Text of S. 2302 (116th): America’s Transportation Infrastructure Act of 2019 (Reported by Senate Committee version)

Calendar No. 170

116th CONGRESS

1st Session

S. 2302

IN THE SENATE OF THE UNITED STATES

July 29, 2019

Mr. Barrasso (for himself, Mr. Carper, Mrs. Capito, and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

August 1, 2019

Reported by Mr. Barrasso, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To amend title 23, United States Code, to authorize funds for Federal-aid highways and highway safety construction programs, and for other purposes.

(a)

This Act may be cited as the America's Transportation Infrastructure Act of 2019.

(b)

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Effective date.

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. Emergency relief.

Sec. 1107. Federal share payable.

Sec. 1108. Railway-highway grade crossings.

Sec. 1109. Surface transportation block grant program.

Sec. 1110. Nationally significant freight and highway projects.

Sec. 1111. Highway safety improvement program.

Sec. 1112. Federal lands transportation program.

Sec. 1113. Federal lands access program.

Sec. 1114. National highway freight program.

Sec. 1115. Congestion mitigation and air quality improvement program.

Sec. 1116. National scenic byways program.

Sec. 1117. Alaska Highway.

Sec. 1118. Toll roads, bridges, tunnels, and ferries.

Sec. 1119. Bridge investment program.

Sec. 1120. Safe routes to school program.

Sec. 1121. Highway use tax evasion projects.

Sec. 1122. Construction of ferry boats and ferry terminal facilities.

Sec. 1123. Balance exchanges for infrastructure program.

Sec. 1124. Safety incentive programs.

Sec. 1125. Wildlife crossing safety.

Sec. 1126. Consolidation of programs.

Sec. 1127. State freight advisory committees.

Sec. 1128. Territorial and Puerto Rico highway program.

Subtitle B—Planning and performance management

Sec. 1201. Transportation planning.

Sec. 1202. Fiscal constraint on long-range transportation plans.

Sec. 1203. State human capital plans.

Sec. 1204. Accessibility data pilot program.

Sec. 1205. Prioritization process pilot program.

Sec. 1206. Exemptions for low population density states.

Sec. 1207. Travel demand data and modeling.

Sec. 1208. Increasing safe and accessible transportation options.

Subtitle C—Project delivery and process improvement

Sec. 1301. Efficient environmental reviews for project decisionmaking and One Federal Decision.

Sec. 1302. Work zone process reviews.

Sec. 1303. Transportation management plans.

Sec. 1304. Intelligent transportation systems.

Sec. 1305. Alternative contracting methods.

Sec. 1306. Flexibility for projects.

Sec. 1307. Improved Federal-State stewardship and oversight agreements.

Sec. 1308. Geomatic data.

Sec. 1309. Evaluation of projects within an operational right-of-way.

Sec. 1310. Department of Transportation reports.

Subtitle D—Climate change

Sec. 1401. Grants for charging and fueling infrastructure to modernize and reconnect America for the 21st century.

Sec. 1402. Reduction of truck emissions at port facilities.

Sec. 1403. Carbon reduction incentive programs.

Sec. 1404. Congestion relief program.

Sec. 1405. Freight plans.

Sec. 1406. Utilizing significant emissions with innovative technologies.

Sec. 1407. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) grant program.

Sec. 1408. Diesel emissions reduction.

Subtitle E—Miscellaneous

Sec. 1501. Additional deposits into Highway Trust Fund.

Sec. 1502. Stopping threats on pedestrians.

Sec. 1503. Transfer and sale of toll credits.

Sec. 1504. Forest Service Legacy Roads and Trails Remediation Program.

Sec. 1505. Disaster relief mobilization pilot program.

Sec. 1506. Appalachian regional development.

Sec. 1507. Requirements for transportation projects carried out through public-private partnerships.

Sec. 1508. Community connectivity pilot program.

Sec. 1509. Repeal of rescission.

Sec. 1510. Federal interagency working group for conversion of federal fleet to hybrid-electric vehicles, electric vehicles, and alternative fueled vehicles.

Sec. 1511. Cybersecurity tool; cyber coordinator.

Sec. 1512. Study on most effective upgrades to roadway infrastructure.

Sec. 1513. Study on vehicle-to-infrastructure communication technology.

Sec. 1514. Nonhighway recreational fuel study.

Sec. 1515. Buy America.

Sec. 1516. Report on data-driven infrastructure traffic safety improvements.

Sec. 1517. High priority corridors on the National Highway System.

Sec. 1518. Interstate weight limits.

Sec. 1519. Interstate exemption.

Sec. 1520. Report on air quality improvements.

Sec. 1521. Roadside highway safety hardware.

Sec. 1522. Permeable pavements study.

Sec. 1523. Emergency relief projects.

Sec. 1524. Certain gathering lines located on Federal land and Indian land.

Sec. 1525. Technical corrections.

TITLE II—Transportation infrastructure finance and innovation

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

TITLE III—Research, technology, and education

Sec. 3001. Surface transportation system funding alternatives.

Sec. 3002. Performance management data support program.

Sec. 3003. Data integration pilot program.

Sec. 3004. Emerging technology research pilot program.

Sec. 3005. Research and technology development and deployment.

Sec. 3006. Workforce development, training, and education.

Sec. 3007. Wildlife-vehicle collision research.

In this Act:

(1)

The term Department means the Department of Transportation.

(2)

The term Secretary means the Secretary of Transportation.

This Act and the amendments made by this Act take effect on October 1, 2020.

1101.

(a)

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

(1)

For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, the national highway freight program under section 167 of that title, and to carry out section 134 of that title—

(A)

$47,855,749,000 for fiscal year 2021;

(B)

$48,829,248,000 for fiscal year 2022;

(C)

$49,849,443,000 for fiscal year 2023;

(D)

$50,914,302,000 for fiscal year 2024; and

(E)

$51,979,162,000 for fiscal year 2025.

(2)

For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $300,000,000 for each of fiscal years 2021 through 2025.

(3)

(A)

For the tribal transportation program under section 202 of title 23, United States Code—

(i)

$565,000,000 for fiscal year 2021;

(ii)

$580,000,000 for fiscal year 2022;

(iii)

$595,000,000 for fiscal year 2023;

(iv)

$610,000,000 for fiscal year 2024; and

(v)

$625,000,000 for fiscal year 2025.

(B)

(i)

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

(I)

$413,000,000 for fiscal year 2021;

(II)

$423,000,000 for fiscal year 2022;

(III)

$433,000,000 for fiscal year 2023;

(IV)

$443,000,000 for fiscal year 2024; and

(V)

$453,000,000 for fiscal year 2025.

(ii)

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

(I)

the amount for the National Park Service is—

(aa)

$330,000,000 for fiscal year 2021;

(bb)

$338,000,000 for fiscal year 2022;

(cc)

$346,000,000 for fiscal year 2023;

(dd)

$354,000,000 for fiscal year 2024; and

(ee)

$362,000,000 for fiscal year 2025;

(II)

the amount for the United States Fish and Wildlife Service is $33,000,000 for each of fiscal years 2021 through 2025; and

(III)

the amount for the Forest Service is—

(aa)

$22,000,000 for fiscal year 2021;

(bb)

$23,000,000 for fiscal year 2022;

(cc)

$24,000,000 for fiscal year 2023;

(dd)

$25,000,000 for fiscal year 2024; and

(ee)

$26,000,000 for fiscal year 2025.

(C)

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

(i)

$280,000,000 for fiscal year 2021;

(ii)

$285,000,000 for fiscal year 2022;

(iii)

$290,000,000 for fiscal year 2023;

(iv)

$295,000,000 for fiscal year 2024; and

(v)

$300,000,000 for fiscal year 2025.

(4)

For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code—

(A)

$204,500,000 for fiscal year 2021;

(B)

$208,000,000 for fiscal year 2022;

(C)

$212,000,000 for fiscal year 2023;

(D)

$216,000,000 for fiscal year 2024; and

(E)

$221,500,000 for fiscal year 2025.

(5)

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

(A)

$1,050,000,000 for fiscal year 2021;

(B)

$1,075,000,000 for fiscal year 2022;

(C)

$1,100,000,000 for fiscal year 2023;

(D)

$1,125,000,000 for fiscal year 2024; and

(E)

$1,150,000,000 for fiscal year 2025.

