(viii)

examination of the resumes of principal owners;

(ix)

analyses of financial capacity; and

(x)

analyses of the type of work preferred.

(6)

Reporting

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

(A)

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

(B)

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

(7)

Compliance with court orders

Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles I, II, III, and VI 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 (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional.

(8)

Sense of Congress on prompt payment of DBE subcontractors

It is the sense of Congress that—

(A)

the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding federally funded transportation contracts under laws and regulations administered by the Secretary; and

(B)

such additional steps should include increasing the Department’s ability to track and keep records of complaints and to make that information publicly available.

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)

$42,361,000,000 for fiscal year 2016;

(2)

$43,266,100,000 for fiscal year 2017;

(3)

$44,234,212,000 for fiscal year 2018;

(4)

$45,268,596,000 for fiscal year 2019; and

(5)

$46,365,092,000 for fiscal year 2020.

(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 (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years);

(11)

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

(12)

section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years); and

(13)

section 119 of title 23, United States Code (but, for fiscal years 2016 through 2020, 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 2016 through 2020, 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 section 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 (12) 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)(13) 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)(13) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that—

(A)

amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; 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 2016 through 2020—

(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 MAP–21 (Public Law 112–141)) 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)

title VI 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 2016 through 2020, 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(b) of title 23, United States Code.

1103.

Definitions

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

(1)

by striking paragraph (29);

(2)

by redesignating paragraphs (15) through (28) as paragraphs (16) through (29), respectively; and

(3)

by inserting after paragraph (14) the following:

(15)

National Highway Freight Network

The term National Highway Freight Network means the National Highway Freight Network established under section 167.

.

1104.

Apportionment

(a)

Administrative expenses

Section 104(a)(1) of title 23, United States Code, is amended to read as follows:

(1)

In general

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

(A)

$453,000,000 for fiscal year 2016;

(B)

$459,795,000 for fiscal year 2017;

(C)

$466,691,925 for fiscal year 2018;

(D)

$473,692,304 for fiscal year 2019; and

(E)

$480,797,689 for fiscal year 2020.

.

(b)

Division among programs of State’s share of base apportionment

Section 104(b) of title 23, United States Code, is amended—

(1)

by striking (b) Division of and all that follows before paragraph (1) and inserting the following:

(b)

Division among programs of State’s share of base apportionment

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

;

(2)

in paragraphs (1), (2), and (3) by striking paragraphs (4) and (5) each place it appears and inserting paragraphs (4), (5), and (6);

(3)

in paragraph (2)—

(A)

in the paragraph heading by striking Surface transportation program and inserting Surface transportation block grant program; and

(B)

by striking surface transportation program and inserting surface transportation block grant program;

(4)

in paragraph (4), in the matter preceding subparagraph (A), by striking the amount determined for the State under subsection (c) and inserting the amount of the base apportionment remaining for the State under subsection (c) after making the set aside in accordance with paragraph (5);

(5)

by redesignating paragraph (5) as paragraph (6);

(6)

by inserting after paragraph (4) the following:

(5)

National highway freight program

(A)

In general

For the national highway freight program under section 167, the Secretary shall set aside from the base apportionment determined for a State under subsection (c) an amount determined for the State under subparagraphs (B) and (C).

(B)

Total amount

The total amount set aside for the national highway freight program for all States shall be—

(i)

$1,150,000,000 for fiscal year 2016;

(ii)

$1,100,000,000 for fiscal year 2017;

(iii)

$1,200,000,000 for fiscal year 2018;

(iv)

$1,350,000,000 for fiscal year 2019; and

(v)

$1,500,000,000 for fiscal year 2020.

(C)

State share

For each fiscal year, the Secretary shall distribute among the States the total set-aside amount for the national highway freight program under subparagraph (B) so that each State receives the amount equal to the proportion that—

(i)

the total base apportionment determined for the State under subsection (c); bears to

(ii)

the total base apportionments for all States under subsection (c).

(D)

Metropolitan planning

Of the amount set aside under this paragraph for a State, the Secretary shall use to carry out section 134 an amount determined by multiplying the set-aside amount by the proportion that—

(i)

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

(ii)

the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141; 126 Stat. 405).

; and

(7)

in paragraph (6) (as so redesignated), in the matter preceding subparagraph (A), by striking the amount determined for the State under subsection (c) and inserting the amount of the base apportionment remaining for a State under subsection (c) after making the set aside in accordance with paragraph (5).

(c)

Calculation of State amounts

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

(c)

Calculation of amounts

(1)

State share

For each of fiscal years 2016 through 2020, the amount for each State shall be determined as follows:

(A)

Initial amounts

The initial amounts for each State shall be determined by multiplying—

(i)

each of—

(I)

the base apportionment;

(II)

supplemental funds reserved under subsection (h)(1) for the national highway performance program; and

(III)

supplemental funds reserved under subsection (h)(2) for the surface transportation block grant program; by

(ii)

the share for each State, which shall be equal to the proportion that—

(I)

the amount of apportionments that the State received for fiscal year 2015; bears to

(II)

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

(B)

Adjustments to amounts

The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment equal to at least 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available.

(2)

State apportionment

On October 1 of fiscal years 2016 through 2020, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, and to carry out section 134 in accordance with paragraph (1).

.

(d)

Supplemental funds

Section 104 of title 23, United States Code, is amended by adding at the end the following:

(h)

Supplemental funds

(1)

Supplemental funds for national highway performance program

(A)

Amount

Before making an apportionment for a fiscal year under subsection (c), the Secretary shall reserve for the national highway performance program under section 119 for that fiscal year an amount equal to—

(i)

$53,596,122 for fiscal year 2019; and

(ii)

$66,717,816 for fiscal year 2020.

(B)

Treatment of funds

Funds reserved under subparagraph (A) and apportioned to a State under subsection (c) shall be treated as if apportioned under subsection (b)(1), and shall be in addition to amounts apportioned under that subsection.

(2)

Supplemental funds for surface transportation block grant program

(A)

Amount

Before making an apportionment for a fiscal year under subsection (c), the Secretary shall reserve for the surface transportation block grant program under section 133 for that fiscal year an amount equal to—

(i)

$835,000,000 for each of fiscal years 2016 and 2017 pursuant to section 133(h), plus—

(I)

$55,426,310 for fiscal year 2016; and

(II)

$89,289,904 for fiscal year 2017; and

(ii)

$850,000,000 for each of fiscal years 2018 through 2020 pursuant to section 133(h), plus—

(I)

$118,013,536 for fiscal year 2018;

(II)

$130,688,367 for fiscal year 2019; and

(III)

$170,053,448 for fiscal year 2020.

(B)

Treatment of funds

Funds reserved under subparagraph (A) and apportioned to a State under subsection (c) shall be treated as if apportioned under subsection (b)(2), and shall be in addition to amounts apportioned under that subsection.

(i)

Base apportionment defined

In this section, the term base apportionment means—

(1)

the combined amount authorized for appropriation for the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, and to carry out section 134; minus

(2)

supplemental funds reserved under subsection (h) for the national highway performance program and the surface transportation block grant program.

.

(e)

Conforming amendments

(1)

Section 104(d)(1)(A) of title 23, United States Code, is amended by striking subsection (b)(5) each place it appears and inserting paragraphs (5)(D) and (6) of subsection (b).

(2)

Section 120(c)(3) of title 23, United States Code, is amended—

(A)

in subparagraph (A) in the matter preceding clause (i), by striking or (5) and inserting (5)(D), or (6); and

(B)

in subparagraph (C)(i) by striking and (5) and inserting (5)(D), and (6).

(3)

Section 135(i) of title 23, United States Code, is amended by striking section 104(b)(5) and inserting paragraphs (5)(D) and (6) of section 104(b).

(4)

Section 136(b) of title 23, United States Code, is amended in the first sentence by striking paragraphs (1) through (5) of section 104(b) and inserting paragraphs (1) through (6) of section 104(b).

(5)

Section 141(b)(2) of title 23, United States Code, is amended by striking paragraphs (1) through (5) of section 104(b) and inserting paragraphs (1) through (6) of section 104(b).

(6)

Section 505(a) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking through (4) and inserting through (5).

1105.

Nationally significant freight and highway projects

(a)

In general

Title 23, United States Code, is amended by inserting after section 116 the following:

117.

Nationally significant freight and highway projects

(a)

Establishment

(1)

In general

There is established a nationally significant freight and highway projects program to provide financial assistance for projects of national or regional significance.

(2)

Goals

The goals of the program shall be to—

(A)

improve the safety, efficiency, and reliability of the movement of freight and people;

(B)

generate national or regional economic benefits and an increase in the global economic competitiveness of the United States;

(C)

reduce highway congestion and bottlenecks;

(D)

improve connectivity between modes of freight transportation;

(E)

enhance the resiliency of critical highway infrastructure and help protect the environment;

(F)

improve roadways vital to national energy security; and

(G)

address the impact of population growth on the movement of people and freight.

(b)

Grant authority

(1)

In general

In carrying out the program established in subsection (a), the Secretary may make grants, on a competitive basis, in accordance with this section.

(2)

Grant amount

Except as otherwise provided, each grant made under this section shall be in an amount that is at least $25,000,000.

(c)

Eligible applicants

(1)

In general

The Secretary may make a grant under this section to the following:

(A)

A State or a group of States.

(B)

A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals.

(C)

A unit of local government or a group of local governments.

(D)

A political subdivision of a State or local government.

(E)

A special purpose district or public authority with a transportation function, including a port authority.

(F)

A Federal land management agency that applies jointly with a State or group of States.

(G)

A tribal government or a consortium of tribal governments.

(H)

A multistate or multijurisdictional group of entities described in this paragraph.

(2)

Applications

To be eligible for a grant under this section, an entity specified in paragraph (1) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate.

(d)

Eligible projects

(1)

In general

Except as provided in subsection (e), the Secretary may make a grant under this section only for a project that—

(A)

is—

(i)

a highway freight project carried out on the National Highway Freight Network established under section 167;

(ii)

a highway or bridge project carried out on the National Highway System, including—

(I)

a project to add capacity to the Interstate System to improve mobility; or

(II)

a project in a national scenic area;

(iii)

a freight project that is—

(I)

a freight intermodal or freight rail project; or

(II)

within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility; or

(iv)

a railway-highway grade crossing or grade separation project; and

(B)

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

(i)

$100,000,000; or

(ii)

in the case of a project—

(I)

located in 1 State, 30 percent of the amount apportioned under this chapter to the State in the most recently completed fiscal year; or

(II)

located in more than 1 State, 50 percent of the amount apportioned under this chapter to the participating State with the largest apportionment under this chapter in the most recently completed fiscal year.

(2)

Limitation

(A)

In general

Not more than $500,000,000 of the amounts made available for grants under this section for fiscal years 2016 through 2020, in the aggregate, may be used to make grants for projects described in paragraph (1)(A)(iii) and such a project may only receive a grant under this section if—

(i)

the project will make a significant improvement to freight movements on the National Highway Freight Network; and

(ii)

the Federal share of the project funds only elements of the project that provide public benefits.

(B)

Exclusions

The limitation under subparagraph (A)—

(i)

shall not apply to a railway-highway grade crossing or grade separation project; and

(ii)

with respect to a multimodal project, shall apply only to the non-highway portion or portions of the project.

(e)

Small projects

(1)

In general

The Secretary shall reserve 10 percent of the amounts made available for grants under this section each fiscal year to make grants for projects described in subsection (d)(1)(A) that do not satisfy the minimum threshold under subsection (d)(1)(B).

(2)

Grant amount

Each grant made under this subsection shall be in an amount that is at least $5,000,000.

(3)

Project selection considerations

In addition to other applicable requirements, in making grants under this subsection the Secretary shall consider—

(A)

the cost effectiveness of the proposed project; and

(B)

the effect of the proposed project on mobility in the State and region in which the project is carried out.

(f)

Eligible project costs

Grant amounts received for a project under this section may be used for—

(1)

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

(2)

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

(g)

Project requirements

The Secretary may select a project described under this section (other than subsection (e)) for funding under this section only if the Secretary determines that—

(1)

the project will generate national or regional economic, mobility, or safety benefits;

(2)

the project will be cost effective;

(3)

the project will contribute to the accomplishment of 1 or more of the national goals described under section 150 of this title;

(4)

the project is based on the results of preliminary engineering;

(5)

with respect to related non-Federal financial commitments—

(A)

1 or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the project; and

(B)

contingency amounts are available to cover unanticipated cost increases;

(6)

the project cannot be easily and efficiently completed without other Federal funding or financial assistance available to the project sponsor; and

(7)

the project is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.

(h)

Additional considerations

In making a grant under this section, the Secretary shall consider—

(1)

utilization of nontraditional financing, innovative design and construction techniques, or innovative technologies;

(2)

utilization of non-Federal contributions; and

(3)

contributions to geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities.

(i)

Rural areas

(1)

In general

The Secretary shall reserve not less than 25 percent of the amounts made available for grants under this section, including the amounts made available under subsection (e), each fiscal year to make grants for projects located in rural areas.

(2)

Excess funding

In any fiscal year in which qualified applications for grants under this subsection will not allow for the amount reserved under paragraph (1) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under this section.

(3)

Rural area defined

In this subsection, the term rural area means an area that is outside an urbanized area with a population of over 200,000.

(j)

Federal share

(1)

In general

The Federal share of the cost of a project assisted with a grant under this section may not exceed 60 percent.

(2)

Maximum Federal involvement

Federal assistance other than a grant under this section may be used to satisfy the non-Federal share of the cost of a project for which such a grant is made, except that the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.

(3)

Federal land management agencies

Notwithstanding any other provision of law, any Federal funds other than those made available under this title or title 49 may be used to pay the non-Federal share of the cost of a project carried out under this section by a Federal land management agency, as described under subsection (c)(1)(F).

(k)

Treatment of freight projects

Notwithstanding any other provision of law, a freight project carried out under this section shall be treated as if the project is located on a Federal-aid highway.

(l)

TIFIA program

At the request of an eligible applicant under this section, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded.

(m)

Congressional notification

(1)

Notification

(A)

In general

At least 60 days before making a grant for a project under this section, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the proposed grant. The notification shall include an evaluation and justification for the project and the amount of the proposed grant award.

(B)

Multimodal projects

In addition to the notice required under subparagraph (A), the Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate before making a grant for a project described in subsection (d)(1)(A)(iii).

(2)

Congressional disapproval

The Secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1).

(n)

Reports

(1)

Annual report

The Secretary shall make available on the Web site of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under this section during that fiscal year.

(2)

Comptroller General

(A)

Assessment

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

(B)

Report

Not later than 1 year after the initial awarding of grants under this section, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—

(i)

the adequacy and fairness of the process by which each project was selected, if applicable; and

(ii)

the justification and criteria used for the selection of each project, if applicable.

.

(b)

Clerical amendment

The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 116 the following:

117. Nationally significant freight and highway projects.

.

(c)

Repeal

Section 1301 of SAFETEA–LU (23 U.S.C. 101 note), and the item relating to that section in the table of contents in section 1(b) of such Act, are repealed.

1106.

National highway performance program

Section 119 of title 23, United States Code, is amended by adding at the end the following:

(h)

TIFIA program

Upon Secretarial approval of credit assistance under chapter 6, the Secretary, at the request of a State, may allow the State to use funds apportioned under section 104(b)(1) to pay subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6 with respect to a project eligible for assistance under this section.

(i)

Additional funding eligibility for certain bridges

(1)

In general

Funds apportioned to a State to carry out the national highway performance program may be obligated for a project for the reconstruction, resurfacing, restoration, rehabilitation, or preservation of a bridge not on the National Highway System, if the bridge is on a Federal-aid highway.

(2)

Limitation

A State required to make obligations under subsection (f) shall ensure such requirements are satisfied in order to use the flexibility under paragraph (1).

(j)

Critical infrastructure

(1)

Critical infrastructure defined

In this subsection, the term critical infrastructure means those facilities the incapacity or failure of which would have a debilitating impact on national or regional economic security, national or regional energy security, national or regional public health or safety, or any combination of those matters.

(2)

Consideration

The asset management plan of a State may include consideration of critical infrastructure from among those facilities in the State that are eligible under subsection (c).

(3)

Risk reduction

A State may use funds apportioned under this section for projects intended to reduce the risk of failure of critical infrastructure in the State.

.

1107.

Emergency relief for federally owned roads

(a)

Eligibility

Section 125(d)(3) of title 23, United States Code, is amended—

(1)

in subparagraph (A) by striking or at the end;

(2)

in subparagraph (B) by striking the period at the end and inserting ; or; and

(3)

by adding at the end the following:

(C)

projects eligible for assistance under this section located on tribal transportation facilities, Federal lands transportation facilities, or other federally owned roads that are open to public travel (as defined in subsection (e)(1)).

.

(b)

Definitions

Section 125(e) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following:

(1)

Definitions

In this subsection, the following definitions apply:

(A)

Open to public travel

The term open to public travel means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road—

(i)

is maintained;

(ii)

is open to the general public; and

(iii)

can accommodate travel by a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration.

(B)

Standard passenger vehicle

The term standard passenger vehicle means a vehicle with 6 inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground.

.

1108.

Railway-highway grade crossings

Section 130(e)(1) of title 23, United States Code, is amended to read as follows:

(1)

In general

(A)

Set aside

Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, for the elimination of hazards and the installation of protective devices at railway-highway crossings at least—

(i)

$225,000,000 for fiscal year 2016;

(ii)

$230,000,000 for fiscal year 2017;

(iii)

$235,000,000 for fiscal year 2018;

(iv)

$240,000,000 for fiscal year 2019; and

(v)

$245,000,000 for fiscal year 2020.

(B)

Installation of protective devices

At least ½ of the funds set aside each fiscal year under subparagraph (A) shall be available for the installation of protective devices at railway-highway crossings.

(C)

Obligation availability

Sums set aside each fiscal year under subparagraph (A) shall be available for obligation in the same manner as funds apportioned under section 104(b)(1).

.

1109.

Surface transportation block grant program

(a)

Findings

Congress finds that—

(1)

the benefits of the surface transportation block grant program accrue principally to the residents of each State and municipality where the funds are obligated;

(2)

decisions about how funds should be obligated are best determined by the States and municipalities to respond to unique local circumstances and implement the most efficient solutions; and

(3)

reforms of the program to promote flexibility will enhance State and local control over transportation decisions.

(b)

Surface transportation block grant program

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

(1)

by striking subsections (a), (b), (c), and (d) and inserting the following:

(a)

Establishment

The Secretary shall establish a surface transportation block grant program in accordance with this section to provide flexible funding to address State and local transportation needs.

(b)

Eligible projects

Funds apportioned to a State under section 104(b)(2) for the surface transportation block grant program may be obligated for the following:

(1)

Construction of—

(A)

highways, bridges, tunnels, including designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40;

(B)

ferry boats and terminal facilities eligible for funding under section 129(c);

(C)

transit capital projects eligible for assistance under chapter 53 of title 49;

(D)

infrastructure-based intelligent transportation systems capital improvements;

(E)

truck parking facilities eligible for funding under section 1401 of MAP–21 (23 U.S.C. 137 note); and

(F)

border infrastructure projects eligible for funding under section 1303 of SAFETEA–LU (23 U.S.C. 101 note).

(2)

Operational improvements and capital and operating costs for traffic monitoring, management, and control facilities and programs.

(3)

Environmental measures eligible under sections 119(g), 328, and 329 and transportation control measures listed in section 108(f)(1)(A) (other than clause (xvi) of that section) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).

(4)

Highway and transit safety infrastructure improvements and programs, including railway-highway grade crossings.

(5)

Fringe and corridor parking facilities and programs in accordance with section 137 and carpool projects in accordance with section 146.

(6)

Recreational trails projects eligible for funding under section 206, pedestrian and bicycle projects in accordance with section 217 (including modifications to comply with accessibility requirements under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), and the safe routes to school program under section 1404 of SAFETEA–LU (23 U.S.C. 402 note).

(7)

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

(8)

Development and implementation of a State asset management plan for the National Highway System and a performance-based management program for other public roads.

(9)

Protection (including painting, scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) for bridges (including approaches to bridges and other elevated structures) and tunnels on public roads, and inspection and evaluation of bridges and tunnels and other highway assets.

(10)

Surface transportation planning programs, highway and transit research and development and technology transfer programs, and workforce development, training, and education under chapter 5 of this title.

(11)

Surface transportation infrastructure modifications to facilitate direct intermodal interchange, transfer, and access into and out of a port terminal.

(12)

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

(13)

At the request of a State, and upon Secretarial approval of credit assistance under chapter 6, subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6 with respect to a project eligible for assistance under this section.

(14)

The creation and operation by a State of an office to assist in the design, implementation, and oversight of public-private partnerships eligible to receive funding under this title and chapter 53 of title 49, and the payment of a stipend to unsuccessful private bidders to offset their proposal development costs, if necessary to encourage robust competition in public-private partnership procurements.

(15)

Any type of project eligible under this section as in effect on the day before the date of enactment of the FAST Act, including projects described under section 101(a)(29) as in effect on such day.

(c)

Location of projects

A surface transportation block grant project may not be undertaken on a road functionally classified as a local road or a rural minor collector unless the road was on a Federal-aid highway system on January 1, 1991, except—

(1)

for a bridge or tunnel project (other than the construction of a new bridge or tunnel at a new location);

(2)

for a project described in paragraphs (4) through (11) of subsection (b);

(3)

for a project described in section 101(a)(29), as in effect on the day before the date of enactment of the FAST Act; and

(4)

as approved by the Secretary.

(d)

Allocations of apportioned funds to areas based on population

(1)

Calculation

Of the funds apportioned to a State under section 104(b)(2) (after the reservation of funds under subsection (h))—

(A)

the percentage specified in paragraph (6) for a fiscal year 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)

the remainder may be obligated in any area of the State.

(2)

Metropolitan areas

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

(3)

Consultation with regional transportation planning organizations

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

(4)

Distribution among urbanized areas of over 200,000 population

(A)

In general

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

(B)

Other factors

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

(5)

Applicability of planning requirements

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

(6)

Percentage

The percentage referred to in paragraph (1)(A) is—

(A)

for fiscal year 2016, 51 percent;

(B)

for fiscal year 2017, 52 percent;

(C)

for fiscal year 2018, 53 percent;

(D)

for fiscal year 2019, 54 percent; and

(E)

for fiscal year 2020, 55 percent.

