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

The text of the bill below is as of Nov 5, 2015 (Passed the House with an Amendment).


114th CONGRESS

1st Session

In the House of Representatives, U. S.,

November 5, 2015

HOUSE AMENDMENT TO SENATE AMENDMENT:

That the House agree to the amendment of the Senate to the title of the bill (H.R. 22) entitled An Act to amend the Internal Revenue Code of 1986 to exempt employees with health coverage under TRICARE or the Veterans Administration from being taken into account for purposes of determining the employers to which the employer mandate applies under the Patient Protection and Affordable Care Act. and be it further

That the House agree to the amendment of the Senate to the text of the aforementioned bill, with the following

In lieu of the matter proposed to be inserted by the amendment of the Senate to the text of the bill, insert the following:

A

Surface Transportation

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Surface Transportation Reauthorization and Reform Act of 2015.

(b)

Table of contents

The table of contents for this Act is as follows:

Division A—Surface Transportation

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Effective date.

Sec. 4. 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. National highway performance program.

Sec. 1106. Surface transportation block grant program.

Sec. 1107. Railway-highway grade crossings.

Sec. 1108. Highway safety improvement program.

Sec. 1109. Congestion mitigation and air quality improvement program.

Sec. 1110. National highway freight policy.

Sec. 1111. Nationally significant freight and highway projects.

Sec. 1112. Territorial and Puerto Rico highway program.

Sec. 1113. Federal lands and tribal transportation program.

Sec. 1114. Tribal transportation program.

Sec. 1115. Federal lands transportation program.

Sec. 1116. Tribal transportation self-governance program.

Sec. 1117. Emergency relief.

Sec. 1118. Highway use tax evasion projects.

Sec. 1119. Bundling of bridge projects.

Sec. 1120. Tribal High Priority Projects program.

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

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

Sec. 1303. Clarification of transportation environmental authorities.

Sec. 1304. Treatment of certain bridges under preservation requirements.

Sec. 1305. Efficient environmental reviews for project decisionmaking.

Sec. 1306. Improving transparency in environmental reviews.

Sec. 1307. Integration of planning and environmental review.

Sec. 1308. Development of programmatic mitigation plans.

Sec. 1309. Delegation of authorities.

Sec. 1310. Categorical exclusion for projects of limited Federal assistance.

Sec. 1311. Application of categorical exclusions for multimodal projects.

Sec. 1312. Surface transportation project delivery program.

Sec. 1313. Program for eliminating duplication of environmental reviews.

Sec. 1314. Assessment of progress on accelerating project delivery.

Sec. 1315. Improving State and Federal agency engagement in environmental reviews.

Sec. 1316. Accelerated decisionmaking in environmental reviews.

Sec. 1317. Aligning Federal environmental reviews.

Subtitle D—Miscellaneous

Sec. 1401. Tolling; HOV facilities; Interstate reconstruction and rehabilitation.

Sec. 1402. Prohibition on the use of funds for automated traffic enforcement.

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

Sec. 1404. Highway Trust Fund transparency and accountability.

Sec. 1405. High priority corridors on National Highway System.

Sec. 1406. Flexibility for projects.

Sec. 1407. Productive and timely expenditure of funds.

Sec. 1408. Consolidation of programs.

Sec. 1409. Federal share payable.

Sec. 1410. Elimination or modification of certain reporting requirements.

Sec. 1411. Technical corrections.

Sec. 1412. Safety for users.

Sec. 1413. Design standards.

Sec. 1414. Reserve fund.

Sec. 1415. Adjustments.

Sec. 1416. National electric vehicle charging, hydrogen, propane, and natural gas fueling corridors.

Sec. 1417. Ferries.

Sec. 1418. Study on performance of bridges.

Sec. 1419. Relinquishment of park-and-ride lot facilities.

Sec. 1420. Pilot program.

Sec. 1421. Innovative project delivery examples.

Sec. 1422. Administrative provisions to encourage pollinator habitat and forage on transportation rights-of-way.

Sec. 1423. Milk products.

Sec. 1424. Interstate weight limits for emergency vehicles.

Sec. 1425. Vehicle weight limitations—Interstate System.

Sec. 1426. New national goal, performance measure, and performance target.

Sec. 1427. Service club, charitable association, or religious service signs.

Sec. 1428. Work zone and guard rail safety training.

Sec. 1429. Motorcyclist advisory council.

Sec. 1430. Improvement of data collection on child occupants in vehicle crashes.

Sec. 1431. Highway work zones.

Sec. 1432. Study on State procurement of culvert and storm sewer materials.

Sec. 1433. Use of durable, resilient, and sustainable materials and practices.

Sec. 1434. Strategy to address structurally deficient bridges.

Sec. 1435. Sense of Congress.

Sec. 1436. Identification of roadside highway safety hardware devices.

Sec. 1437. Use of modeling and simulation technology.

Sec. 1438. National Advisory Committee on Travel and Tourism Infrastructure.

Sec. 1439. Regulation of motor carriers of property.

Sec. 1440. Emergency exemptions.

Sec. 1441. Program to assist veterans to acquire commercial driver’s licenses.

Sec. 1442. Operation of certain specialized vehicles on certain highways in the State of Arkansas.

Sec. 1443. Projects for public safety relating to idling trains.

Sec. 1444. Exemptions from requirements for certain welding trucks used in pipeline industry.

Sec. 1445. Waiver.

Sec. 1446. Federal authority.

Title II—Innovative Project Finance

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

Sec. 2002. State infrastructure bank program.

Sec. 2003. Availability payment concession model.

Sec. 2004. Streamlined application process.

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. Formula grants for 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. Bicycle facilities.

Sec. 3011. General provisions.

Sec. 3012. Public transportation safety program.

Sec. 3013. Apportionments.

Sec. 3014. State of good repair grants.

Sec. 3015. Authorizations.

Sec. 3016. Bus and bus facility grants.

Sec. 3017. Obligation ceiling.

Sec. 3018. Innovative procurement.

Sec. 3019. Review of public transportation safety standards.

Sec. 3020. Study on evidentiary protection for public transportation safety program information.

Sec. 3021. Mobility of seniors and individuals with disabilities.

Sec. 3022. Improved transit 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 the Washington Metropolitan Area Transit Authority.

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

Sec. 3028. Increase support for Growing States.

Title IV—Highway 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. Prohibition on funds to check helmet usage or create related checkpoints for a motorcycle driver or passenger.

Sec. 4007. Marijuana-impaired driving.

Sec. 4008. National priority safety program grant eligibility.

Sec. 4009. Data collection.

Sec. 4010. Technical corrections.

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.

Part II—Compliance, Safety, Accountability Reform

Sec. 5221. Correlation study.

Sec. 5222. Beyond compliance.

Sec. 5223. Data certification.

Sec. 5224. Interim hiring standard.

Subtitle C—Commercial Motor Vehicle Safety

Sec. 5301. Implementing safety requirements.

Sec. 5302. Windshield mounted safety technology.

Sec. 5303. Prioritizing statutory rulemakings.

Sec. 5304. Safety reporting system.

Sec. 5305. New entrant safety review program.

Sec. 5306. Ready mixed concrete trucks.

Subtitle D—Commercial Motor Vehicle Drivers

Sec. 5401. Opportunities for veterans.

Sec. 5402. Drug-free commercial drivers.

Sec. 5403. Certified medical examiners.

Sec. 5404. Graduated commercial driver’s license pilot program.

Sec. 5405. Veterans expanded trucking opportunities.

Subtitle E—General Provisions

Sec. 5501. Minimum financial responsibility.

Sec. 5502. Delays in goods movement.

Sec. 5503. Report on motor carrier financial responsibility.

Sec. 5504. Emergency route working group.

Sec. 5505. Household goods consumer protection working group.

Sec. 5506. Technology improvements.

Sec. 5507. Notification regarding motor carrier registration.

Sec. 5508. Report on commercial driver’s license skills test delays.

Sec. 5509. Covered farm vehicles.

Sec. 5510. Operators of hi-rail vehicles.

Sec. 5511. Electronic logging device requirements.

Sec. 5512. Technical corrections.

Sec. 5513. Automobile transporter.

Sec. 5514. Ready mix concrete delivery vehicles.

Sec. 5515. Safety study regarding double-decker motorcoaches.

Sec. 5516. Transportation of construction materials and equipment.

Sec. 5517. Commercial delivery of light- and medium-duty trailers.

Sec. 5518. GAO Review of school bus safety.

Title VI—Innovation

Sec. 6001. Short title.

Sec. 6002. Authorization of appropriations.

Sec. 6003. Advanced transportation and congestion management technologies deployment.

Sec. 6004. Technology and innovation deployment program.

Sec. 6005. Intelligent transportation system goals.

Sec. 6006. Intelligent transportation system program report.

Sec. 6007. Intelligent transportation system national architecture and standards.

Sec. 6008. Communication systems deployment report.

Sec. 6009. Infrastructure development.

Sec. 6010. Departmental research programs.

Sec. 6011. Research and Innovative Technology Administration.

Sec. 6012. Office of Intermodalism.

Sec. 6013. University transportation centers.

Sec. 6014. Bureau of Transportation Statistics.

Sec. 6015. Surface transportation system funding alternatives.

Sec. 6016. Future interstate study.

Sec. 6017. Highway efficiency.

Sec. 6018. Motorcycle safety.

Sec. 6019. Hazardous materials research and development.

Sec. 6020. Web-based training for emergency responders.

Sec. 6021. Transportation technology policy working group.

Sec. 6022. Collaboration and support.

Sec. 6023. Prize competitions.

Sec. 6024. GAO report.

Sec. 6025. Intelligent transportation system purposes.

Sec. 6026. Infrastructure integrity.

Sec. 6027. Transportation research and development 5-year strategic plan.

Sec. 6028. Traffic congestion.

Sec. 6029. Rail safety.

Sec. 6030. Study and report on reducing the amount of vehicles owned by certain Federal departments and increasing the use of commercial ride-sharing by those departments.

Title VII—Hazardous Materials Transportation

Sec. 7001. Short title.

Sec. 7002. Authorization of appropriations.

Sec. 7003. National emergency and disaster response.

Sec. 7004. Enhanced reporting.

Sec. 7005. Wetlines.

Sec. 7006. Improving publication of special permits and approvals.

Sec. 7007. GAO study on acceptance of classification examinations.

Sec. 7008. Improving the effectiveness of planning and training grants.

Sec. 7009. Motor carrier safety permits.

Sec. 7010. Thermal blankets.

Sec. 7011. Comprehensive oil spill response plans.

Sec. 7012. Information on high-hazard flammable trains.

Sec. 7013. Study and testing of electronically controlled pneumatic brakes.

Sec. 7014. Study on the efficacy and implementation of the European Train Control System.

Sec. 7015. Phase-out of all tank cars used to transport Class 3 flammable liquids.

Sec. 7016. Track safety: Vertical Track Deflection.

Sec. 7017. Minimum requirements for top fittings protection for class DOT–117R tank cars.

Sec. 7018. Hazardous materials endorsement exemption.

Sec. 7019. Hazardous materials by rail liability study.

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.

Division B—Comprehensive Transportation and Consumer Protection Act of 2015

Title XXIV—Highway and 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. Availability of certain information on motor vehicle equipment.

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 recall database.

Part IV—Alternative Fuel Vehicles

Sec. 24341. Regulation parity for electric and natural gas vehicles.

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. No liability on the basis of NHTSA motor vehicle safety guidelines.

Division C—Finance

Sec. 30001. Short title.

Title XXXI—Highway trust fund and related taxes

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

Sec. 31101. Extension of 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.

Subtitle B—Fees and receipts

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

Sec. 32202. Elimination of surplus funds of Federal reserve banks.

Sec. 32203. Strategic Petroleum Reserve drawdown and sale.

Subtitle C—Outlays

Sec. 32301. Interest on overpayment.

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. Report to Congress.

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

Sec. 41010. Application.

Sec. 41011. GAO Report.

Title XLII—Additional provisions

Sec. 42001. Determination of certain spending and tax burdens by State.

Sec. 42002. GAO report on refunds to registered vendors of kerosene used in noncommercial aviation.

Title XLIII—Requirements regarding rule makings

Sec. 43001. Requirements regarding rule makings.

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.

2.

Definitions

In this Act, the following definitions apply:

(1)

Department

The term Department means the Department of Transportation.

(2)

Secretary

The term Secretary means the Secretary of Transportation.