(b)

(1)

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

(A)

To carry out the bridge investment program under section 124 of title 23, United States Code—

(i)

$600,000,000 for fiscal year 2021;

(ii)

$640,000,000 for fiscal year 2022;

(iii)

$650,000,000 for fiscal year 2023;

(iv)

$675,000,000 for fiscal year 2024; and

(v)

$700,000,000 for fiscal year 2025.

(B)

To carry out the congestion relief program under section 129(d) of title 23, United States Code, $40,000,000 for each of fiscal years 2021 through 2025.

(C)

To carry out section 151(f) of title 23, United States Code—

(i)

$100,000,000 for fiscal year 2021;

(ii)

$100,000,000 for fiscal year 2022;

(iii)

$200,000,000 for fiscal year 2023;

(iv)

$300,000,000 for fiscal year 2024; and

(v)

$300,000,000 for fiscal year 2025.

(D)

To carry out the formula safety incentive program under section 172 of title 23, United States Code, $500,000,000 for each of fiscal years 2021 through 2025.

(E)

To carry out the fatality reduction performance program under section 173 of title 23, United States Code, $100,000,000 for each of fiscal years 2021 through 2025.

(F)

To carry out the formula carbon reduction incentive program under section 177 of title 23, United States Code, $600,000,000 for each of fiscal years 2021 through 2025.

(G)

To carry out the carbon reduction performance program under section 178 of title 23, United States Code, $100,000,000 for each of fiscal years 2021 through 2025.

(H)

To carry out the PROTECT grant program under section 179 of title 23, United States Code, for each of fiscal years 2021 through 2025—

(i)

$786,000,000 for formula awards to States under subsection (c) of that section; and

(ii)

$200,000,000 for competitive grants under subsection (d) of that section, of which not less than $20,000,000 shall be for planning grants under paragraph (3) of that subsection.

(I)

(i)

To carry out the reduction of truck emissions at port facilities under section 1402—

(I)

$60,000,000 for fiscal year 2021;

(II)

$70,000,000 for fiscal year 2022;

(III)

$70,000,000 for fiscal year 2023;

(IV)

$80,000,000 for fiscal year 2024; and

(V)

$90,000,000 for fiscal year 2025.

(ii)

Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code.

(J)

(i)

To carry out the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94), $50,000,000 for each of fiscal years 2021 through 2025.

(ii)

Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code.

(2)

(A)

(i)

In addition to amounts made available under paragraph (1)(A), there are authorized to be appropriated to carry out the bridge investment program under section 124 of title 23, United States Code—

(I)

$600,000,000 for fiscal year 2021;

(II)

$640,000,000 for fiscal year 2022;

(III)

$650,000,000 for fiscal year 2023;

(IV)

$675,000,000 for fiscal year 2024; and

(V)

$700,000,000 for fiscal year 2025.

(ii)

Amounts made available under clause (i) shall be allocated in the same manner as if made available under paragraph (1)(A).

(B)

(i)

In addition to amounts made available under paragraph (1)(J), there is authorized to be appropriated to carry out section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94) $100,000,000 for each of fiscal years 2021 through 2025, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.

(ii)

Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94) is amended by striking subsection (h).

(c)

(1)

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

(A)

To carry out section 503(b) of title 23, United States Code, $153,431,378 for each of fiscal years 2021 through 2025.

(B)

To carry out section 503(c) of title 23, United States Code, $135,000,000 for each of fiscal years 2021 through 2025.

(C)

To carry out section 504 of title 23, United States Code—

(i)

$25,000,000 for fiscal year 2021;

(ii)

$26,000,000 for fiscal year 2022;

(iii)

$27,000,000 for fiscal year 2023;

(iv)

$27,000,000 for fiscal year 2024; and

(v)

$27,000,000 for fiscal year 2025.

(D)

To carry out sections 512 through 518 of title 23, United States Code, $110,000,000 for each of fiscal years 2021 through 2025.

(E)

To carry out section 5505 of title 49, United States Code—

(i)

$82,500,000 for fiscal year 2021;

(ii)

$84,000,000 for fiscal year 2022;

(iii)

$85,500,000 for fiscal year 2023;

(iv)

$87,000,000 for fiscal year 2024; and

(v)

$88,500,000 for fiscal year 2025.

(F)

To carry out chapter 63 of title 49, United States Code, $26,000,000 for each of fiscal years 2021 through 2025.

(2)

The Federal Highway Administration shall—

(A)

administer the programs described in subparagraphs (A), (B), and (C) of paragraph (1); and

(B)

in consultation with relevant modal administrations, administer the programs described in paragraph (1)(D).

(3)

Amounts authorized to be appropriated by paragraph (1) shall—

(A)

be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments by this Act) or otherwise determined by the Secretary; and

(B)

remain available until expended and not be transferable, except as otherwise provided by this Act.

(d)

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

(1)

For the wildlife crossings pilot program under section 174 of title 23, United States Code—

(A)

$55,000,000 for fiscal year 2021;

(B)

$60,000,000 for fiscal year 2022;

(C)

$45,000,000 for fiscal year 2023;

(D)

$45,000,000 for fiscal year 2024; and

(E)

$45,000,000 for fiscal year 2025.

(2)

(A)

For the prioritization process pilot program under section 1205, $10,000,000 for each of fiscal years 2021 through 2025.

(B)

Amounts made available under subparagraph (A) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code.

(3)

(A)

For the disaster relief mobilization pilot program under section 1505, $1,000,000 for each of fiscal years 2021 through 2025.

(B)

Amounts made available under subparagraph (A) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code, except that those amounts shall remain available until expended.

(4)

(A)

For planning grants under the community connectivity pilot program under section 1508(c)—

(i)

$20,000,000 for fiscal year 2021;

(ii)

$15,000,000 for fiscal year 2022;

(iii)

$10,000,000 for fiscal year 2023;

(iv)

$2,500,000 for fiscal year 2024; and

(v)

$2,500,000 for fiscal year 2025.

(B)

For capital construction grants under the community connectivity pilot program under section 1508(d), $14,000,000 for each of fiscal years 2021 through 2025.

(C)

Amounts made available under subparagraph (A) or (B) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code, except that those amounts shall remain available until expended.

(5)

(A)

For the open challenge and research proposal pilot program under section 3005(e), $15,000,000 for each of fiscal years 2021 through 2025.

(B)

Amounts made available under subparagraph (A) shall be available for obligation and administered as if apportioned under chapter 1 of title 23, United States Code.

(e)

(1)

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)

In this subsection:

(A)

(i)

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)

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 $25,790,000, as adjusted annually by the Secretary for inflation.

(B)

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)

Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under 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)

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)

(A)

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)

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)

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)

Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under 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)

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 ability of the Department to track and keep records of complaints and to make that information publicly available.

1102.

(a)

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)

$54,388,462,378 for fiscal year 2021;

(2)

$55,483,447,378 for fiscal year 2022;

(3)

$56,666,082,378 for fiscal year 2023;

(4)

$57,930,317,378 for fiscal year 2024; and

(5)

$59,103,552,378 for fiscal year 2025.

(b)

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);

(13)

section 119 of title 23, United States Code (as in effect for fiscal years 2016 through 2020, but only in an amount equal to $639,000,000 for each of those fiscal years); and

(14)

section 119 of title 23, United States Code (but, for fiscal years 2021 through 2025, only in an amount equal to $639,000,000 for each of those fiscal years).

(c)

For each of fiscal years 2021 through 2025, 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 (13) 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)(14) 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)(14) 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)

Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2021 through 2025—

(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; 126 Stat. 405)) and 104 of title 23, United States Code.

(e)

(1)

Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code.

(2)

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)

(1)

Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2021 through 2025, 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)

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

(3)

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.

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

(1)

in paragraph (4)—

(A)

in subparagraph (A), by inserting assessing resilience, after surveying,;

(B)

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

(C)

by redesignating subparagraph (H) as subparagraph (I); and

(D)

by inserting after subparagraph (G) the following:

(H)

improvements that reduce the number of wildlife-vehicle collisions, such as wildlife crossing structures; and

;

(2)

by redesignating paragraphs (17) through (34) as paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), and (36), respectively;

(3)

by inserting after paragraph (16) the following:

(17)

The term natural infrastructure means infrastructure that uses, restores, or emulates natural ecological processes and—

(A)

is created through the action of natural physical, geological, biological, and chemical processes over time;

(B)

is created by human design, engineering, and construction to emulate or act in concert with natural processes; or

(C)

involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes.