;

(2)

by striking the section heading and inserting Surface transportation block grant program;

(3)

by striking subsection (e);

(4)

by redesignating subsections (f) through (h) as subsections (e) through (g), respectively;

(5)

in subsection (e)(1), as redesignated by this subsection—

(A)

by striking 104(b)(3) and inserting 104(b)(2); and

(B)

by striking fiscal years 2011 through 2014 and inserting fiscal years 2016 through 2020;

(6)

in subsection (g)(1), as redesignated by this subsection, by striking under subsection (d)(1)(A)(iii) for each of fiscal years 2013 through 2014 and inserting under subsection (d)(1)(A)(ii) for each of fiscal years 2016 through 2020; and

(7)

by adding at the end the following:

(h)

STP Set-Aside

(1)

Reservation of funds

Of the funds apportioned to a State under section 104(b)(2) for each fiscal year, the Secretary shall reserve an amount such that—

(A)

the Secretary reserves a total under this subsection of—

(i)

$835,000,000 for each of fiscal years 2016 and 2017; and

(ii)

$850,000,000 for each of fiscal years 2018 through 2020; and

(B)

the State’s share of that total is determined by multiplying the amount under subparagraph (A) by the ratio that—

(i)

the amount apportioned to the State for the transportation enhancements program for fiscal year 2009 under section 133(d)(2), as in effect on the day before the date of enactment of MAP–21; bears to

(ii)

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

(2)

Allocation within a state

Funds reserved for a State under paragraph (1) shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5))—

(A)

for each fiscal year, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 50 percent; and

(B)

the following provisions shall not apply:

(i)

Paragraph (3) of subsection (d).

(ii)

Subsection (e).

(3)

Eligible projects

Funds reserved under this subsection may be obligated for projects or activities described in section 101(a)(29) or 213, as such provisions were in effect on the day before the date of enactment of the FAST Act.

(4)

Access to funds

(A)

In general

A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under such process in consultation with the relevant State.

(B)

Eligible entity defined

In this paragraph, the term eligible entity means—

(i)

a local government;

(ii)

a regional transportation authority;

(iii)

a transit agency;

(iv)

a natural resource or public land agency;

(v)

a school district, local education agency, or school;

(vi)

a tribal government;

(vii)

a nonprofit entity responsible for the administration of local transportation safety programs; and

(viii)

any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization or a State agency) that the State determines to be eligible, consistent with the goals of this subsection.

(5)

Continuation of certain recreational trails projects

For each fiscal year, a State 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), as in effect on the day before the date of enactment of MAP–21, 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 in subsection (d)(3)(A) of that section.

(6)

State flexibility

(A)

Recreational trails

A State may opt out of the recreational trails program under paragraph (5) if the Governor of the State notifies the Secretary not later than 30 days prior to apportionments being made for any fiscal year.

(B)

Large urbanized areas

A metropolitan planning area may use not to exceed 50 percent of the funds reserved under this subsection for an urbanized area described in subsection (d)(1)(A)(i) for any purpose eligible under subsection (b).

(7)

Annual reports

(A)

In general

Each State or metropolitan planning organization responsible for carrying out the requirements of this subsection shall submit to the Secretary an annual report that describes—

(i)

the number of project applications received for each fiscal year, including—

(I)

the aggregate cost of the projects for which applications are received; and

(II)

the types of projects to be carried out, expressed as percentages of the total apportionment of the State under this subsection; and

(ii)

the number of projects selected for funding for each fiscal year, including the aggregate cost and location of projects selected.

(B)

Public availability

The Secretary shall make available to the public, in a user-friendly format on the Web site of the Department of Transportation, a copy of each annual report submitted under subparagraph (A).

(i)

Treatment of projects

Notwithstanding any other provision of law, projects funded under this section (excluding those carried out under subsection (h)(5)) shall be treated as projects on a Federal-aid highway under this chapter.

.

(c)

Technical and conforming amendments

(1)

Section 126

Section 126(b)(2) of title 23, United States Code, is amended—

(A)

by striking section 213 and inserting section 133(h); and

(B)

by striking section 213(c)(1)(B) and inserting section 133(h).

(2)

Section 213

Section 213 of title 23, United States Code, is repealed.

(3)

Section 322

Section 322(h)(3) of title 23, United States Code, is amended by striking surface transportation program and inserting surface transportation block grant program.

(4)

Section 504

Section 504(a)(4) of title 23, United States Code, is amended—

(A)

by striking 104(b)(3) and inserting 104(b)(2); and

(B)

by striking surface transportation program and inserting surface transportation block grant program.

(5)

Chapter 1

Chapter 1 of title 23, United States Code, is amended by striking surface transportation program each place it appears and inserting surface transportation block grant program.

(6)

Chapter analyses

(A)

Chapter 1

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. Surface transportation block grant program.

.

(B)

Chapter 2

The item relating to section 213 in the analysis for chapter 2 of title 23, United States Code, is repealed.

(7)

Other references

Any reference in any other law, regulation, document, paper, or other record of the United States to the surface transportation program under section 133 of title 23, United States Code, shall be deemed to be a reference to the surface transportation block grant program under such section.

1110.

Highway use tax evasion projects

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

(1)

by striking paragraph (2)(A) and inserting the following:

(A)

In general

From administrative funds made available under section 104(a), the Secretary may deduct such sums as are necessary, not to exceed $4,000,000 for each of fiscal years 2016 through 2020, to carry out this section.

;

(2)

in the heading for paragraph (8) by inserting block grant after surface transportation; and

(3)

in paragraph (9) by inserting , the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate after the Secretary.

1111.

Bundling of bridge projects

Section 144 of title 23, United States Code, is amended—

(1)

in subsection (c)(2)(A) by striking the natural condition of the bridge and inserting the natural condition of the water;

(2)

by redesignating subsection (j) as subsection (k);

(3)

by inserting after subsection (i) the following:

(j)

Bundling of bridge projects

(1)

Purpose

The purpose of this subsection is to save costs and time by encouraging States to bundle multiple bridge projects as 1 project.

(2)

Eligible entity defined

In this subsection, the term eligible entity means an entity eligible to carry out a bridge project under section 119 or 133.

(3)

Bundling of bridge projects

An eligible entity may bundle 2 or more similar bridge projects that are—

(A)

eligible projects under section 119 or 133;

(B)

included as a bundled project in a transportation improvement program under section 134(j) or a statewide transportation improvement program under section 135, as applicable; and

(C)

awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and an eligible entity.

(4)

Itemization

Notwithstanding any other provision of law (including regulations), a bundling of bridge projects under this subsection may be listed as—

(A)

1 project for purposes of sections 134 and 135; and

(B)

a single project.

(5)

Financial characteristics

Projects bundled under this subsection shall have the same financial characteristics, including—

(A)

the same funding category or subcategory; and

(B)

the same Federal share.

(6)

Engineering cost reimbursement

The provisions of section 102(b) do not apply to projects carried out under this subsection.

; and

(4)

in subsection (k)(2), as redesignated by paragraph (2) of this section, by striking 104(b)(3) and inserting 104(b)(2).

1112.

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)

in subsection (a), in the subsection heading, by striking In General.— and inserting Program.—; and

(2)

by striking subsections (d) through (g) and inserting the following:

(d)

Formula

Of the amounts allocated under subsection (c)—

(1)

35 percent shall be allocated among eligible entities in the proportion that—

(A)

the number of ferry passengers, including passengers in vehicles, carried by each ferry system in the most recent calendar year for which data is available; bears to

(B)

the number of ferry passengers, including passengers in vehicles, carried by all ferry systems in the most recent calendar year for which data is available;

(2)

35 percent shall be allocated among eligible entities in the proportion that—

(A)

the number of vehicles carried by each ferry system in the most recent calendar year for which data is available; bears to

(B)

the number of vehicles carried by all ferry systems in the most recent calendar year for which data is available; and

(3)

30 percent shall be allocated among eligible entities in the proportion that—

(A)

the total route nautical miles serviced by each ferry system in the most recent calendar year for which data is available; bears to

(B)

the total route nautical miles serviced by all ferry systems in the most recent calendar year for which data is available.

(e)

Redistribution of unobligated amounts

The Secretary shall—

(1)

withdraw amounts allocated to an eligible entity under subsection (c) that remain unobligated by the end of the third fiscal year following the fiscal year for which the amounts were allocated; and

(2)

in the subsequent fiscal year, redistribute the amounts referred to in paragraph (1) in accordance with the formula under subsection (d) among eligible entities for which no amounts were withdrawn under paragraph (1).

(f)

Minimum amount

Notwithstanding subsection (c), a State with an eligible entity that meets the requirements of this section shall receive not less than $100,000 under this section for a fiscal year.

(g)

Implementation

(1)

Data collection

(A)

National ferry database

Amounts made available for a fiscal year under this section shall be allocated using the most recent data available, as collected and imputed in accordance with the national ferry database established under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note).

(B)

Eligibility for funding

To be eligible to receive funds under subsection (c), data shall have been submitted in the most recent collection of data for the national ferry database under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note) for at least 1 ferry service within the State.

(2)

Adjustments

On review of the data submitted under paragraph (1)(B), the Secretary may make adjustments to the data as the Secretary determines necessary to correct misreported or inconsistent data.

(h)

Authorization of appropriations

There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $80,000,000 for each of fiscal years 2016 through 2020.

(i)

Period of availability

Notwithstanding section 118(b), funds made available to carry out this section shall remain available until expended.

(j)

Applicability

All provisions of this chapter that are applicable to the National Highway System, other than provisions relating to apportionment formula and Federal share, shall apply to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section.

.

(b)

National ferry database

Section 1801(e)(4) of SAFETEA–LU (23 U.S.C. 129 note) is amended by striking subparagraph (D) and inserting the following:

(D)

make available, from the amounts made available for each fiscal year to carry out chapter 63 of title 49, not more than $500,000 to maintain the database.

.

(c)

Conforming amendments

Section 129(c) of title 23, United States Code, is amended—

(1)

in paragraph (2), in the first sentence, by inserting or on a public transit ferry eligible under chapter 53 of title 49 after Interstate System;

(2)

in paragraph (3)—

(A)

by striking (3) Such ferry and inserting (3)(A) The ferry; and

(B)

by adding at the end the following:

(B)

Any Federal participation shall not involve the construction or purchase, for private ownership, of a ferry boat, ferry terminal facility, or other eligible project under this section.

;

(3)

in paragraph (4) by striking and repair, and inserting repair,; and

(4)

by striking paragraph (6) and inserting the following:

(6)

The ferry service shall be maintained in accordance with section 116.

(7)
(A)

No ferry boat or ferry terminal with Federal participation under this title may be sold, leased, or otherwise disposed of, except in accordance with part 200 of title 2, Code of Federal Regulations.

(B)

The Federal share of any proceeds from a disposition referred to in subparagraph (A) shall be used for eligible purposes under this title.

.

1113.

Highway safety improvement program

(a)

In general

Section 148 of title 23, United States Code, is amended—

(1)

in subsection (a)—

(A)

in paragraph (4)(B)—

(i)

in the matter preceding clause (i), by striking includes, but is not limited to, and inserting only includes; and

(ii)

by adding at the end the following:

(xxv)

Installation of vehicle-to-infrastructure communication equipment.

(xxvi)

Pedestrian hybrid beacons.

(xxvii)

Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands.

(xxviii)

A physical infrastructure safety project not described in clauses (i) through (xxvii).

;

(B)

by striking paragraph (10); and

(C)

by redesignating paragraphs (11) through (13) as paragraphs (10) through (12), respectively;

(2)

in subsection (c)(1)(A) by striking subsections (a)(12) and inserting subsections (a)(11);

(3)

in subsection (d)(2)(B)(i) by striking subsection (a)(12) and inserting subsection (a)(11); and

(4)

by adding at the end the following:

(k)

Data collection on unpaved public roads

(1)

In general

A State may elect not to collect fundamental data elements for the model inventory of roadway elements on public roads that are gravel roads or otherwise unpaved if—

(A)

the State does not use funds provided to carry out this section for a project on any such roads until the State completes a collection of the required model inventory of roadway elements for the applicable road segment; and

(B)

the State demonstrates that the State consulted with affected Indian tribes before ceasing to collect data with respect to such roads that are included in the National Tribal Transportation Facility Inventory under section 202(b)(1) of this title.

(2)

Rule of construction

Nothing in this subsection may be construed to allow a State to cease data collection related to serious injuries or fatalities.

.

(b)

Commercial motor vehicle safety best practices

(1)

Review

The Secretary shall conduct a review of best practices with respect to the implementation of roadway safety infrastructure improvements that—

(A)

are cost effective; and

(B)

reduce the number or severity of accidents involving commercial motor vehicles.

(2)

Consultation

In conducting the review under paragraph (1), the Secretary shall consult with State transportation departments and units of local government.

(3)

Report

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

1114.

Congestion mitigation and air quality improvement program

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

(1)

in subsection (b)—

(A)

in paragraph (1)(A)(i)(I) by inserting in the designated nonattainment area after air quality standard;

(B)

in paragraph (3) by inserting or maintenance after likely to contribute to the attainment;

(C)

in paragraph (4) by striking attainment of and inserting attainment or maintenance in the area of;

(D)

in paragraph (7) by striking or at the end;

(E)

in paragraph (8)—

(i)

in subparagraph (A)(ii)—

(I)

in the matter preceding subclause (I) by inserting or port-related freight operations after construction projects; and

(II)

in subclause (II) by inserting or chapter 53 of title 49 after this title; and

(ii)

in subparagraph (B) by striking the period at the end and inserting ; or; and

(F)

by adding at the end the following:

(9)

if the project or program is for the installation of vehicle-to-infrastructure communication equipment.

;

(2)

in subsection (c)(2) by inserting (giving priority to corridors designated under section 151) after at any location in the State;

(3)

in subsection (d)—

(A)

by striking paragraph (1)(B) and inserting the following:

(B)

is eligible under the surface transportation block grant program under section 133.

;

(B)

in paragraph (2)—

(i)

in subparagraph (A)—

(I)

in the matter preceding clause (i) by inserting would otherwise be eligible under subsection (b) if the project were carried out in a nonattainment or maintenance area or after may use for any project that; and

(II)

in clause (i) by striking paragraph (l) and inserting subsection (k)(1); and

(ii)

in subparagraph (B)(i) by striking MAP–21t and inserting MAP–21; and

(C)

in paragraph (3) by inserting , in a manner consistent with the approach that was in effect on the day before the date of enactment of MAP–21, after the Secretary shall modify;

(4)

in subsection (g)(2)(B) by striking not later that and inserting not later than;

(5)

in subsection (k) by adding at the end the following:

(3)

PM2.5 nonattainment and maintenance in low population density States

(A)

Exception

In any State with a population density of 80 or fewer persons per square mile of land area, based on the most recent decennial census, the requirements under subsection (g)(3) and paragraphs (1) and (2) of this subsection shall not apply to a nonattainment or maintenance area in the State if—

(i)

the nonattainment or maintenance area does not have projects that are part of the emissions analysis of a metropolitan transportation plan or transportation improvement program; and

(ii)

regional motor vehicle emissions are an insignificant contributor to the air quality problem for PM2.5 in the nonattainment or maintenance area.

(B)

Calculation

If subparagraph (A) applies to a nonattainment or maintenance area in a State, the percentage of the PM2.5 set-aside under paragraph (1) shall be reduced for that State proportionately based on the weighted population of the area in fine particulate matter nonattainment.

(4)

Port-related equipment and vehicles

To meet the requirements under paragraph (1), a State or metropolitan planning organization may elect to obligate funds to the most cost-effective projects to reduce emissions from port-related landside nonroad or on-road equipment that is operated within the boundaries of a PM2.5 nonattainment or maintenance area.

;

(6)

in subsection (l)(1)(B) by inserting air quality and traffic congestion before performance targets; and

(7)

in subsection (m) by striking section 104(b)(2) and inserting section 104(b)(4).

1115.

Territorial and Puerto Rico highway program

Section 165(a) of title 23, United States Code, is amended—

(1)

in paragraph (1) by striking $150,000,000 and inserting $158,000,000; and

(2)

in paragraph (2) by striking $40,000,000 and inserting $42,000,000.

1116.

National highway freight program

(a)

In general

Section 167 of title 23, United States Code, is amended to read as follows:

167.

National highway freight program

(a)

In general

(1)

Policy

It is the policy of the United States to improve the condition and performance of the National Highway Freight Network established under this section to ensure that the Network provides the foundation for the United States to compete in the global economy and achieve the goals described in subsection (b).

(2)

Establishment

In support of the goals described in subsection (b), the Administrator of the Federal Highway Administration shall establish a national highway freight program in accordance with this section to improve the efficient movement of freight on the National Highway Freight Network.

(b)

Goals

The goals of the national highway freight program are—

(1)

to invest in infrastructure improvements and to implement operational improvements on the highways of the United States that—

(A)

strengthen the contribution of the National Highway Freight Network to the economic competitiveness of the United States;

(B)

reduce congestion and bottlenecks on the National Highway Freight Network;

(C)

reduce the cost of freight transportation;

(D)

improve the year-round reliability of freight transportation; and

(E)

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

(2)

to improve the safety, security, efficiency, and resiliency of freight transportation in rural and urban areas;

(3)

to improve the state of good repair of the National Highway Freight Network;

(4)

to use innovation and advanced technology to improve the safety, efficiency, and reliability of the National Highway Freight Network;

(5)

to improve the efficiency and productivity of the National Highway Freight Network;

(6)

to improve the flexibility of States to support multi-State corridor planning and the creation of multi-State organizations to increase the ability of States to address highway freight connectivity; and

(7)

to reduce the environmental impacts of freight movement on the National Highway Freight Network.

(c)

Establishment of National Highway Freight Network

(1)

In general

The Administrator shall establish a National Highway Freight Network in accordance with this section to strategically direct Federal resources and policies toward improved performance of the Network.

(2)

Network components

The National Highway Freight Network shall consist of—

(A)

the primary highway freight system, as designated under subsection (d);

(B)

critical rural freight corridors established under subsection (e);

(C)

critical urban freight corridors established under subsection (f); and

(D)

the portions of the Interstate System not designated as part of the primary highway freight system.

(d)

Designation and redesignation of the primary highway freight system

(1)

Initial designation of primary highway freight system

The initial designation of the primary highway freight system shall be the 41,518-mile network identified during the designation process for the primary freight network under section 167(d) of this title, as in effect on the day before the date of enactment of the FAST Act.

(2)

Redesignation of primary highway freight system

(A)

In general

Beginning 5 years after the date of enactment of the FAST Act, and every 5 years thereafter, using the designation factors described in subparagraph (E), the Administrator shall redesignate the primary highway freight system.

(B)

Redesignation mileage

Each redesignation may increase the mileage on the primary highway freight system by not more than 3 percent of the total mileage of the system.

(C)

Use of measurable data

In redesignating the primary highway freight system, to the maximum extent practicable, the Administrator shall use measurable data to assess the significance of goods movement, including consideration of points of origin, destinations, and linking components of the United States global and domestic supply chains.

(D)

Input

In redesignating the primary highway freight system, the Administrator shall provide an opportunity for State freight advisory committees, as applicable, to submit additional miles for consideration.

(E)

Factors for redesignation

In redesignating the primary highway freight system, the Administrator shall consider—

(i)

changes in the origins and destinations of freight movement in, to, and from the United States;

(ii)

changes in the percentage of annual daily truck traffic in the annual average daily traffic on principal arterials;

(iii)

changes in the location of key facilities;

(iv)

land and water ports of entry;

(v)

access to energy exploration, development, installation, or production areas;

(vi)

access to other freight intermodal facilities, including rail, air, water, and pipelines facilities;

(vii)

the total freight tonnage and value moved via highways;

(viii)

significant freight bottlenecks, as identified by the Administrator;

(ix)

the significance of goods movement on principal arterials, including consideration of global and domestic supply chains;

(x)

critical emerging freight corridors and critical commerce corridors; and

(xi)

network connectivity.

(e)

Critical rural freight corridors

(1)

In general

A State may designate a public road within the borders of the State as a critical rural freight corridor if the public road is not in an urbanized area and—

(A)

is a rural principal arterial roadway and has a minimum of 25 percent of the annual average daily traffic of the road measured in passenger vehicle equivalent units from trucks (Federal Highway Administration vehicle class 8 to 13);

(B)

provides access to energy exploration, development, installation, or production areas;

(C)

connects the primary highway freight system, a roadway described in subparagraph (A) or (B), or the Interstate System to facilities that handle more than—

(i)

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

(ii)

500,000 tons per year of bulk commodities;

(D)

provides access to—

(i)

a grain elevator;

(ii)

an agricultural facility;

(iii)

a mining facility;

(iv)

a forestry facility; or

(v)

an intermodal facility;

(E)

connects to an international port of entry;

(F)

provides access to significant air, rail, water, or other freight facilities in the State; or

(G)

is, in the determination of the State, vital to improving the efficient movement of freight of importance to the economy of the State.

(2)

Limitation

A State may designate as critical rural freight corridors a maximum of 150 miles of highway or 20 percent of the primary highway freight system mileage in the State, whichever is greater.

(f)

Critical urban freight corridors

(1)

Urbanized area with population of 500,000 or more

In an urbanized area with a population of 500,000 or more individuals, the representative metropolitan planning organization, in consultation with the State, may designate a public road within the borders of that area of the State as a critical urban freight corridor.

(2)

Urbanized area with a population less than 500,000

In an urbanized area with a population of less than 500,000 individuals, the State, in consultation with the representative metropolitan planning organization, may designate a public road within the borders of that area of the State as a critical urban freight corridor.

(3)

Requirements for designation

A designation may be made under paragraph (1) or (2) if the public road—

(A)

is in an urbanized area, regardless of population; and

(B)
(i)

connects an intermodal facility to—

(I)

the primary highway freight system;

(II)

the Interstate System; or

(III)

an intermodal freight facility;

(ii)

is located within a corridor of a route on the primary highway freight system and provides an alternative highway option important to goods movement;

(iii)

serves a major freight generator, logistic center, or manufacturing and warehouse industrial land; or

(iv)

is important to the movement of freight within the region, as determined by the metropolitan planning organization or the State.

(4)

Limitation

For each State, a maximum of 75 miles of highway or 10 percent of the primary highway freight system mileage in the State, whichever is greater, may be designated as a critical urban freight corridor under paragraphs (1) and (2).

(g)

Designation and certification

(1)

Designation

States and metropolitan planning organizations may designate corridors under subsections (e) and (f) and submit the designated corridors to the Administrator on a rolling basis.