3.

Effective date

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

4.

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, and to carry out section 134 of that title—

(A)

$38,419,500,000 for fiscal year 2016;

(B)

$39,113,500,000 for fiscal year 2017;

(C)

$39,927,500,000 for fiscal year 2018;

(D)

$40,764,000,000 for fiscal year 2019;

(E)

$41,623,000,000 for fiscal year 2020; and

(F)

$42,483,000,000 for fiscal year 2021.

(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, $200,000,000 for each of fiscal years 2016 through 2021.

(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)

$490,000,000 for fiscal year 2019;

(v)

$495,000,000 for fiscal year 2020; and

(vi)

$500,000,000 for fiscal year 2021.

(B)

Federal lands transportation program

(i)

In general

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

(I)

$325,000,000 for fiscal year 2016;

(II)

$335,000,000 for fiscal year 2017;

(III)

$345,000,000 for fiscal year 2018;

(IV)

$350,000,000 for fiscal year 2019;

(V)

$375,000,000 for fiscal year 2020; and

(VI)

$400,000,000 for fiscal year 2021.

(ii)

Allocation

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

(I)

the amount for the National Park Service is—

(aa)

$260,000,000 for fiscal year 2016;

(bb)

$268,000,000 for fiscal year 2017;

(cc)

$276,000,000 for fiscal year 2018;

(dd)

$280,000,000 for fiscal year 2019;

(ee)

$300,000,000 for fiscal year 2020; and

(ff)

$320,000,000 for fiscal year 2021;

(II)

the amount for the United States Fish and Wildlife Service is $30,000,000 for each of fiscal years 2016 through 2021; 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;

(ee)

$19,000,000 for fiscal year 2020; and

(ff)

$20,000,000 for fiscal year 2021.

(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;

(v)

$270,000,000 for fiscal year 2020; and

(vi)

$275,000,000 for fiscal year 2021.

(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 2021.

(5)

Nationally significant freight and highway projects

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

(A)

$725,000,000 for fiscal year 2016;

(B)

$735,000,000 for fiscal year 2017; and

(C)

$750,000,000 for each of fiscal years 2018 through 2021.

(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)

$40,867,000,000 for fiscal year 2016;

(2)

$41,599,000,000 for fiscal year 2017;

(3)

$42,453,000,000 for fiscal year 2018;

(4)

$43,307,000,000 for fiscal year 2019;

(5)

$44,201,000,000 for fiscal year 2020; and

(6)

$45,096,000,000 for fiscal year 2021.

(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 2021, 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 2021, 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 2021—

(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 2021, 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 $440,000,000 for each of fiscal years 2016 through 2021.

.

(b)

Division among programs of State’s share of base apportionment

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

(1)

in the subsection heading by striking Division of State Apportionments Among Programs and inserting Division Among Programs of State’s Share of Base Apportionment;

(2)

in the matter preceding paragraph (1)—

(A)

by inserting of the base apportionment after the amount; and

(B)

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

(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; and

(4)

in each of paragraphs (4) and (5), in the matter preceding subparagraph (A), by inserting of the base apportionment after the amount.

(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 2021, 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 2021, 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, 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;

(ii)

$66,717,816 for fiscal year 2020; and

(iii)

$79,847,397 for fiscal year 2021.

(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 $819,900,000 pursuant to section 133(h), plus—

(i)

$70,526,310 for fiscal year 2016;

(ii)

$104,389,904 for fiscal year 2017;

(iii)

$148,113,536 for fiscal year 2018;

(iv)

$160,788,367 for fiscal year 2019;

(v)

$200,153,448 for fiscal year 2020; and

(vi)

$239,542,191 for fiscal year 2021.

(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, 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.

.

1105.

National highway performance program

Section 119 of title 23, United States Code, is amended—

(1)

in subsection (e)(7)—

(A)

by striking this paragraph and inserting section 150(e); and

(B)

by inserting under section 150(e) after the next report submitted; and

(2)

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).

.

1106.

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 Surface Transportation Reauthorization and Reform Act of 2015, 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 Surface Transportation Reauthorization and Reform Act of 2015; 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;

(E)

for fiscal year 2020, 55 percent; and

(F)

for fiscal year 2021, 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 2021;

(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 2021; 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 of $819,900,000 under this subsection; 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 Surface Transportation Reauthorization and Reform Act of 2015.

(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; and

(vii)

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

(5)

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).

(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.

1107.

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;

(v)

$245,000,000 for fiscal year 2020; and

(vi)

$250,000,000 for fiscal year 2021.

(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) of this title.

.

1108.

Highway safety improvement program

(a)

Definitions

(1)

In general

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

(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)

Conforming amendments

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

(A)

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

(B)

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

(b)

Data collection

Section 148(f) of title 23, United States Code, is amended by adding at the end the following:

(3)

Process

The Secretary shall establish a process to allow a State to cease to collect the subset referred to in paragraph (2)(A) for 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 such roads until the State completes a collection of the required model inventory of roadway elements for the roads; 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.

(4)

Rule of construction

Nothing in paragraph (3) may be construed to allow a State to cease data collection related to serious injuries or fatalities.

.

(c)

Rural road safety

Section 148(g)(1) of title 23, United States Code, is amended—

(1)

by striking If the fatality rate and inserting the following:

(A)

In general

If the fatality rate

; and

(2)

by adding at the end the following:

(B)

Fatalities exceeding the median rate

If the fatality rate on rural roads in a State, for the most recent 2-year period for which data is available, is more than the median fatality rate for rural roads among all States for such 2-year period, the State shall be required to demonstrate, in the subsequent State strategic highway safety plan of the State, strategies to address fatalities and achieve safety improvements on high risk rural roads.

.

(d)

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, and make available on the public Internet Web site of the Department, a report describing the results of the review conducted under paragraph (1).

1109.

Congestion mitigation and air quality improvement program

(a)

Eligible projects

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

(1)

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

(2)

in paragraph (8) by striking the period at the end and inserting ; or; and

(3)

by adding at the end the following:

(9)

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

.

(b)

States flexibility

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

(d)

States flexibility

(1)

States without a nonattainment area

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

(A)

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

(B)

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

(2)

States with a nonattainment area

(A)

In general

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

(i)

the amount apportioned to such State under section 104(b)(4) (excluding the amounts reserved for obligation under subsection (k)(1)); by

(ii)

the ratio calculated under subparagraph (B).

(B)

Ratio

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

(i)

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

(ii)

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

(3)

Changes in designation

If a new nonattainment area is designated or a previously designated nonattainment area is redesignated as an attainment area in a State under the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall modify, in a manner consistent with the approach that was in effect on the day before the date of enactment of MAP–21, the amount such State is permitted to obligate in any area of the State for projects eligible under section 133.

.

(c)

Priority consideration

Section 149(g)(3) of title 23, United States Code, is amended to read as follows:

(3)

Priority consideration

(A)

In general

In distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section 104(b)(4) in areas designated as nonattainment or maintenance for PM2.5 under the Clean Air Act (42 U.S.C. 7401 et seq.) and where regional motor vehicle emissions are not an insignificant contributor to the air quality problem for PM2.5, States and metropolitan planning organizations shall give priority to projects, including diesel retrofits or alternative fuel vehicles, that are proven to reduce direct or indirect emissions of PM2.5.

(B)

Use of funding

To the maximum extent practicable, funding used in an area described in subparagraph (A) shall be used on the most cost-effective projects and programs that are proven to reduce directly or indirectly emitted fine particulate matter.

.

(d)

Priority for use of funds in PM2.5 areas

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

(1)

in paragraph (1) by striking such fine particulate and inserting directly emitted fine particulate; and

(2)

by adding at the end the following:

(3)

PM2.5 nonattainment and maintenance in low population density States

(A)

Exception

For any State with a population density of 80 or fewer persons per square mile of land area, based on the most recent decennial census, subsection (g)(3) and paragraphs (1) and (2) of this subsection do 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.

.

(e)

Performance plan

Section 149(l)(1)(B) of title 23, United States Code, is amended by inserting emission and congestion reduction after achieving the.

1110.

National highway freight policy

(a)

In general

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

167.

National highway freight policy

(a)

In general

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 a foundation for the United States to compete in the global economy and achieve the goals described in subsection (b).

(b)

Goals

The goals of the national highway freight policy are—

(1)

to invest in infrastructure improvements and to implement operational improvements 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; and

(C)

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

(2)

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

(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 economic efficiency of the National Highway Freight Network;

(6)

to improve the short and long distance movement of goods that—

(A)

travel across rural areas between population centers; and

(B)

travel between rural areas and population centers;

(7)

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

(8)

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 Secretary 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 Interstate System;

(B)

non-Interstate highway segments on the 41,000-mile comprehensive primary freight network developed by the Secretary under section 167(d) as in effect on the day before the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015; and

(C)

additional non-Interstate highway segments designated by the States under subsection (d).

(d)

State additions to network

(1)

In general

Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015, each State, in consultation with the State freight advisory committee, may increase the number of miles designated as part of the National Highway Freight Network by not more than 10 percent of the miles designated in that State under subparagraphs (A) and (B) of subsection (c)(2) if the additional miles—

(A)

close gaps between segments of the National Highway Freight Network;

(B)

establish connections from the National Highway Freight Network to critical facilities for the efficient movement of freight, including ports, freight railroads, international border crossings, airports, intermodal facilities, warehouse and logistics centers, and agricultural facilities; or

(C)

are part of critical emerging freight corridors or critical commerce corridors.

(2)

Submission

Each State shall—

(A)

submit to the Secretary a list of the additional miles added under this subsection; and

(B)

certify that the additional miles meet the requirements of paragraph (1).

(e)

Redesignation

(1)

Redesignation by Secretary

(A)

In general

Effective beginning 5 years after the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015, and every 5 years thereafter, the Secretary shall redesignate the highway segments designated by the Secretary under subsection (c)(2)(B) that are on the National Highway Freight Network.

(B)

Considerations

In redesignating highway segments under subparagraph (A), the Secretary shall consider—

(i)

changes in the origins and destinations of freight movements in the United States;

(ii)

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

(iii)

changes in the location of key facilities;

(iv)

critical emerging freight corridors and critical commerce corridors; and

(v)

network connectivity.

(C)

Limitation

Each redesignation under subparagraph (A) may increase the mileage on the National Highway Freight Network designated by the Secretary by not more than 3 percent.

(2)

Redesignation by States

(A)

In general

Effective beginning 5 years after the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015, and every 5 years thereafter, each State may, in consultation with the State freight advisory committee, redesignate the highway segments designated by the State under subsection (c)(2)(C) that are on the National Highway Freight Network.

(B)

Considerations

In redesignating highway segments under subparagraph (A), the State shall consider—

(i)

gaps between segments of the National Highway Freight Network;

(ii)

needed connections from the National Highway Freight Network to critical facilities for the efficient movement of freight, including ports, freight railroads, international border crossings, airports, intermodal facilities, warehouse and logistics centers, and agricultural facilities; and

(iii)

critical emerging freight corridors or critical commerce corridors.

(C)

Limitation

Each redesignation under subparagraph (A) may increase the mileage on the National Highway Freight Network designated by the State by not more than 3 percent.

(D)

Resubmission

Each State, under the advisement of the State freight advisory committee, shall—

(i)

submit to the Secretary a list of the miles redesignated under this paragraph; and

(ii)

certify that the redesignated miles meet the requirements of subsection (d)(1).

.

(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 policy.

.

1111.

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

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

(1)

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

(2)

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

(3)

reduce highway congestion and bottlenecks;

(4)

improve connectivity between modes of freight transportation; or

(5)

enhance the resiliency of critical highway infrastructure, including highway infrastructure that supports national energy security.

(b)

Grant authority

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

(c)

Eligible applicants

(1)

In general

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

(A)

A State or 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.

(D)

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

(E)

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

(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 (h), the Secretary may make a grant under this section only for a project that—

(A)

is—

(i)

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

(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; and

(II)

a project in a national scenic area;

(iii)

an intermodal or rail freight project carried out on the National Multimodal Freight Network established under section 70103 of title 49; 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 2021, 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) shall—

(i)

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)

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.

(f)

Project requirements

The Secretary may make a grant for a project described under subsection (d) only if the relevant applicant demonstrates 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 addressed using other funding available to the project sponsor under this chapter; 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.