;

(4)

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

(24)

The term resilience, with respect to a project, means a project with the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or recover rapidly from disruptions, including the ability—

(A)

(i)

to resist hazards or withstand impacts from weather events and natural disasters; or

(ii)

to reduce the magnitude, duration, or impact of a disruptive weather event or natural disaster to a project; and

(B)

to have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to weather events or other natural disasters.

; and

(5)

in subparagraph (A) of paragraph (32) (as so redesignated)—

(A)

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

(B)

by striking through the implementation and inserting the following: “through—

(i)

the implementation

; and

(C)

by adding at the end the following:

(ii)

the consideration of incorporating natural infrastructure.

1104.

(a)

Section 104(a) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following:

(1)

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

(A)

$490,282,000 for fiscal year 2021;

(B)

$499,768,000 for fiscal year 2022;

(C)

$509,708,000 for fiscal year 2023;

(D)

$520,084,000 for fiscal year 2024; and

(E)

$530,459,000 for fiscal year 2025.

(b)

Section 104(b)(5) of title 23, United States Code, is amended by striking subparagraph (B) and inserting the following:

(B)

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

(i)

$1,625,000,000 for fiscal year 2021;

(ii)

$1,660,000,000 for fiscal year 2022;

(iii)

$1,700,000,000 for fiscal year 2023;

(iv)

$1,740,000,000 for fiscal year 2024; and

(v)

$1,775,000,000 for fiscal year 2025.

(c)

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

(1)

in paragraph (1)—

(A)

in the matter preceding subparagraph (A), by striking each of fiscal years 2016 through 2020 and inserting fiscal year 2021 and each fiscal year thereafter;

(B)

in subparagraph (A)(ii)(I), by striking fiscal year 2015 and inserting fiscal year 2020; and

(C)

by striking subparagraph (B) and inserting the following:

(B)

The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment that is—

(i)

equal to at least 95 percent of the estimated tax payments paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available that are—

(I)

attributable to highway users in the State; and

(II)

associated with taxes in effect on July 1, 2019, and only up to the rate those taxes were in effect on that date;

(ii)

at least 2 percent greater than the apportionment that the State received for fiscal year 2020; and

(iii)

at least 1 percent greater than the apportionment that the State received for the previous fiscal year.

; and

(2)

in paragraph (2), by striking fiscal years 2016 through 2020 and inserting fiscal year 2021 and each fiscal year thereafter.

(d)

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

(1)

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

(A)

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)

$1,160,000,000 for fiscal year 2021;

(ii)

$1,184,000,000 for fiscal year 2022;

(iii)

$1,208,000,000 for fiscal year 2023;

(iv)

$1,233,000,000 for fiscal year 2024; and

(v)

$1,259,000,000 for fiscal year 2025.

; and

(2)

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

(A)

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, pursuant to section 133(h)—

(i)

$1,200,000,000 for fiscal year 2021;

(ii)

$1,224,000,000 for fiscal year 2022;

(iii)

$1,248,000,000 for fiscal year 2023;

(iv)

$1,273,000,000 for fiscal year 2024; and

(v)

$1,299,000,000 for fiscal year 2025.

1105.

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

(1)

in subsection (b)—

(A)

in paragraph (2), by striking and at the end;

(B)

in paragraph (3), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(4)

to provide support for measures to increase the resiliency of Federal-aid highways and bridges on and off the National Highway System to mitigate the impacts of sea level rise, extreme weather events, flooding, or other natural disasters.

; and

(2)

by adding at the end the following:

(k)

(1)

A State may use not more than 15 percent of the funds apportioned to the State under section 104(b)(1) for each fiscal year for 1 or more protective features on a Federal-aid highway or bridge off the National Highway System, if the protective feature is designed to mitigate the risk of recurring damage, or the cost of future repairs, from extreme weather events, flooding, or other natural disasters.

(2)

A protective feature referred to in paragraph (1) may include—

(A)

raising roadway grades;

(B)

relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas;

(C)

stabilizing slide areas;

(D)

stabilizing slopes;

(E)

installing riprap;

(F)

lengthening or raising bridges to increase waterway openings;

(G)

deepening channels to prevent flooding;

(H)

increasing the size or number of drainage structures;

(I)

replacing culverts with bridges or upsizing culverts;

(J)

repairing or maintaining tide gates;

(K)

installing seismic retrofits on bridges;

(L)

adding scour protection at bridges;

(M)

adding scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes;

(N)

the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disasters; and

(O)

any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather events, flooding, or other natural disasters, as determined by the Secretary.

(3)

Nothing in this subsection limits the ability of a State to carry out a project otherwise eligible under subsection (d) using funds apportioned under section 104(b)(1).

1106.

Section 125 of title 23, United States Code, is amended—

(1)

in subsection (a)(1), by inserting wildfire, sea level rise, after severe storm;

(2)

by striking subsection (b) and inserting the following:

(b)

Funds under this section shall not be used for the repair or reconstruction of a bridge that has been permanently closed to all vehicular traffic by the Federal, State, Tribal, or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration.

; and

(3)

in subsection (d)—

(A)

in paragraph (2)(A)—

(i)

by striking the period at the end and inserting ; and

(ii)

by striking a facility that meets the current and inserting the following:

a facility that—

(i)

meets the current

; and

(iii)

by adding at the end the following:

(ii)

incorporates economically justifiable improvements designed to mitigate the risk of recurring damage from extreme weather events, flooding, or other natural disasters.

;

(B)

by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and

(C)

by inserting after paragraph (2) the following:

(3)

(A)

The cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that is designed to mitigate the risk of recurring damage, or the cost of future repair, from extreme weather events, flooding, or other natural disasters.

(B)

A protective feature referred to in subparagraph (A) may include—

(i)

raising roadway grades;

(ii)

relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas;

(iii)

stabilizing slide areas;

(iv)

stabilizing slopes;

(v)

installing riprap;

(vi)

lengthening or raising bridges to increase waterway openings;

(vii)

deepening channels to prevent flooding;

(viii)

increasing the size or number of drainage structures;

(ix)

replacing culverts with bridges or upsizing culverts;

(x)

repairing or maintaining tide gates;

(xi)

installing seismic retrofits on bridges;

(xii)

adding scour protection at bridges;

(xiii)

adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes;

(xiv)

the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disasters; and

(xv)

any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather events, flooding, or other natural disasters, as determined by the Secretary.

1107.

Section 120(c) of title 23, United States Code, is amended by adding at the end the following:

(4)

(A)

Notwithstanding any other provision of law, the Federal share payable for the cost of a protective feature on a Federal-aid highway or bridge project under this title may be up to 100 percent, at the discretion of the State, if the protective feature is an improvement designed to mitigate the risk of recurring damage, or the cost of future repair, from extreme weather events, flooding, or other natural disasters.

(B)

A protective feature referred to in subparagraph (A) may include—

(i)

raising roadway grades;

(ii)

relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas;

(iii)

stabilizing slide areas;

(iv)

stabilizing slopes;

(v)

installing riprap;

(vi)

lengthening or raising bridges to increase waterway openings;

(vii)

deepening channels to prevent flooding;

(viii)

increasing the size or number of drainage structures;

(ix)

replacing culverts with bridges or upsizing culverts;

(x)

repairing or maintaining tide gates;

(xi)

installing seismic retrofits on bridges;

(xii)

adding scour protection at bridges;

(xiii)

adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes;

(xiv)

the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disasters; and

(xv)

any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather events, flooding, or other natural disasters, as determined by the Secretary.

1108.

(a)

Section 130(e) of title 23, United States Code, is amended—

(1)

in the heading, by striking protective devices and inserting railway-Highway grade crossings; and

(2)

in paragraph (1)—

(A)

in subparagraph (A), by striking crossings in the matter preceding clause (i) and all that follows through 2020. in clause (v) and inserting the following: crossings and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2021 through 2025.; and

(B)

by striking subparagraph (B) and inserting the following:

(B)

A State may use funds set aside under subparagraph (A) for projects to reduce pedestrian fatalities and injuries from trespassing at grade crossings.

(b)

Section 130(f)(3) of title 23, United States Code, is amended by striking 90 percent and inserting 100 percent.