(2)

Certification

Each State or metropolitan planning organization that designates a corridor under subsection (e) or (f) shall certify to the Administrator that the designated corridor meets the requirements of the applicable subsection.

(h)

Highway freight transportation conditions and performance reports

Not later than 2 years after the date of enactment of the FAST Act, and biennially thereafter, the Administrator shall prepare and submit to Congress a report that describes the conditions and performance of the National Highway Freight Network in the United States.

(i)

Use of apportioned funds

(1)

In general

A State shall obligate funds apportioned to the State under section 104(b)(5) to improve the movement of freight on the National Highway Freight Network.

(2)

Formula

The Administrator shall calculate for each State the proportion that—

(A)

the total mileage in the State designated as part of the primary highway freight system; bears to

(B)

the total mileage of the primary highway freight system in all States.

(3)

Use of funds

(A)

States with high primary highway freight system mileage

If the proportion of a State under paragraph (2) is greater than or equal to 2 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on—

(i)

the primary highway freight system;

(ii)

critical rural freight corridors; and

(iii)

critical urban freight corridors.

(B)

States with low primary highway freight system mileage

If the proportion of a State under paragraph (2) is less than 2 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on any component of the National Highway Freight Network.

(4)

Freight planning

Notwithstanding any other provision of law, effective beginning 2 years after the date of enactment of the FAST Act, a State may not obligate funds apportioned to the State under section 104(b)(5) unless the State has developed a freight plan in accordance with section 70202 of title 49, except that the multimodal component of the plan may be incomplete before an obligation may be made under this section.

(5)

Eligibility

(A)

In general

Except as provided in this subsection, for a project to be eligible for funding under this section the project shall—

(i)

contribute to the efficient movement of freight on the National Highway Freight Network; and

(ii)

be identified in a freight investment plan included in a freight plan of the State that is in effect.

(B)

Other projects

For each fiscal year, a State may obligate not more than 10 percent of the total apportionment of the State under section 104(b)(5) for freight intermodal or freight rail projects, including projects—

(i)

within the boundaries of public or private freight rail or water facilities (including ports); and

(ii)

that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange, transfer, and access into or out of the facility.

(C)

Eligible projects

Funds apportioned to the State under section 104(b)(5) for the national highway freight program may be obligated to carry out 1 or more of the following:

(i)

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

(ii)

Construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to land), construction contingencies, acquisition of equipment, and operational improvements directly relating to improving system performance.

(iii)

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

(iv)

Efforts to reduce the environmental impacts of freight movement.

(v)

Environmental and community mitigation for freight movement.

(vi)

Railway-highway grade separation.

(vii)

Geometric improvements to interchanges and ramps.

(viii)

Truck-only lanes.

(ix)

Climbing and runaway truck lanes.

(x)

Adding or widening of shoulders.

(xi)

Truck parking facilities eligible for funding under section 1401 of MAP–21 (23 U.S.C. 137 note).

(xii)

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

(xiii)

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

(xiv)

Traffic signal optimization, including synchronized and adaptive signals.

(xv)

Work zone management and information systems.

(xvi)

Highway ramp metering.

(xvii)

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

(xviii)

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

(xix)

Additional road capacity to address highway freight bottlenecks.

(xx)

Physical separation of passenger vehicles from commercial motor freight.

(xxi)

Enhancement of the resiliency of critical highway infrastructure, including highway infrastructure that supports national energy security, to improve the flow of freight.

(xxii)

A highway or bridge project, other than a project described in clauses (i) through (xxi), to improve the flow of freight on the National Highway Freight Network.

(xxiii)

Any other surface transportation project to improve the flow of freight into and out of a facility described in subparagraph (B).

(6)

Other eligible costs

In addition to the eligible projects identified in paragraph (5), a State may use funds apportioned under section 104(b)(5) for—

(A)

carrying out diesel retrofit or alternative fuel projects under section 149 for class 8 vehicles; and

(B)

the necessary costs of—

(i)

conducting analyses and data collection related to the national highway freight program;

(ii)

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

(iii)

reporting to the Administrator to comply with the freight performance target under section 150.

(7)

Applicability of planning requirements

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

(j)

State performance targets

If the Administrator determines that a State has not met or made significant progress toward meeting the performance targets related to freight movement of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets, the State shall include in the next report submitted under section 150(e) a description of the actions the State will undertake to achieve the targets, including—

(1)

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

(2)

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

(3)

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

(4)

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

(k)

Intelligent freight transportation system

(1)

Definition of intelligent freight transportation system

In this section, the term intelligent freight transportation system means—

(A)

innovative or intelligent technological transportation systems, infrastructure, or facilities, including elevated freight transportation facilities—

(i)

in proximity to, or within, an existing right of way on a Federal-aid highway; or

(ii)

that connect land ports-of entry to existing Federal-aid highways; or

(B)

communications or information processing systems that improve the efficiency, security, or safety of freight movements on the Federal-aid highway system, including to improve the conveyance of freight on dedicated intelligent freight lanes.

(2)

Operating standards

The Administrator shall determine whether there is a need for establishing operating standards for intelligent freight transportation systems.

(l)

Treatment of freight projects

Notwithstanding any other provision of law, a freight project carried out under this section shall be treated as if the project were on a Federal-aid highway.

.

(b)

Clerical amendment

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 167 and inserting the following:

167. National highway freight program.

.

(c)

Repeals

Sections 1116, 1117, and 1118 of MAP–21 (23 U.S.C. 167 note), and the items relating to such sections in the table of contents in section 1(c) of such Act, are repealed.

1117.

Federal lands and tribal transportation programs

(a)

Tribal data collection

Section 201(c)(6) of title 23, United States Code, is amended by adding at the end the following:

(C)

Tribal data collection

In addition to the data to be collected under subparagraph (A), not later than 90 days after the last day of each fiscal year, any entity carrying out a project under the tribal transportation program under section 202 shall submit to the Secretary and the Secretary of the Interior, based on obligations and expenditures under the tribal transportation program during the preceding fiscal year, the following data:

(i)

The names of projects and activities carried out by the entity under the tribal transportation program during the preceding fiscal year.

(ii)

A description of the projects and activities identified under clause (i).

(iii)

The current status of the projects and activities identified under clause (i).

(iv)

An estimate of the number of jobs created and the number of jobs retained by the projects and activities identified under clause (i).

.

(b)

Report on tribal government transportation safety data

(1)

Findings

Congress finds that—

(A)

in many States, the Native American population is disproportionately represented in fatalities and crash statistics;

(B)

improved crash reporting by tribal law enforcement agencies would facilitate safety planning and would enable Indian tribes to apply more successfully for State and Federal funds for safety improvements;

(C)

the causes of underreporting of crashes on Indian reservations include—

(i)

tribal law enforcement capacity, including—

(I)

staffing shortages and turnover; and

(II)

lack of equipment, software, and training; and

(ii)

lack of standardization in crash reporting forms and protocols; and

(D)

without more accurate reporting of crashes on Indian reservations, it is difficult or impossible to fully understand the nature of the problem and develop appropriate countermeasures, which may include effective transportation safety planning and programs aimed at—

(i)

driving under the influence (DUI) prevention;

(ii)

pedestrian safety;

(iii)

roadway safety improvements;

(iv)

seat belt usage; and

(v)

proper use of child restraints.

(2)

Report to Congress

(A)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary, after consultation with the Secretary of Interior, the Secretary of Health and Human Services, the Attorney General, and Indian tribes, shall submit to the Committee on Environment and Public Works and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives a report describing the quality of transportation safety data collected by States, counties, and Indian tribes for transportation safety systems and the relevance of that data to improving the collection and sharing of data on crashes on Indian reservations.

(B)

Purposes

The purposes of the report are—

(i)

to improve the collection and sharing of data on crashes on Indian reservations; and

(ii)

to develop data that Indian tribes can use to recover damages to tribal property caused by motorists.

(C)

Paperless data reporting

In preparing the report, the Secretary shall provide States, counties, and Indian tribes with options and best practices for transition to a paperless transportation safety data reporting system that—

(i)

improves the collection of crash reports;

(ii)

stores, archives, queries, and shares crash records; and

(iii)

uses data exclusively—

(I)

to address traffic safety issues on Indian reservations; and

(II)

to identify and improve problem areas on public roads on Indian reservations.

(D)

Additional budgetary resources

The Secretary shall include in the report the identification of Federal transportation funds provided to Indian tribes by agencies in addition to the Department and the Department of the Interior.

(c)

Study on Bureau of Indian Affairs road safety

Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Interior, the Attorney General, States, and Indian tribes shall—

(1)

complete a study that identifies and evaluates options for improving safety on public roads on Indian reservations; and

(2)

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

1118.

Tribal transportation program amendment

Section 202 of title 23, United States Code, is amended—

(1)

in subsection (a)(6) by striking 6 percent and inserting 5 percent; and

(2)

in subsection (d)(2) in the matter preceding subparagraph (A) by striking 2 percent and inserting 3 percent.

1119.

Federal lands transportation program

Section 203 of title 23, United States Code, is amended—

(1)

in subsection (a)(1)—

(A)

in subparagraph (B) by striking operation and inserting capital, operations,; and

(B)

in subparagraph (D) by striking subparagraph (A)(iv) and inserting subparagraph (A)(iv)(I);

(2)

in subsection (b)—

(A)

in paragraph (1)(B)—

(i)

in clause (iv) by striking and at the end;

(ii)

in clause (v) by striking the period at the end and inserting a semicolon; and

(iii)

by adding at the end the following:

(vi)

the Bureau of Reclamation; and

(vii)

independent Federal agencies with natural resource and land management responsibilities.

; and

(B)

in paragraph (2)(B)—

(i)

in the matter preceding clause (i) by inserting performance management, including after support; and

(ii)

in clause (i)(II) by striking , and and inserting ; and; and

(3)

in subsection (c)(2)(B) by adding at the end the following:

(vi)

The Bureau of Reclamation.

.

1120.

Federal lands programmatic activities

Section 201(c) of title 23, United States Code, is amended—

(1)

in paragraph (6)(A)—

(A)

by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively (and by moving the subclauses 2 ems to the right);

(B)

in the matter preceding subclause (I) (as so redesignated), by striking The Secretaries and inserting the following:

(i)

In general

The Secretaries

;

(C)

by inserting a period after tribal transportation program; and

(D)

by striking in accordance with and all that follows through including— and inserting the following:

(ii)

Requirement

Data collected to implement the tribal transportation program shall be in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

(iii)

Inclusions

Data collected under this paragraph includes—

; and

(2)

by striking paragraph (7) and inserting the following—

(7)

Cooperative research and technology deployment

The Secretary may conduct cooperative research and technology deployment in coordination with Federal land management agencies, as determined appropriate by the Secretary.

(8)

Funding

(A)

In general

To carry out the activities described in this subsection for Federal lands transportation facilities, Federal lands access transportation facilities, and other federally owned roads open to public travel (as that term is defined in section 125(e)), the Secretary shall for each fiscal year combine and use not greater than 5 percent of the funds authorized for programs under sections 203 and 204.

(B)

Other activities

In addition to the activities described in subparagraph (A), funds described under that subparagraph may be used for—

(i)

bridge inspections on any federally owned bridge even if that bridge is not included on the inventory described under section 203; and

(ii)

transportation planning activities carried out by Federal land management agencies eligible for funding under this chapter.

.

1121.

Tribal transportation self-governance program

(a)

In general

Chapter 2 of title 23, United States Code, is amended by inserting after section 206 the following:

207.

Tribal transportation self-governance program

(a)

Establishment

Subject to the requirements of this section, the Secretary shall establish and carry out a program to be known as the tribal transportation self-governance program. The Secretary may delegate responsibilities for administration of the program as the Secretary determines appropriate.

(b)

Eligibility

(1)

In general

Subject to paragraphs (2) and (3), an Indian tribe shall be eligible to participate in the program if the Indian tribe requests participation in the program by resolution or other official action by the governing body of the Indian tribe, and demonstrates, for the preceding 3 fiscal years, financial stability and financial management capability, and transportation program management capability.

(2)

Criteria for determining financial stability and financial management capacity

For the purposes of paragraph (1), evidence that, during the preceding 3 fiscal years, an Indian tribe had no uncorrected significant and material audit exceptions in the required annual audit of the Indian tribe’s self-determination contracts or self-governance funding agreements with any Federal agency shall be conclusive evidence of the required financial stability and financial management capability.

(3)

Criteria for determining transportation program management capability

The Secretary shall require an Indian tribe to demonstrate transportation program management capability, including the capability to manage and complete projects eligible under this title and projects eligible under chapter 53 of title 49, to gain eligibility for the program.

(c)

Compacts

(1)

Compact required

Upon the request of an eligible Indian tribe, and subject to the requirements of this section, the Secretary shall negotiate and enter into a written compact with the Indian tribe for the purpose of providing for the participation of the Indian tribe in the program.

(2)

Contents

A compact entered into under paragraph (1) shall set forth the general terms of the government-to-government relationship between the Indian tribe and the United States under the program and other terms that will continue to apply in future fiscal years.

(3)

Amendments

A compact entered into with an Indian tribe under paragraph (1) may be amended only by mutual agreement of the Indian tribe and the Secretary.

(d)

Annual funding agreements

(1)

Funding agreement required

After entering into a compact with an Indian tribe under subsection (c), the Secretary shall negotiate and enter into a written annual funding agreement with the Indian tribe.

(2)

Contents

(A)

In general

(i)

Formula funding and discretionary grants

A funding agreement entered into with an Indian tribe shall authorize the Indian tribe, as determined by the Indian tribe, to plan, conduct, consolidate, administer, and receive full tribal share funding, tribal transit formula funding, and funding to tribes from discretionary and competitive grants administered by the Department for all programs, services, functions, and activities (or portions thereof) that are made available to Indian tribes to carry out tribal transportation programs and programs, services, functions, and activities (or portions thereof) administered by the Secretary that are otherwise available to Indian tribes.

(ii)

Transfers of state funds

(I)

Inclusion of transferred funds in funding agreement

A funding agreement entered into with an Indian tribe shall include Federal-aid funds apportioned to a State under chapter 1 if the State elects to provide a portion of such funds to the Indian tribe for a project eligible under section 202(a). The provisions of this section shall be in addition to the methods for making funding contributions described in section 202(a)(9). Nothing in this section shall diminish the authority of the Secretary to provide funds to an Indian tribe under section 202(a)(9).

(II)

Method for transfers

If a State elects to provide funds described in subclause (I) to an Indian tribe—

(aa)

the transfer may occur in accordance with section 202(a)(9); or

(bb)

the State shall transfer the funds back to the Secretary and the Secretary shall transfer the funds to the Indian tribe in accordance with this section.

(III)

Responsibility for transferred funds

Notwithstanding any other provision of law, if a State provides funds described in subclause (I) to an Indian tribe—

(aa)

the State shall not be responsible for constructing or maintaining a project carried out using the funds or for administering or supervising the project or funds during the applicable statute of limitations period related to the construction of the project; and

(bb)

the Indian tribe shall be responsible for constructing and maintaining a project carried out using the funds and for administering and supervising the project and funds in accordance with this section during the applicable statute of limitations period related to the construction of the project.

(B)

Administration of tribal shares

The tribal shares referred to in subparagraph (A) shall be provided without regard to the agency or office of the Department within which the program, service, function, or activity (or portion thereof) is performed.

(C)

Flexible and innovative financing

(i)

In general

A funding agreement entered into with an Indian tribe under paragraph (1) shall include provisions pertaining to flexible and innovative financing if agreed upon by the parties.

(ii)

Terms and conditions

(I)

Authority to issue regulations

The Secretary may issue regulations to establish the terms and conditions relating to the flexible and innovative financing provisions referred to in clause (i).

(II)

Terms and conditions in absence of regulations

If the Secretary does not issue regulations under subclause (I), the terms and conditions relating to the flexible and innovative financing provisions referred to in clause (i) shall be consistent with—

(aa)

agreements entered into by the Department under—

(AA)

section 202(b)(7); and

(BB)

section 202(d)(5), as in effect before the date of enactment of MAP–21 (Public Law 112–141); or

(bb)

regulations of the Department of the Interior relating to flexible financing contained in part 170 of title 25, Code of Federal Regulations, as in effect on the date of enactment of the FAST Act.

(3)

Terms

A funding agreement shall set forth—

(A)

terms that generally identify the programs, services, functions, and activities (or portions thereof) to be performed or administered by the Indian tribe; and

(B)

for items identified in subparagraph (A)—

(i)

the general budget category assigned;

(ii)

the funds to be provided, including those funds to be provided on a recurring basis;

(iii)

the time and method of transfer of the funds;

(iv)

the responsibilities of the Secretary and the Indian tribe; and

(v)

any other provision agreed to by the Indian tribe and the Secretary.

(4)

Subsequent funding agreements

(A)

Applicability of existing agreement

Absent notification from an Indian tribe that the Indian tribe is withdrawing from or retroceding the operation of 1 or more programs, services, functions, or activities (or portions thereof) identified in a funding agreement, or unless otherwise agreed to by the parties, each funding agreement shall remain in full force and effect until a subsequent funding agreement is executed.

(B)

Effective date of subsequent agreement

The terms of the subsequent funding agreement shall be retroactive to the end of the term of the preceding funding agreement.

(5)

Consent of Indian tribe required

The Secretary shall not revise, amend, or require additional terms in a new or subsequent funding agreement without the consent of the Indian tribe that is subject to the agreement unless such terms are required by Federal law.

(e)

General provisions

(1)

Redesign and consolidation

(A)

In general

An Indian tribe, in any manner that the Indian tribe considers to be in the best interest of the Indian community being served, may—

(i)

redesign or consolidate programs, services, functions, and activities (or portions thereof) included in a funding agreement; and

(ii)

reallocate or redirect funds for such programs, services, functions, and activities (or portions thereof), if the funds are—

(I)

expended on projects identified in a transportation improvement program approved by the Secretary; and

(II)

used in accordance with the requirements in—

(aa)

appropriations Acts;

(bb)

this title and chapter 53 of title 49; and

(cc)

any other applicable law.

(B)

Exception

Notwithstanding subparagraph (A), if, pursuant to subsection (d), an Indian tribe receives a discretionary or competitive grant from the Secretary or receives State apportioned funds, the Indian tribe shall use the funds for the purpose for which the funds were originally authorized.

(2)

Retrocession

(A)

In general

(i)

Authority of Indian tribes

An Indian tribe may retrocede (fully or partially) to the Secretary programs, services, functions, or activities (or portions thereof) included in a compact or funding agreement.

(ii)

Reassumption of remaining funds

Following a retrocession described in clause (i), the Secretary may—

(I)

reassume the remaining funding associated with the retroceded programs, functions, services, and activities (or portions thereof) included in the applicable compact or funding agreement;

(II)

out of such remaining funds, transfer funds associated with Department of Interior programs, services, functions, or activities (or portions thereof) to the Secretary of the Interior to carry out transportation services provided by the Secretary of the Interior; and

(III)

distribute funds not transferred under subclause (II) in accordance with applicable law.

(iii)

Correction of programs

If the Secretary makes a finding under subsection (f)(2)(B) and no funds are available under subsection (f)(2)(A)(ii), the Secretary shall not be required to provide additional funds to complete or correct any programs, functions, services, or activities (or portions thereof).

(B)

Effective date

Unless the Indian tribe rescinds a request for retrocession, the retrocession shall become effective within the timeframe specified by the parties in the compact or funding agreement. In the absence of such a specification, the retrocession shall become effective on—

(i)

the earlier of—

(I)

1 year after the date of submission of the request; or

(II)

the date on which the funding agreement expires; or

(ii)

such date as may be mutually agreed upon by the parties and, with respect to Department of the Interior programs, functions, services, and activities (or portions thereof), the Secretary of the Interior.

(f)

Provisions relating to Secretary

(1)

Decisionmaker

A decision that relates to an appeal of the rejection of a final offer by the Department shall be made either—

(A)

by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency in which the decision that is the subject of the appeal was made; or

(B)

by an administrative judge.

(2)

Termination of compact or funding agreement

(A)

Authority to terminate

(i)

Provision to be included in compact or funding agreement

A compact or funding agreement shall include a provision authorizing the Secretary, if the Secretary makes a finding described in subparagraph (B), to—

(I)

terminate the compact or funding agreement (or a portion thereof); and

(II)

reassume the remaining funding associated with the reassumed programs, functions, services, and activities included in the compact or funding agreement.

(ii)

Transfers of funds

Out of any funds reassumed under clause (i)(II), the Secretary may transfer the funds associated with Department of the Interior programs, functions, services, and activities (or portions thereof) to the Secretary of the Interior to provide continued transportation services in accordance with applicable law.

(B)

Findings resulting in termination

The finding referred to in subparagraph (A) is a specific finding of—

(i)

imminent jeopardy to a trust asset, natural resources, or public health and safety that is caused by an act or omission of the Indian tribe and that arises out of a failure to carry out the compact or funding agreement, as determined by the Secretary; or

(ii)

gross mismanagement with respect to funds or programs transferred to the Indian tribe under the compact or funding agreement, as determined by the Secretary in consultation with the Inspector General of the Department, as appropriate.

(C)

Prohibition

The Secretary shall not terminate a compact or funding agreement (or portion thereof) unless—

(i)

the Secretary has first provided written notice and a hearing on the record to the Indian tribe that is subject to the compact or funding agreement; and

(ii)

the Indian tribe has not taken corrective action to remedy the mismanagement of funds or programs or the imminent jeopardy to a trust asset, natural resource, or public health and safety.

(D)

Exception

(i)

In general

Notwithstanding subparagraph (C), the Secretary, upon written notification to an Indian tribe that is subject to a compact or funding agreement, may immediately terminate the compact or funding agreement (or portion thereof) if—

(I)

the Secretary makes a finding of imminent substantial and irreparable jeopardy to a trust asset, natural resource, or public health and safety; and

(II)

the jeopardy arises out of a failure to carry out the compact or funding agreement.

(ii)

Hearings

If the Secretary terminates a compact or funding agreement (or portion thereof) under clause (i), the Secretary shall provide the Indian tribe subject to the compact or agreement with a hearing on the record not later than 10 days after the date of such termination.

(E)

Burden of proof

In any hearing or appeal involving a decision to terminate a compact or funding agreement (or portion thereof) under this paragraph, the Secretary shall have the burden of proof in demonstrating by clear and convincing evidence the validity of the grounds for the termination.