(g)

Additional considerations

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

(1)

the extent to which a project utilizes nontraditional financing, innovative design and construction techniques, or innovative technologies;

(2)

the amount and source of non-Federal contributions with respect to the proposed project; and

(3)

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

(h)

Reserved amounts

(1)

In general

The Secretary shall reserve not less than 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.

(4)

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.

(5)

Rural areas

The Secretary shall reserve not less than 20 percent of the amounts made available for grants under this section, including the amounts made available under paragraph (1), each fiscal year to make grants for projects located in rural areas.

(i)

Federal share

(1)

In general

The Federal share of the cost of a project assisted with a grant under this section may not exceed 50 percent.

(2)

Non-Federal share

Funds apportioned to a State under section 104(b)(1) or 104(b)(2) may be used to satisfy the non-Federal share of the cost of a project for which a grant is made under this section so long as the total amount of Federal funding for the project does not exceed 80 percent of project costs.

(j)

Agreements To combine amounts

Two or more entities specified in subsection (c)(1) may combine, pursuant to an agreement entered into by the entities, any part of the amounts provided to the entities from grants under this section for a project for which the relevant grants were made if—

(1)

the agreement will benefit each entity entering into the agreement; and

(2)

the agreement is not in violation of a law of any such entity.

(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

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.

(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)

Facilitating commercial waterborne transportation

Notwithstanding any other provision of law, or rights granted thereunder, and provided that the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met, a property owner may develop, construct, operate, and maintain pier, wharf, or other such load-out structures on that property and on or above adjacent beds of the navigable waters of the United States to facilitate the commercial waterborne transportation of domestic aggregate that may supply an eligible project under this section, including salt, sand, and gravel, from reserves located within ten miles of the property.

.

(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.

1112.

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.

1113.

Federal lands and tribal transportation program

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).

.

1114.

Tribal transportation program

Section 202(a)(6) of title 23, United States Code, is amended by striking 6 percent and inserting 5 percent.

1115.

Federal lands transportation program

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

(1)

in subsection (a)(1)(B) by striking operation and inserting capital, operations,;

(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.

.

1116.

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).

(II)

Method for transfers

If a State elects to provide funds described in subclause (I) to an Indian tribe, 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 Surface Transportation Reauthorization and Reform Act of 2015.

(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 450j–1 of title 25, 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 450j–1(f) of title 25.

(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 the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). 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 part, 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 part 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 Surface Transportation Reauthorization and Reform Act of 2015, 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 paragraph (1) shall expire 30 months after such date of enactment.

(D)

Extension of deadlines

A deadline set forth in paragraph (1)(B) or (1)(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 such chapter is amended by inserting after the item relating to section 206 the following:

207. Tribal transportation self-governance program.

.

1117.

Emergency relief

(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 Federal lands transportation facilities or other federally owned roads that are open to public travel (as defined in subsection (e)).

.

(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.

.

1118.

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 $6,000,000 for each of fiscal years 2016 through 2021, 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.

1119.

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 within the applicable bundle.

(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).

1120.

Tribal High Priority Projects program

Section 1123(h)(1) of MAP–21 (23 U.S.C. 202 note) is amended by striking fiscal years and all that follows through the period at the end and inserting fiscal years 2016 through 2021..

1121.

Construction of ferry boats and ferry terminal facilities

Section 147(e) of title 23, United States Code, is amended by striking 2013 and 2014 and inserting 2016 through 2021.

B

Planning and Performance Management

1201.

Metropolitan transportation planning

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

(1)

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;

(2)

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);

(3)

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

(4)

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

(5)

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 reliance 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;

(6)

in subsection (i)—

(A)

in paragraph (2)(A)(i) by striking transit, and inserting public transportation facilities, intercity bus facilities,;

(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;

(7)

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 with 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.

;

(8)

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;

(9)

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

(10)

in subsection (p) by striking Funds set aside under section 104(f) and inserting Funds apportioned under section 104(b)(5).

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;

(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 reliance 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; and

(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.

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. 4231 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. 4231 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 the requirement of 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 be—

(i)

included in the record of decision or finding of no significant impact of the Secretary; and

(ii)

posted on an appropriate Federal Web site 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 the requirements of subsection (a)(2) through the consultation requirements of section 306108 of title 54.

(B)

Satisfaction of conditions

To satisfy the requirements of 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. 4231 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. 4231 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 the requirement of 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 (a)(1) shall be required.

(C)

Publication

A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall be—

(i)

included in the record of decision or finding of no significant impact of the Secretary; and

(ii)

posted on an appropriate Federal Web site 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 the requirements of subsection (c)(2) through the consultation requirements of section 306108 of title 54.

(B)

Satisfaction of conditions

To satisfy the requirements of 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.

Treatment of improvements to rail and transit under preservation requirements

(a)

Title 23 amendment

Section 138 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following:

(d)

Rail and transit

(1)

In general

Improvements to, or the maintenance, rehabilitation, or operation of, railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (a), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places.

(2)

Exceptions

(A)

In general

Paragraph (1) shall not apply to—

(i)

stations; or

(ii)

bridges or tunnels located on—

(I)

railroad lines that have been abandoned; or

(II)

transit lines that are not in use.

(B)

Clarification with respect to certain bridges and tunnels

The bridges and tunnels referred to in subparagraph (A)(ii) do not include bridges or tunnels located on railroad or transit lines—

(i)

over which service has been discontinued; or

(ii)

that have been railbanked or otherwise reserved for the transportation of goods or passengers.

.

(b)

Title 49 amendment

Section 303 of title 49, United States Code, as amended by this Act, is further amended—

(1)

in subsection (c), in the matter preceding paragraph (1), by striking subsection (d) and inserting subsections (d), (e), and (f); and

(2)

by adding at the end the following:

(f)

Rail and transit

(1)

In general

Improvements to, or the maintenance, rehabilitation, or operation of, railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (c), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places.

(2)

Exceptions

(A)

In general

Paragraph (1) shall not apply to—

(i)

stations; or

(ii)

bridges or tunnels located on—

(I)

railroad lines that have been abandoned; or

(II)

transit lines that are not in use.

(B)

Clarification with respect to certain bridges and tunnels

The bridges and tunnels referred to in subparagraph (A)(ii) do not include bridges or tunnels located on railroad or transit lines—

(i)

over which service has been discontinued; or

(ii)

that have been railbanked or otherwise reserved for the transportation of goods or passengers.

.

1303.

Clarification of transportation environmental authorities

(a)

Title 23 amendment

Section 138 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following:

(e)

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. 915) as in effect before the repeal of that section).

.

(b)

Title 49 amendment

Section 303 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following:

(g)

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. 915) as in effect before the repeal of that section).

.

1304.

Treatment of certain bridges under preservation requirements

(a)

Title 23 amendment

Section 138 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following:

(f)

Bridge exemption

A common post-1945 concrete or steel bridge or culvert that is exempt from individual review under section 306108 of title 54 (as described in 77 Fed. Reg. 68790) shall be treated under this section as having a de minimis impact on an area.

.

(b)

Title 49 amendment

Section 303 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following:

(h)

Bridge exemption

A common post-1945 concrete or steel bridge or culvert that is exempt from individual review under section 306108 of title 54 (as described in 77 Fed. Reg. 68790) shall be treated under this section as having a de minimis impact on an area.

.

1305.

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.

;

(2)

by adding at the end the following:

(9)

Substantial deference

The term substantial deference means deference by a participating agency to the recommendations and decisions of the lead agency unless it is not possible to defer without violating the participating agency’s statutory responsibilities.

.

(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)(1)(A) of title 23, United States Code, is amended by inserting , or an operating administration thereof designated by the Secretary, after Department of Transportation.

(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.

.

(e)

Project initiation

Section 139(e) of title 23, United States Code, is amended by adding at the end the following:

(3)

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;

(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 seek the involvement of participating agencies and the public for the purpose of reaching agreement early in the environmental review process on a reasonable range of alternatives that will satisfy all subsequent Federal environmental review and permit requirements.

(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—

(I)

limit the agency’s comments to subject matter areas within the agency’s special expertise or jurisdiction; and

(II)

afford substantial deference to the range of alternatives recommended by the lead agency.

(iii)

Effect of nonparticipation

A participating agency that declines to participate in the development of the purpose and need and reasonable range of alternatives for a project shall be required to comply with the schedule developed under subsection (g)(1)(B).

; and

(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 its responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in a timely manner.

.

(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 and inserting shall establish.

(2)

Deadlines for decisions under other laws

Section 139(g)(3) of title 23, United States Code, is amended to read as follows:

(3)

Deadlines for decisions under other laws

(A)

In general

In any case in which a decision under any Federal law relating to a project (including the issuance or denial of a permit or license) is required by law, regulation, or Executive order to be made after the date on which the lead agency has issued a categorical exclusion, finding of no significant impact, or record of decision with respect to the project, any such later decision shall be made or completed by the later of—

(i)

the date that is 180 days after the lead agency’s final decision has been made; or

(ii)

the date that is 180 days after the date on which a completed application was submitted for the permit or license.

(B)

Treatment of delays

Following the deadline established by subparagraph (A), 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, and publish on the Department’s Internet Web site—

(i)

as soon as practicable after the 180-day period, an initial notice of the failure of the Federal agency to make the decision; and

(ii)

every 60 days thereafter, until such date as all decisions of the Federal agency relating to the project have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice.

.

(3)

Adoption of documents; accelerated decisionmaking in environmental reviews

(A)

In general

Section 139(g) of title 23, United States Code, is amended—

(i)

by redesignating paragraph (4) as paragraph (5); and

(ii)

by inserting after paragraph (3) the following:

(4)

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—

(i)

cite the sources, authorities, and reasons that support the position of the agency; and

(ii)

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—

(i)

the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or

(ii)

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.

.

(B)

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.

(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 and 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) of this subsection) is amended by striking paragraph (5) and and inserting paragraph (6).

(3)

Accelerated issue resolution and referral

Section 139(h)(6) of title 23, United States Code, (as redesignated by paragraph (1)(A) of this subsection) is amended by striking subparagraph (C) and inserting the following:

(C)

Referral to Council on Environmental Quality

(i)

In general

If issue resolution for a project is not achieved on or before the 30th day after the date of a meeting under subparagraph (B), the Secretary shall refer the matter to the Council on Environmental Quality.

(ii)

Meeting

Not later than 30 days after the date of receipt of a referral from the Secretary under clause (i), the Council on Environmental Quality shall hold an issue resolution meeting with—

(I)

the head of the lead agency;

(II)

the heads of relevant participating agencies; and

(III)

the project sponsor (including the Governor only if the initial issue resolution meeting request came from the Governor).

(iii)

Resolution

The Council on Environmental Quality shall work with the lead agency, relevant participating agencies, and the project sponsor until all issues are resolved.

.

(4)

Financial penalty provisions

Section 139(h)(7)(B)(i)(I) of title 23, United States Code, (as redesignated by paragraph (1)(A) of this subsection) is amended by striking under section 106(i) is required and inserting is required under subsection (h) or (i) of section 106.

(i)

Assistance to affected State and Federal agencies

(1)

In general

Section 139(j)(1) of title 23, United States Code, is amended to read as follows:

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

(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)

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.

1306.

Improving transparency in environmental reviews

(a)

In general

Not later than 18 months after the date of enactment of this Act, the Secretary shall—

(1)

maintain and use a searchable Internet Web site—

(A)

to make publicly available the status and progress of projects, as defined in section 139 of title 23, United States Code, 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 such projects; and

(B)

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 section 139(f) of title 23, United States Code; and

(2)

in coordination with agencies described in subsection (b) and State agencies, issue reporting standards to meet the requirements of paragraph (1).

(b)

Federal, State, and local agency participation

A Federal, State, or local agency participating in the environmental review or permitting process for a project, as defined in section 139 of title 23, United States Code, shall provide to the Secretary information regarding the status and progress of the approval of the project for publication on the Internet Web site maintained under subsection (a), consistent with the standards established under subsection (a).

(c)

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 of title 23, United States Code, shall be responsible for supplying project development and compliance status to the Secretary for all applicable projects.

1307.

Integration of planning and environmental review

(a)

Definitions

Section 168(a) of title 23, United States Code, is amended—

(1)

by striking paragraph (1) and inserting the following:

(1)

Environmental review process

The term environmental review process has the meaning given that term in section 139(a).

;

(2)

by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively;

(3)

by inserting after paragraph (1) the following:

(2)

Lead agency

The term lead agency has the meaning given that term in section 139(a).