(c)

Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an analysis of the effectiveness of the railway-highway crossings program under section 130 of title 23, United States Code.

(d)

It is the sense of Congress that the Department should, where feasible, coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings.

1109.

(a)

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

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

in subparagraph (B)—

(I)

by adding or at the end;

(II)

by striking facilities eligible and inserting the following: “facilities—

(i)

that are eligible

; and

(III)

by adding at the end the following:

(ii)

that are privately or majority-privately owned, but that the Secretary determines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transportation system described in section 101(b)(3)(D);

;

(ii)

in subparagraph (E), by striking and at the end;

(iii)

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

(iv)

by adding at the end the following:

(G)

wildlife crossing structures.

;

(B)

in paragraph (3), by inserting 148(a)(4)(B)(xvii), after 119(g),;

(C)

by redesignating paragraphs (4) through (15) as paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13), (15), (16), and (17), respectively;

(D)

by inserting after paragraph (3) the following:

(4)

Projects that use natural infrastructure alone or in combination with other eligible projects to enhance resilience of a transportation facility otherwise eligible for assistance under this section.

;

(E)

by inserting after paragraph (13) (as so redesignated) the following:

(14)

Projects and strategies designed to reduce the number of wildlife-vehicle collisions, including project-related planning, design, construction, monitoring, and preventative maintenance.

; and

(F)

by adding at the end the following:

(18)

Rural barge landing, dock, and waterfront infrastructure projects in accordance with subsection (j).

;

(2)

in subsection (c)—

(A)

in paragraph (2), by striking paragraphs (4) through (11) and inserting paragraphs (5) through (12) and paragraph (18);

(B)

in paragraph (3), by striking and at the end;

(C)

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

(D)

by inserting after paragraph (3) the following:

(4)

for a bridge project for the replacement of a low water crossing (as defined by the Secretary) with a bridge; and

;

(3)

in subsection (d)—

(A)

in paragraph (1)(A), in the matter preceding clause (i), by striking the percentage specified in paragraph (6) for a fiscal year and inserting 55 percent for each of fiscal years 2021 through 2025; and

(B)

by striking paragraph (6);

(4)

in subsection (e)(1), in the matter preceding subparagraph (A), by striking fiscal years 2016 through 2020 and inserting fiscal years 2021 through 2025;

(5)

in subsection (f)—

(A)

in paragraph (1)—

(i)

by inserting or low water crossing (as defined by the Secretary) after a highway bridge; and

(ii)

by inserting or low water crossing (as defined by the Secretary) after other than a bridge;

(B)

in paragraph (2)(A), by striking activities described in subsection (b)(2) for off-system bridges and inserting activities described in paragraphs (1)(A) and (10) of subsection (b) for off-system bridges, projects and activities described in subsection (b)(1)(A) for the replacement of low water crossings with bridges, and projects and activities described in subsection (b)(10) for low water crossings (as defined by the Secretary),; and

(C)

in paragraph (3), in the matter preceding subparagraph (A)—

(i)

by striking bridge or rehabilitation of a bridge and inserting bridge, rehabilitation of a bridge, or replacement of a low water crossing (as defined by the Secretary) with a bridge; and

(ii)

by inserting or, in the case of a replacement of a low water crossing with a bridge, is determined by the Secretary on completion to have improved the safety of the location after no longer a deficient bridge;

(6)

in subsection (g)(1), by striking fiscal years 2016 through 2020 and inserting fiscal years 2021 through 2025;

(7)

by adding at the end the following:

(j)

(1)

A State may use not more than 5 percent of the funds apportioned to the State under section 104(b)(2) for eligible rural barge landing, dock, and waterfront infrastructure projects described in paragraph (2).

(2)

An eligible rural barge landing, dock, or waterfront infrastructure project referred to in paragraph (1) is a project for the planning, designing, engineering, or construction of a barge landing, dock, or other waterfront infrastructure in a rural community or a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))—

(A)

that is off the road system; and

(B)

for which the Secretary determines there is a lack of adequate infrastructure.

(b)

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

(1)

in paragraph (1)(A), by striking clauses (i) and (ii) and inserting the following:

(i)

$1,200,000,000 for fiscal year 2021;

(ii)

$1,224,000,000 for fiscal year 2022;

(iii)

$1,248,000,000 for fiscal year 2023;

(iv)

$1,273,000,000 for fiscal year 2024; and

(v)

$1,299,000,000 for fiscal year 2025; and

;

(2)

by striking paragraph (2) and inserting the following:

(2)

(A)

Except as provided in subparagraph (B), 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))—

(i)

for each fiscal year, the percentage specified in subsection (d)(1)(A) shall be deemed to be 57.5 percent; and

(ii)

paragraph (3) of that subsection shall not apply.

(B)

(i)

On approval of a plan submitted to the Secretary that describes the manner in which the plan will maximize local control and the means by which the State plans to comply with paragraph (8), the State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) to counties and other local transportation entities.

(ii)

A State that allocates funding under clause (i) to counties and other local transportation entities shall make available an equivalent amount of obligation limitation to those counties and other local transportation entities.

;

(3)

in paragraph (4)(B)—

(A)

in clause (vii), by striking responsible and all that follows through programs;

(B)

in clause (viii), by inserting that serves an urbanized population of over 200,000 after metropolitan planning organization;

(C)

by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; and

(D)

by inserting after clause (vi) the following:

(vii)

a metropolitan planning organization that serves an urbanized population of 200,000 or fewer;

;

(4)

in paragraph (6), by adding at the end the following:

(C)

(i)

A State may elect to use an amount equal to not more than 7 percent of the funds reserved for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by—

(I)

providing to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and

(II)

providing funding for 1 or more full-time State employee positions to administer this subsection.

(ii)

Amounts used under clause (i) may be expended—

(I)

directly by the State; or

(II)

through contracts with State agencies, private entities, or nonprofit entities.

;

(5)

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

(6)

by inserting after paragraph (6) the following:

(7)

(A)

(i)

The average annual non-Federal share of the total cost of all projects carried out under this subsection in a State for a fiscal year shall be not less than the non-Federal share authorized for the State under section 120(b).

(ii)

Subject to clause (i), the Federal share of the total cost of a single project carried out under this subsection may be up to 100 percent.

(B)

Subject to subparagraph (A), notwithstanding section 120—

(i)

funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project type under this subsection that the Secretary determines to have an expected safety benefit; and

(ii)

the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis.

1110.

(a)

Section 117 of title 23, United States Code, is amended—

(1)

in subsection (a)(2)—

(A)

in subparagraph (A), by inserting in and across rural and urban areas after people; and

(B)

in subparagraph (F), by inserting , including highways that support movement of energy equipment after security;

(2)

in subsection (b), by adding at the end the following:

(3)

The Secretary may—

(A)

retain not more than a total of 2 percent of the funds made available to carry out this section for the National Surface Transportation and Innovative Finance Bureau to review applications for grants under this section; and

(B)

transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this section.

;

(3)

in subsection (d)—

(A)

in paragraph (1)(A)—

(i)

in clause (iii)(II), by striking or at the end;

(ii)

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

(iii)

by adding at the end the following:

(v)

a wildlife crossing project; and

;

(B)

in paragraph (2)(A), in the matter preceding clause (i)—

(i)

by striking $500,000,000 and inserting 30 percent; and

(ii)

by striking fiscal years 2016 through 2020, in the aggregate, and inserting each of fiscal years 2021 through 2025; and

(C)

by adding at the end the following:

(3)

(A)

Not less than $500,000,000 of the amounts made available for grants under this section for fiscal years 2021 through 2025, in the aggregate, shall be used to make grants for Interstate interchange projects between 2 routes on the Interstate System that—

(i)

are located in a State—

(I)

with a population density of not more than 80 persons per square mile of land area, based on the 2010 census; and

(II)

that has 3 or fewer Interstate interchanges between 2 routes on the Interstate System; and

(ii)

are projects that—

(I)

address a freight system need identified in a State freight plan under section 70202 of title 49 (referred to in this paragraph as a State freight plan);

(II)

address a freight mobility issue identified in a State freight plan; or

(III)

are identified in a State freight plan.

(B)

A project described in subparagraph (A)(ii)(III) may include a project listed in the freight investment plan required under section 70202(b)(9) of title 49.

(C)

If, in fiscal year 2025, the Secretary determines that grants under this paragraph will not allow for the amount reserved under subparagraph (A) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under this section during that fiscal year.