(g)

Cost principles

In administering funds received under this section, an Indian tribe shall apply cost principles under the applicable Office of Management and Budget circular, except as modified by section 106 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j–1), other provisions of law, or by any exemptions to applicable Office of Management and Budget circulars subsequently granted by the Office of Management and Budget. No other audit or accounting standards shall be required by the Secretary. Any claim by the Federal Government against the Indian tribe relating to funds received under a funding agreement based on any audit conducted pursuant to this subsection shall be subject to the provisions of section 106(f) of that Act (25 U.S.C. 450j–1(f)).

(h)

Transfer of funds

The Secretary shall provide funds to an Indian tribe under a funding agreement in an amount equal to—

(1)

the sum of the funding that the Indian tribe would otherwise receive for the program, function, service, or activity in accordance with a funding formula or other allocation method established under this title or chapter 53 of title 49; and

(2)

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.

(i)

Construction programs

(1)

Standards

Construction projects carried out under programs administered by an Indian tribe with funds transferred to the Indian tribe pursuant to a funding agreement entered into under this section shall be constructed pursuant to the construction program standards set forth in applicable regulations or as specifically approved by the Secretary (or the Secretary’s designee).

(2)

Monitoring

Construction programs shall be monitored by the Secretary in accordance with applicable regulations.

(j)

Facilitation

(1)

Secretarial interpretation

Except as otherwise provided by law, the Secretary shall interpret all Federal laws, Executive orders, and regulations in a manner that will facilitate—

(A)

the inclusion of programs, services, functions, and activities (or portions thereof) and funds associated therewith, in compacts and funding agreements; and

(B)

the implementation of the compacts and funding agreements.

(2)

Regulation waiver

(A)

In general

An Indian tribe may submit to the Secretary a written request to waive application of a regulation promulgated under this section with respect to a compact or funding agreement. The request shall identify the regulation sought to be waived and the basis for the request.

(B)

Approvals and denials

(i)

In general

Not later than 90 days after the date of receipt of a written request under subparagraph (A), the Secretary shall approve or deny the request in writing.

(ii)

Review

The Secretary shall review any application by an Indian tribe for a waiver bearing in mind increasing opportunities for using flexible policy approaches at the Indian tribal level.

(iii)

Deemed approval

If the Secretary does not approve or deny a request submitted under subparagraph (A) on or before the last day of the 90-day period referred to in clause (i), the request shall be deemed approved.

(iv)

Denials

If the application for a waiver is not granted, the agency shall provide the applicant with the reasons for the denial as part of the written response required in clause (i).

(v)

Finality of decisions

A decision by the Secretary under this subparagraph shall be final for the Department.

(k)

Disclaimers

(1)

Existing authority

Notwithstanding any other provision of law, upon the election of an Indian tribe, the Secretary shall—

(A)

maintain current tribal transportation program funding agreements and program agreements; or

(B)

enter into new agreements under the authority of section 202(b)(7).

(2)

Limitation on statutory construction

Nothing in this section may be construed to impair or diminish the authority of the Secretary under section 202(b)(7).

(l)

Applicability of Indian self-Determination and education assistance act

Except to the extent in conflict with this section (as determined by the Secretary), the following provisions of the Indian Self-Determination and Education Assistance Act shall apply to compact and funding agreements (except that any reference to the Secretary of the Interior or the Secretary of Health and Human Services in such provisions shall be treated as a reference to the Secretary of Transportation):

(1)

Subsections (a), (b), (d), (g), and (h) of section 506 of such Act (25 U.S.C. 458aaa–5), relating to general provisions.

(2)

Subsections (b) through (e) and (g) of section 507 of such Act (25 U.S.C. 458aaa–6), relating to provisions relating to the Secretary of Health and Human Services.

(3)

Subsections (a), (b), (d), (e), (g), (h), (i), and (k) of section 508 of such Act (25 U.S.C. 458aaa–7), relating to transfer of funds.

(4)

Section 510 of such Act (25 U.S.C. 458aaa–9), relating to Federal procurement laws and regulations.

(5)

Section 511 of such Act (25 U.S.C. 458aaa–10), relating to civil actions.

(6)

Subsections (a)(1), (a)(2), and (c) through (f) of section 512 of such Act (25 U.S.C. 458aaa–11), relating to facilitation, except that subsection (c)(1) of that section shall be applied by substituting transportation facilities and other facilities for school buildings, hospitals, and other facilities.

(7)

Subsections (a) and (b) of section 515 of such Act (25 U.S.C. 458aaa–14), relating to disclaimers.

(8)

Subsections (a) and (b) of section 516 of such Act (25 U.S.C. 458aaa–15), relating to application of title I provisions.

(9)

Section 518 of such Act (25 U.S.C. 458aaa–17), relating to appeals.

(m)

Definitions

(1)

In general

In this section, the following definitions apply (except as otherwise expressly provided):

(A)

Compact

The term compact means a compact between the Secretary and an Indian tribe entered into under subsection (c).

(B)

Department

The term Department means the Department of Transportation.

(C)

Eligible Indian tribe

The term eligible Indian tribe means an Indian tribe that is eligible to participate in the program, as determined under subsection (b).

(D)

Funding agreement

The term funding agreement means a funding agreement between the Secretary and an Indian tribe entered into under subsection (d).

(E)

Indian tribe

The term Indian tribe means any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. In any case in which an Indian tribe has authorized another Indian tribe, an intertribal consortium, or a tribal organization to plan for or carry out programs, services, functions, or activities (or portions thereof) on its behalf under this section, the authorized Indian tribe, intertribal consortium, or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise provided in the authorizing resolution or in this title). In such event, the term Indian tribe as used in this section shall include such other authorized Indian tribe, intertribal consortium, or tribal organization.

(F)

Program

The term program means the tribal transportation self-governance program established under this section.

(G)

Secretary

The term Secretary means the Secretary of Transportation.

(H)

Transportation programs

The term transportation programs means all programs administered or financed by the Department under this title and chapter 53 of title 49.

(2)

Applicability of other definitions

In this section, the definitions set forth in sections 4 and 505 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b; 458aaa) apply, except as otherwise expressly provided in this section.

(n)

Regulations

(1)

In general

(A)

Promulgation

Not later than 90 days after the date of enactment of the FAST Act, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this section.

(B)

Publication of proposed regulations

Proposed regulations to implement this section shall be published in the Federal Register by the Secretary not later than 21 months after such date of enactment.

(C)

Expiration of authority

The authority to promulgate regulations under subparagraph (A) shall expire 30 months after such date of enactment.

(D)

Extension of deadlines

A deadline set forth in subparagraph (B) or (C) may be extended up to 180 days if the negotiated rulemaking committee referred to in paragraph (2) concludes that the committee cannot meet the deadline and the Secretary so notifies the appropriate committees of Congress.

(2)

Committee

(A)

In general

A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this subsection shall have as its members only Federal and tribal government representatives, a majority of whom shall be nominated by and be representatives of Indian tribes with funding agreements under this title.

(B)

Requirements

The committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members.

(C)

Adaptation of procedures

The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian tribes.

(3)

Effect

The lack of promulgated regulations shall not limit the effect of this section.

(4)

Effect of circulars, policies, manuals, guidance, and rules

Unless expressly agreed to by the participating Indian tribe in the compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Department, except regulations promulgated under this section.

.

(b)

Clerical amendment

The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 206 the following:

207. Tribal transportation self-governance program.

.

1122.

State flexibility for National Highway System modifications

(a)

National Highway System flexibility

Not later than 90 days after the date of enactment of this Act, the Secretary shall issue guidance relating to working with State departments of transportation that request assistance from the division offices of the Federal Highway Administration—

(1)

to review roads classified as principal arterials in the State that were added to the National Highway System as of October 1, 2012, so as to comply with section 103 of title 23, United States Code; and

(2)

to identify any necessary functional classification changes to rural and urban principal arterials.

(b)

Administrative actions

The Secretary shall direct the division offices of the Federal Highway Administration to work with the applicable State department of transportation that requests assistance under this section—

(1)

to assist in the review of roads in accordance with guidance issued under subsection (a);

(2)

to expeditiously review and facilitate requests from States to reclassify roads classified as principal arterials; and

(3)

in the case of a State that requests the withdrawal of reclassified roads from the National Highway System under section 103(b)(3) of title 23, United States Code, to carry out that withdrawal if the inclusion of the reclassified road in the National Highway System is not consistent with the needs and priorities of the community or region in which the reclassified road is located.

(c)

National Highway System modification regulations

The Secretary shall—

(1)

review the National Highway System modification process described in appendix D of part 470 of title 23, Code of Federal Regulations (or successor regulations); and

(2)

take any action necessary to ensure that a State may submit to the Secretary a request to modify the National Highway System by withdrawing a road from the National Highway System.

(d)

Report to Congress

Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes a description of—

(1)

each request for reclassification of National Highway System roads;

(2)

the status of each request; and

(3)

if applicable, the justification for the denial by the Secretary of a request.

(e)

Modifications to the National Highway System

Section 103(b)(3)(A) of title 23, United States Code, is amended—

(1)

in the matter preceding clause (i)—

(A)

by striking , including any modification consisting of a connector to a major intermodal terminal,; and

(B)

by inserting , including any modification consisting of a connector to a major intermodal terminal or the withdrawal of a road from that system, after the National Highway System; and

(2)

in clause (ii)—

(A)

by striking (ii) enhances and inserting (ii)(I) enhances;

(B)

by striking the period at the end and inserting ; or; and

(C)

by adding at the end the following:

(II)

in the case of the withdrawal of a road, is reasonable and appropriate.

.

1123.

Nationally significant Federal lands and tribal projects program

(a)

Purpose

The Secretary shall establish a nationally significant Federal lands and tribal projects program (referred to in this section as the program) to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal lands and tribal transportation projects.

(b)

Eligible applicants

(1)

In general

Except as provided in paragraph (2), entities eligible to receive funds under sections 201, 202, 203, and 204 of title 23, United States Code, may apply for funding under the program.

(2)

Special rule

A State, county, or unit of local government may only apply for funding under the program if sponsored by an eligible Federal land management agency or Indian tribe.

(c)

Eligible projects

An eligible project under the program shall be a single continuous project—

(1)

on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility (as those terms are defined in section 101 of title 23, United States Code), except that such facility is not required to be included in an inventory described in section 202 or 203 of such title;

(2)

for which completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been demonstrated through—

(A)

a record of decision with respect to the project;

(B)

a finding that the project has no significant impact; or

(C)

a determination that the project is categorically excluded; and

(3)

having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $25,000,000, with priority consideration given to projects with an estimated cost equal to or exceeding $50,000,000.

(d)

Eligible activities

(1)

In general

Subject to paragraph (2), an eligible applicant receiving funds under the program may only use the funds for construction, reconstruction, and rehabilitation activities.

(2)

Ineligible activities

An eligible applicant may not use funds received under the program for activities relating to project design.

(e)

Applications

Eligible applicants shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require.

(f)

Selection criteria

In selecting a project to receive funds under the program, the Secretary shall consider the extent to which the project—

(1)

furthers the goals of the Department, including state of good repair, economic competitiveness, quality of life, and safety;

(2)

improves the condition of critical transportation facilities, including multimodal facilities;

(3)

needs construction, reconstruction, or rehabilitation;

(4)

has costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches;

(5)

is included in or eligible for inclusion in the National Register of Historic Places;

(6)

uses new technologies and innovations that enhance the efficiency of the project;

(7)

is supported by funds, other than the funds received under the program, to construct, maintain, and operate the facility;

(8)

spans 2 or more States; and

(9)

serves land owned by multiple Federal agencies or Indian tribes.

(g)

Federal share

(1)

In general

The Federal share of the cost of a project shall be up to 90 percent.

(2)

Non-Federal share

Notwithstanding any other provision of law, any Federal funds other than those made available under title 23 or title 49, United States Code, may be used to pay the non-Federal share of the cost of a project carried out under this section.

(h)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2016 through 2020. Such sums shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.

B

Planning and Performance Management

1201.

Metropolitan transportation planning

Section 134 of title 23, United States Code, is amended—

(1)

in subsection (a)(1)—

(A)

by striking people and freight and and inserting people and freight, and

(B)

by inserting and take into consideration resiliency needs after urbanized areas,;

(2)

in subsection (c)(2) by striking and bicycle transportation facilities and inserting , bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers;

(3)

in subsection (d)—

(A)

by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively;

(B)

by inserting after paragraph (2) the following:

(3)

Representation

(A)

In general

Designation or selection of officials or representatives under paragraph (2) shall be determined by the metropolitan planning organization according to the bylaws or enabling statute of the organization.

(B)

Public transportation representative

Subject to the bylaws or enabling statute of the metropolitan planning organization, a representative of a provider of public transportation may also serve as a representative of a local municipality.

(C)

Powers of certain officials

An official described in paragraph (2)(B) shall have responsibilities, actions, duties, voting rights, and any other authority commensurate with other officials described in paragraph (2).

; and

(C)

in paragraph (5) as so redesignated by striking paragraph (5) and inserting paragraph (6);

(4)

in subsection (e)(4)(B) by striking subsection (d)(5) and inserting subsection (d)(6);

(5)

in subsection (g)(3)(A) by inserting tourism, natural disaster risk reduction, after economic development,;

(6)

in subsection (h)—

(A)

in paragraph (1)—

(i)

in subparagraph (G) by striking and at the end;

(ii)

in subparagraph (H) by striking the period at the end and inserting a semicolon; and

(iii)

by adding at the end the following:

(I)

improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation; and

(J)

enhance travel and tourism.

; and

(B)

in paragraph (2)(A) by striking and in section 5301(c) of title 49 and inserting and the general purposes described in section 5301 of title 49;

(7)

in subsection (i)—

(A)

in paragraph (2)—

(i)

in subparagraph (A)(i) by striking transit, and inserting public transportation facilities, intercity bus facilities,;

(ii)

in subparagraph (G)—

(I)

by striking and provide and inserting , provide; and

(II)

by inserting , and reduce the vulnerability of the existing transportation infrastructure to natural disasters before the period at the end; and

(iii)

in subparagraph (H) by inserting including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated before the period at the end;

(B)

in paragraph (6)(A)—

(i)

by inserting public ports, before freight shippers,; and

(ii)

by inserting (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program) after private providers of transportation; and

(C)

in paragraph (8) by striking paragraph (2)(C) and inserting paragraph (2)(E) each place it appears;

(8)

in subsection (k)(3)—

(A)

in subparagraph (A) by inserting (including intercity bus operators, employer-based commuting programs such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects, after reduction; and

(B)

by adding at the end the following:

(C)

Congestion management plan

A metropolitan planning organization serving a transportation management area may develop a plan that includes projects and strategies that will be considered in the TIP of such metropolitan planning organization. Such plan shall—

(i)

develop regional goals to reduce vehicle miles traveled during peak commuting hours and improve transportation connections between areas with high job concentration and areas with high concentrations of low-income households;

(ii)

identify existing public transportation services, employer-based commuter programs, and other existing transportation services that support access to jobs in the region; and

(iii)

identify proposed projects and programs to reduce congestion and increase job access opportunities.

(D)

Participation

In developing the plan under subparagraph (C), a metropolitan planning organization shall consult with employers, private and nonprofit providers of public transportation, transportation management organizations, and organizations that provide job access reverse commute projects or job-related services to low-income individuals.

;

(9)

in subsection (l)—

(A)

by adding a period at the end of paragraph (1); and

(B)

in paragraph (2)(D) by striking of less than 200,000 and inserting with a population of 200,000 or less;

(10)

in subsection (n)(1) by inserting 49 after chapter 53 of title;

(11)

in subsection (p) by striking Funds set aside under section 104(f) and inserting Funds apportioned under paragraphs (5)(D) and (6) of section 104(b); and

(12)

by adding at the end the following:

(r)

Bi-State metropolitan planning organization

(1)

Definition of bi-state MPO region

In this subsection, the term Bi-State MPO Region has the meaning given the term region in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact (Public Law 96–551; 94 Stat. 3234).

(2)

Treatment

For the purpose of this title, the Bi-State MPO Region shall be treated as—

(A)

a metropolitan planning organization;

(B)

a transportation management area under subsection (k); and

(C)

an urbanized area, which is comprised of a population of 145,000 in the State of California and a population of 65,000 in the State of Nevada.

(3)

Suballocated funding

(A)

Planning

In determining the amounts under subparagraph (A) of section 133(d)(1) that shall be obligated for a fiscal year in the States of California and Nevada under clauses (i), (ii), and (iii) of that subparagraph, the Secretary shall, for each of those States—

(i)

calculate the population under each of those clauses;

(ii)

decrease the amount under section 133(d)(1)(A)(iii) by the population specified in paragraph (2) of this subsection for the Bi-State MPO Region in that State; and

(iii)

increase the amount under section 133(d)(1)(A)(i) by the population specified in paragraph (2) of this subsection for the Bi-State MPO Region in that State.

(B)

STBGP set aside

In determining the amounts under paragraph (2) of section 133(h) that shall be obligated for a fiscal year in the States of California and Nevada, the Secretary shall, for the purpose of that subsection, calculate the populations for each of those States in a manner consistent with subparagraph (A).

.

1202.

Statewide and nonmetropolitan transportation planning

Section 135 of title 23, United States Code, is amended—

(1)

in subsection (a)(2) by striking and bicycle transportation facilities and inserting, , bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter van pool providers;

(2)

in subsection (d)—

(A)

in paragraph (1)—

(i)

in subparagraph (G) by striking and at the end;

(ii)

in subparagraph (H) by striking the period at the end and inserting a semicolon; and

(iii)

by adding at the end the following:

(I)

improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation; and

(J)

enhance travel and tourism.

; and

(B)

in paragraph (2)—

(i)

in subparagraph (A) by striking and in section 5301(c) of title 49 and inserting and the general purposes described in section 5301 of title 49;

(ii)

in subparagraph (B)(ii) by striking urbanized; and

(iii)

in subparagraph (C) by striking urbanized;

(3)

in subsection (f)—

(A)

in paragraph (3)(A)(ii)—

(i)

by inserting public ports, before freight shippers,; and

(ii)

by inserting (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program) after private providers of transportation; and

(B)

in paragraph (7), in the matter preceding subparagraph (A), by striking should and inserting shall; and

(C)

in paragraph (8), by inserting , including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated before the period at the end; and

(4)

in subsection (g)(3)—

(A)

by inserting public ports, before freight shippers; and

(B)

by inserting (including intercity bus operators), after private providers of transportation.

C

Acceleration of project delivery

1301.

Satisfaction of requirements for certain historic sites

(a)

Highways

Section 138 of title 23, United States Code, is amended by adding at the end the following:

(c)

Satisfaction of requirements for certain historic sites

(1)

In general

The Secretary shall—

(A)

align, to the maximum extent practicable, with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108 of title 54, including implementing regulations; and

(B)

not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the Council) to establish procedures to satisfy the requirements described in subparagraph (A) (including regulations).

(2)

Avoidance alternative analysis

(A)

In general

If, in an analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary determines that there is no feasible or prudent alternative to avoid use of a historic site, the Secretary may—

(i)

include the determination of the Secretary in the analysis required under that Act;

(ii)

provide a notice of the determination to—

(I)

each applicable State historic preservation officer and tribal historic preservation officer;

(II)

the Council, if the Council is participating in the consultation process under section 306108 of title 54; and

(III)

the Secretary of the Interior; and

(iii)

request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy subsection (a)(1).

(B)

Concurrence

If the applicable preservation officer, the Council, and the Secretary of the Interior each provide a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (a)(1) shall be required.

(C)

Publication

A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall—

(i)

be included in the record of decision or finding of no significant impact of the Secretary; and

(ii)

be posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).

(3)

Aligning historical reviews

(A)

In general

If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy subsection (a)(2) through the consultation requirements of section 306108 of title 54.

(B)

Satisfaction of conditions

To satisfy subsection (a)(2), each individual described in paragraph (2)(A)(ii) shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54.

.

(b)

Public transportation

Section 303 of title 49, United States Code, is amended by adding at the end the following:

(e)

Satisfaction of requirements for certain historic sites

(1)

In general

The Secretary shall—

(A)

align, to the maximum extent practicable, the requirements of this section with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108 of title 54, including implementing regulations; and

(B)

not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the Council) to establish procedures to satisfy the requirements described in subparagraph (A) (including regulations).

(2)

Avoidance alternative analysis

(A)

In general

If, in an analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary determines that there is no feasible or prudent alternative to avoid use of a historic site, the Secretary may—

(i)

include the determination of the Secretary in the analysis required under that Act;

(ii)

provide a notice of the determination to—

(I)

each applicable State historic preservation officer and tribal historic preservation officer;

(II)

the Council, if the Council is participating in the consultation process under section 306108 of title 54; and

(III)

the Secretary of the Interior; and

(iii)

request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy subsection (c)(1).

(B)

Concurrence

If the applicable preservation officer, the Council, and the Secretary of the Interior each provide a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (c)(1) shall be required.

(C)

Publication

A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall—

(i)

be included in the record of decision or finding of no significant impact of the Secretary; and

(ii)

be posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).

(3)

Aligning historical reviews

(A)

In general

If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy subsection (c)(2) through the consultation requirements of section 306108 of title 54.

(B)

Satisfaction of conditions

To satisfy subsection (c)(2), the applicable preservation officer, the Council, and the Secretary of the Interior shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54.

.

1302.

Clarification of transportation environmental authorities

(a)

Title 23 amendment

Section 138 of title 23, United States Code, as amended by section 1301, is amended by adding at the end the following:

(d)

References to past transportation environmental authorities

(1)

Section 4(f) requirements

The requirements of this section are commonly referred to as section 4(f) requirements (see section 4(f) of the Department of Transportation Act (Public Law 89–670; 80 Stat. 934) as in effect before the repeal of that section).

(2)

Section 106 requirements

The requirements of section 306108 of title 54 are commonly referred to as section 106 requirements (see section 106 of the National Historic Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) as in effect before the repeal of that section).

.

(b)

Title 49 amendment

Section 303 of title 49, United States Code, as amended by section 1301, is amended by adding at the end the following:

(f)

References to past transportation environmental authorities

(1)

Section 4(f) requirements

The requirements of this section are commonly referred to as section 4(f) requirements (see section 4(f) of the Department of Transportation Act (Public Law 89–670; 80 Stat. 934) as in effect before the repeal of that section).