; and

(4)

by striking paragraph (3) (as redesignated by paragraph (2) of this subsection) and inserting the following:

(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 section 135, respectively.

.

(b)

Adoption of Planning Products for Use in NEPA Proceedings

Section 168(b) of title 23, United States Code, is amended—

(1)

in the subsection heading by inserting or Incorporation by Reference after Adoption;

(2)

in paragraph (1) by striking the Federal lead agency for a project may adopt and inserting and to the maximum extent practicable and appropriate, the lead agency for a project may adopt or incorporate by reference;

(3)

by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;

(4)

by striking paragraph (2) (as so redesignated) and inserting the following:

(2)

Partial adoption or incorporation by reference of planning products

The lead agency may adopt or incorporate by reference a planning product under paragraph (1) in its entirety or may select portions for adoption or incorporation by reference.

; and

(5)

in paragraph (3) (as so redesignated) by inserting or incorporation by reference after adoption.

(c)

Applicability

(1)

Planning decisions

Section 168(c)(1) of title 23, United States Code, is amended—

(A)

in the matter preceding subparagraph (A) by striking adopted and inserting adopted or incorporated by reference by the lead agency;

(B)

by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively;

(C)

by inserting before subparagraph (B) (as so redesignated) the following:

(A)

the project purpose and need;

;

(D)

by striking subparagraph (B) (as so redesignated) and inserting the following:

(B)

the preliminary screening of alternatives and elimination of unreasonable alternatives;

;

(E)

in subparagraph (C) (as so redesignated) by inserting and general travel corridor after modal choice;

(F)

in subparagraph (E) (as so redesignated) by striking and at the end;

(G)

in subparagraph (F) (as so redesignated)—

(i)

in the matter preceding clause (i) by striking potential impacts and all that follows through resource agencies, and inserting potential impacts of a project, including a programmatic mitigation plan developed in accordance with section 169, that the lead agency; and

(ii)

in clause (ii) by striking the period at the end and inserting ; and; and

(H)

by adding at the end the following:

(G)

whether tolling, private financial assistance, or other special financial measures are necessary to implement the project.

.

(2)

Planning analyses

Section 168(c)(2) of title 23, United States Code, is amended—

(A)

in the matter preceding subparagraph (A) by striking adopted and inserting adopted or incorporated by reference by the lead agency;

(B)

in subparagraph (G)—

(i)

by inserting direct, indirect, and before cumulative effects; and

(ii)

by striking , identified as a result of a statewide or regional cumulative effects assessment; and

(C)

in subparagraph (H)—

(i)

by striking proposed action and inserting proposed project; and

(ii)

by striking Federal lead agency and inserting lead agency.

(d)

Conditions

Section 168(d) of title 23, United States Code, is amended—

(1)

in the matter preceding paragraph (1) by striking Adoption and use and all that follows through Federal lead agency, that and inserting The lead agency in the environmental review process may adopt or incorporate by reference and use a planning product under this section if the lead agency determines that;

(2)

in paragraph (2) by striking by engaging in active consultation and inserting in consultation;

(3)

by striking paragraphs (4) and (5) and inserting the following:

(4)

The planning process included public notice that the planning products may be adopted or incorporated by reference during a subsequent environmental review process in accordance with this section.

(5)

During the environmental review process, but prior to determining whether to rely on and use the planning product, the lead agency has—

(A)

made the planning documents available for review and comment by members of the general public and Federal, State, local, and tribal governments that may have an interest in the proposed action;

(B)

provided notice of the lead agency’s intent to adopt the planning product or incorporate the planning product by reference; and

(C)

considered any resulting comments.

;

(4)

in paragraph (9)—

(A)

by inserting or incorporation by reference after adoption; and

(B)

by inserting and is sufficient to meet the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) after for the project; and

(5)

in paragraph (10) by striking not later than 5 years prior to date on which the information is adopted and inserting 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

Section 168(e) of title 23, United States Code, is amended—

(1)

in the subsection heading by inserting or Incorporation by Reference after Adoption; and

(2)

by striking adopted by the Federal lead agency and inserting adopted or incorporated by reference by the lead agency.

1308.

Development of programmatic mitigation plans

Section 169(f) of title 23, United States Code, is amended by striking may use and inserting shall give substantial weight to.

1309.

Delegation 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 delegate responsibility to the States 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 delegation of additional authorities to the States, including with respect to real estate acquisition and project design.

1310.

Categorical exclusion for projects of limited Federal assistance

(a)

Adjustment for inflation

Section 1317 of MAP–21 (23 U.S.C. 109 note) 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.

1311.

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 cooperating authority’s implementing regulations or procedures under such 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 such 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.

.

1312.

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 6 months after 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

An audit conducted under paragraph (1) shall be carried out by an audit team determined by the Secretary, in consultation with the State. Such consultation shall include a reasonable opportunity for the State to review and provide comments on the proposed members of the audit team.

; and

(5)

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.

.

1313.

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 and Federal laws.

(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 are approved to participate in the program to conduct environmental reviews and make approvals for projects under State environmental laws and regulations instead of Federal environmental laws and regulations, 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 review and approval procedures

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)

such provisions of sections 109(h), 128, and 139 related to the application of that Act 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;

(ii)

such provisions of sections 109(h), 128, and 139 related to the application of that Act 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;

(2)

each Federal law described in subsection (a)(3) that the State is seeking to substitute;

(3)

each State law and regulation that the State intends to substitute for such Federal law, Federal regulation, or Executive order;

(4)

an explanation of the basis for concluding that the State law or regulation is substantially equivalent to the Federal law 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 an application submitted under subsection (b);

(2)

approve or disapprove the application not later than 90 days after the date of receipt of the application; 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, determines that the laws and regulations of the State described in the application are substantially equivalent to the Federal laws that the State is seeking to substitute;

(B)

the Secretary determines that the State has the capacity, including financial and personnel, to assume the responsibility; and

(C)

the State has executed an agreement with the Secretary, in accordance with section 327, providing for environmental review, consultation, or other action under Federal environmental laws pertaining to the review or approval of a specific project.

(2)

Exclusion

The National Environmental Policy Act of 1969 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—

(A)

for failure of the State to meet the requirements of this section; or

(B)

if the action involves the exercise of authority by the State under this section and section 327.

(2)

State jurisdiction

A State court shall have exclusive jurisdiction over any civil action against a State if the action involves the exercise of authority by the State under this section not covered by paragraph (1).

(f)

Election

At its discretion, a State participating in the programs under this section and section 327 may elect to apply the National Environmental Protection Act of 1969 instead of the State’s alternative environmental review and approval procedures.

(g)

Treatment of State laws and regulations

To the maximum extent practicable and consistent with Federal law, other Federal agencies with authority over a project subject to this section shall use documents produced by a participating State under this section to satisfy the requirements of the National Environmental Policy Act of 1969.

(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 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 that State’s laws and regulations for Federal laws.

(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; and

(3)

any recommendations for modifications to the program.

(k)

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 of Transportation, 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 substantially equivalent

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 substantially equivalent to a Federal law described in section 330(a)(3) of title 23, United States Code;

(B)

ensure that such 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 Federal law.

(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.

.

1314.

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.

1315.

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

Requests 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 their 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)

Rulemaking

(1)

In general

Not later than 180 days after the date of enactment of this section, the Secretary shall initiate a rulemaking to implement this section.

(2)

Factors

As part of the rulemaking carried out 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.

.

1316.

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 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 paragraph.

(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 adopting operating administration’s use 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 its 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 adopting operating administration’s use 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 is 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.

.

1317.

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 shall—

(1)

ensure that the Department 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 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.

(e)

Performance measurement

Not later than 1 year after the date of enactment of this section, the Secretary, in coordination with relevant Federal agencies, shall establish a program to measure and report on progress towards aligning Federal reviews as outlined in this section.

.

(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.

.

D

Miscellaneous

1401.

Tolling; HOV facilities; Interstate reconstruction and rehabilitation

(a)

Tolling

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

(1)

in paragraph (1)—

(A)

in subparagraph (B) by striking , bridge, or tunnel each place it appears;

(B)

in subparagraph (C) by striking , bridge, or tunnel each place it appears;

(C)

by striking subparagraph (G);

(D)

by redesignating subparagraphs (H) and (I) as subparagraphs (G) and (H); and

(E)

in subparagraph (G) as redesignated—

(i)

by inserting (HOV) after high occupancy vehicle; and

(ii)

by inserting under section 166 of this title after facility;

(2)

in paragraph (3)(A)—

(A)

by striking shall use and inserting shall ensure that; and

(B)

by inserting are used after toll facility the second place it appears; and

(3)

by striking paragraph (4) and redesignating paragraphs (5) through (10) as paragraphs (4) through (9), respectively.

(b)

HOV facilities

Section 166 of title 23, United States Code, is amended—

(1)

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;

(2)

in subsection (b)—

(A)

by striking State agency each place it appears and inserting public authority;

(B)

in paragraph (3)—

(i)

by striking and at the end of subparagraph (A);

(ii)

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

(iii)

by inserting at the end the following:

(C)

provides equal access for all public transportation vehicles and over-the-road buses.

; and

(C)

in paragraph (5)—

(i)

in subparagraph (A) by striking 2017 and inserting 2021; and

(ii)

in subparagraph (B) by striking 2017 and inserting 2021;

(3)

in subsection (c)—

(A)

by amending paragraph (1) to read as follows:

(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.

;

(B)

by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and

(C)

by inserting after paragraph (2), as redesignated, the following:

(3)

Exemption from tolls

In levying tolls on a facility under this section, a public authority may designate classes of vehicles that are exempt from the tolls or charge different toll rates for different classes of vehicles, if equal rates are charged for all public transportation vehicles and over-the-road buses, whether publicly or privately owned.

;

(4)

in subsection (d)—

(A)

by striking State agency each place it appears and inserting public authority;

(B)

in paragraph (1)—

(i)

by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively;

(ii)

by inserting after subparagraph (C) the following:

(D)

Consultation of MPO

If the facility is on the Interstate System and located in a metropolitan planning area established in accordance with section 134, consulting with the metropolitan planning organization for the area concerning the placement and amount of tolls on the facility.

;

(iii)

in subparagraph (F), as redesignated—

(I)

by striking State the first place it appears and inserting public authority; and

(II)

by striking subparagraph (D) and inserting subparagraph (E); and

(iv)

by adding at the end the following:

(G)

Waiver

(i)

In general

Upon the request of a public authority, the Secretary may waive the requirements of subparagraph (E) for a facility, and the corresponding program sanctions under subparagraph (F), if the Secretary determines that—

(I)

the waiver is in the best interest of the traveling public; and

(II)

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 issuance of a waiver under this subparagraph, that a public authority take additional actions, determined by the Secretary, to improve the performance of the facility.

; and

(5)

in subsection (f)—

(A)

in paragraph (4)(B)(iii) by striking State agency and inserting public authority; and

(B)

by striking paragraph (5) and inserting after paragraph (4) the following:

(5)

Over-the-road bus

The term over-the-road bus means a vehicle as defined in section 301(5) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181(5)).

(6)

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.

.

(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 approved enabling legislation 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;

(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 Surface Transportation Reauthorization and Reform Act of 2015 shall have 1 year after such 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.

1402.

Prohibition on the use of funds for automated traffic enforcement

(a)

Prohibition

Except as provided in subsection (b), for fiscal years 2016 through 2021, 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.

1403.

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

(a)

In general

Section 164(a)(4) of title 23, United States Code, is amended—

(1)

in the matter preceding subparagraph (A) by inserting , or a combination of State laws, after a State law; and

(2)

by striking subparagraph (A) and inserting the following:

(A)

receive, for 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 system installed (allowing for limited exceptions for circumstances when 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); or

(iii)

a combination of both clauses (i) and (ii);

.

(b)

Application

The amendments made by this section shall apply with respect to fiscal years beginning after the date of enactment of this Act.

1404.

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

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 Web site of the Department and can be searched and downloaded by users of the Web site.

(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, to the maximum extent possible, provides project-specific data describing—

(i)

for all projects funded under this title (excluding projects for which funds are transferred to agencies other than the Federal Highway Administration)—

(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; and

(VI)

the ownership of the highway or bridge; and

(ii)

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 in excess of $100,000,000, the data specified under clause (i) and additional data describing—

(I)

whether the project is located in an area of the State with a population of—

(aa)

less than 5,000 individuals;

(bb)

5,000 or more individuals but less than 50,000 individuals;

(cc)

50,000 or more individuals but less than 200,000 individuals; or

(dd)

200,000 or more individuals;

(II)

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; and

(III)

the amount of non-Federal funds obligated for the project.