(4)

(A)

Not less than $500,000,000 of the amounts made available for grants under this section for fiscal years 2021 through 2025, in the aggregate, shall be used to make grants to eligible projects that are located in a State with a population density of not less than 400 persons per square mile of land area, based on the 2010 census.

(B)

A project described in subparagraph (A) may include a project listed in the freight investment plan required under section 70202(b)(9) of title 49.

(C)

;

(4)

in subsection (e)—

(A)

in paragraph (1), by striking 10 percent and inserting not less than 15 percent;

(B)

in paragraph (3)—

(i)

in subparagraph (A), by striking and at the end;

(ii)

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

(iii)

by adding at the end the following:

(C)

the effect of the proposed project on safety on freight corridors with significant hazards, such as high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades.

; and

(C)

by adding at the end the following:

(4)

Of the amounts reserved under paragraph (1), not less than 30 percent shall be used for projects in rural areas (as defined in subsection (i)(3)).

;

(5)

in subsection (h)—

(A)

in paragraph (2), by striking and at the end;

(B)

in paragraph (3), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(4)

enhancement of freight resilience to natural hazards or disasters, including high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades.

;

(6)

in subsection (i)(2), by striking other grants under this section and inserting grants under subsection (e);

(7)

in subsection (j)—

(A)

by striking the subsection designation and heading and all that follows through The Federal share in paragraph (1) and inserting the following:

(j)

(1)

(A)

Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share

;

(B)

in paragraph (1), by adding at the end the following:

(B)

In the case of a project described in subsection (e)(1), the Federal share of the cost of the project shall be 80 percent.

; and

(C)

in paragraph (2)—

(i)

by striking Federal assistance other and inserting Except for grants under subsection (q), Federal assistance other; and

(ii)

by striking except that the total Federal and inserting the following:

except that—

(A)

for a State with a population density of not more than 80 persons per square mile of land area, based on the 2010 census, the maximum share of the total Federal assistance provided for a project receiving a grant under this section shall be the applicable share under section 120(b); and

(B)

for a State not described in subparagraph (A), the total Federal

;

(8)

by redesignating subsections (k) through (n) as subsections (l), (m), (n), and (p), respectively;

(9)

by inserting after subsection (j) the following:

(k)

(1)

Notwithstanding any other provision of law and subject to approval by the Secretary under paragraph (2)(B), in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed—

(A)

the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and

(B)

any non-Federal funds obligated or expended in accordance with subparagraph (A) shall be credited toward the non-Federal cost share for the project for which the grant is provided.

(2)

(A)

In order to obligate and expend non-Federal funds under paragraph (1), the grant recipient shall submit to the Secretary a request to obligate and expend non-Federal funds under that paragraph, including—

(i)

a description of the activities the grant recipient intends to fund;

(ii)

a justification for advancing the activities described in clause (i), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and

(iii)

the level of risk of the activities described in clause (i).

(B)

The Secretary shall approve or disapprove each request submitted under subparagraph (A).

(C)

Any non-Federal funds obligated or expended under paragraph (1) shall comply with all applicable requirements, including any requirements included in the grant agreement.

(3)

The obligation or expenditure of any non-Federal funds in accordance with this subsection shall not—

(A)

affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant;

(B)

create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or

(C)

affect the ability of recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in paragraph (1).

;

(10)

by inserting after subsection (n) (as so redesignated) the following:

(o)

(1)

Not later than 60 days after the date on which a grant recipient for a project under this section is selected, the Secretary shall provide to each eligible applicant not selected for that grant a written notification that the eligible applicant was not selected.

(2)

A written notification under paragraph (1) shall include an offer for a written or telephonic debrief by the Secretary that will provide—

(A)

detail on the evaluation of the application of the eligible applicant; and

(B)

an explanation of and guidance on the reasons the application was not selected for a grant under this section.

(3)

(A)

Not later than 30 days after the eligible applicant receives a written notification under paragraph (1), if the eligible applicant opts to receive a debrief described in paragraph (2), the eligible applicant shall notify the Secretary that the eligible applicant is requesting a debrief.

(B)

If the eligible applicant submits a request for a debrief under subparagraph (A), the Secretary shall provide the debrief by not later than 60 days after the date on which the Secretary receives the request for a debrief.

; and

(11)

by striking subsection (p) (as so redesignated) and inserting the following:

(p)

(1)

(A)

Notwithstanding any other provision of law, not later than 30 days after the date on which the Secretary selects a project for funding under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the reasons for selecting the project, based on any criteria established by the Secretary in accordance with this section.

(B)

The report submitted under subparagraph (A) shall specify each criterion established by the Secretary that the project meets.

(C)

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

(D)

This paragraph applies to all projects described in subparagraph (A) that the Secretary selects on or after January 1, 2019.

(2)

(A)

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

(B)

Not later than 1 year after the date of enactment of the America's Transportation Infrastructure Act of 2019 and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for each project selected to receive funding under this section—

(i)

the process by which each project was selected;

(ii)

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

(iii)

the justification for the selection of each project based on any criteria established by the Secretary in accordance with this section.

(3)

Not later than 1 year after the date of enactment of the America's Transportation Infrastructure Act of 2019 and annually thereafter, the Inspector General of the Department of Transportation shall—

(A)

conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section; and

(B)

submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report that describes the findings of the Inspector General of the Department of Transportation with respect to the assessment conducted under subparagraph (A).

(q)

(1)

There is established a pilot program to award grants to eligible applicants for projects eligible for grants under this section (referred to in this subsection as the pilot program).

(2)

In awarding grants under the pilot program, the Secretary shall give priority to an application that offers a greater non-Federal share of the cost of a project relative to other applications under the pilot program.

(3)

(A)

Notwithstanding any other provision of law, the Federal share of the cost of a project assisted with a grant under the pilot program may not exceed 50 percent.

(B)

(i)

For grants awarded under the pilot program, except as provided in clause (ii), an eligible applicant may not use Federal assistance to satisfy the non-Federal share of the cost under subparagraph (A).

(ii)

An eligible applicant may use funds from a secured loan (as defined in section 601(a)) to satisfy the non-Federal share of the cost under subparagraph (A) if the loan is repayable from non-Federal funds.

(4)

(A)

Of the amounts made available to provide grants under this section, the Secretary shall reserve for each fiscal year $150,000,000 to provide grants under the pilot program.

(B)

In any fiscal year during which applications under this subsection are insufficient to effect an award or allocation of the entire amount reserved under subparagraph (A), the Secretary shall use the unutilized amounts to provide other grants under this section.

(5)

(A)

(i)

Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 10 percent for projects eligible for a grant under subsection (e).

(ii)

For a grant awarded from the amount reserved under clause (i)—

(I)

the requirements of subsection (e) shall apply; and

(II)

the requirements of subsection (g) shall not apply.

(B)

(i)

Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 25 percent for projects eligible for a grant under subsection (i).

(ii)

For a grant awarded from the amount reserved under clause (i), the requirements of subsection (i) shall apply.

(6)

Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the administration of the pilot program, including—

(A)

the number, types, and locations of eligible applicants that have applied for grants under the pilot program;

(B)

the number, types, and locations of grant recipients under the pilot program;

(C)

an assessment of whether implementation of the pilot program has incentivized eligible applicants to offer a greater non-Federal share for grants under the pilot program; and

(D)

any recommendations for modifications to the pilot program.

(b)

(1)

Notwithstanding any other provision of law, in the case of a grant described in paragraph (2), section 117(k) of title 23, United States Code, shall apply to the grant as if the grant was a grant provided under that section.

(2)

A grant referred to in paragraph (1) is a grant that is—

(A)

provided under a competitive discretionary grant program administered by the Federal Highway Administration;

(B)

for a project eligible under title 23, United States Code; and

(C)

in an amount greater than $5,000,000.

1111.

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

(1)

in subsection (a)—

(A)

in paragraph (4)(B)—

(i)

in clause (xxviii), by striking through (xxvii) and inserting through (xxviii);

(ii)

by redesignating clause (xxviii) as clause (xxix); and

(iii)

by inserting after clause (xxvii) the following:

(xxviii)

Leading pedestrian intervals.