(2)

Section 106 requirements

The requirements of section 306108 of title 54 are commonly referred to as section 106 requirements (see section 106 of the National Historic Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) as in effect before the repeal of that section).

.

1303.

Treatment of certain bridges under preservation requirements

(a)

Preservation of parklands

Section 138 of title 23, United States Code, as amended by section 1302, is amended by adding at the end the following:

(e)

Bridge exemption from consideration

A common post-1945 concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) that is exempt from individual review under section 306108 of title 54 shall be exempt from consideration under this section.

.

(b)

Policy on lands, wildlife and waterfowl refuges, and historic sites

Section 303 of title 49, United States Code, as amended by section 1302, is amended by adding at the end the following:

(g)

Bridge exemption from consideration

A common post-1945 concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) that is exempt from individual review under section 306108 of title 54 shall be exempt from consideration under this section.

.

1304.

Efficient environmental reviews for project decisionmaking

(a)

Definitions

Section 139(a) of title 23, United States Code, is amended—

(1)

by striking paragraph (5) and inserting the following:

(5)

Multimodal project

The term multimodal project means a project that requires the approval of more than 1 Department of Transportation operating administration or secretarial office.

; and

(2)

by striking paragraph (6) and inserting the following:

(6)

Project

(A)

In general

The term project means any highway project, public transportation capital project, or multimodal project that, if implemented as proposed by the project sponsor, would require approval by any operating administration or secretarial office within the Department of Transportation.

(B)

Considerations

In determining whether a project is a project under subparagraph (A), the Secretary shall take into account, if known, any sources of Federal funding or financing identified by the project sponsor, including any discretionary grant, loan, and loan guarantee programs administered by the Department of Transportation.

.

(b)

Applicability

Section 139(b)(3) of title 23, United States Code, is amended—

(1)

in subparagraph (A) in the matter preceding clause (i) by striking initiate a rulemaking to; and

(2)

by striking subparagraph (B) and inserting the following:

(B)

Requirements

In carrying out subparagraph (A), the Secretary shall ensure that programmatic reviews—

(i)

promote transparency, including the transparency of—

(I)

the analyses and data used in the environmental reviews;

(II)

the treatment of any deferred issues raised by agencies or the public; and

(III)

the temporal and spatial scales to be used to analyze issues under subclauses (I) and (II);

(ii)

use accurate and timely information, including through establishment of—

(I)

criteria for determining the general duration of the usefulness of the review; and

(II)

a timeline for updating an out-of-date review;

(iii)

describe—

(I)

the relationship between any programmatic analysis and future tiered analysis; and

(II)

the role of the public in the creation of future tiered analysis;

(iv)

are available to other relevant Federal and State agencies, Indian tribes, and the public; and

(v)

provide notice and public comment opportunities consistent with applicable requirements.

.

(c)

Federal lead agency

Section 139(c) of title 23, United States Code, is amended—

(1)

in paragraph (1)(A) by inserting , or an operating administration thereof designated by the Secretary, after Department of Transportation; and

(2)

in paragraph (6)—

(A)

in subparagraph (A) by striking and at the end;

(B)

in subparagraph (B) by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(C)

to consider and respond to comments received from participating agencies on matters within the special expertise or jurisdiction of those agencies.

.

(d)

Participating agencies

(1)

Invitation

Section 139(d)(2) of title 23, United States Code, is amended by striking The lead agency shall identify, as early as practicable in the environmental review process for a project, and inserting Not later than 45 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency shall identify.

(2)

Single NEPA document

Section 139(d) of title 23, United States Code, is amended by adding at the end the following:

(8)

Single NEPA document

(A)

In general

Except as inconsistent with paragraph (7), to the maximum extent practicable and consistent with Federal law, all Federal permits and reviews for a project shall rely on a single environment document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under the leadership of the lead agency.

(B)

Use of document

(i)

In general

To the maximum extent practicable, the lead agency shall develop an environmental document sufficient to satisfy the requirements for any Federal approval or other Federal action required for the project, including permits issued by other Federal agencies.

(ii)

Cooperation of participating agencies

Other participating agencies shall cooperate with the lead agency and provide timely information to help the lead agency carry out this subparagraph.

(C)

Treatment as participating and cooperating agencies

A Federal agency required to make an approval or take an action for a project, as described in subparagraph (B), shall work with the lead agency for the project to ensure that the agency making the approval or taking the action is treated as being both a participating and cooperating agency for the project.

(9)

Participating agency responsibilities

An agency participating in the environmental review process under this section shall—

(A)

provide comments, responses, studies, or methodologies on those areas within the special expertise or jurisdiction of the agency; and

(B)

use the process to address any environmental issues of concern to the agency.

.

(e)

Project initiation

Section 139(e) of title 23, United States Code, is amended—

(1)

in paragraph (1) by inserting (including any additional information that the project sponsor considers to be important to initiate the process for the proposed project) after general location of the proposed project; and

(2)

by adding at the end the following:

(3)

Review of application

Not later than 45 days after the date on which the Secretary receives notification under paragraph (1), the Secretary shall provide to the project sponsor a written response that, as applicable—

(A)

describes the determination of the Secretary—

(i)

to initiate the environmental review process, including a timeline and an expected date for the publication in the Federal Register of the relevant notice of intent; or

(ii)

to decline the application, including an explanation of the reasons for that decision; or

(B)

requests additional information, and provides to the project sponsor an accounting regarding what documentation is necessary to initiate the environmental review process.

(4)

Request to designate a lead agency

(A)

In general

Any project sponsor may submit to the Secretary a request to designate the operating administration or secretarial office within the Department of Transportation with the expertise on the proposed project to serve as the Federal lead agency for the project.

(B)

Secretarial action

(i)

In general

If the Secretary receives a request under subparagraph (A), the Secretary shall respond to the request not later than 45 days after the date of receipt.

(ii)

Requirements

The response under clause (i) shall—

(I)

approve the request;

(II)

deny the request, with an explanation of the reasons for the denial; or

(III)

require the submission of additional information.

(iii)

Additional information

If additional information is submitted in accordance with clause (ii)(III), the Secretary shall respond to the submission not later than 45 days after the date of receipt.

(5)

Environmental checklist

(A)

Development

The lead agency for a project, in consultation with participating agencies, shall develop, as appropriate, a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of the project.

(B)

Purpose

The purposes of the checklist are—

(i)

to identify agencies and organizations that can provide information about natural, cultural, and historic resources;

(ii)

to develop the information needed to determine the range of alternatives; and

(iii)

to improve interagency collaboration to help expedite the permitting process for the lead agency and participating agencies.

.

(f)

Purpose and need

Section 139(f) of title 23, United States Code, is amended—

(1)

in the subsection heading by inserting ; Alternatives Analysis after Need; and

(2)

in paragraph (4)—

(A)

by striking subparagraph (A) and inserting the following:

(A)

Participation

(i)

In general

As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in determining the range of alternatives to be considered for a project.

(ii)

Comments of participating agencies

To the maximum extent practicable and consistent with applicable law, each participating agency receiving an opportunity for involvement under clause (i) shall limit the comments of the agency to subject matter areas within the special expertise or jurisdiction of the agency.

(iii)

Effect of nonparticipation

A participating agency that declines to participate in the development of the purpose and need and range of alternatives for a project shall be required to comply with the schedule developed under subsection (g)(1)(B).

;

(B)

in subparagraph (B)—

(i)

by striking Following participation under paragraph (1) and inserting the following:

(i)

Determination

Following participation under subparagraph (A)

; and

(ii)

by adding at the end the following:

(ii)

Use

To the maximum extent practicable and consistent with Federal law, the range of alternatives determined for a project under clause (i) shall be used for all Federal environmental reviews and permit processes required for the project unless the alternatives must be modified—

(I)

to address significant new information or circumstances, and the lead agency and participating agencies agree that the alternatives must be modified to address the new information or circumstances; or

(II)

for the lead agency or a participating agency to fulfill the responsibilities of the agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in a timely manner.

; and

(C)

by adding at the end the following:

(E)

Reduction of duplication

(i)

In general

In carrying out this paragraph, the lead agency shall reduce duplication, to the maximum extent practicable, between—

(I)

the evaluation of alternatives under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(II)

the evaluation of alternatives in the metropolitan transportation planning process under section 134 or an environmental review process carried out under State law (referred to in this subparagraph as a ‘State environmental review process’).

(ii)

Consideration of alternatives

The lead agency may eliminate from detailed consideration an alternative proposed in an environmental impact statement regarding a project if, as determined by the lead agency—

(I)

the alternative was considered in a metropolitan planning process or a State environmental review process by a metropolitan planning organization or a State or local transportation agency, as applicable;

(II)

the lead agency provided guidance to the metropolitan planning organization or State or local transportation agency, as applicable, regarding analysis of alternatives in the metropolitan planning process or State environmental review process, including guidance on the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Federal law necessary for approval of the project;

(III)

the applicable metropolitan planning process or State environmental review process included an opportunity for public review and comment;

(IV)

the applicable metropolitan planning organization or State or local transportation agency rejected the alternative after considering public comments;

(V)

the Federal lead agency independently reviewed the alternative evaluation approved by the applicable metropolitan planning organization or State or local transportation agency; and

(VI)

the Federal lead agency determined—

(aa)

in consultation with Federal participating or cooperating agencies, that the alternative to be eliminated from consideration is not necessary for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or

(bb)

with the concurrence of Federal agencies with jurisdiction over a permit or approval required for a project, that the alternative to be eliminated from consideration is not necessary for any permit or approval under any other Federal law.

.

(g)

Coordination and Scheduling

(1)

Coordination plan

Section 139(g)(1) of title 23, United States Code, is amended—

(A)

in subparagraph (A) by striking The lead agency and inserting Not later than 90 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency; and

(B)

in subparagraph (B)(i) by striking may establish as part of the coordination plan and inserting shall establish as part of such coordination plan.

(2)

Deadlines for decisions under other laws

Section 139(g)(3) of title 23, United States Code, is amended in the matter preceding subparagraph (A) by inserting and publish on the Internet after House of Representatives.

(h)

Issue identification and resolution

(1)

Issue resolution

Section 139(h) of title 23, United States Code, is amended—

(A)

by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and

(B)

by inserting after paragraph (3) the following:

(4)

Issue resolution

Any issue resolved by the lead agency with the concurrence of participating agencies may not be reconsidered unless significant new information or circumstances arise.

.

(2)

Failure to assure

Section 139(h)(5)(C) of title 23, United States Code (as redesignated by paragraph (1)(A)), is amended by striking paragraph (5) and and inserting paragraph (6).

(3)

Financial penalty provisions

Section 139(h)(7)(B) of title 23, United States Code (as redesignated by paragraph (1)(A)), is amended—

(A)

in clause (i)(I) by striking under section 106(i) is required and inserting is required under subsection (h) or (i) of section 106; and

(B)

by striking clause (ii) and inserting the following:

(ii)

Description of date

The date referred to in clause (i) is—

(I)

the date that is 30 days after the date for rendering a decision as described in the project schedule established pursuant to subsection (g)(1)(B);

(II)

if no schedule exists, the later of—

(aa)

the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and

(bb)

the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or

(III)

a modified date in accordance with subsection (g)(1)(D).

.

(i)

Assistance to affected State and Federal agencies

(1)

In general

Section 139(j) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following:

(1)

In general

(A)

Authority to provide funds

The Secretary may allow a public entity receiving financial assistance from the Department of Transportation under this title or chapter 53 of title 49 to provide funds to Federal agencies (including the Department), State agencies, and Indian tribes participating in the environmental review process for the project or program.

(B)

Use of funds

Funds referred to in subparagraph (A) may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes, including planning, approval, and consultation processes for the project or program.

.

(2)

Activities eligible for funding

Section 139(j)(2) of title 23, United States Code, is amended by inserting activities directly related to the environmental review process, before dedicated staffing,.

(3)

Agreement

Section 139(j) of title 23, United States Code, is amended by striking paragraph (6) and inserting the following:

(6)

Agreement

Prior to providing funds approved by the Secretary for dedicated staffing at an affected agency under paragraphs (1) and (2), the affected agency and the requesting public entity shall enter into an agreement that establishes the projects and priorities to be addressed by the use of the funds.

.

(j)

Accelerated decisionmaking; improving transparency in environmental reviews

(1)

In general

Section 139 of title 23, United States Code, is amended by adding at the end the following:

(n)

Accelerated decisionmaking in environmental reviews

(1)

In general

In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the lead agency may write on errata sheets attached to the statement instead of rewriting the draft statement, subject to the condition that the errata sheets—

(A)

cite the sources, authorities, and reasons that support the position of the agency; and

(B)

if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.

(2)

Single document

To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless—

(A)

the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or

(B)

there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action.

(o)

Improving transparency in environmental reviews

(1)

In general

Not later than 18 months after the date of enactment of this subsection, the Secretary shall—

(A)

use the searchable Internet website maintained under section 41003(b) of the FAST Act

(i)

to make publicly available the status and progress of projects requiring an environmental assessment or an environmental impact statement with respect to compliance with applicable requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Federal, State, or local approval required for those projects; and

(ii)

to make publicly available the names of participating agencies not participating in the development of a project purpose and need and range of alternatives under subsection (f); and

(B)

issue reporting standards to meet the requirements of subparagraph (A).

(2)

Federal, State, and local agency participation

(A)

Federal agencies

A Federal agency participating in the environmental review or permitting process for a project shall provide to the Secretary information regarding the status and progress of the approval of the project for publication on the Internet website referred to in paragraph (1)(A), consistent with the standards established under paragraph (1)(B).

(B)

State and local agencies

The Secretary shall encourage State and local agencies participating in the environmental review permitting process for a project to provide information regarding the status and progress of the approval of the project for publication on the Internet website referred to in paragraph (1)(A).

(3)

States with delegated authority

A State with delegated authority for responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to section 327 shall be responsible for supplying to the Secretary project development and compliance status for all applicable projects.

.

(2)

Conforming amendment

Section 1319 of MAP–21 (42 U.S.C. 4332a), and the item relating to that section in the table of contents contained in section 1(c) of that Act, are repealed.

(k)

Implementation of programmatic compliance

(1)

Rulemaking

Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a rulemaking to implement the provisions of section 139(b)(3) of title 23, United States Code, as amended by this section.

(2)

Consultation

Before initiating the rulemaking under paragraph (1), the Secretary shall consult with relevant Federal agencies, relevant State resource agencies, State departments of transportation, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches.

(3)

Requirements

In carrying out this subsection, the Secretary shall ensure that the rulemaking meets the requirements of section 139(b)(3)(B) of title 23, United States Code, as amended by this section.

(4)

Comment period

The Secretary shall—

(A)

allow not fewer than 60 days for public notice and comment on the proposed rule; and

(B)

address any comments received under this subsection.

1305.

Integration of planning and environmental review

Section 168 of title 23, United States Code, is amended to read as follows:

168.

Integration of planning and environmental review

(a)

Definitions

In this section, the following definitions apply:

(1)

Environmental review process

The term environmental review process has the meaning given the term in section 139(a).

(2)

Lead agency

The term lead agency has the meaning given the term in section 139(a).

(3)

Planning product

The term planning product means a decision, analysis, study, or other documented information that is the result of an evaluation or decisionmaking process carried out by a metropolitan planning organization or a State, as appropriate, during metropolitan or statewide transportation planning under section 134 or 135, respectively.

(4)

Project

The term project has the meaning given the term in section 139(a).

(5)

Project sponsor

The term project sponsor has the meaning given the term in section 139(a).

(6)

Relevant agency

The term relevant agency means the agency with authority under subparagraph (A) or (B) of subsection (b)(1).

(b)

Adoption or incorporation by reference of planning products for use in NEPA proceedings

(1)

In general

Subject to subsection (d) and to the maximum extent practicable and appropriate, the following agencies may adopt or incorporate by reference and use a planning product in proceedings relating to any class of action in the environmental review process of the project:

(A)

The lead agency for a project, with respect to an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(B)

The cooperating agency with responsibility under Federal law, with respect to the process for and completion of any environmental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if consistent with that law.

(2)

Identification

If the relevant agency makes a determination to adopt or incorporate by reference and use a planning product, the relevant agency shall identify the agencies that participated in the development of the planning products.

(3)

Adoption or incorporation by reference of planning products

The relevant agency may—

(A)

adopt or incorporate by reference an entire planning product under paragraph (1); or

(B)

select portions of a planning project under paragraph (1) for adoption or incorporation by reference.

(4)

Timing

A determination under paragraph (1) with respect to the adoption or incorporation by reference of a planning product may—

(A)

be made at the time the relevant agencies decide the appropriate scope of environmental review for the project; or

(B)

occur later in the environmental review process, as appropriate.

(c)

Applicability

(1)

Planning decisions

The relevant agency in the environmental review process may adopt or incorporate by reference decisions from a planning product, including—

(A)

whether tolling, private financial assistance, or other special financial measures are necessary to implement the project;

(B)

a decision with respect to general travel corridor or modal choice, including a decision to implement corridor or subarea study recommendations to advance different modal solutions as separate projects with independent utility;

(C)

the purpose and the need for the proposed action;

(D)

preliminary screening of alternatives and elimination of unreasonable alternatives;

(E)

a basic description of the environmental setting;

(F)

a decision with respect to methodologies for analysis; and

(G)

an identification of programmatic level mitigation for potential impacts of a project, including a programmatic mitigation plan developed in accordance with section 169, that the relevant agency determines are more effectively addressed on a national or regional scale, including—

(i)

measures to avoid, minimize, and mitigate impacts at a national or regional scale of proposed transportation investments on environmental resources, including regional ecosystem and water resources; and

(ii)

potential mitigation activities, locations, and investments.

(2)

Planning analyses

The relevant agency in the environmental review process may adopt or incorporate by reference analyses from a planning product, including—

(A)

travel demands;

(B)

regional development and growth;

(C)

local land use, growth management, and development;

(D)

population and employment;

(E)

natural and built environmental conditions;

(F)

environmental resources and environmentally sensitive areas;

(G)

potential environmental effects, including the identification of resources of concern and potential direct, indirect, and cumulative effects on those resources; and

(H)

mitigation needs for a proposed project, or for programmatic level mitigation, for potential effects that the lead agency determines are most effectively addressed at a regional or national program level.

(d)

Conditions

The relevant agency in the environmental review process may adopt or incorporate by reference a planning product under this section if the relevant agency determines, with the concurrence of the lead agency and, if the planning product is necessary for a cooperating agency to issue a permit, review, or approval for the project, with the concurrence of the cooperating agency, that the following conditions have been met:

(1)

The planning product was developed through a planning process conducted pursuant to applicable Federal law.

(2)

The planning product was developed in consultation with appropriate Federal and State resource agencies and Indian tribes.

(3)

The planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects, including effects on the human and natural environment.

(4)

The planning process included public notice that the planning products produced in the planning process may be adopted during a subsequent environmental review process in accordance with this section.

(5)

During the environmental review process, the relevant agency has—

(A)

made the planning documents available for public review and comment by members of the general public and Federal, State, local, and tribal governments that may have an interest in the proposed project;

(B)

provided notice of the intention of the relevant agency to adopt or incorporate by reference the planning product; and

(C)

considered any resulting comments.

(6)

There is no significant new information or new circumstance that has a reasonable likelihood of affecting the continued validity or appropriateness of the planning product.

(7)

The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies.

(8)

The planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process.

(9)

The planning product is appropriate for adoption or incorporation by reference and use in the environmental review process for the project and is incorporated in accordance with, and is sufficient to meet the requirements of, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1502.21 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the FAST Act).

(10)

The planning product was approved within the 5-year period ending on the date on which the information is adopted or incorporated by reference.

(e)

Effect of adoption or incorporation by reference

Any planning product adopted or incorporated by reference by the relevant agency in accordance with this section may be—

(1)

incorporated directly into an environmental review process document or other environmental document; and

(2)

relied on and used by other Federal agencies in carrying out reviews of the project.

(f)

Rules of construction

(1)

In general

This section does not make the environmental review process applicable to the transportation planning process conducted under this title and chapter 53 of title 49.

(2)

Transportation planning activities

Initiation of the environmental review process as a part of, or concurrently with, transportation planning activities does not subject transportation plans and programs to the environmental review process.

(3)

Planning products

This section does not affect the use of planning products in the environmental review process pursuant to other authorities under any other provision of law or restrict the initiation of the environmental review process during planning.

.

1306.

Development of programmatic mitigation plans

Section 169(f) of title 23, United States Code, is amended—

(1)

by striking may use and inserting shall give substantial weight to; and

(2)

by inserting or other Federal environmental law before the period at the end.

1307.

Technical assistance for States

Section 326 of title 23, United States Code, is amended—

(1)

in subsection (c)—

(A)

by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and

(B)

by inserting after paragraph (1) the following:

(2)

Assistance to States

On request of a Governor of a State, the Secretary shall provide to the State technical assistance, training, or other support relating to—

(A)

assuming responsibility under subsection (a);

(B)

developing a memorandum of understanding under this subsection; or

(C)

addressing a responsibility in need of corrective action under subsection (d)(1)(B).

; and

(2)

in subsection (d), by striking paragraph (1) and inserting the following:

(1)

Termination by Secretary

The Secretary may terminate the participation of any State in the program if—

(A)

the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State;

(B)

the Secretary provides to the State—

(i)

a notification of the determination of noncompliance;

(ii)

a period of not less than 120 days to take such corrective action as the Secretary determines to be necessary to comply with the applicable agreement; and

(iii)

on request of the Governor of the State, a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph (A); and

(C)

the State, after the notification and period described in clauses (i) and (ii) of subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary.

.

1308.

Surface transportation project delivery program

Section 327 of title 23, United States Code, is amended—

(1)

in subsection (a)(2)(B)(iii) by striking (42 U.S.C. 13 4321 et seq.) and inserting (42 U.S.C. 4321 et seq.);

(2)

in subsection (c)(4) by inserting reasonably before considers necessary;

(3)

in subsection (e) by inserting and without further approval of after in lieu of;

(4)

in subsection (g)—

(A)

by striking paragraph (1) and inserting the following:

(1)

In general

To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)(2)), for each State participating in the program under this section, the Secretary shall—

(A)

not later than 180 days after the date of execution of the agreement, meet with the State to review implementation of the agreement and discuss plans for the first annual audit;

(B)

conduct annual audits during each of the first 4 years of State participation; and

(C)

ensure that the time period for completing an annual audit, from initiation to completion (including public comment and responses to those comments), does not exceed 180 days.