.

(b)

Conforming amendment

Section 1503 of MAP–21 (23 U.S.C. 104 note; Public Law 112–141) is amended by striking subsection (c).

1405.

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 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 is amended—

(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 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 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.

1406.

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.

1407.

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.

1408.

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 2021, 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.

1409.

Federal share payable

(a)

Innovative project delivery methods

Section 120(c)(3)(A)(ii) of title 23, United States Code, is amended by inserting engineering or design approaches, after technologies,.

(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,.

1410.

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.

1411.

Technical corrections

(a)

Title 23

Title 23, United States Code, is amended as follows:

(1)

Section 150(c)(3)(B) is amended by striking the semicolon at the end and inserting a period.

(2)

Section 154(c) is amended—

(A)

in paragraph (3)(A) by striking transferred and inserting reserved; and

(B)

in paragraph (5)—

(i)

in the matter preceding subparagraph (A) by inserting or released after transferred; and

(ii)

in subparagraph (A) by striking under section 104(b)(l) and inserting under section 104(b)(1).

(3)

Section 164(b) is amended—

(A)

in paragraph (3)(A) by striking transferred and inserting reserved; and

(B)

in paragraph (5) by inserting or released after transferred.

(b)

MAP–21

Effective as of July 6, 2012, and as if included therein as enacted, MAP–21 (Public Law 112–141) is amended as follows:

(1)

Section 1109(a)(2) (126 Stat. 444) is amended by striking fourth and inserting fifth.

(2)

Section 1203 (126 Stat. 524) is amended—

(A)

in subsection (a) by striking Section 150 of title 23, United States Code, is amended to read as follows and inserting Title 23, United States Code, is amended by inserting after section 149 the following; and

(B)

in subsection (b) by striking by striking the item relating to section 150 and inserting and inserting by inserting after the item relating to section 149.

(3)

Section 1313(a)(1) (126 Stat. 545) is amended to read as follows:

(1)

in the section heading by striking pilot; and

.

(4)

Section 1314(b) (126 Stat. 549) is amended—

(A)

by inserting chapter 3 of after analysis for; and

(B)

by inserting a period at the end of the matter proposed to be inserted.

(5)

Section 1519(c) (126 Stat. 575) is amended—

(A)

by striking paragraph (3);

(B)

by redesignating paragraphs (4) through (12) as paragraphs (3) through (11), respectively;

(C)

in paragraph (7), as redesignated by subparagraph (B) of this paragraph—

(i)

by striking the period at the end of the matter proposed to be struck; and

(ii)

by adding a period at the end; and

(D)

in paragraph (8)(A)(i)(I), as redesignated by subparagraph (B) of this paragraph, by striking than rail in the matter proposed to be struck and inserting than on rail.

(6)

Section 1528 is amended—

(A)

in subsection (b) by inserting (or a lower percentage if so requested by a State with respect to a project) after 100 percent; and

(B)

in subsection (c) by inserting (or a lower percentage if so requested by a State with respect to a project) after 100 percent.

1412.

Safety for users

(a)

In General

The Secretary shall encourage each State and metropolitan planning organization to adopt standards for the design of Federal surface transportation projects that provide for the safe and adequate accommodation (as determined by the State) in all phases of project planning, development, and operation, of all users of the surface transportation network, including motorized and nonmotorized users.

(b)

Report

Not later than 2 years after the date of enactment of this section, the Secretary shall make available to the public a report cataloging examples of State law or State transportation policy that provides for the safe and adequate accommodation, in all phases of project planning, development, and operation of all users of the surface transportation network.

(c)

Best practices

Based on the report required under subsection (b), the Secretary shall identify and disseminate examples of best practices where States have adopted measures that have successfully provided for the safe and adequate accommodation of all users of the transportation network in all phases of project development and operation.

1413.

Design standards

(a)

In general

Section 109 of title 23, United States Code, is amended—

(1)

in subsection (c)—

(A)

in paragraph (1)—

(i)

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.

1414.

Reserve fund

(a)

Limitation

(1)

In general

Notwithstanding funding, authorizations of appropriations, and contract authority described in sections 1101, 1102, 3017, 4001, 5101, and 6002 of this Act, including the amendments made by such sections, sections 125 and 147 of title 23, United States Code, and section 5338(a) of title 49, United States Code, no funding, authorization of appropriations, and contract authority described in those sections for fiscal years 2019 through 2021 shall exist unless and only to the extent that a subsequent Act of Congress causes additional monies to be deposited in the Highway Trust Fund.

(2)

Administrative expenses

The limitation on funds provided in paragraph (1) shall not apply to—

(A)

administrative expenses of the Federal Highway Administration under sections 104(a) and 608(a)(6) of title 23, United States Code;

(B)

administrative expenses of the National Highway Traffic Safety Administration under section 4001(a)(6) of this Act;

(C)

administrative expenses of the Federal Motor Carrier Safety Administration under section 5103 of this Act; and

(D)

administrative expenses of the Federal Transit Administration under section 5338(h) of title 49, United States Code.

(b)

Adjustments to contract authority

(1)

In general

Chapter 1 of title 23, United States Code, is amended by inserting after section 104 the following:

105.

Adjustments to contract authority

(a)

Calculation

(1)

In general

The President shall include in each of the fiscal year 2017 through 2021 budget submissions to Congress under section 1105(a) of title 31, for each of the Highway Account and the Mass Transit Account, a calculation of the difference between—

(A)

the actual level of monies deposited in that account for the most recently completed fiscal year; and

(B)

the estimated level of receipts for that account for the most recently completed fiscal year, as specified in paragraph (2).

(2)

Estimate

The estimated level of receipts specified in this paragraph are—

(A)

for the Highway Account—

(i)

for fiscal year 2015, $35,740,259,248;

(ii)

for fiscal year 2016, $35,498,000,000;

(iii)

for fiscal year 2017, $35,879,000,000;

(iv)

for fiscal year 2018, $36,084,000,000; and

(v)

for fiscal year 2019, $36,117,000,000; and

(B)

for the Mass Transit Account—

(i)

for fiscal year 2015, $5,048,527,972;

(ii)

for fiscal year 2016, $5,020,000,000;

(iii)

for fiscal year 2017, $5,024,000,000;

(iv)

for fiscal year 2018, $5,011,000,000; and

(v)

for fiscal year 2019, $4,981,000,000.

(3)

Technical correction

For purposes of paragraph (1)(A), the term actual level of monies deposited in that account shall not include funding of the Highway Trust Fund provided by section 2002 of Public Law 114–41.

(b)

Adjustments to contract authority

(1)

Additional amounts

If the difference determined in a budget submission under subsection (a) for a fiscal year for the Highway Account or the Mass Transit Account is greater than zero, the Secretary shall on October 1 of the budget year of that submission—

(A)

make available for programs authorized from such account for the budget year a total amount equal to—

(i)

the amount otherwise authorized to be appropriated for such programs for such budget year; plus

(ii)

an amount equal to such difference; and

(B)

distribute the additional amount under subparagraph (A)(ii) to each of such programs in accordance with subsection (c).

(2)

Reduction

If the difference determined in a budget submission under subsection (a) for a fiscal year for the Highway Account or the Mass Transit Account is less than zero, the Secretary shall on October 1 of the budget year of that submission—

(A)

make available for programs authorized from such account for the budget year a total amount equal to—

(i)

the amount otherwise authorized to be appropriated for such programs for such budget year; minus

(ii)

an amount equal to such difference; and

(B)

apply the total adjustment under subparagraph (A)(ii) to each of such programs in accordance with subsection (c).

(c)

Distribution of adjustment among programs

(1)

In general

In making an adjustment for the Highway Account or the Mass Transit Account for a budget 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 budget year; bears to

(ii)

the total amount authorized to be appropriated for such budget year for all programs under such account;

(B)

multiply the ratio determined under subparagraph (A) by the applicable difference calculated under subsection (a); and

(C)

adjust the amount that the Secretary would otherwise have allocated for the program for such budget 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 or subtract 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—

(1)

an adjustment of funding under subsection (c)(1); and

(2)

any calculation under subsection (b) or (c) related to such an adjustment.

(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 amounts calculated under subsection (a) for each of fiscal years 2017 through 2021.

(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 3017 of the Surface Transportation Reauthorization and Reform Act of 2015—

(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)

Budget year

The term budget year means the fiscal year for which a budget submission referenced in subsection (a)(1) is submitted.

(2)

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 Surface Transportation Reauthorization and Reform Act of 2015; and

(C)

the Federal Motor Carrier Safety Administration, as authorized under section 31110 of title 49.

(3)

Highway Account

The term Highway Account means the portion of the Highway Trust Fund that is not the Mass Transit Account.

(4)

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.

.

(2)

Clerical amendment

The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 104 the following:

105. Adjustments to contract authority.

.

1415.

Adjustments

(a)

In general

On July 1, 2018, of the unobligated balances of funds apportioned among the States under chapter 1 of title 23, United States Code, a total of $6,000,000,000 is permanently rescinded.

(b)

Exclusions from rescission

The rescission under subsection (a) shall not apply to funds distributed in accordance with—

(1)

sections 104(b)(3) and 130(f) of title 23, United States Code;

(2)

sections 133(d)(1)(A) of such title;

(3)

the first sentence of section 133(d)(3)(A) of such title, as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141);

(4)

sections 133(d)(1) and 163 of such title, as in effect on the day before the date of enactment of SAFETEA–LU (Public Law 109–59); and

(5)

section 104(b)(5) of such title, as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141).

(c)

Distribution among States

The amount to be rescinded under this section from a State shall be determined by multiplying the total amount of the rescission in subsection (a) by the ratio that—

(1)

the unobligated balances subject to the rescission as of September 30, 2017, for the State; bears to

(2)

the unobligated balances subject to the rescission as of September 30, 2017, for all States.

(d)

Distribution within each State

The amount to be rescinded under this section from each program to which the rescission applies within a State shall be determined by multiplying the required rescission amount calculated under subsection (c) for such State by the ratio that—

(1)

the unobligated balance as of September 30, 2017, for such program in such State; bears to

(2)

the unobligated balances as of September 30, 2017, for all programs to which the rescission applies in such State.

1416.

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

(a)

In general

Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015, the Secretary shall designate national electric vehicle charging, hydrogen, propane, and natural gas fueling corridors that identify the near- and long-term need for, and location of, electric vehicle charging infrastructure, hydrogen 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 stations, hydrogen fueling stations, propane fueling stations, 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 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 infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure in those corridors by the end of fiscal year 2021.

.

(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, 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 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)

Delegation

The Administrator of General Services may install, construct, operate, and maintain on a reimbursable basis a battery recharging station in a parking area that is in the custody, control, or administrative jurisdiction of another Federal agency, at the request of such agency, or delegate such authority to another 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 subparagraphs (A) and (B), or the head of a Federal agency delegated authority, with respect to subparagraph (B), may carry 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 delegated authority 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 may be construed to affect 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 may be construed as repealing or limiting any existing authorities of a Federal agency to install, construct, operate, or maintain battery recharging stations.

(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 House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works a report describing—

(A)

the number of battery recharging stations installed by the Administrator on its own initiative under this subsection;

(B)

requests from other Federal agencies to install battery recharging stations;

(C)

delegations of authority to other Federal agencies under this subsection; and

(D)

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 that term in section 102 of title 40, United States Code.

(7)

Effective date

This subsection shall apply with respect to fiscal year 2016 and each succeeding fiscal year.

1417.

Ferries

Section 147 of title 23, United States Code, is amended by adding at the end the following:

(h)

Redistribution of unobligated amounts

The Secretary shall—

(1)

withdraw amounts allocated to eligible entities under this section 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 fiscal year beginning after a fiscal year in which a withdrawal is made under paragraph (1), redistribute the funds withdrawn, in accordance with the formula specified under subsection (d), among eligible entities with respect to which no amounts were withdrawn under paragraph (1).

.

1418.

Study on performance of bridges

(a)

In general

Subject to subsection (c), the Administrator of the Federal Highway Administration shall commission the Transportation Research Board of the National Academy of Sciences to conduct a study on the performance of bridges that are at least 15 years old and received funding under the innovative bridge research and construction program (in this section referred to 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) 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 a report on the results of the study commissioned under subsection (a) not later than 3 years after the date of enactment of this Act.