;

(B)

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

(C)

by inserting after paragraph (9) the following:

(10)

(A)

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

(B)

The term safety project under any other section includes a project, consistent with the State strategic highway safety plan, that—

(i)

promotes public awareness and informs the public regarding highway safety matters (including motorcycle safety);

(ii)

facilitates enforcement of traffic safety laws;

(iii)

provides infrastructure and infrastructure-related equipment to support emergency services; or

(iv)

conducts safety-related research to evaluate experimental safety countermeasures or equipment.

;

(2)

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

(3)

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

(4)

in subsection (e), by adding at the end the following:

(3)

(A)

To advance the implementation of a State strategic highway safety plan, a State may use not more than 25 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out safety projects under any other section.

(B)

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

1112.

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

(1)

in paragraph (1)—

(A)

in subparagraph (B), by adding and at the end;

(B)

in subparagraph (C), by striking ; and and inserting a period; and

(C)

in subparagraph (D), by striking $10,000,000 and inserting $20,000,000; and

(2)

by adding at the end the following:

(6)

In carrying out an activity described in paragraph (1), the entity carrying out the activity shall consider—

(A)

the use of locally adapted native plant materials; and

(B)

designs that minimize runoff and heat generation.

1113.

Section 204(a) of title 23, United States Code, is amended—

(1)

in paragraph (1)(A)—

(A)

in the matter preceding clause (i), by inserting context-sensitive solutions, after restoration,;

(B)

in clause (i), by inserting , including interpretive panels in or adjacent to those areas after areas;

(C)

in clause (v), by striking and at the end;

(D)

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

(E)

by inserting after clause (v) the following:

(vi)

contextual wayfinding markers;

(vii)

landscaping;

(viii)

cooperative mitigation of visual blight, including screening or removal; and

; and

(2)

by adding at the end the following:

(6)

In carrying out an activity described in paragraph (1), the Secretary shall ensure that the entity carrying out the activity considers—

(A)

the use of locally adapted native plant materials; and

(B)

designs that minimize runoff and heat generation.

1114.

Section 167 of title 23, United States Code, is amended—

(1)

in subsection (e)—

(A)

in paragraph (2), by striking 150 miles and inserting 300 miles; and

(B)

by adding at the end the following:

(3)

Notwithstanding paragraph (2), a State with a population per square mile of area that is less than the national average, based on the 2010 census, may designate as critical rural freight corridors a maximum of 600 miles of highway or 25 percent of the primary highway freight system mileage in the State, whichever is greater.

;

(2)

in subsection (f)(4), by striking 75 miles and inserting 150 miles; and

(3)

in subsection (i)(5)(B)—

(A)

in the matter preceding clause (i), by striking 10 percent and inserting 30 percent;

(B)

in clause (i), by striking and at the end;

(C)

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

(D)

by adding at the end the following:

(iii)

for the modernization or rehabilitation of a lock and dam, if the Secretary determines that the project—

(I)

is functionally connected to the National Highway Freight Network; and

(II)

is likely to reduce on-road mobile source emissions; and

(iv)

on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing), if the Secretary determines that the project—

(I)

is functionally connected to the National Highway Freight Network; and

(II)

is likely to reduce on-road mobile source emissions.

1115.

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

(1)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by striking subsection (d) and inserting subsections (d) and (m)(1)(B)(ii)

(B)

in paragraph (8)(B), by striking or at the end;

(C)

in paragraph (9), by striking the period at the end and inserting a semicolon; and

(D)

by adding at the end the following:

(10)

if the project is for the modernization or rehabilitation of a lock and dam that—

(A)

is functionally connected to the Federal-aid highway system; and

(B)

the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard; or

(11)

if the project is on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing) that—

(A)

is functionally connected to the Federal-aid highway system; and

(B)

the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard.

;

(2)

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

(4)

For each fiscal year, a State may not obligate more than 10 percent of the funds apportioned to the State under section 104(b)(4) for projects described in paragraphs (10) and (11) of subsection (b).

; and

(3)

by striking subsection (m) and inserting the following:

(m)

(1)

A State may obligate funds apportioned under section 104(b)(4) in an area of the State that is otherwise eligible for obligations of such funds for operating costs—

(A)

under chapter 53 of title 49; or

(B)

on—

(i)

a system for which CMAQ funding was eligible, made available, obligated, or expended in fiscal year 2012; or

(ii)

a State-supported Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note; Public Law 110–432) and no current nonattainment areas under subsection (d).

(2)

Operating assistance provided under paragraph (1) shall have no imposed time limitation if the operating assistance is for—

(A)

a route described in subparagraph (B)(ii) of that paragraph; or

(B)

a transit system that is located in—

(i)

a non-urbanized area; or

(ii)

an urbanized area with a population of 200,000 or fewer.

1116.

(a)

Not later than 90 days after the date of enactment of this Act, the Secretary shall issue a request for nominations with respect to roads to be designated under the national scenic byways program, as described in section 162(a) of title 23, United States Code. The Secretary shall make the request for nominations available on the appropriate website of the Department.

(b)

Not later than 1 year after the date on which the request for nominations required under subsection (a) is issued, the Secretary shall make publicly available on the appropriate website of the Department a list specifying the roads, nominated pursuant to such request, to be designated under the national scenic byways program.

1117.

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

218.

(a)

Recognizing the benefits that will accrue to the State of Alaska and to the United States from the reconstruction of the Alaska Highway from the Alaskan border at Beaver Creek, Yukon Territory, to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, Alaska, the Secretary may provide for the necessary reconstruction of the highway using funds awarded through an applicable competitive grant program, if the highway meets all applicable eligibility requirements for the program, except for the specific requirements established by the agreement for the Alaska Highway Project between the Government of the United States and the Government of Canada. In addition to the funds described in the previous sentence, notwithstanding any other provision of law and on agreement with the State of Alaska, the Secretary is authorized to expend on such highway or the Alaska Marine Highway System any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum. No expenditures shall be made for the construction of the portion of such highways that are in Canada unless an agreement is in place between the Government of Canada and the Government of the United States (including an agreement in existence on the date of enactment of the America's Transportation Infrastructure Act of 2019) that provides, in part, that the Canadian Government—

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(b)

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

(c)

For purposes of this section, the term Alaska Marine Highway System includes all existing or planned transportation facilities and equipment in Alaska, including the lease, purchase, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads.

1118.

Section 129(c) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking the construction of ferry boats and ferry terminal facilities, whether toll or free, and inserting the construction of ferry boats and ferry terminal facilities (including ferry maintenance facilities), whether toll or free, and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip,.

1119.

(a)

Chapter 1 of title 23, United States Code, is amended by inserting after section 123 the following:

124.

(a)

In this section:

(1)

(A)

The term eligible project means a project to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under section 144(b).

(B)

The term eligible project includes—

(i)

a bundle of projects described in subparagraph (A), regardless of whether the bundle of projects meets the requirements of section 144(j)(5); and

(ii)

a project to replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species.

(2)

The term large project means an eligible project with total eligible project costs of greater than $100,000,000.

(3)

The term program means the bridge investment program established by subsection (b)(1).

(b)

(1)

There is established a bridge investment program to provide financial assistance for eligible projects under this section.

(2)

The goals of the program shall be—

(A)

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

(B)

to improve the condition of bridges in the United States by reducing—

(i)

the number of bridges—

(I)

in poor condition; or

(II)

in fair condition and at risk of falling into poor condition within the next 3 years;

(ii)

the total person miles traveled over bridges—

(I)

in poor condition; or

(II)

in fair condition and at risk of falling into poor condition within the next 3 years;

(iii)

the number of bridges that—

(I)

do not meet current geometric design standards; or

(II)

cannot meet the load and traffic requirements typical of the regional transportation network; and

(iv)

the total person miles traveled over bridges that—

(I)

do not meet current geometric design standards; or

(II)

cannot meet the load and traffic requirements typical of the regional transportation network; and

(C)

to provide financial assistance that leverages and encourages non-Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects.

(c)

(1)

In carrying out the program, the Secretary may award grants, on a competitive basis, in accordance with this section.

(2)

Except as otherwise provided, a grant under the program shall be—

(A)

in the case of a large project, in an amount that is—

(i)

adequate to fully fund the project (in combination with other financial resources identified in the application); and

(ii)

not less than $50,000,000; and

(B)

in the case of any other eligible project, in an amount that is—

(i)

adequate to fully fund the project (in combination with other financial resources identified in the application); and

(ii)

not less than $2,500,000.