; and

(B)

by adding at the end the following:

(3)

Audit team

(A)

In general

An audit conducted under paragraph (1) shall be carried out by an audit team determined by the Secretary, in consultation with the State, in accordance with subparagraph (B).

(B)

Consultation

Consultation with the State under subparagraph (A) shall include a reasonable opportunity for the State to review and provide comments on the proposed members of the audit team.

;

(5)

in subsection (j) by striking paragraph (1) and inserting the following:

(1)

Termination by Secretary

The Secretary may terminate the participation of any State in the program if—

(A)

the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State;

(B)

the Secretary provides to the State—

(i)

a notification of the determination of noncompliance;

(ii)

a period of not less than 120 days to take such corrective action as the Secretary determines to be necessary to comply with the applicable agreement; and

(iii)

on request of the Governor of the State, a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph (A); and

(C)

the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary.

; and

(6)

by adding at the end the following:

(k)

Capacity building

The Secretary, in cooperation with representatives of State officials, may carry out education, training, peer-exchange, and other initiatives as appropriate—

(1)

to assist States in developing the capacity to participate in the assignment program under this section; and

(2)

to promote information sharing and collaboration among States that are participating in the assignment program under this section.

(l)

Relationship to locally administered projects

A State granted authority under this section may, as appropriate and at the request of a local government—

(1)

exercise such authority on behalf of the local government for a locally administered project; or

(2)

provide guidance and training on consolidating and minimizing the documentation and environmental analyses necessary for sponsors of a locally administered project to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any comparable requirements under State law.

.

1309.

Program for eliminating duplication of environmental reviews

(a)

Purpose

The purpose of this section is to eliminate duplication of environmental reviews and approvals under State laws and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(b)

In general

Chapter 3 of title 23, United States Code, is amended by adding at the end the following:

330.

Program for eliminating duplication of environmental reviews

(a)

Establishment

(1)

In general

The Secretary shall establish a pilot program to authorize States that have assumed responsibilities of the Secretary under section 327 and are approved to participate in the program under this section to conduct environmental reviews and make approvals for projects under State environmental laws and regulations instead of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), consistent with the requirements of this section.

(2)

Participating States

The Secretary may select not more than 5 States to participate in the program.

(3)

Alternative environmental review and approval procedures defined

In this section, the term alternative environmental review and approval procedures means—

(A)

substitution of 1 or more State environmental laws for—

(i)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(ii)

any provisions of section 139 establishing procedures for the implementation of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are under the authority of the Secretary, as the Secretary, in consultation with the State, considers appropriate; and

(iii)

related regulations and Executive orders; and

(B)

substitution of 1 or more State environmental regulations for—

(i)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(ii)

any provisions of section 139 establishing procedures for the implementation of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are under the authority of the Secretary, as the Secretary, in consultation with the State, considers appropriate; and

(iii)

related regulations and Executive orders.

(b)

Application

To be eligible to participate in the program, a State shall submit to the Secretary an application containing such information as the Secretary may require, including—

(1)

a full and complete description of the proposed alternative environmental review and approval procedures of the State, including—

(A)

the procedures the State uses to engage the public and consider alternatives to the proposed action; and

(B)

the extent to which the State considers environmental consequences or impacts on resources potentially impacted by the proposed action (such as air, water, or species);

(2)

each Federal requirement described in subsection (a)(3) that the State is seeking to substitute;

(3)

each State law or regulation that the State intends to substitute for such Federal requirement;

(4)

an explanation of the basis for concluding that the State law or regulation is at least as stringent as the Federal requirement described in subsection (a)(3);

(5)

a description of the projects or classes of projects for which the State anticipates exercising the authority that may be granted under the program;

(6)

verification that the State has the financial resources necessary to carry out the authority that may be granted under the program;

(7)

evidence of having sought, received, and addressed comments on the proposed application from the public; and

(8)

any such additional information as the Secretary, or, with respect to section (d)(1)(A), the Secretary in consultation with the Chair, may require.

(c)

Review of application

In accordance with subsection (d), the Secretary shall—

(1)

review and accept public comments on an application submitted under subsection (b);

(2)

approve or disapprove the application not later than 120 days after the date of receipt of an application that the Secretary determines is complete; and

(3)

transmit to the State notice of the approval or disapproval, together with a statement of the reasons for the approval or disapproval.

(d)

Approval of application

(1)

In general

The Secretary shall approve an application submitted under subsection (b) only if—

(A)

the Secretary, with the concurrence of the Chair and after considering any public comments received pursuant to subsection (c), determines that the laws and regulations of the State described in the application are at least as stringent as the Federal requirements described in subsection (a)(3);

(B)

the Secretary, after considering any public comments received pursuant to subsection (c), determines that the State has the capacity, including financial and personnel, to assume the responsibility;

(C)

the State has executed an agreement with the Secretary in accordance with section 327; and

(D)

the State has executed an agreement with the Secretary under this section that—

(i)

has been executed by the Governor or the top-ranking transportation official in the State who is charged with responsibility for highway construction;

(ii)

is in such form as the Secretary may prescribe;

(iii)

provides that the State—

(I)

agrees to assume the responsibilities, as identified by the Secretary, under this section;

(II)

expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts under subsection (e)(1) for the compliance, discharge, and enforcement of any responsibility under this section;

(III)

certifies that State laws (including regulations) are in effect that—

(aa)

authorize the State to take the actions necessary to carry out the responsibilities being assumed; and

(bb)

are comparable to section 552 of title 5, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and

(IV)

agrees to maintain the financial resources necessary to carry out the responsibilities being assumed;

(iv)

requires the State to provide to the Secretary any information the Secretary reasonably considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State;

(v)

has a term of not more than 5 years; and

(vi)

is renewable.

(2)

Exclusion

The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to a decision by the Secretary to approve or disapprove an application submitted under this section.

(e)

Judicial review

(1)

In general

The United States district courts shall have exclusive jurisdiction over any civil action against a State relating to the failure of the State—

(A)

to meet the requirements of this section; or

(B)

to follow the alternative environmental review and approval procedures approved pursuant to this section.

(2)

Limitation on review

(A)

In general

Notwithstanding any other provision of law, a claim seeking judicial review of a permit, license, or approval issued by a State under this section shall be barred unless the claim is filed not later than 2 years after the date of publication in the Federal Register by the Secretary of a notice that the permit, license, or approval is final pursuant to the law under which the action is taken.

(B)

Deadlines

(i)

Notification

The State shall notify the Secretary of the final action of the State not later than 10 days after the final action is taken.

(ii)

Publication

The Secretary shall publish the notice of final action in the Federal Register not later than 30 days after the date of receipt of the notice under clause (i).

(C)

Savings provision

Nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or approval.

(3)

New information

(A)

In general

A State shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under section 771.130 of title 23, Code of Federal Regulations (or successor regulations).

(B)

Treatment of final agency action

(i)

In general

The final agency action that follows preparation of a supplemental environmental impact statement, if required, shall be considered a separate final agency action, and the deadline for filing a claim for judicial review of the action shall be 2 years after the date of publication in the Federal Register by the Secretary of a notice announcing such action.

(ii)

Deadlines

(I)

Notification

The State shall notify the Secretary of the final action of the State not later than 10 days after the final action is taken.

(II)

Publication

The Secretary shall publish the notice of final action in the Federal Register not later than 30 days after the date of receipt of the notice under subclause (I).

(f)

Election

A State participating in the programs under this section and section 327, at the discretion of the State, may elect to apply the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) instead of the alternative environmental review and approval procedures of the State.

(g)

Adoption or incorporation by reference of documents

To the maximum extent practicable and consistent with Federal law, other Federal agencies with authority over a project subject to this section shall adopt or incorporate by reference documents produced by a participating State under this section to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(h)

Relationship to locally administered projects

(1)

In general

A State with an approved program under this section, at the request of a local government, may exercise authority under that program on behalf of up to 25 local governments for locally administered projects.

(2)

Scope

For up to 25 local governments selected by a State with an approved program under this section, the State shall be responsible for ensuring that any environmental review, consultation, or other action required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the State program, or both, meets the requirements of such Act or program.

(i)

Review and termination

(1)

In general

A State program approved under this section shall at all times be in accordance with the requirements of this section.

(2)

Review

The Secretary shall review each State program approved under this section not less than once every 5 years.

(3)

Public notice and comment

In conducting the review process under paragraph (2), the Secretary shall provide notice and an opportunity for public comment.

(4)

Withdrawal of approval

If the Secretary, in consultation with the Chair, determines at any time that a State is not administering a State program approved under this section in accordance with the requirements of this section, the Secretary shall so notify the State, and if appropriate corrective action is not taken within a reasonable time, not to exceed 90 days, the Secretary shall withdraw approval of the State program.

(5)

Extensions and terminations

At the conclusion of the review process under paragraph (2), the Secretary may extend for an additional 5-year period or terminate the authority of a State under this section to substitute the laws and regulations of the State for the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(j)

Report to Congress

Not later than 2 years after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the administration of the program, including—

(1)

the number of States participating in the program;

(2)

the number and types of projects for which each State participating in the program has used alternative environmental review and approval procedures;

(3)

a description and assessment of whether implementation of the program has resulted in more efficient review of projects; and

(4)

any recommendations for modifications to the program.

(k)

Sunset

The program shall terminate 12 years after the date of enactment of this section.

(l)

Definitions

In this section, the following definitions apply:

(1)

Chair

The term Chair means the Chair of the Council on Environmental Quality.

(2)

Multimodal project

The term multimodal project has the meaning given that term in section 139(a).

(3)

Program

The term program means the pilot program established under this section.

(4)

Project

The term project means—

(A)

a project requiring approval under this title, chapter 53 of subtitle III of title 49, or subtitle V of title 49; and

(B)

a multimodal project.

.

(c)

Rulemaking

(1)

In general

Not later than 270 days after the date of enactment of this Act, the Secretary, in consultation with the Chair of the Council on Environmental Quality, shall promulgate regulations to implement the requirements of section 330 of title 23, United States Code, as added by this section.

(2)

Determination of stringency

As part of the rulemaking required under this subsection, the Chair shall—

(A)

establish the criteria necessary to determine that a State law or regulation is at least as stringent as a Federal requirement described in section 330(a)(3) of title 23, United States Code; and

(B)

ensure that the criteria, at a minimum—

(i)

provide for protection of the environment;

(ii)

provide opportunity for public participation and comment, including access to the documentation necessary to review the potential impact of a project; and

(iii)

ensure a consistent review of projects that would otherwise have been covered under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(d)

Clerical amendment

The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following:

330. Program for eliminating duplication of environmental reviews.

.

1310.

Application of categorical exclusions for multimodal projects

Section 304 of title 49, United States Code, is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)—

(i)

by striking operating authority that and inserting operating administration or secretarial office that has expertise but; and

(ii)

by inserting proposed multimodal after with respect to a; and

(B)

by striking paragraph (2) and inserting the following:

(2)

Lead authority

The term lead authority means a Department of Transportation operating administration or secretarial office that has the lead responsibility for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a proposed multimodal project.

;

(2)

in subsection (b) by inserting or title 23 after under this title;

(3)

by striking subsection (c) and inserting the following:

(c)

Application of Categorical Exclusions for Multimodal Projects

In considering the environmental impacts of a proposed multimodal project, a lead authority may apply categorical exclusions designated under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in implementing regulations or procedures of a cooperating authority for a proposed multimodal project, subject to the conditions that—

(1)

the lead authority makes a determination, with the concurrence of the cooperating authority—

(A)

on the applicability of a categorical exclusion to a proposed multimodal project; and

(B)

that the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this section;

(2)

the lead authority follows the implementing regulations of the cooperating authority or procedures under that Act; and

(3)

the lead authority determines that—

(A)

the proposed multimodal project does not individually or cumulatively have a significant impact on the environment; and

(B)

extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under that Act.

; and

(4)

by striking subsection (d) and inserting the following:

(d)

Cooperating Authority Expertise

A cooperating authority shall provide expertise to the lead authority on aspects of the multimodal project in which the cooperating authority has expertise.

.

1311.

Accelerated decisionmaking in environmental reviews

(a)

In general

Title 49, United States Code, is amended by inserting after section 304 the following:

304a.

Accelerated decisionmaking in environmental reviews

(a)

In general

In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the lead agency may write on errata sheets attached to the statement, instead of rewriting the draft statement, subject to the condition that the errata sheets—

(1)

cite the sources, authorities, and reasons that support the position of the agency; and

(2)

if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.

(b)

Single document

To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless—

(1)

the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or

(2)

there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action.

(c)

Adoption and incorporation by reference of documents

(1)

Avoiding duplication

To prevent duplication of analyses and support expeditious and efficient decisions, the operating administrations of the Department of Transportation shall use adoption and incorporation by reference in accordance with this subsection.

(2)

Adoption of documents of other operating administrations

An operating administration or a secretarial office within the Department of Transportation may adopt a draft environmental impact statement, an environmental assessment, or a final environmental impact statement of another operating administration for the use of the adopting operating administration when preparing an environmental assessment or final environmental impact statement for a project without recirculating the document for public review, if—

(A)

the adopting operating administration certifies that the proposed action is substantially the same as the project considered in the document to be adopted;

(B)

the other operating administration concurs with such decision; and

(C)

such actions are consistent with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(3)

Incorporation by reference

An operating administration or secretarial office within the Department of Transportation may incorporate by reference all or portions of a draft environmental impact statement, an environmental assessment, or a final environmental impact statement for the use of the adopting operating administration when preparing an environmental assessment or final environmental impact statement for a project if—

(A)

the incorporated material is cited in the environmental assessment or final environmental impact statement and the contents of the incorporated material are briefly described;

(B)

the incorporated material is reasonably available for inspection by potentially interested persons within the time allowed for review and comment; and

(C)

the incorporated material does not include proprietary data that is not available for review and comment.

.

(b)

Conforming amendment

The analysis for chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 304 the following:

304a. Accelerated decisionmaking in environmental reviews.

.

1312.

Improving State and Federal agency engagement in environmental reviews

(a)

In general

Title 49, United States Code, is amended by inserting after section 306 the following:

307.

Improving State and Federal agency engagement in environmental reviews

(a)

In general

(1)

Requests to provide funds

A public entity receiving financial assistance from the Department of Transportation for 1 or more projects, or for a program of projects, for a public purpose may request that the Secretary allow the public entity to provide funds to Federal agencies, including the Department, State agencies, and Indian tribes participating in the environmental planning and review process for the project, projects, or program.

(2)

Use of funds

The funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes, including planning, approval, and consultation processes for the project, projects, or program.

(b)

Activities eligible for funding

Activities for which funds may be provided under subsection (a) include transportation planning activities that precede the initiation of the environmental review process, activities directly related to the environmental review process, dedicated staffing, training of agency personnel, information gathering and mapping, and development of programmatic agreements.

(c)

Amounts

A request under subsection (a) may be approved only for the additional amounts that the Secretary determines are necessary for the Federal agencies, State agencies, or Indian tribes participating in the environmental review process to timely conduct the review.

(d)

Agreements

Prior to providing funds approved by the Secretary for dedicated staffing at an affected Federal agency under subsection (a), the affected Federal agency and the requesting public entity shall enter into an agreement that establishes a process to identify projects or priorities to be addressed by the use of the funds.

(e)

Guidance

(1)

In general

Not later than 180 days after the date of enactment of this section, the Secretary shall issue guidance to implement this section.

(2)

Factors

As part of the guidance issued under paragraph (1), the Secretary shall ensure—

(A)

to the maximum extent practicable, that expediting and improving the process of environmental review and permitting through the use of funds accepted and expended under this section does not adversely affect the timeline for review and permitting by Federal agencies, State agencies, or Indian tribes of other entities that have not contributed funds under this section;

(B)

that the use of funds accepted under this section will not impact impartial decisionmaking with respect to environmental reviews or permits, either substantively or procedurally; and

(C)

that the Secretary maintains, and makes publicly available, including on the Internet, a list of projects or programs for which such review or permits have been carried out using funds authorized under this section.

(f)

Existing authority

Nothing in this section may be construed to conflict with section 139(j) of title 23.

.

(b)

Conforming amendment

The analysis for chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 306 the following:

307. Improving State and Federal agency engagement in environmental reviews.

.

1313.

Aligning Federal environmental reviews

(a)

In general

Title 49, United States Code, is amended by inserting after section 309 the following:

310.

Aligning Federal environmental reviews

(a)

Coordinated and concurrent environmental reviews

Not later than 1 year after the date of enactment of this section, the Department of Transportation, in coordination with the heads of Federal agencies likely to have substantive review or approval responsibilities under Federal law, shall develop a coordinated and concurrent environmental review and permitting process for transportation projects when initiating an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (in this section referred to as NEPA).

(b)

Contents

The coordinated and concurrent environmental review and permitting process developed under subsection (a) shall—

(1)

ensure that the Department of Transportation and agencies of jurisdiction possess sufficient information early in the review process to determine a statement of a transportation project’s purpose and need and range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project;

(2)

achieve early concurrence or issue resolution during the NEPA scoping process on the Department of Transportation’s statement of a project’s purpose and need, and during development of the environmental impact statement on the range of alternatives for analysis, that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration in order to meet an agency of jurisdiction’s obligations under a statute or Executive order; and

(3)

achieve concurrence or issue resolution in an expedited manner if circumstances arise that require a reconsideration of the purpose and need or range of alternatives considered during any Federal agency’s environmental or permitting review in order to meet an agency of jurisdiction’s obligations under a statute or Executive order.

(c)

Environmental checklist

(1)

In general

Not later than 90 days after the date of enactment of this section, the Secretary of Transportation and Federal agencies of jurisdiction likely to have substantive review or approval responsibilities on transportation projects shall jointly develop a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of a proposed project.

(2)

Purpose

The purpose of the checklist shall be to—

(A)

identify agencies of jurisdiction and cooperating agencies;

(B)

develop the information needed for the purpose and need and alternatives for analysis; and

(C)

improve interagency collaboration to help expedite the permitting process for the lead agency and agencies of jurisdiction.

(d)

Interagency collaboration

(1)

In general

Consistent with Federal environmental statutes, the Secretary of Transportation shall facilitate annual interagency collaboration sessions at the appropriate jurisdictional level to coordinate business plans and facilitate coordination of workload planning and workforce management.

(2)

Purpose of collaboration sessions

The interagency collaboration sessions shall ensure that agency staff is—

(A)

fully engaged;

(B)

utilizing the flexibility of existing regulations, policies, and guidance; and

(C)

identifying additional actions to facilitate high quality, efficient, and targeted environmental reviews and permitting decisions.

(3)

Focus of collaboration sessions

The interagency collaboration sessions, and the interagency collaborations generated by the sessions, shall focus on methods to—

(A)

work with State and local transportation entities to improve project planning, siting, and application quality; and

(B)

consult and coordinate with relevant stakeholders and Federal, tribal, State, and local representatives early in permitting processes.

(4)

Consultation

The interagency collaboration sessions shall include a consultation with groups or individuals representing State, tribal, and local governments that are engaged in the infrastructure permitting process.

(e)

Performance measurement

Not later than 1 year after the date of enactment of this section, the Secretary of Transportation, in coordination with relevant Federal agencies, shall establish a program to measure and report on progress toward aligning Federal reviews and reducing permitting and project delivery time as outlined in this section.

(f)

Reports

(1)

Report to Congress

Not later than 2 years after the date of enactment of this section and biennially thereafter, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—

(A)

progress in aligning Federal environmental reviews under this section; and

(B)

the impact this section has had on accelerating the environmental review and permitting process.

(2)

Inspector general report

Not later than 3 years after the date of enactment of this section, the Inspector General of the Department of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—

(A)

progress in aligning Federal environmental reviews under this section; and

(B)

the impact this section has had on accelerating the environmental review and permitting process.

(g)

Savings provision

This section shall not apply to any project subject to section 139 of title 23.

.

(b)

Conforming amendment

The analysis for chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 309 the following:

310. Aligning Federal environmental reviews.

.

1314.

Categorical exclusion for projects of limited Federal assistance

(a)

Adjustment for inflation

Section 1317 of MAP–21 (23 U.S.C. 109 note; Public Law 112–141) is amended—

(1)

in paragraph (1)(A) by inserting (as adjusted annually by the Secretary to reflect any increases in the Consumer Price Index prepared by the Department of Labor) after $5,000,000; and

(2)

in paragraph (1)(B) by inserting (as adjusted annually by the Secretary to reflect any increases in the Consumer Price Index prepared by the Department of Labor) after $30,000,000.

(b)

Retroactive application

The first adjustment made pursuant to the amendments made by subsection (a) shall—

(1)

be carried out not later than 60 days after the date of enactment of this Act; and

(2)

reflect the increase in the Consumer Price Index since July 1, 2012.

1315.

Programmatic agreement template

(a)

In general

Section 1318 of MAP–21 (23 U.S.C. 109 note; Public Law 112–141) is amended by adding at the end the following:

(e)

Programmatic agreement template

(1)

In general

The Secretary shall develop a template programmatic agreement described in subsection (d) that provides for efficient and adequate procedures for evaluating Federal actions described in section 771.117(c) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this subsection).

(2)

Use of template

The Secretary—

(A)

on receipt of a request from a State, shall use the template programmatic agreement developed under paragraph (1) in carrying out this section; and

(B)

on consent of the applicable State, may modify the template as necessary to address the unique needs and characteristics of the State.

(3)

Outcome measurements

The Secretary shall establish a method to verify that actions described in section 771.117(c) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this subsection), are evaluated and documented in a consistent manner by the State that uses the template programmatic agreement under this subsection.

.

(b)

Categorical exclusion determinations

Not later than 30 days after the date of enactment of this Act, the Secretary shall revise section 771.117(g) of title 23, Code of Federal Regulations, to allow a programmatic agreement under this section to include responsibility for making categorical exclusion determinations—

(1)

for actions described in subsections (c) and (d) of section 771.117 of title 23, Code of Federal Regulations; and

(2)

that meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), and are identified in the programmatic agreement.

1316.

Assumption of authorities

(a)

In general

The Secretary shall use the authority under section 106(c) of title 23, United States Code, to the maximum extent practicable, to allow a State to assume the responsibilities of the Secretary for project design, plans, specifications, estimates, contract awards, and inspection of projects, on both a project-specific and programmatic basis.