1419.

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.

1420.

Pilot program

(a)

In general

The Secretary may establish a pilot program that allows a State to utilize innovative approaches to maintain the right-of-way of Federal-aid highways within such State.

(b)

Limitation

A pilot program established under subsection (a) shall—

(1)

terminate after not more than 6 years;

(2)

include not more than 5 States; and

(3)

be subject to guidelines published by the Secretary.

(c)

Report

If the Secretary establishes a pilot program under subsection (a), the Secretary 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.

1421.

Innovative project delivery examples

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

(1)

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

(2)

by redesignating clause (v) as clause (vi); and

(3)

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

.

1422.

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.

1423.

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.

.

1424.

Interstate weight limits for emergency vehicles

Section 127(a) of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following:

(14)

Emergency vehicles

(A)

In general

With respect to an emergency vehicle, the following weight limits shall apply in lieu of the maximum and minimum weight limits specified in this subsection:

(i)

24,000 pounds on a single steering axle.

(ii)

33,500 pounds on a single drive axle.

(iii)

62,000 pounds on a tandem axle.

(iv)

A maximum gross vehicle weight of 86,000 pounds.

(B)

Emergency vehicle defined

In this paragraph, the term emergency vehicle means a vehicle designed—

(i)

to be used under emergency conditions to transport personnel and equipment; and

(ii)

to support the suppression of fires and mitigation of other hazardous situations.

.

1425.

Vehicle weight limitations—Interstate System

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 Texas highways

If any segment in 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 such designation may continue to operate on that segment, without regard to any requirement under this section.

(o)

Certain logging vehicles in 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 Wisconsin from mile marker 175.8 to mile marker 189.

.

1426.

New national goal, performance measure, and performance target

(a)

National goal

Section 150(b) of title 23, United States Code, is amended by adding at the end the following:

(8)

Integrated economic development

To improve road conditions in economically distressed urban communities and increase access to jobs, markets, and economic opportunities for people who live in such communities.

.

(b)

Performance measure

Section 150(c) of such title is amended by adding at the end the following:

(7)

Integrated economic development

The Secretary shall establish measures for States to use to assess the conditions, accessibility, and reliability of roads in economically distressed urban communities.

.

(c)

Performance target

Section 150(d)(1) of such title is amended by striking and (6) and inserting (6), and (7).

1427.

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), a State may allow the maintenance of a sign of a service club, charitable association, or religious service that was erected as of the date of enactment of this Act and the area of which is less than or equal to 32 square feet, if the State notifies the Federal Highway Administration.

1428.

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.

.

1429.

Motorcyclist advisory council

(a)

In general

The Secretary, acting through the Administrator of the Federal Highway Administration, and in consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, 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.

(b)

Composition

The Council shall consist of not more than 10 members of the motorcycling community with professional expertise in national motorcyclist safety advocacy, including—

(1)

at least—

(A)

1 member recommended by a national motorcyclist association;

(B)

1 member recommended by a national motorcycle riders foundation;

(C)

1 representative of the National Association of State Motorcycle Safety Administrators;

(D)

2 members of State motorcyclists' organizations;

(E)

1 member recommended by a national organization that represents the builders of highway infrastructure;

(F)

1 member recommended by a national association that represents the traffic safety systems industry; and

(G)

1 member of a national safety organization; and

(2)

at least 1, but not more than 2, motorcyclists who are traffic system design engineers or State transportation department officials.

1430.

Improvement of data collection on child occupants in vehicle crashes

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary shall revise the crash investigation data collection system of the National Highway Traffic Safety Administration to include the collection of the following data in connection with vehicle crashes whenever a child restraint system was in use in a vehicle involved in a crash:

(1)

The type or types of child restraint systems in use during the crash in any vehicle involved in the crash, including whether a five-point harness or belt-positioning booster.

(2)

If a five-point harness child restraint system was in use during the crash, whether the child restraint system was forward-facing or rear-facing in the vehicle concerned.

(b)

Consultation

In implementing subsection (a), the Secretary shall work with law enforcement officials, safety advocates, the medical community, and research organizations to improve the recordation of data described in subsection (a) in police and other applicable incident reports.

(c)

Report

Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on child occupant crash data collection in the crash investigation data collection system of the National Highway Traffic Safety Administration pursuant to the revision required by subsection (a).

1431.

Highway work zones

It is the sense of the House of Representatives 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.

1432.

Study on State procurement of culvert and storm sewer materials

(a)

In general

The Secretary shall evaluate the methods in which States procure culvert and storm sewer materials and the impact of those methods on project costs, including the extent to which such methods take into account environmental principles, engineering principles, and the varying needs of projects based on geographic location.

(b)

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 on the findings of the study conducted under subsection (a).

1433.

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.

1434.

Strategy to address structurally deficient bridges

The Secretary shall develop a comprehensive strategy to address structurally deficient and functionally obsolete bridges, as defined by the National Bridge Inventory, to identify the unique challenges posed by bridges in each of these respective categories, and to address such separate challenges and improve the condition of such bridges. Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit a report containing initial recommendations to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Not later than 1 year after such date of enactment, the Secretary shall transmit to such committees the final strategy required by this section.

1435.

Sense of Congress

It is the sense of Congress that the Nation’s engineering industry continues to provide critical technical expertise, innovation, and local knowledge to Federal and State agencies in order to efficiently deliver surface transportation projects to the public, and Congress recognizes the valuable contributions made by the Nation’s engineering industry and urges the Secretary to reinforce those partnerships by encouraging State and local agencies to take full advantage of engineering industry capabilities to strengthen project performance, improve domestic competitiveness, and create jobs.

1436.

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, the Secretary shall evaluate identification methods based on the ability of the method to—

(1)

convey information on the devices, including manufacturing date, factory of origin, product brand, and model;

(2)

withstand roadside conditions; and

(3)

connect to State and regional inventories of similar devices.

(c)

Identification methods

The identification methods to be studied under this section include stamped serial numbers, radio-frequency identification, and such other methods as the Secretary determines appropriate.

(d)

Report to Congress

Not later than January 1, 2018, the Secretary shall submit to Congress a report on the results of the study.

1437.

Use of modeling and simulation technology

It is the sense of Congress that the Department should utilize, to the fullest and most economically feasible extent practicable, modeling and simulation technology to analyze highway and public transportation projects authorized by this Act to ensure that these projects—

(1)

will increase transportation capacity and safety, alleviate congestion, and reduce travel time and environmental impacts; and

(2)

are as cost effective as practicable.

1438.

National Advisory Committee on Travel and Tourism Infrastructure

(a)

Findings

Congress finds that—

(1)

1 out of every 9 jobs in the United States depends on travel and tourism, and the industry supports 15,000,000 jobs in the United States;

(2)

the travel and tourism industry employs individuals in all 50 States, the District of Columbia, and all of the territories of the United States;

(3)

international travel to the United States is the single largest export industry in the Nation, generating a trade surplus balance of approximately $74,000,000,000;

(4)

travel and tourism provide significant economic benefits to the United States by generating nearly $2,100,000,000,000 in annual economic output; and

(5)

the United States intermodal transportation network facilitates the large-scale movement of business and leisure travelers, and is the most important asset of the travel industry.

(b)

Establishment

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory committee to be known as the National Advisory Committee on Travel and Tourism Infrastructure (in this section referred to as the Committee) to provide information, advice, and recommendations to the Secretary on matters relating to the role of intermodal transportation in facilitating mobility related to travel and tourism activities.

(c)

Membership

The Committee shall—

(1)

be composed of members appointed by the Secretary for terms of not more than 3 years; and

(2)

include a representative cross-section of public and private sector stakeholders involved in the travel and tourism industry, including representatives of—

(A)

the travel and tourism industry, product and service providers, and travel and tourism-related associations;

(B)

travel, tourism, and destination marketing organizations;

(C)

the travel and tourism-related workforce;

(D)

State tourism offices;

(E)

Sate departments of transportation;

(F)

regional and metropolitan planning organizations; and

(G)

local governments.

(d)

Role of committee

The Committee shall—

(1)

advise the Secretary on current and emerging priorities, issues, projects, and funding needs related to the use of the Nation’s intermodal transportation network to facilitate travel and tourism;

(2)

serve as a forum for discussion for travel and tourism stakeholders on transportation issues affecting interstate and interregional mobility of passengers;

(3)

promote the sharing of information between the private and public sectors on transportation issues impacting travel and tourism;

(4)

gather information, develop technical advise, and make recommendations to the Secretary on policies that improve the condition and performance of an integrated national transportation system that is safe, economical, and efficient, and that maximizes the benefits to the Nation generated through the United States travel and tourism industry;

(5)

identify critical transportation facilities and corridors that facilitate and support the interstate and interregional transportation of passengers for tourism, commercial, and recreational activities;

(6)

provide for development of measures of condition, safety, and performance for transportation related to travel and tourism;

(7)

provide for development of transportation investment, data, and planning tools to assist Federal, State, and local officials in making investment decisions relating to transportation projects that improve travel and tourism; and

(8)

address other issues of transportation policy and programs impacting the movement of travelers for tourism and recreational purposes, including by making legislative recommendations.

(e)

National travel and tourism infrastructure strategic plan

(1)

Initial development of national travel and tourism infrastructure strategic plan

Not later than 3 years after the date of enactment of this act, the Secretary shall, in consultation with the Committee, State departments of transportation, and other appropriate public and private transportation stakeholders, develop and post on the Department’s public Internet Web site a national travel and tourism infrastructure strategic plan that includes—

(A)

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

(B)

an identification of the issues on the national transportation network that create significant congestion problems and barriers to long-haul passenger travel and tourism,

(C)

forecasts of long-haul passenger travel and tourism volumes for the 20-year period beginning in the year during which the plan is issued;

(D)

an identification of the major transportation facilities and corridors for current and forecasted long-haul travel and tourism volumes, the identification of which shall be revised, as appropriate, in subsequent plans;

(E)

an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved long-haul passenger travel performance (including opportunities for overcoming the barriers);

(F)

best practices for improving the performance of the national transportation network; and

(G)

strategies to improve intermodal connectivity for long-haul passenger travel and tourism.

1439.

Regulation of motor carriers of property

Section 14501(c)(2)(C) of title 49, United States Code, is amended by striking the price of and all that follows through transportation is and inserting the regulation of tow truck operations.

1440.

Emergency exemptions

Any road, highway, railway, bridge, or transit facility that is damaged by an emergency that is declared by the Governor of the State and concurred in by the Secretary of Homeland Security or declared as an emergency by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and that is in operation or under construction on the date on which the emergency occurs—

(1)

may be reconstructed in the same location with the same capacity, dimensions, and design as before the emergency; and

(2)

shall be exempt from any environmental reviews, approvals, licensing, and permit requirements under—

(A)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B)

sections 402 and 404 of the Federal Water Pollution Control Act (33 U.S.C. 1342, 1344);

(C)

division A of subtitle III of title 54, United States Code;

(D)

the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);

(E)

the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.);

(F)

the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.);

(G)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), except when the reconstruction occurs in designated critical habitat for threatened and endangered species;

(H)

Executive Order 11990 (42 U.S.C. 4321 note; relating to the protection of wetland); and

(I)

any Federal law (including regulations) requiring no net loss of wetland.

1441.

Program to assist veterans to acquire commercial driver’s licenses

Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Defense, shall fully implement the recommendations contained in the report submitted under section 32308 of MAP–21 (49 U.S.C. 31301 note).

1442.

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 section 127(a) of title 23, United States Code, and the width limitation under section 31113(a) of title 49, United States Code, shall not apply to that segment with respect to the operation of any vehicle that may have legally operated on that segment before the date of the designation.

1443.

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 to eliminate hazards posed by blocked grade crossings due to idling trains.

1444.

Exemptions from requirements for certain welding trucks used in pipeline industry

(a)

Covered motor vehicle defined

In this section, the term covered motor vehicle means a motor vehicle that—

(1)

is traveling in the State in which the vehicle is registered or another State;

(2)

is owned by a welder;

(3)

is a pick-up style truck;

(4)

is equipped with a welding rig that is used in the construction or maintenance of pipelines; and

(5)

has a gross vehicle weight and combination weight rating and weight of 15,000 pounds or less.