(3)

Except as otherwise provided, for an eligible project receiving assistance under the program, the amount of assistance provided by the Secretary under this section, as a share of eligible project costs, shall be—

(A)

in the case of a large project, not more than 50 percent; and

(B)

in the case of any other eligible project, not more than 80 percent.

(4)

(A)

Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project for which a grant is made, except that the total Federal assistance provided for a project receiving a grant under the program may not exceed the Federal share for the project under section 120.

(B)

In the case of an eligible project for an off-system bridge (as defined in section 133(f)(1))—

(i)

Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project; and

(ii)

notwithstanding subparagraph (A), the total Federal assistance provided for the project shall not exceed 90 percent of the total eligible project costs.

(C)

Notwithstanding any other provision of law, Federal funds other than Federal funds made available under this section may be used to pay the remaining share of the cost of a project under the program by a Federal land management agency or a Tribal government or consortium of Tribal governments.

(5)

(A)

In awarding grants under the program, the Secretary shall consider—

(i)

in the case of a large project, the ratings assigned under subsection (g)(5)(A);

(ii)

in the case of an eligible project other than a large project, the quality rating assigned under subsection (f)(3)(A)(ii);

(iii)

the average daily person and freight throughput supported by the eligible project;

(iv)

the number and percentage of bridges within the same State as the eligible project that are in poor condition;

(v)

the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects;

(vi)

in the case of an eligible project of a Federal land management agency, the extent to which the grant would reduce a Federal liability or Federal infrastructure maintenance backlog;

(vii)

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

(viii)

the extent to which a bridge that would be assisted with a grant—

(I)

is, without that assistance—

(aa)

at risk of falling into or remaining in poor condition; or

(bb)

in fair condition and at risk of falling into poor condition within the next 3 years;

(II)

does not meet current geometric design standards based on—

(aa)

the current use of the bridge; or

(bb)

load and traffic requirements typical of the regional corridor or local network in which the bridge is located; or

(III)

does not meet current seismic design standards.

(B)

The Secretary shall—

(i)

give priority to an application for an eligible project that is located within a State for which—

(I)

2 or more applications for eligible projects within the State were submitted for the current fiscal year and an average of 2 or more applications for eligible projects within the State were submitted in prior fiscal years of the program; and

(II)

fewer than 2 grants have been awarded for eligible projects within the State under the program;

(ii)

during the period of fiscal years 2021 through 2025, for each State described in clause (i), select—

(I)

not fewer than 1 large project that the Secretary determines is justified under the evaluation under subsection (g)(4); or

(II)

2 eligible projects that are not large projects that the Secretary determines are justified under the evaluation under subsection (f)(3); and

(iii)

not be required to award a grant for an eligible project that the Secretary does not determine is justified under an evaluation under subsection (f)(3) or (g)(4).

(6)

Not more than 5 percent of the amounts made available for each fiscal year for grants under the program may be used for eligible projects that consist solely of culvert replacement or rehabilitation.

(d)

The Secretary may make a grant under the program to any of the following:

(1)

A State or a group of States.

(2)

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

(3)

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

(4)

A political subdivision of a State or local government.

(5)

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

(6)

A Federal land management agency.

(7)

A Tribal government or a consortium of Tribal governments.

(8)

A multistate or multijurisdictional group of entities described in paragraphs (1) through (7).

(e)

The Secretary may make a grant under the program only to an eligible entity for an eligible project that—

(1)

in the case of a large project, the Secretary recommends for funding in the annual report on funding recommendations under subsection (g)(6);

(2)

is reasonably expected to begin construction not later than 18 months after the date on which funds are obligated for the project; and

(3)

is based on the results of preliminary engineering.

(f)

(1)

(A)

The Secretary shall—

(i)

for the first fiscal year for which funds are made available for obligation under the program, not later than 60 days after the date on which the template under subparagraph (B)(i) is developed, and in subsequent fiscal years, not later than 60 days after the date on which amounts are made available for obligation under the program, solicit grant applications for eligible projects other than large projects; and

(ii)

not later than 120 days after the date on which the solicitation under clause (i) expires, conduct evaluations under paragraph (3).

(B)

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

(i)

develop a template for applicants to use to summarize project needs and benefits, including benefits described in paragraph (3)(B)(i); and

(ii)

enable applicants to use data from the National Bridge Inventory under section 144(b) to populate templates described in clause (i), as applicable.

(2)

An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(3)

(A)

Prior to providing a grant under this subsection, the Secretary shall—

(i)

conduct an evaluation of each eligible project for which an application is received under this subsection; and

(ii)

assign a quality rating to the eligible project on the basis of the evaluation under clause (i).

(B)

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

(i)

consider information on project benefits submitted by the applicant using the template developed under paragraph (1)(B)(i), including whether the project will generate, as determined by the Secretary—

(I)

costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project;

(II)

in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects;

(III)

safety benefits, including the reduction of accidents and related costs;

(IV)

person and freight mobility benefits, including congestion reduction and reliability improvements;

(V)

national or regional economic benefits;

(VI)

benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters;

(VII)

benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection;

(VIII)

environmental benefits, including wildlife connectivity;

(IX)

benefits to nonvehicular and public transportation users;

(X)

benefits of using—

(aa)

innovative design and construction techniques; or

(bb)

innovative technologies; or

(XI)

reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget; and

(ii)

consider whether and the extent to which the benefits, including the benefits described in clause (i), are more likely than not to outweigh the total project costs.

(g)

(1)

The Secretary shall establish an annual date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for a recommendation by the Secretary for funding in the next annual report under paragraph (6).

(2)

The information referred to in paragraph (1) includes—

(A)

all necessary information required for the Secretary to evaluate the large project; and

(B)

information sufficient for the Secretary to determine that—

(i)

the large project meets the applicable requirements under this section; and

(ii)

there is a reasonable likelihood that the large project will continue to meet the requirements under this section.

(3)

On making a determination that information submitted to the Secretary under paragraph (1) is sufficient, the Secretary shall provide a written notice of that determination to—

(A)

the eligible entity that submitted the application;

(B)

the Committee on Environment and Public Works of the Senate; and

(C)

the Committee on Transportation and Infrastructure of the House of Representatives.

(4)

The Secretary may recommend a large project for funding in the annual report under paragraph (6) only if the Secretary evaluates the proposed project and determines that the project is justified because the project—

(A)

addresses a need to improve the condition of the bridge, as determined by the Secretary, consistent with the goals of the program under subsection (b)(2);

(B)

will generate, as determined by the Secretary—

(i)

costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project;

(ii)

in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects;

(iii)

safety benefits, including the reduction of accidents and related costs;

(iv)

person and freight mobility benefits, including congestion reduction and reliability improvements;

(v)

national or regional economic benefits;

(vi)

benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters;

(vii)

benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection;

(viii)

environmental benefits, including wildlife connectivity;

(ix)

benefits to nonvehicular and public transportation users;

(x)

benefits of using—

(I)

innovative design and construction techniques; or

(II)

innovative technologies; or

(xi)

reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget;

(C)

is cost effective based on an analysis of whether the benefits and avoided costs described in subparagraph (B) are expected to outweigh the project costs;

(D)

is supported by other Federal or non-Federal financial commitments or revenues adequate to fund ongoing maintenance and preservation; and

(E)

is consistent with the objectives of an applicable asset management plan of the project sponsor, including a State asset management plan under section 119(e) in the case of a project on the National Highway System that is sponsored by a State.

(5)

(A)

The Secretary shall develop a methodology to evaluate and rate a large project on a 5-point scale (the points of which include high, medium-high, medium, medium-low, and low) for each of—

(i)

paragraph (4)(B);

(ii)

paragraph (4)(C); and

(iii)

paragraph (4)(D).

(B)

To be considered justified and receive a recommendation for funding in the annual report under paragraph (6), a project shall receive a rating of not less than medium for each rating required under subparagraph (A).