(b)

Submission of recommendations

Not later than 18 months after the date of enactment of this Act, the Secretary, in cooperation with the States, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate recommendations for legislation to permit the assumption of additional authorities by States, including with respect to real estate acquisition and project design.

1317.

Modernization of the environmental review process

(a)

In general

Not later than 180 days after the date of enactment of this Act, the Secretary shall examine ways to modernize, simplify, and improve the implementation of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Department.

(b)

Inclusions

In carrying out subsection (a), the Secretary shall consider—

(1)

the use of technology in the process, such as—

(A)

searchable databases;

(B)

geographic information system mapping tools;

(C)

integration of those tools with fiscal management systems to provide more detailed data; and

(D)

other innovative technologies;

(2)

ways to prioritize use of programmatic environmental impact statements;

(3)

methods to encourage cooperating agencies to present analyses in a concise format; and

(4)

any other improvements that can be made to modernize process implementation.

(c)

Report

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the results of the review carried out under subsection (a).

1318.

Assessment of progress on accelerating project delivery

(a)

In general

Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall assess the progress made under this Act, MAP–21 (Public Law 112–141), and SAFETEA–LU (Public Law 109–59), including the amendments made by those Acts, to accelerate the delivery of Federal-aid highway and highway safety construction projects and public transportation capital projects by streamlining the environmental review and permitting process.

(b)

Contents

The assessment required under subsection (a) shall evaluate—

(1)

how often the various streamlining provisions have been used;

(2)

which of the streamlining provisions have had the greatest impact on streamlining the environmental review and permitting process;

(3)

what, if any, impact streamlining of the process has had on environmental protection;

(4)

how, and the extent to which, streamlining provisions have improved and accelerated the process for permitting under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable Federal laws;

(5)

what impact actions by the Council on Environmental Quality have had on accelerating Federal-aid highway and highway safety construction projects and public transportation capital projects;

(6)

the number and percentage of projects that proceed under a traditional environmental assessment or environmental impact statement, and the number and percentage of projects that proceed under categorical exclusions;

(7)

the extent to which the environmental review and permitting process remains a significant source of project delay and the sources of delays; and

(8)

the costs of conducting environmental reviews and issuing permits or licenses for a project, including the cost of contractors and dedicated agency staff.

(c)

Recommendations

The assessment required under subsection (a) shall include recommendations with respect to—

(1)

additional opportunities for streamlining the environmental review process, including regulatory or statutory changes to accelerate the processes of Federal agencies (other than the Department) with responsibility for reviewing Federal-aid highway and highway safety construction projects and public transportation capital projects without negatively impacting the environment; and

(2)

best practices of other Federal agencies that should be considered for adoption by the Department.

(d)

Report to Congress

The Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the assessment and recommendations required under this section.

D

Miscellaneous

1401.

Prohibition on the use of funds for automated traffic enforcement

(a)

Prohibition

Except as provided in subsection (b), for fiscal years 2016 through 2020, funds apportioned to a State under section 104(b)(3) of title 23, United States Code, may not be used to purchase, operate, or maintain an automated traffic enforcement system.

(b)

Exception

Subsection (a) does not apply to an automated traffic enforcement system located in a school zone.

(c)

Automated traffic enforcement system defined

In this section, the term automated traffic enforcement system means any camera that captures an image of a vehicle for the purposes of traffic law enforcement.

1402.

Highway Trust Fund transparency and accountability

(a)

In general

Section 104 of title 23, United States Code, is amended by striking subsection (g) and inserting the following:

(g)

Highway Trust Fund transparency and accountability reports

(1)

Compilation of data

Not later than 180 days after the date of enactment of the FAST Act, the Secretary shall compile data in accordance with this subsection on the use of Federal-aid highway funds made available under this title.

(2)

Requirements

The Secretary shall ensure that the reports required under this subsection are made available in a user-friendly manner on the public Internet website of the Department of Transportation and can be searched and downloaded by users of the website.

(3)

Contents of reports

(A)

Apportioned and allocated programs

On a semiannual basis, the Secretary shall make available a report on funding apportioned and allocated to the States under this title that describes—

(i)

the amount of funding obligated by each State, year-to-date, for the current fiscal year;

(ii)

the amount of funds remaining available for obligation by each State;

(iii)

changes in the obligated, unexpended balance for each State, year-to-date, during the current fiscal year, including the obligated, unexpended balance at the end of the preceding fiscal year and current fiscal year expenditures;

(iv)

the amount and program category of unobligated funding, year-to-date, available for expenditure at the discretion of the Secretary;

(v)

the rates of obligation on and off the National Highway System, year-to-date, for the current fiscal year of funds apportioned, allocated, or set aside under this section, according to—

(I)

program;

(II)

funding category or subcategory;

(III)

type of improvement;

(IV)

State; and

(V)

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

(vi)

the amount of funds transferred by each State, year-to-date, for the current fiscal year between programs under section 126.

(B)

Project data

On an annual basis, the Secretary shall make available a report that provides, for any project funded under this title (excluding projects for which funds are transferred to agencies other than the Federal Highway Administration) with an estimated total cost as of the start of construction greater than $25,000,000, and to the maximum extent practicable, other projects funded under this title, project data describing—

(i)

the specific location of the project;

(ii)

the total cost of the project;

(iii)

the amount of Federal funding obligated for the project;

(iv)

the program or programs from which Federal funds have been obligated for the project;

(v)

the type of improvement being made, such as categorizing the project as—

(I)

a road reconstruction project;

(II)

a new road construction project;

(III)

a new bridge construction project;

(IV)

a bridge rehabilitation project; or

(V)

a bridge replacement project;

(vi)

the ownership of the highway or bridge;

(vii)

whether the project is located in an area of the State with a population of—

(I)

less than 5,000 individuals;

(II)

5,000 or more individuals but less than 50,000 individuals;

(III)

50,000 or more individuals but less than 200,000 individuals; or

(IV)

200,000 or more individuals; and

(viii)

available information on the estimated cost of the project as of the start of project construction, or the revised cost estimate based on a description of revisions to the scope of work or other factors affecting project cost other than cost overruns.

.

(b)

Conforming amendment

Section 1503 of MAP–21 (23 U.S.C. 104 note; Public Law 112–141) is amended by striking subsection (c).

1403.

Additional deposits into Highway Trust Fund

(a)

In general

Chapter 1 of title 23, United States Code, is amended by inserting after section 104 the following:

105.

Additional deposits into Highway Trust Fund

(a)

In general

If monies are deposited into the Highway Account or Mass Transit Account pursuant to a law enacted subsequent to the date of enactment of the FAST Act, the Secretary shall make available additional amounts of contract authority under subsections (b) and (c).

(b)

Amount of adjustment

If monies are deposited into the Highway Account or the Mass Transit Account as described in subsection (a), on October 1 of the fiscal year following the deposit of such monies, the Secretary shall—

(1)

make available for programs authorized from such account for such fiscal year a total amount equal to—

(A)

the amount otherwise authorized to be appropriated for such programs for such fiscal year; plus

(B)

an amount equal to such monies deposited into such account during the previous fiscal year as described in subsection (a); and

(2)

distribute the additional amount under paragraph (1)(B) to each of such programs in accordance with subsection (c).

(c)

Distribution of adjustment among programs

(1)

In general

In making an adjustment for programs authorized to be appropriated from the Highway Account or the Mass Transit Account for a fiscal year under subsection (b), the Secretary shall—

(A)

determine the ratio that—

(i)

the amount authorized to be appropriated for a program from the account for the fiscal year; bears to

(ii)

the total amount authorized to be appropriated for such fiscal year for all programs under such account;

(B)

multiply the ratio determined under subparagraph (A) by the amount of the adjustment determined under subsection (b)(1)(B); and

(C)

adjust the amount that the Secretary would otherwise have allocated for the program for such fiscal year by the amount calculated under subparagraph (B).

(2)

Formula programs

For a program for which funds are distributed by formula, the Secretary shall add the adjustment to the amount authorized for the program but for this section and make available the adjusted program amount for such program in accordance with such formula.

(3)

Availability for obligation

Adjusted amounts under this subsection shall be available for obligation and administered in the same manner as other amounts made available for the program for which the amount is adjusted.

(d)

Exclusion of emergency relief program and covered administrative expenses

The Secretary shall exclude the emergency relief program under section 125 and covered administrative expenses from an adjustment of funding under subsection (c)(1).

(e)

Authorization of appropriations

There is authorized to be appropriated from the appropriate account or accounts of the Highway Trust Fund an amount equal to the amount of an adjustment for a fiscal year under subsection (b) for any of fiscal years 2017 through 2020.

(f)

Revision to obligation limitations

(1)

In general

If the Secretary makes an adjustment under subsection (b) for a fiscal year to an amount subject to a limitation on obligations imposed by section 1102 or 3018 of the FAST Act—

(A)

such limitation on obligations for such fiscal year shall be revised by an amount equal to such adjustment; and

(B)

the Secretary shall distribute such limitation on obligations, as revised under subparagraph (A), in accordance with such sections.

(2)

Exclusion of covered administrative expenses

The Secretary shall exclude covered administrative expenses from—

(A)

any calculation relating to a revision of a limitation on obligations under paragraph (1)(A); and

(B)

any distribution of a revised limitation on obligations under paragraph (1)(B).

(g)

Definitions

In this section, the following definitions apply:

(1)

Covered administrative expenses

The term covered administrative expenses means the administrative expenses of—

(A)

the Federal Highway Administration, as authorized under section 104(a);

(B)

the National Highway Traffic Safety Administration, as authorized under section 4001(a)(6) of the FAST Act; and

(C)

the Federal Motor Carrier Safety Administration, as authorized under section 31110 of title 49.

(2)

Highway Account

The term Highway Account means the portion of the Highway Trust Fund that is not the Mass Transit Account.

(3)

Mass Transit Account

The term Mass Transit Account means the Mass Transit Account of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986.

.

(b)

Clerical amendment

The analysis for such chapter is amended by inserting after the item relating to section 104 the following:

105. Additional deposits into Highway Trust Fund.

.

1404.

Design standards

(a)

In general

Section 109 of title 23, United States Code, is amended—

(1)

in subsection (c)—

(A)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A) by striking may take into account and inserting shall consider;

(ii)

in subparagraph (B) by striking and at the end;

(iii)

by redesignating subparagraph (C) as subparagraph (D); and

(iv)

by inserting after subparagraph (B) the following:

(C)

cost savings by utilizing flexibility that exists in current design guidance and regulations; and

; and

(B)

in paragraph (2)—

(i)

in subparagraph (C) by striking and at the end;

(ii)

by redesignating subparagraph (D) as subparagraph (F); and

(iii)

by inserting after subparagraph (C) the following:

(D)

the publication entitled Highway Safety Manual of the American Association of State Highway and Transportation Officials;

(E)

the publication entitled Urban Street Design Guide of the National Association of City Transportation Officials; and

; and

(2)

in subsection (f) by inserting pedestrian walkways, after bikeways,.

(b)

Design standard flexibility

Notwithstanding section 109(o) of title 23, United States Code, a State may allow a local jurisdiction to use a roadway design publication that is different from the roadway design publication used by the State in which the local jurisdiction is located for the design of a project on a roadway under the ownership of the local jurisdiction (other than a highway on the Interstate System) if—

(1)

the local jurisdiction is a direct recipient of Federal funds for the project;

(2)

the roadway design publication—

(A)

is recognized by the Federal Highway Administration; and

(B)

is adopted by the local jurisdiction; and

(3)

the design complies with all other applicable Federal laws.

1405.

Justification reports for access points on the Interstate System

Section 111(e) of title 23, United States Code, is amended by inserting (including new or modified freeway-to-crossroad interchanges inside a transportation management area) after the Interstate System.

1406.

Performance period adjustment

(a)

National highway performance program

Section 119 of title 23, United States Code, is amended—

(1)

in subsection (e)(7), by striking for 2 consecutive reports submitted under this paragraph shall include in the next report submitted and inserting shall include as part of the performance target report under section 150(e); and

(2)

in subsection (f)(1)(A) in the matter preceding clause (i) by striking If, during 2 consecutive reporting periods, the condition of the Interstate System, excluding bridges on the Interstate System, in a State falls and inserting If a State reports that the condition of the Interstate System, excluding bridges on the Interstate System, has fallen.

(b)

Highway safety improvement program

Section 148(i) of title 23, United States Code, is amended—

(1)

in the matter preceding paragraph (1), by striking performance targets of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets and inserting safety performance targets of the State established under section 150(d); and

(2)

in paragraphs (1) and (2), by inserting safety before performance targets each place it appears.

1407.

Vehicle-to-infrastructure equipment

(a)

National highway performance program

Section 119(d)(2)(L) of title 23, United States Code, is amended by inserting , including the installation of vehicle-to-infrastructure communication equipment after capital improvements.

(b)

Surface transportation block grant program

Section 133(b)(1)(D) of title 23, United States Code, is amended by inserting , including the installation of vehicle-to-infrastructure communication equipment after capital improvements.

1408.

Federal share payable

(a)

Innovative project delivery methods

Section 120(c)(3) of title 23, United States Code, is amended—

(1)

in subparagraph (A)(ii)—

(A)

by inserting engineering or design approaches, after technologies,; and

(B)

by inserting or project delivery after or contracting;

(2)

in subparagraph (B)—

(A)

in clause (iii) by inserting and alternative bidding before the semicolon at the end;

(B)

in clause (iv) by striking or at the end;

(C)

by redesignating clause (v) as clause (vi); and

(D)

by inserting after clause (iv) the following:

(v)

innovative pavement materials that have a demonstrated life cycle of 75 or more years, are manufactured with reduced greenhouse gas emissions, and reduce construction-related congestion by rapidly curing; or

; and

(b)

Emergency relief

Section 120(e)(2) of title 23, United States Code, is amended by striking Federal land access transportation facilities and inserting other Federally owned roads that are open to public travel.

1409.

Milk products

Section 127(a) of title 23, United States Code, is amended by adding at the end the following:

(13)

Milk products

A vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled or divided.

.

1410.

Interstate weight limits

Section 127 of title 23, United States Code, is amended by adding at the end the following:

(m)

Covered heavy-duty tow and recovery vehicles

(1)

In general

The vehicle weight limitations set forth in this section do not apply to a covered heavy-duty tow and recovery vehicle.

(2)

Covered heavy-duty tow and recovery vehicle defined

In this subsection, the term covered heavy-duty tow and recovery vehicle means a vehicle that—

(A)

is transporting a disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair facility; and

(B)

has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported.

(n)

Operation of vehicles on certain highways in the State of Texas

If any segment in the State of Texas of United States Route 59, United States Route 77, United States Route 281, United States Route 84, Texas State Highway 44, or another roadway is designated as Interstate Route 69, a vehicle that could operate legally on that segment before the date of the designation may continue to operate on that segment, without regard to any requirement under this section.

(o)

Certain logging vehicles in the State of Wisconsin

(1)

In general

The Secretary shall waive, with respect to a covered logging vehicle, the application of any vehicle weight limit established under this section.

(2)

Covered logging vehicle defined

In this subsection, the term covered logging vehicle means a vehicle that—

(A)

is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips;

(B)

has a gross vehicle weight of not more than 98,000 pounds;

(C)

has not less than 6 axles; and

(D)

is operating on a segment of Interstate Route 39 in the State of Wisconsin from mile marker 175.8 to mile marker 189.

(p)

Operation of certain specialized vehicles on certain highways in the State of Arkansas

If any segment of United States Route 63 between the exits for highways 14 and 75 in the State of Arkansas is designated as part of the Interstate System, the single axle weight, tandem axle weight, gross vehicle weight, and bridge formula limits under subsection (a) and the width limitation under section 31113(a) of title 49 shall not apply to that segment with respect to the operation of any vehicle that could operate legally on that segment before the date of the designation.

(q)

Certain logging vehicles in the State of Minnesota

(1)

In general

The Secretary shall waive, with respect to a covered logging vehicle, the application of any vehicle weight limit established under this section.

(2)

Covered logging vehicle defined

In this subsection, the term covered logging vehicle means a vehicle that—

(A)

is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips;

(B)

has a gross vehicle weight of not more than 99,000 pounds;

(C)

has not less than 6 axles; and

(D)

is operating on a segment of Interstate Route 35 in the State of Minnesota from mile marker 235.4 to mile marker 259.552.

(r)

Emergency vehicles

(1)

In general

Notwithstanding subsection (a), a State shall not enforce against an emergency vehicle a vehicle weight limit (up to a maximum gross vehicle weight of 86,000 pounds) of less than—

(A)

24,000 pounds on a single steering axle;

(B)

33,500 pounds on a single drive axle;

(C)

62,000 pounds on a tandem axle; or

(D)

52,000 pounds on a tandem rear drive steer axle.

(2)

Emergency vehicle defined

In this subsection, the term emergency vehicle means a vehicle designed to be used under emergency conditions—

(A)

to transport personnel and equipment; and

(B)

to support the suppression of fires and mitigation of other hazardous situations.

(s)

Natural gas vehicles

A vehicle, if operated by an engine fueled primarily by natural gas, may exceed any vehicle weight limit (up to a maximum gross vehicle weight of 82,000 pounds) under this section by an amount that is equal to the difference between—

(1)

the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and

(2)

the weight of a comparable diesel tank and fueling system.

.

1411.

Tolling; HOV facilities; Interstate reconstruction and rehabilitation

(a)

Tolling

Section 129(a) of title 23, United States Code, is amended—

(1)

in paragraph (3)(A), in the matter preceding clause (i)—

(A)

by striking shall use and inserting shall ensure that; and

(B)

by inserting are used before only for;

(2)

by striking paragraph (4) and redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; and

(3)

in subparagraph (B) of paragraph (4) (as so redesignated) by striking Federal-aid system and inserting Federal-aid highways;

(4)

by inserting after paragraph (8) (as so redesignated)—

(9)

Equal access for over-the-road buses

An over-the-road bus that serves the public shall be provided access to a toll facility under the same rates, terms, and conditions as public transportation buses.

; and

(5)

in paragraph (10)—

(A)

by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and

(B)

by inserting after subparagraph (B) the following:

(C)

Over-the-road bus

The term over-the-road bus has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).

.

(b)

HOV facilities

Section 166 of title 23, United States Code, is amended—

(1)

by striking the agency each place it appears and inserting the authority;

(2)

in subsection (a)(1)—

(A)

by striking the paragraph heading and inserting Authority of public authorities; and

(B)

by striking State agency and inserting public authority;

(3)

in subsection (b)—

(A)

by striking State agency each place it appears and inserting public authority;

(B)

in paragraph (3)—

(i)

in subparagraph (A) by striking and at the end;

(ii)

in subparagraph (B) by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(C)

provides equal access under the same rates, terms, and conditions for all public transportation vehicles and over-the-road buses serving the public.

;

(C)

in paragraph (4)(C)—

(i)

in clause (i) by striking and at the end;

(ii)

in clause (ii) by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(iii)

ensure that over-the-road buses serving the public are provided access to the facility under the same rates, terms, and conditions as public transportation buses.

; and

(D)

in paragraph (5)—

(i)

by striking subparagraph (A) and inserting the following:

(A)

Special rule

Before September 30, 2025, if a public authority establishes procedures for enforcing the restrictions on the use of a HOV facility by vehicles described in clauses (i) and (ii), the public authority may allow the use of the HOV facility by—

(i)

alternative fuel vehicles; and

(ii)

any motor vehicle described in section 30D(d)(1) of the Internal Revenue Code of 1986.

; and

(ii)

in subparagraph (B) by striking 2017 and inserting 2019;

(4)

in subsection (c)—

(A)

by striking paragraph (1) and inserting the following:

(1)

In general

Notwithstanding section 301, tolls may be charged under paragraphs (4) and (5) of subsection (b), subject to the requirements of section 129.

; and

(B)

by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);

(5)

in subsection (d)—

(A)

by striking State agency each place it appears and inserting public authority;

(B)

in paragraph (1)—

(i)

by striking subparagraphs (D) and (E); and

(ii)

by inserting after subparagraph (C) the following:

(D)

Maintenance of operating performance

(i)

Submission of plan

Not later than 180 days after the date on which a facility is degraded under paragraph (2), the public authority with jurisdiction over the facility shall submit to the Secretary for approval a plan that details the actions the public authority will take to make significant progress toward bringing the facility into compliance with the minimum average operating speed performance standard through changes to the operation of the facility, including—

(I)

increasing the occupancy requirement for HOV lanes;

(II)

varying the toll charged to vehicles allowed under subsection (b) to reduce demand;

(III)

discontinuing allowing non-HOV vehicles to use HOV lanes under subsection (b); or

(IV)

increasing the available capacity of the HOV facility.

(ii)

Notice of approval or disapproval

Not later than 60 days after the date of receipt of a plan under clause (i), the Secretary shall provide to the public authority a written notice indicating whether the Secretary has approved or disapproved the plan based on a determination of whether the implementation of the plan will make significant progress toward bringing the HOV facility into compliance with the minimum average operating speed performance standard.

(iii)

Annual progress updates

Until the date on which the Secretary determines that the public authority has brought the HOV facility into compliance with this subsection, the public authority shall submit annual updates that describe—

(I)

the actions taken to bring the HOV facility into compliance; and

(II)

the progress made by those actions.

(E)

Compliance

If the public authority fails to bring a facility into compliance under subparagraph (D), the Secretary shall subject the public authority to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded.

(F)

Waiver

(i)

In general

Upon the request of a public authority, the Secretary may waive the compliance requirements of subparagraph (E), if the Secretary determines that—

(I)

the waiver is in the best interest of the traveling public;

(II)

the public authority is meeting the conditions under subparagraph (D); and

(III)

the public authority has made a good faith effort to improve the performance of the facility.

(ii)

Condition

The Secretary may require, as a condition of providing a waiver under this subparagraph, that a public authority take additional actions, as determined by the Secretary, to maximize the operating speed performance of the facility, even if such performance is below the level set under paragraph (2).

;

(6)

in subsection (f)—

(A)

in paragraph (1), in the matter preceding subparagraph (A), by inserting solely before operating;

(B)

in paragraph (4)(B)(iii) by striking State agency and inserting public authority;

(C)

by striking paragraph (5);

(D)

by redesignating paragraph (4) as paragraph (6); and

(E)

by inserting after paragraph (3) the following:

(4)

Over-the-road bus

The term over-the-road bus has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).

(5)

Public authority

The term public authority as used with respect to a HOV facility, means a State, interstate compact of States, public entity designated by a State, or local government having jurisdiction over the operation of the facility.