(b)

Federal requirements

A covered motor vehicle, including the individual operating such vehicle and the employer of such individual, shall be exempt from the following:

(1)

Any requirement relating to registration as a motor carrier, including the requirement to obtain and display a Department of Transportation number, established under chapters 139 and 311 of title 49, United States Code.

(2)

Any requirement relating to driver qualifications established under chapter 311 of title 49, United States Code.

(3)

Any requirement relating to driving of commercial motor vehicles established under chapter 311 of title 49, United States Code.

(4)

Any requirement relating to parts and accessories and inspection, repair, and maintenance of commercial motor vehicles established under chapter 311 of title 49, United States Code.

(5)

Any requirement relating to hours of service of drivers, including maximum driving and on duty time, established under chapter 315 of title 49, United States Code.

1445.

Waiver

(a)

In general

The Secretary shall waive, for a covered logging vehicle, the application of any vehicle weight limit established under section 127 of title 23, United States Code.

(b)

Covered logging vehicle defined

In this section, the term covered logging vehicle means a vehicle that—

(1)

is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips;

(2)

has a gross vehicle weight of not more than 99,000 pounds;

(3)

has not less than 6 axles; and

(4)

is operating on a segment of Interstate Route 35 in Minnesota from mile marker 235.4 to mile marker 259.552.

1446.

Federal authority

(a)

In general

Section 14501(c) of title 49, United States Code, is amended—

(1)

in paragraph (1), by striking paragraphs (2) and (3) and inserting paragraphs (3) and (4);

(2)

by redesignating paragraphs (2) through (5) as paragraphs (3) through (6) respectively;

(3)

by inserting after paragraph (1) the following:

(2)

Additional limitations

(A)

A State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law prohibiting employees whose hours of service are subject to regulation by the Secretary under section 31502 from working to the full extent permitted or at such times as permitted under such section, or imposing any additional obligations on motor carriers if such employees work to the full extent or at such times as permitted under such section, including any related activities regulated under part 395 of title 49, Code of Federal Regulations.

(B)

A State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law that requires a motor carrier that compensates employees on a piece-rate basis to pay those employees separate or additional compensation, provided that the motor carrier pays the employee a total sum that when divided by the total number of hours worked during the corresponding work period is equal to or greater than the applicable hourly minimum wage of the State, political subdivision of the State, or political authority of 2 or more States.

(C)

Nothing in this paragraph shall be construed to limit the provisions of paragraph (1).

.

(4)

in paragraph (3) (as redesignated) by striking Paragraph (1)— and inserting Paragraphs (1) and (2)—; and

(5)

in paragraph (4)(A) (as redesignated) by striking Paragraph (1) and inserting Paragraphs (1) and (2).

(b)

Effective date

The amendments made by this section shall have the force and effect as if enacted on the date of enactment of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305).

II

Innovative Project Finance

2001.

Transportation Infrastructure Finance and Innovation Act of 1998 amendments

(a)

Definitions

(1)

Master credit agreement

Section 601(a)(10) of title 23, United States Code, is amended to read as follows:

(10)

Master credit agreement

The term master credit agreement means a conditional agreement to extend credit assistance for a program of related projects secured by a common security pledge (which shall receive an investment grade rating from a rating agency prior to the Secretary entering into such master credit agreement) under section 602(b)(2)(A), or for a single project covered under section 602(b)(2)(B) that does not provide for a current obligation of Federal funds, and that would—

(A)

make contingent commitments of 1 or more secured loans or other Federal credit instruments at future dates, subject to the availability of future funds being made available to carry out this chapter and subject to the satisfaction of all the conditions for the provision of credit assistance under this chapter, including section 603(b)(1);

(B)

establish the maximum amounts and general terms and conditions of the secured loans or other Federal credit instruments;

(C)

identify the 1 or more dedicated non-Federal revenue sources that will secure the repayment of the secured loans or secured Federal credit instruments;

(D)

provide for the obligation of funds for the secured loans or secured Federal credit instruments after all requirements have been met for the projects subject to the master credit agreement, including—

(i)

completion of an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(ii)

compliance with such other requirements as are specified in this chapter, including sections 602(c) and 603(b)(1); and

(iii)

the availability of funds to carry out this chapter; and

(E)

require that contingent commitments result in a financial close and obligation of credit assistance not later than 3 years after the date of entry into the master credit agreement, or release of the commitment, unless otherwise extended by the Secretary.

.

(2)

Rural infrastructure project

Section 601(a)(15) of title 23, United States Code, is amended to read as follows:

(15)

Rural infrastructure project

The term rural infrastructure project means a surface transportation infrastructure project located outside of a Census-Bureau-defined urbanized area.

.

(b)

Master credit agreements

Section 602(b)(2) of title 23, United States Code is amended to read as follows:

(2)

Master credit agreements

(A)

Program of related projects

The Secretary may enter into a master credit agreement for a program of related projects secured by a common security pledge on terms acceptable to the Secretary.

(B)

Adequate funding not available

If the Secretary fully obligates funding to eligible projects in a fiscal year, and adequate funding is not available to fund a credit instrument, a project sponsor of an eligible project may elect to enter into a master credit agreement and wait to execute a credit instrument until the fiscal year during which additional funds are available to receive credit assistance.

.

(c)

Eligible project costs

Section 602(a)(5) of title 23, United States Code, is amended—

(1)

in subparagraph (A) by inserting and (C) after (B); and

(2)

by adding at the end the following:

(C)

Local infrastructure projects

Eligible project costs shall be reasonably anticipated to equal or exceed $10,000,000 in the case of a project or program of projects—

(i)

in which the applicant is a local government, public authority, or instrumentality of local government;

(ii)

located on a facility owned by a local government; or

(iii)

for which the Secretary determines that a local government is substantially involved in the development of the project.

.

(d)

Limitation on refinancing of interim construction financing

Section 603(a)(2) of title 23, United States Code, is amended to read as follows:

(2)

Limitation on refinancing of interim construction financing

A loan under paragraph (1) shall not refinance interim construction financing under paragraph (1)(B)—

(A)

if the maturity of such interim construction financing is later than 1 year after the substantial completion of the project; and

(B)

later than 1 year after the date of substantial completion of the project.

.

(e)

Funding

Section 608(a) of title 23, United States Code, is amended—

(1)

by striking paragraph (4); and

(2)

by striking paragraph (6) and inserting the following:

(6)

Administrative costs

Of the amounts made available to carry out this chapter, the Secretary may use not more than $5,000,000 for fiscal year 2016, $5,150,000 for fiscal year 2017, $5,304,500 for fiscal year 2018, $5,463,500 for fiscal year 2019, $5,627,500 for fiscal year 2020, and $5,760,500 for fiscal year 2021 for the administration of this chapter.

.

2002.

State infrastructure bank program

Section 610 of title 23, United States Code, is amended—

(1)

in subsection (d)—

(A)

in paragraph (1) by striking subparagraph (A) and inserting the following:

(A)

10 percent of the funds apportioned to the State for each of fiscal years 2016 through 2021 under each of sections 104(b)(1) and 104(b)(2); and

;

(B)

in paragraph (2) by striking fiscal years 2005 through 2009 and inserting fiscal years 2016 through 2021;

(C)

in paragraph (3) by striking fiscal years 2005 through 2009 and inserting fiscal years 2016 through 2021; and

(D)

in paragraph (5) by striking section 133(d)(3) and inserting section 133(d)(1)(A)(i); and

(2)

in subsection (k) by striking fiscal years 2005 through 2009 and inserting fiscal years 2016 through 2021.

2003.

Availability payment concession model

(a)

Payment to States for construction

Section 121(a) of title 23, United States Code, is amended by inserting (including payments made pursuant to a long-term concession agreement, such as availability payments) after a project.

(b)

Project approval and oversight

Section 106(b)(1) of title 23, United States Code, is amended by inserting (including payments made pursuant to a long-term concession agreement, such as availability payments) after construction of the project.

2004.

Streamlined application process

Section 603 of title 23, United States Code, is amended by adding at the end the following:

(f)

Streamlined application process

(1)

In general

Not later than 180 days after the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015, the Secretary shall make available an expedited application process or processes available at the request of entities seeking secured loans under this chapter that use a set or sets of conventional terms established pursuant to this section.

(2)

Terms

In establishing the streamlined application process required by this subsection, the Secretary may include terms commonly included in prior credit agreements and allow for an expedited application period, including—

(A)

the secured loan is in an amount of not greater than $100,000,000;

(B)

the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge, tax increment financing, or a system-backed pledge of project revenues; and

(C)

repayment of the loan commence not later than 5 years after disbursement.

.

III

Public Transportation

3001.

Short title

This title may be cited as the Federal Public Transportation Act of 2015.

3002.

Definitions

Section 5302 of title 49, United States Code, is amended—

(1)

in paragraph (1)(C) by striking landscaping and;

(2)

by amending paragraph (3)(I) to read as follows:

(I)

the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts—

(i)

not to exceed 10 percent of such recipient’s annual formula apportionment under sections 5307 and 5311; or

(ii)

not to exceed 20 percent of such recipient's annual formula apportionment under sections 5307 and 5311, if consistent with guidance issued by the Secretary, the recipient demonstrates that the recipient meets at least one of the following requirements:

(I)

Provides an active fixed route travel training program that is available for riders with disabilities.

(II)

Provides that all fixed route and paratransit operators participate in a passenger safety, disability awareness, and sensitivity training class on at least a biennial basis.

(III)

Has memoranda of understanding in place with employers and American Job Centers to increase access to employment opportunities for people with disabilities.

; and

(3)

by adding at the end the following:

(24)

Value capture

The term value capture means recovering the increased property value to property located near public transportation resulting from investments in public transportation.

(25)

Base-model bus

The term base-model bus means a heavy-duty public transportation bus manufactured to meet, but not exceed, transit-specific minimum performance criteria developed by the Secretary.

.

3003.

Metropolitan and statewide transportation planning

(a)

In general

Section 5303 of title 49, United States Code, is amended—

(1)

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;

(2)

in subsection (d)—

(A)

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

(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);

(3)

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

(4)

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

(5)

in subsection (h)(1)—

(A)

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

(B)

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

(C)

by adding at the end the following:

(I)

improve the resilience and reliability of the transportation system.

;

(6)

in subsection (i)—

(A)

in paragraph (2)(A)(i) by striking transit and inserting public transportation facilities, intercity bus facilities;

(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) each place it appears and inserting paragraph (2)(E);

(7)

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 with 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 non-profit providers of public transportation, transportation management organizations, and organizations that provide job access reverse commute projects or job-related services to low-income individuals.

;

(8)

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; and

(9)

in subsection (p) by striking Funds set aside under section 104(f) and inserting Funds apportioned under section 104(b)(5).

(b)

Statewide and nonmetropolitan transportation planning

Section 5304 of title 49, 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;

(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 ; and; and

(iii)

by adding at the end the following:

(I)

improve the resilience and reliability of the transportation system.

; and

(B)

in paragraph (2)—

(i)

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

(ii)

in subparagraph (C) by striking urbanized; and

(3)

in subsection (f)(3)(A)(ii)—

(A)

by inserting public ports, before freight shippers,; and

(B)

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.

3004.

Urbanized area formula grants

Section 5307 of title 49, United States Code, is amended—

(1)

in subsection (a)—

(A)

by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;

(B)

by inserting before paragraph (2) (as so redesignated) the following:

(1)

Recipient defined

In this section, the term recipient means a designated recipient, State, or local governmental authority that receives a grant under this section directly from the Government.

;

(C)

in paragraph (3) (as so redesignated) by inserting or demand response service, excluding ADA complementary paratransit service, before during each place it appears; and

(D)

by adding at the end the following:

(4)

Exception to the special rule

Notwithstanding paragraph (3), if a public transportation system described in such paragraph executes a written agreement with 1 or more other public transportation systems to allocate funds under this subsection, other than by measuring vehicle revenue hours, each of the public transportation systems to the agreement may follow the terms of such agreement without regard to the percentages or the measured vehicle revenue hours referred to in such paragraph.

; and

(2)

in subsection (c)(1)(K)(i) by striking 1 percent and inserting one-half of 1 percent.

3005.

Fixed guideway capital investment grants

Section 5309 of title 49, United States Code, is amended—

(1)

in subsection (a)(6)—

(A)

in subparagraph (A) by inserting , small start projects, after new fixed guideway capital projects; and

(B)

by striking subparagraph (B) and inserting the following:

(B)

2 or more projects that are any combination of new fixed guideway capital projects, small start projects, and core capacity improvement projects.