; and

(7)

by adding at the end the following:

(g)

Consultation of MPO

If a HOV facility charging tolls under paragraph (4) or (5) of subsection (b) is on the Interstate System and located in a metropolitan planning area established in accordance with section 134, the public authority shall consult with the metropolitan planning organization for the area concerning the placement and amount of tolls on the facility.

.

(c)

Interstate system reconstruction and rehabilitation pilot program

Section 1216(b) of the Transportation Equity Act for the 21st Century (Public Law 105–178) is amended—

(1)

in paragraph (4)—

(A)

in subparagraph (D) by striking and at the end;

(B)

in subparagraph (E) by striking the period and inserting ; and; and

(C)

by adding at the end the following:

(F)

the State has the authority required for the project to proceed.

;

(2)

by redesignating paragraphs (6) through (8) as paragraphs (8) through (10), respectively; and

(3)

by inserting after paragraph (5) the following:

(6)

Requirements for project completion

(A)

General term for expiration of provisional application

An application provisionally approved by the Secretary under this subsection shall expire 3 years after the date on which the application was provisionally approved if the State has not—

(i)

submitted a complete application to the Secretary that fully satisfies the eligibility criteria under paragraph (3) and the selection criteria under paragraph (4);

(ii)

completed the environmental review and permitting process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the pilot project; and

(iii)

executed a toll agreement with the Secretary.

(B)

Exceptions to expiration

Notwithstanding subparagraph (A), the Secretary may extend the provisional approval for not more than 1 additional year if the State demonstrates material progress toward implementation of the project as evidenced by—

(i)

substantial progress in completing the environmental review and permitting process for the pilot project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(ii)

funding and financing commitments for the pilot project;

(iii)

expressions of support for the pilot project from State and local governments, community interests, and the public; and

(iv)

submission of a facility management plan pursuant to paragraph (3)(D).

(C)

Conditions for previously provisionally approved applications

A State with a provisionally approved application for a pilot project as of the date of enactment of the FAST Act shall have 1 year after that date of enactment to meet the requirements of subparagraph (A) or receive an extension from the Secretary under subparagraph (B), or the application will expire.

(7)

Definition

In this subsection, the term provisional approval or provisionally approved means the approval by the Secretary of a partial application under this subsection, including the reservation of a slot in the pilot program.

.

(d)

Approval of applications

The Secretary may approve an application submitted under section 1604(c) of SAFETEA–LU (Public Law 109–59; 119 Stat. 1253) if the application, or any part of the application, was submitted before the deadline specified in section 1604(c)(8) of that Act.

1412.

Projects for public safety relating to idling trains

Section 130(a) of title 23, United States Code, is amended by striking and the relocation of highways to eliminate grade crossings and inserting the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains.

1413.

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

(a)

In general

Chapter 1 of title 23, United States Code, is amended by inserting after section 150 the following:

151.

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

(a)

In general

Not later than 1 year after the date of enactment of the FAST Act, the Secretary shall designate national electric vehicle charging and hydrogen, propane, and natural gas fueling corridors that identify the near- and long-term need for, and location of, electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure at strategic locations along major national highways to improve the mobility of passenger and commercial vehicles that employ electric, hydrogen fuel cell, propane, and natural gas fueling technologies across the United States.

(b)

Designation of corridors

In designating the corridors under subsection (a), the Secretary shall—

(1)

solicit nominations from State and local officials for facilities to be included in the corridors;

(2)

incorporate existing electric vehicle charging, hydrogen fueling, propane fueling, and natural gas fueling corridors designated by a State or group of States; and

(3)

consider the demand for, and location of, existing electric vehicle charging stations, hydrogen fueling stations, propane fueling stations, and natural gas fueling infrastructure.

(c)

Stakeholders

In designating corridors under subsection (a), the Secretary shall involve, on a voluntary basis, stakeholders that include—

(1)

the heads of other Federal agencies;

(2)

State and local officials;

(3)

representatives of—

(A)

energy utilities;

(B)

the electric, fuel cell electric, propane, and natural gas vehicle industries;

(C)

the freight and shipping industry;

(D)

clean technology firms;

(E)

the hospitality industry;

(F)

the restaurant industry;

(G)

highway rest stop vendors; and

(H)

industrial gas and hydrogen manufacturers; and

(4)

such other stakeholders as the Secretary determines to be necessary.

(d)

Redesignation

Not later than 5 years after the date of establishment of the corridors under subsection (a), and every 5 years thereafter, the Secretary shall update and redesignate the corridors.

(e)

Report

During designation and redesignation of the corridors under this section, the Secretary shall issue a report that—

(1)

identifies electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure and standardization needs for electricity providers, industrial gas providers, natural gas providers, infrastructure providers, vehicle manufacturers, electricity purchasers, and natural gas purchasers; and

(2)

establishes an aspirational goal of achieving strategic deployment of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure in those corridors by the end of fiscal year 2020.

.

(b)

Conforming amendment

The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 150 the following:

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

.

(c)

Operation of battery recharging stations in parking areas used by Federal employees

(1)

Authorization

(A)

In general

The Administrator of General Services may install, construct, operate, and maintain on a reimbursable basis a battery recharging station (or allow, on a reimbursable basis, the use of a 120-volt electrical receptacle for battery recharging) in a parking area that is in the custody, control, or administrative jurisdiction of the General Services Administration for the use of only privately owned vehicles of employees of the General Services Administration, tenant Federal agencies, and others who are authorized to park in such area to the extent such use by only privately owned vehicles does not interfere with or impede access to the equipment by Federal fleet vehicles.

(B)

Areas under other Federal agencies

The Administrator of General Services (on the request of a Federal agency) or the head of a Federal agency may install, construct, operate, and maintain on a reimbursable basis a battery recharging station (or allow, on a reimbursable basis, the use of a 120-volt electrical receptacle for battery recharging) in a parking area that is in the custody, control, or administrative jurisdiction of the requesting Federal agency, to the extent such use by only privately owned vehicles does not interfere with or impede access to the equipment by Federal fleet vehicles.

(C)

Use of vendors

The Administrator of General Services, with respect to subparagraph (A) or (B), or the head of a Federal agency, with respect to subparagraph (B), may carry out such subparagraph through a contract with a vendor, under such terms and conditions (including terms relating to the allocation between the Federal agency and the vendor of the costs of carrying out the contract) as the Administrator or the head of the Federal agency, as the case may be, and the vendor may agree to.

(2)

Imposition of fees to cover costs

(A)

Fees

The Administrator of General Services or the head of the Federal agency under paragraph (1)(B) shall charge fees to the individuals who use the battery recharging station in such amount as is necessary to ensure that the respective agency recovers all of the costs such agency incurs in installing, constructing, operating, and maintaining the station.

(B)

Deposit and availability of fees

Any fees collected by the Administrator of General Services or the Federal agency, as the case may be, under this paragraph shall be—

(i)

deposited monthly in the Treasury to the credit of the respective agency’s appropriations account for the operations of the building where the battery recharging station is located; and

(ii)

available for obligation without further appropriation during—

(I)

the fiscal year collected; and

(II)

the fiscal year following the fiscal year collected.

(3)

No effect on existing programs for House and Senate

Nothing in this subsection affects the installation, construction, operation, or maintenance of battery recharging stations by the Architect of the Capitol—

(A)

under Public Law 112–170 (2 U.S.C. 2171), relating to employees of the House of Representatives and individuals authorized to park in any parking area under the jurisdiction of the House of Representatives on the Capitol Grounds; or

(B)

under Public Law 112–167 (2 U.S.C. 2170), relating to employees of the Senate and individuals authorized to park in any parking area under the jurisdiction of the Senate on the Capitol Grounds.

(4)

No effect on similar authorities

Nothing in this subsection—

(A)

repeals or limits any existing authorities of a Federal agency to install, construct, operate, or maintain battery recharging stations; or

(B)

requires a Federal agency to seek reimbursement for the costs of installing or constructing a battery recharging station—

(i)

that has been installed or constructed prior to the date of enactment of this Act;

(ii)

that is installed or constructed for Federal fleet vehicles, but that receives incidental use to recharge privately owned vehicles; or

(iii)

that is otherwise installed or constructed pursuant to appropriations for that purpose.

(5)

Annual report to Congress

Not later than 2 years after the date of enactment of this Act, and annually thereafter for 10 years, the Administrator of General Services shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing—

(A)

the number of battery recharging stations installed by the Administrator on the Administrator’s own initiative under this subsection;

(B)

requests from other Federal agencies to install battery recharging stations; and

(C)

the status and disposition of requests from other Federal agencies.

(6)

Federal agency defined

In this subsection, the term Federal agency has the meaning given the term Executive agency in section 105 of title 5, United States Code, and includes—

(A)

the United States Postal Service;

(B)

the Executive Office of the President;

(C)

the military departments (as defined in section 102 of title 5, United States Code); and

(D)

the judicial branch.

(7)

Effective date

This subsection shall apply with respect to fiscal year 2016 and each succeeding fiscal year.

1414.

Repeat offender criteria

Section 164(a) of title 23, United States Code, is amended—

(1)

by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;

(2)

by inserting before paragraph (2), as redesignated, the following:

(1)

24-7 sobriety program

The term 24-7 sobriety program has the meaning given the term in section 405(d)(7)(A).

;

(3)

in paragraph (5), as redesignated—

(A)

in the matter preceding subparagraph (A), by inserting or combination of laws or programs after State law;

(B)

by amending subparagraph (A) to read as follows:

(A)

receive, for a period of not less than 1 year—

(i)

a suspension of all driving privileges;

(ii)

a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed, unless a special exception applies;

(iii)

a restriction on driving privileges that limits the individual to operating motor vehicles only if participating in, and complying with, a 24-7 sobriety program; or

(iv)

any combination of clauses (i) through (iii);

;

(C)

by striking subparagraph (B);

(D)

by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and

(E)

in subparagraph (C), as redesignated—

(i)

in clause (i)(II) by inserting before the semicolon the following: (unless the State certifies that the general practice is that such an individual will be incarcerated); and

(ii)

in clause (ii)(II) by inserting before the period at the end the following: (unless the State certifies that the general practice is that such an individual will receive 10 days of incarceration); and

(4)

by adding at the end the following:

(6)

Special exception

The term special exception means an exception under a State alcohol-ignition interlock law for the following circumstances:

(A)

The individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual.

(B)

The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device.

.

1415.

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

(a)

In general

Section 319 of title 23, United States Code, is amended—

(1)

in subsection (a) by inserting (including the enhancement of habitat and forage for pollinators) before adjacent; and

(2)

by adding at the end the following:

(c)

Encouragement of pollinator habitat and forage development and protection on transportation rights-of-way

In carrying out any program administered by the Secretary under this title, the Secretary shall, in conjunction with willing States, as appropriate—

(1)

encourage integrated vegetation management practices on roadsides and other transportation rights-of-way, including reduced mowing; and

(2)

encourage the development of habitat and forage for Monarch butterflies, other native pollinators, and honey bees through plantings of native forbs and grasses, including noninvasive, native milkweed species that can serve as migratory way stations for butterflies and facilitate migrations of other pollinators.

.

(b)

Provision of habitat, forage, and migratory way stations for monarch butterflies, other native pollinators, and honey bees

Section 329(a)(1) of title 23, United States Code, is amended by inserting provision of habitat, forage, and migratory way stations for Monarch butterflies, other native pollinators, and honey bees, before and aesthetic enhancement.

1416.

High priority corridors on National Highway System

(a)

Identification of High Priority Corridors on National Highway System

Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 190; 119 Stat. 1213) is amended—

(1)

by striking paragraph (13) and inserting the following:

(13)

Raleigh-Norfolk Corridor from Raleigh, North Carolina, through Rocky Mount, Williamston, and Elizabeth City, North Carolina, to Norfolk, Virginia.

;

(2)

in paragraph (18)(D)—

(A)

in clause (ii) by striking and at the end;

(B)

in clause (iii) by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(iv)

include Texas State Highway 44 from United States Route 59 at Freer, Texas, to Texas State Highway 358.

;

(3)

by striking paragraph (68) and inserting the following:

(68)

The Washoe County Corridor and the Intermountain West Corridor, which shall generally follow—

(A)

for the Washoe County Corridor, along Interstate Route 580/United States Route 95/United States Route 95A from Reno, Nevada, to Las Vegas, Nevada; and

(B)

for the Intermountain West Corridor, from the vicinity of Las Vegas, Nevada, north along United States Route 95 terminating at Interstate Route 80.

; and

(4)

by adding at the end the following:

(81)

United States Route 117/Interstate Route 795 from United States Route 70 in Goldsboro, Wayne County, North Carolina, to Interstate Route 40 west of Faison, Sampson County, North Carolina.

(82)

United States Route 70 from its intersection with Interstate Route 40 in Garner, Wake County, North Carolina, to the Port at Morehead City, Carteret County, North Carolina.

(83)

The Sonoran Corridor along State Route 410 connecting Interstate Route 19 and Interstate Route 10 south of the Tucson International Airport.

(84)

The Central Texas Corridor commencing at the logical terminus of Interstate Route 10, generally following portions of United States Route 190 eastward, passing in the vicinity Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, and Woodville, to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing.

(85)

Interstate Route 81 in New York from its intersection with Interstate Route 86 to the United States-Canadian border.

(86)

Interstate Route 70 from Denver, Colorado, to Salt Lake City, Utah.

(87)

The Oregon 99W Newberg-Dundee Bypass Route between Newberg, Oregon, and Dayton, Oregon.

(88)

Interstate Route 205 in Oregon from its intersection with Interstate Route 5 to the Columbia River.

.

(b)

Inclusion of Certain Route Segments on Interstate System

Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (109 Stat. 597; 118 Stat. 293; 119 Stat. 1213) is amended in the first sentence—

(1)

by inserting subsection (c)(13), after subsection (c)(9),;

(2)

by striking subsections (c)(18) and all that follows through subsection (c)(36) and inserting subsection (c)(18), subsection (c)(20), subparagraphs (A) and (B)(i) of subsection (c)(26), subsection (c)(36); and

(3)

by striking and subsection (c)(57) and inserting subsection (c)(57), subsection (c)(68)(B), subsection (c)(81), subsection (c)(82), and subsection (c)(83).

(c)

Designation

Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 (109 Stat. 598; 126 Stat. 427) is amended by striking the final sentence and inserting the following: The routes referred to in subparagraphs (A) and (B)(i) of subsection (c)(26) and in subsection (c)(68)(B) are designated as Interstate Route I–11. The route referred to in subsection (c)(84) is designated as Interstate Route I–14..

(d)

Future Interstate designation

Section 119(a) of the SAFETEA–LU Technical Corrections Act of 2008 (122 Stat. 1608) is amended by striking and, as a future Interstate Route 66 Spur, the Natcher Parkway in Owensboro, Kentucky and inserting between Henderson, Kentucky, and Owensboro, Kentucky, and, as a future Interstate Route 65 and 66 Spur, the William H. Natcher Parkway between Bowling Green, Kentucky, and Owensboro, Kentucky.

1417.

Work zone and guard rail safety training

(a)

In general

Section 1409 of SAFETEA–LU (23 U.S.C. 401 note) is amended—

(1)

by striking the section heading and inserting Work zone and guard rail safety training; and

(2)

in subsection (b) by adding at the end the following:

(4)

Development, updating, and delivery of training courses on guard rail installation, maintenance, and inspection.

.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by striking the item relating to section 1409 and inserting the following:

Sec. 1409. Work zone and guard rail safety training.

.

1418.

Consolidation of programs

Section 1519(a) of MAP–21 (126 Stat. 574) is amended by striking From administrative funds and all that follows through shall be made available and inserting For each of fiscal years 2016 through 2020, before making an apportionment under section 104(b)(3) of title 23, United States Code, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 of such title for the fiscal year, $3,500,000.

1419.

Elimination or modification of certain reporting requirements

(a)

Fundamental properties of asphalts report

Section 6016(e) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2183) is repealed.

(b)

Express lanes demonstration program reports

Section 1604(b)(7)(B) of SAFETEA–LU (23 U.S.C. 129 note) is repealed.

1420.

Flexibility for projects

(a)

Authority

With respect to projects eligible for funding under title 23, United States Code, subject to subsection (b) and on request by a State, the Secretary may—

(1)

exercise all existing flexibilities under and exceptions to—

(A)

the requirements of title 23, United States Code; and

(B)

other requirements administered by the Secretary, in whole or part; and

(2)

otherwise provide additional flexibility or expedited processing with respect to the requirements described in paragraph (1).

(b)

Maintaining protections

Nothing in this section—

(1)

waives the requirements of section 113 or 138 of title 23, United States Code;

(2)

supersedes, amends, or modifies—

(A)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental law; or

(B)

any requirement of title 23 or title 49, United States Code; or

(3)

affects the responsibility of any Federal officer to comply with or enforce any law or requirement described in this subsection.

1421.

Productive and timely expenditure of funds

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary shall develop guidance that encourages the use of programmatic approaches to project delivery, expedited and prudent procurement techniques, and other best practices to facilitate productive, effective, and timely expenditure of funds for projects eligible for funding under title 23, United States Code.

(b)

Implementation

The Secretary shall work with States to ensure that any guidance developed under subsection (a) is consistently implemented by States and the Federal Highway Administration to—

(1)

avoid unnecessary delays in completing projects;

(2)

minimize cost overruns; and

(3)

ensure the effective use of Federal funding.

1422.

Study on performance of bridges

(a)

In general

Subject to subsection (c), the Administrator of the Federal Highway Administration (referred to in this section as the Administrator) shall commission the Transportation Research Board of the National Academy of Sciences to conduct a study on the performance of bridges that received funding under the innovative bridge research and construction program (referred to in this section as the program) under section 503(b) of title 23, United States Code (as in effect on the day before the date of enactment of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144)) in meeting the goals of that program, which included—

(1)

the development of new, cost-effective innovative material highway bridge applications;

(2)

the reduction of maintenance costs and lifecycle costs of bridges, including the costs of new construction, replacement, or rehabilitation of deficient bridges;

(3)

the development of construction techniques to increase safety and reduce construction time and traffic congestion;

(4)

the development of engineering design criteria for innovative products and materials for use in highway bridges and structures;

(5)

the development of cost-effective and innovative techniques to separate vehicle and pedestrian traffic from railroad traffic;

(6)

the development of highway bridges and structures that will withstand natural disasters, including alternative processes for the seismic retrofit of bridges; and

(7)

the development of new nondestructive bridge evaluation technologies and techniques.

(b)

Contents

The study commissioned under subsection (a) shall include—

(1)

an analysis of the performance of bridges that received funding under the program in meeting the goals described in paragraphs (1) through (7) of subsection (a);

(2)

an analysis of the utility, compared to conventional materials and technologies, of each of the innovative materials and technologies used in projects for bridges under the program in meeting the needs of the United States in 2015 and in the future for a sustainable and low lifecycle cost transportation system;

(3)

recommendations to Congress on how the installed and lifecycle costs of bridges could be reduced through the use of innovative materials and technologies, including, as appropriate, any changes in the design and construction of bridges needed to maximize the cost reductions; and

(4)

a summary of any additional research that may be needed to further evaluate innovative approaches to reducing the installed and lifecycle costs of highway bridges.

(c)

Public comment

Before commissioning the study under subsection (a), the Administrator shall provide an opportunity for public comment on the study proposal.

(d)

Data from States

Each State that received funds under the program shall provide to the Transportation Research Board any relevant data needed to carry out the study commissioned under subsection (a).

(e)

Deadline

The Administrator shall submit to Congress the study commissioned under subsection (a) not later than 3 years after the date of enactment of this Act.

1423.

Relinquishment of park-and-ride lot facilities

A State transportation agency may relinquish park-and-ride lot facilities or portions of park-and-ride lot facilities to a local government agency for highway purposes if authorized to do so under State law if the agreement providing for the relinquishment provides that—

(1)

rights-of-way on the Interstate System will remain available for future highway improvements; and

(2)

modifications to the facilities that could impair the highway or interfere with the free and safe flow of traffic are subject to the approval of the Secretary.

1424.

Pilot program

(a)

In general

The Administrator of the Federal Highway Administration (referred to in this section as the Administrator) may establish a pilot program that allows a State to utilize innovative approaches to maintain the right-of-way of Federal-aid highways within the State.

(b)

Limitation

A pilot program established under subsection (a) shall—

(1)

terminate after not more than 4 years;

(2)

include not more than 5 States; and

(3)

be subject to guidelines published by the Administrator.

(c)

Report

If the Administrator establishes a pilot program under subsection (a), the Administrator shall, not more than 1 year after the completion of the pilot program, 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 pilot program.

(d)

Savings provision

Nothing in this section may be construed to affect the requirements of section 111 of title 23, United States Code.

1425.

Service club, charitable association, or religious service signs

Notwithstanding section 131 of title 23, United States Code, and part 750 of title 23, Code of Federal Regulations (or successor regulations), if a State notifies the Federal Highway Administration, the State may allow the maintenance of a sign of a service club, charitable association, or religious service organization—

(1)

that exists on the date of enactment of this Act (or was removed in the 3-year period ending on such date of enactment); and

(2)

the area of which is less than or equal to 32 square feet.

1426.

Motorcyclist advisory council

The Secretary, acting through the Administrator of the Federal Highway Administration, shall appoint a Motorcyclist Advisory Council to coordinate with and advise the Administrator on infrastructure issues of concern to motorcyclists, including—

(1)

barrier design;

(2)

road design, construction, and maintenance practices; and

(3)

the architecture and implementation of intelligent transportation system technologies.

1427.

Highway work zones

It is the sense of Congress that the Federal Highway Administration should—

(1)

do all within its power to protect workers in highway work zones; and

(2)

move rapidly to finalize regulations, as directed in section 1405 of MAP–21 (126 Stat. 560), to protect the lives and safety of construction workers in highway work zones from vehicle intrusions.

1428.

Use of durable, resilient, and sustainable materials and practices

To the extent practicable, the Secretary shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and other innovative technologies, in carrying out the activities of the Federal Highway Administration.

1429.

Identification of roadside highway safety hardware devices

(a)

Study

The Secretary shall conduct a study on methods for identifying roadside highway safety hardware devices to improve the data collected on the devices, as necessary for in-service evaluation of the devices.

(b)

Contents

In conducting the study under subsection (a), the Secretary shall evaluate identification methods based on the ability of the method—

(1)

to convey information on the devices, including manufacturing date, factory of origin, product brand, and model;