;

(2)

in subsection (h)(6)—

(A)

by striking In carrying out and inserting the following:

(A)

In general

In carrying out

; and

(B)

by adding at the end the following:

(B)

Optional early rating

At the request of the project sponsor, the Secretary shall evaluate and rate the project in accordance with paragraphs (4) and (5) and subparagraph (A) of this paragraph upon completion of the analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

;

(3)

in subsection (i)—

(A)

in paragraph (1) by striking subsection (d) or (e) and inserting subsection (d), (e), or (h);

(B)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A) by inserting new fixed guideway capital project or core capacity improvement after federally funded;

(ii)

by striking subparagraph (D) and inserting the following:

(D)

the program of interrelated projects, when evaluated as a whole—

(i)

meets the requirements of subsection (d)(2), subsection (e)(2), or paragraphs (3) and (4) of subsection (h), as applicable, if the program is comprised entirely of—

(I)

new fixed guideway capital projects;

(II)

core capacity improvement projects; or

(III)

small start projects; or

(ii)

meets the requirements of subsection (d)(2) if the program is comprised of any combination of new fixed guideway projects, small start projects, and core capacity improvement projects.

;

(C)

by striking paragraph (3)(A) and inserting the following:

(A)

Project advancement

A project receiving a grant under this section that is part of a program of interrelated projects may not advance—

(i)

in the case of a small start project, from the project development phase to the construction phase unless the Secretary determines that the program of interrelated projects meets the applicable requirements of this section and there is a reasonable likelihood that the program will continue to meet such requirements; or

(ii)

in the case of a new fixed guideway capital project or a core capacity improvement project, from the project development phase to the engineering phase, or from the engineering phase to the construction phase, unless the Secretary determines that the program of interrelated projects meets the applicable requirements of this section and there is a reasonable likelihood that the program will continue to meet such requirements.

;

(4)

in subsection (l)—

(A)

by striking paragraph (1) and inserting the following:

(1)

In general

Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net capital project cost. A grant for a new fixed guideway project shall not exceed 80 percent of the net capital project cost. A full funding grant agreement for a new fixed guideway project shall not include a share of more than 50 percent from the funds made available under this section. Funds made available under section 133 of title 23, United States Code, may not be used for a grant agreement under subsection (d). A grant for a core capacity project shall not exceed 80 percent of the net capital project cost of the incremental cost to increase the capacity in the corridor. A grant for a small start project shall not exceed 80 percent of the net capital project costs.

; and

(B)

by striking paragraph (4) and inserting the following:

(4)

Remaining costs

The remainder of the net project costs shall be provided—

(A)

in cash from non-Government sources other than revenues from providing public transportation services;

(B)

from revenues from the sale of advertising and concessions;

(C)

from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; or

(D)

from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation.

;

(5)

by striking subsection (n) and redesignating subsection (o) as subsection (n); and

(6)

by adding at the end the following:

(o)

Special rule

For the purposes of calculating the cost effectiveness of a project described in subsection (d) or (e), the Secretary shall not reduce or eliminate the capital costs of art and landscaping elements from the annualized capital cost calculation.

.

3006.

Formula grants for enhanced mobility of seniors and individuals with disabilities

Section 5310 of title 49, United States Code, is amended by adding at the end the following:

(i)

Best practices

The Secretary shall collect from, review, and disseminate to public transit agencies innovative practices, program models, new service delivery options, findings from activities under subsection (h), and transit cooperative research program reports.

.

3007.

Formula grants for rural areas

Section 5311(g)(3) of title 49, United States Code, is amended—

(1)

by redesignating subparagraphs (A) through (D) as subparagraphs (C) through (F), respectively;

(2)

by inserting before subparagraph (C) (as so redesignated) the following:

(A)

may be provided in cash from non-Government sources other than revenues from providing public transportation services;

(B)

may be provided from revenues from the sale of advertising and concessions;

; and

(3)

in subparagraph (F) (as so redesignated) by inserting , including all operating and capital costs of such service whether or not offset by revenue from such service, after the costs of a private operator for the unsubsidized segment of intercity bus service.

3008.

Public transportation innovation

(a)

Consolidation of programs

Section 5312 of title 49, United States Code, is amended—

(1)

by striking the section designation and heading and inserting the following:

5312.

Public transportation innovation

;

(2)

by redesignating subsections (a) through (f) as subsections (b) through (g), respectively;

(3)

by inserting before subsection (b) (as so redesignated) the following:

(a)

In general

The Secretary shall provide assistance for projects and activities to advance innovative public transportation research and development in accordance with the requirements of this section.

;

(4)

in subsection (e)(5) (as so redesignated)—

(A)

in subparagraph (A) by striking clause (vi) and redesignating clause (vii) as clause (vi);

(B)

in subparagraph (B) by striking recipients and inserting participants;

(C)

in subparagraph (C) by striking clause (ii) and inserting the following:

(ii)

Government share of costs for certain projects

A grant for a project carried out under this paragraph shall be 80 percent of the net project cost of the project unless the grant recipient requests a lower grant percentage.

; and

(D)

by striking subparagraph (G);

(5)

in subsection (f) (as so redesignated)—

(A)

by striking (f) and all that follows before paragraph (1) and inserting the following:

(f)

Annual report on research

Not later than the first Monday in February of each year, the Secretary shall make available to the public on the Web site of the Department of Transportation, a report that includes—

;

(B)

in paragraph (1) by adding and at the end;

(C)

in paragraph (2) by striking ; and and inserting a period; and

(D)

by striking paragraph (3); and

(6)

by adding at the end the following:

(h)

Transit cooperative research program

(1)

In general

The amounts made available under section 5338(b) are available for a public transportation cooperative research program.

(2)

Independent governing board

(A)

Establishment

The Secretary shall establish an independent governing board for the program under this subsection.

(B)

Recommendations

The board shall recommend public transportation research, development, and technology transfer activities the Secretary considers appropriate.

(3)

Federal assistance

The Secretary may make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out activities under this subsection that the Secretary considers appropriate.

(4)

Government's share

If there would be a clear and direct financial benefit to an entity under a grant or contract financed under this subsection, the Secretary shall establish a Government share consistent with that benefit.

(5)

Limitation on applicability

Subsections (f) and (g) shall not apply to activities carried out under this subsection.

.

(b)

Conforming amendments

Section 5312 of such title (as amended by subsection (a) of this section) is further amended—

(1)

in subsection (c)(1) by striking subsection (a)(2) and inserting subsection (b)(2);

(2)

in subsection (d)—

(A)

in paragraph (1) by striking subsection (a)(2) and inserting subsection (b)(2); and

(B)

in paragraph (2)(A) by striking subsection (b) and inserting subsection (c);

(3)

in subsection (e)(2) in each of subparagraphs (A) and (B) by striking subsection (a)(2) and inserting subsection (b)(2); and

(4)

in subsection (f)(2) by striking subsection (d)(4) and inserting subsection (e)(4).

(c)

Repeal

Section 5313 of such title, and the item relating to that section in the analysis for chapter 53 of such title, are repealed.

(d)

Clerical amendment

The analysis for chapter 53 of such title is amended by striking the item relating to section 5312 and inserting the following:

5312. Public transportation innovation.

.

3009.

Technical assistance and workforce development

(a)

In general

Section 5314 of title 49, United States Code, is amended to read as follows:

5314.

Technical assistance and workforce development

(a)

Technical assistance and standards

(1)

Technical assistance and standards development

(A)

In general

The Secretary may make grants and enter into contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, and instrumentalities of the Government) to carry out activities that the Secretary determines will assist recipients of assistance under this chapter to—

(i)

more effectively and efficiently provide public transportation service;

(ii)

administer funds received under this chapter in compliance with Federal law; and

(iii)

improve public transportation.

(B)

Eligible activities

The activities carried out under subparagraph (A) may include—

(i)

technical assistance; and

(ii)

the development of voluntary and consensus-based standards and best practices by the public transportation industry, including standards and best practices for safety, fare collection, intelligent transportation systems, accessibility, procurement, security, asset management to maintain a state of good repair, operations, maintenance, vehicle propulsion, communications, and vehicle electronics.

(2)

Technical assistance

The Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations that have the appropriate demonstrated capacity to provide public-transportation-related technical assistance under this subsection. The Secretary may enter into such contracts, cooperative agreements, and other agreements to assist providers of public transportation to—

(A)

comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) through technical assistance, demonstration programs, research, public education, and other activities related to complying with such Act;

(B)

comply with human services transportation coordination requirements and to enhance the coordination of Federal resources for human services transportation with those of the Department of Transportation through technical assistance, training, and support services related to complying with such requirements;

(C)

meet the transportation needs of elderly individuals;

(D)

increase transit ridership in coordination with metropolitan planning organizations and other entities through development around public transportation stations through technical assistance and the development of tools, guidance, and analysis related to market-based development around transit stations;

(E)

address transportation equity with regard to the effect that transportation planning, investment, and operations have for low-income and minority individuals;

(F)

facilitate best practices to promote bus driver safety;

(G)

meet the requirements of sections 5323(j) and 5323(m);

(H)

assist with the development and deployment of zero emission transit technologies; and

(I)

any other technical assistance activity that the Secretary determines is necessary to advance the interests of public transportation.

(3)

Annual report on technical assistance

Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives a report that includes—

(A)

a description of each project that received assistance under this subsection during the preceding fiscal year;

(B)

an evaluation of the activities carried out by each organization that received assistance under this subsection during the preceding fiscal year;

(C)

a proposal for allocations of amounts for assistance under this subsection for the subsequent fiscal year; and

(D)

measurable outcomes and impacts of the programs funded under subsections (b) and (c).

(4)

Government share of costs

(A)

In general

The Government share of the cost of an activity carried out using a grant under this subsection may not exceed 80 percent.

(B)

Non-Government share

The non-Government share of the cost of an activity carried out using a grant under this subsection may be derived from in-kind contributions.

(b)

Human resources and training

(1)

In general

The Secretary may undertake, or make grants and contracts for, programs that address human resource needs as they apply to public transportation activities. A program may include—

(A)

an employment training program;

(B)

an outreach program to increase veteran, female, individual with a disability, minority (including American Indian or Alaska Native, Asian, Black or African American, native Hawaiian or other Pacific Islander, and Hispanic) employment in public transportation activities;

(C)

research on public transportation personnel and training needs;

(D)

training and assistance for veteran and minority business opportunities; and

(E)

consensus-based national training standards and certifications in partnership with industry stakeholders.

(2)

Innovative public transportation frontline workforce development program

(A)

In general

The Secretary shall establish a competitive grant program to assist the development of innovative activities eligible for assistance under subparagraph (1).

(B)

Eligible programs

A program eligible for assistance under subsection (a) shall—

(i)

develop apprenticeships for transit maintenance and operations occupations, including hands-on, peer trainer, classroom and on-the-job training as well as training for instructors and on-the-job mentors;

(ii)

build local, regional, and statewide transit training partnerships in coordination with entities such as local employers, local public transportation operators, labor union organizations, workforce development boards, State workforce agencies, State apprenticeship agencies (where applicable), and community colleges and university transportation centers, to identify and address workforce skill gaps and develop skills needed for delivering quality transit service and supporting employee career advancement;

(iii)

provide improved capacity for safety, security, and emergency preparedness in local transit systems through—

(I)

developing the role of the frontline workforce in building and sustaining safety culture and safety systems in the industry and in individual public transportation systems;

(II)

specific training, in coordination with the National Transit Institute, on security and emergency preparedness, including protocols for coordinating with first responders and working with the broader community to address natural disasters or other threats to transit systems; and

(III)

training to address frontline worker roles in promoting health and safety for transit workers and the riding public, and improving communication during emergencies between the frontline workforce and the riding public;

(iv)

address current or projected workforce shortages by developing career pathway partnerships with high schools, community colleges, and other community organizations for recruiting and training underrepresented populations, including minorities, women, individuals with disabilities, veterans, and low-income populations as successful transit employees who can develop careers in the transit industry; or

(v)

address youth unemployment by directing the Secretary to award grants to local entities for work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to provide unemployed, low-income young adults and low-income youth with skills that will lead to employment.

(C)

Selection of recipients

To the maximum extent feasible, the Secretary shall select recipients that—

(i)

are geographically diverse;

(ii)