(6)

(A)

Not later than the first Monday in February of each year, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a report that includes—

(i)

a list of large projects that have requested a recommendation for funding under a new grant agreement from funds anticipated to be available to carry out this subsection in the next fiscal year;

(ii)

the evaluation under paragraph (4) and ratings under paragraph (5) for each project referred to in clause (i);

(iii)

the grant amounts that the Secretary recommends providing to large projects in the next fiscal year, including—

(I)

scheduled payments under previously signed multiyear grant agreements under subsection (j);

(II)

payments for new grant agreements, including single-year grant agreements and multiyear grant agreements; and

(III)

a description of how amounts anticipated to be available for the program from the Highway Trust Fund for that fiscal year will be distributed; and

(iv)

for each project for which the Secretary recommends a new multiyear grant agreement under subsection (j), the proposed payout schedule for the project.

(B)

(i)

The Secretary shall not recommend in an annual report under this paragraph a new multiyear grant agreement provided from funds from the Highway Trust Fund unless the Secretary determines that the project can be completed using funds that are anticipated to be available from the Highway Trust Fund in future fiscal years.

(ii)

The Secretary—

(I)

may recommend for funding in an annual report under this paragraph a large project using funds from the general fund of the Treasury; but

(II)

shall not execute a grant agreement for that project unless—

(aa)

funds other than from the Highway Trust Fund have been made available for the project; and

(bb)

the Secretary determines that the project can be completed using funds other than from the Highway Trust Fund that are anticipated to be available in future fiscal years.

(C)

In selecting projects to recommend for funding in the annual report under this paragraph, the Secretary shall—

(i)

consider the amount of funds available in future fiscal years for multiyear grant agreements as described in subparagraph (B); and

(ii)

assume the availability of funds in future fiscal years for multiyear grant agreements that extend beyond the period of authorization based on the amount made available for large projects under the program in the last fiscal year of the period of authorization.

(D)

In selecting projects to recommend for funding in the annual report under this paragraph, the Secretary shall ensure diversity among projects recommended based on—

(i)

the amount of the grant requested; and

(ii)

grants for an eligible project for 1 bridge compared to an eligible project that is a bundle of projects.

(h)

A grant received for an eligible project under the program 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;

(2)

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

(3)

expenses related to the protection (as described in section 133(b)(10)) of a bridge, including seismic or scour protection.

(i)

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

(j)

(1)

A large project that receives a grant under the program in an amount of not less than $100,000,000 may be carried out through a multiyear grant agreement in accordance with this subsection.

(2)

A multiyear grant agreement for a large project described in paragraph (1) shall—

(A)

establish the terms of participation by the Federal Government in the project;

(B)

establish the maximum amount of Federal financial assistance for the project in accordance with paragraphs (3) and (4) of subsection (c);

(C)

establish a payout schedule for the project that provides for disbursement of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided;

(D)

determine the period of time for completing the project, even if that period extends beyond the period of an authorization; and

(E)

attempt to improve timely and efficient management of the project, consistent with all applicable Federal laws (including regulations).

(3)

(A)

A multiyear grant agreement under this subsection—

(i)

shall obligate an amount of available budget authority specified in law; and

(ii)

may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.

(B)

The agreement shall state that the contingent commitment is not an obligation of the Federal Government.

(C)

(i)

Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing.

(ii)

The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

(4)

Notwithstanding any other provision of law, an eligible entity carrying out a large project under a multiyear grant agreement—

(A)

may use funds made available to the eligible entity under this title for eligible project costs of the large project until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available for obligation; and

(B)

if the eligible entity uses funds as described in subparagraph (A), the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project.

(k)

(1)

The Secretary may pay to an applicant all eligible project costs under the program, including costs for an activity for an eligible project incurred prior to the date on which the project receives funding under the program if—

(A)

before the applicant carries out the activity, the Secretary approves through a letter to the applicant the activity in the same manner as the Secretary approves other activities as eligible under the program;

(B)

a record of decision, a finding of no significant impact, or a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued for the eligible project; and

(C)

the activity is carried out without Federal assistance and in accordance with all applicable procedures and requirements.

(2)

(A)

For purposes of paragraph (1), the cost of carrying out an activity for an eligible project includes the amount of interest and other financing costs, including any interest earned and payable on bonds, to the extent interest and other financing costs are expended in carrying out the activity for the eligible project, except that interest and other financing costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing.

(B)

The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under subparagraph (A).

(3)

An approval by the Secretary under paragraph (1)(A) shall not—

(A)

constitute an obligation of the Federal Government; or

(B)

alter or influence any evaluation under subsection (f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary for funding under the program.

(l)

(1)

In the case of a bridge owned by a Federal land management agency for which that agency applies for a grant under the program, the agency—

(A)

shall consider options to divest the bridge to a State or local entity after completion of the project; and

(B)

may apply jointly with the State or local entity to which the bridge may be divested.

(2)

Notwithstanding any other provision of law, section 129 shall apply to a bridge that was previously owned by a Federal land management agency and has been transferred to a non-Federal entity under paragraph (1) in the same manner as if the bridge was never federally owned.

(m)

Not later than 30 days before making a grant for an eligible project under the program, 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 written notification of the proposed grant that includes—

(1)

an evaluation and justification for the eligible project; and

(2)

the amount of the proposed grant.

(n)

(1)

Not later than August 1 of each fiscal year, the Secretary shall make available on the website of the Department of Transportation an annual report that lists each eligible project for which a grant has been provided under the program during the fiscal year.

(2)

Not later than 3 years after the date of enactment of the America's Transportation Infrastructure Act of 2019, the Comptroller General of the United States shall—

(A)

conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under the program; and

(B)

submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes—

(i)

the adequacy and fairness of the process under which each eligible project that received a grant under the program was selected; and

(ii)

the justification and criteria used for the selection of each eligible project.

(o)

(1)

Of the amounts made available out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section for each of fiscal years 2021 through 2025, not less than 50 percent, in aggregate, shall be used for large projects.

(2)

If, in fiscal year 2025, the Secretary determines that grants under the program will not allow for the requirement under paragraph (1) to be met, the Secretary shall use the unutilized amounts to make other grants under the program during that fiscal year.

(b)

The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 123 the following:

124. Bridge investment program

1120.

Section 1404 of SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–59) is amended—

(1)

in subsection (a), by striking primary and middle and inserting primary, middle, and high; and

(2)

in subsection (k)(2)—

(A)

in the heading, by striking Primary and middle and inserting Primary, middle, and high;

(B)

by striking primary and middle and inserting primary, middle, and high; and

(C)

by striking eighth grade and inserting 12th grade.

1121.

Section 143(b)(2)(A) of title 23, United States Code, is amended by striking fiscal years 2016 through 2020 and inserting fiscal years 2021 through 2025.

1122.

Section 147 of title 23, United States Code, is amended by striking subsection (h) and inserting the following:

(h)

There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section—

(1)

$86,000,000 for fiscal year 2021;

(2)

$87,000,000 for fiscal year 2022;

(3)

$88,000,000 for fiscal year 2023;

(4)

$89,000,000 for fiscal year 2024; and

(5)

$90,000,000 for fiscal year 2025.

1123.

(a)

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

171.

(a)

In this section:

(1)

The term administratively allocated means the allocation by the Secretary of budget authority for a project under the TIFIA program that occurs when—

(A)

a potential applicant has been invited into the creditworthiness phase for a project under the TIFIA program; or

(B)

the project is subject to a master credit agreement (as defined in section 601(a)), in accordance with section 602(b)(2).

(2)

The term Appalachian State means a State that contains 1 or more counties in the Appalachian region (as defined in section 14102(a) of title 40).

(3)

The term program means the Balance Exchanges for Infrastructure Program established under subsection (b).

(4)

(A)

The term TIFIA carryover balance means the amounts made available for the TIFIA program for previous fiscal years that are unobligated and have not been administratively allocated.

(B)

The term TIFIA carryover balance includes—

(i)

the applicable amount of contract authority for the amounts described in subparagraph (A); and

(ii)

the equivalent amount of obligation limitation for the fiscal year in which the Secretary makes a transfer under subsection (f)(2).

(5)

The term TIFIA program has the meaning given the term in section 601(a).

(b)

The Secretary shall establish a program, to be known as the Balance Exchanges for Infrastructure Program, in accordance with this section to provide flexibility for the Secretary and States to improve highway infrastructure.

(c)

(1)

For each fiscal year for which an amount is reserved under subsection (f)(1), the Secretary shall—

(A)

not later than December 1 of that fiscal year—

(i)

solicit requests from Appalachian States to return amounts under subsection (d)(1)(A); and

(ii)

solicit applications from Appalachian States for grants under subsection (e); and

(B)

require that, not later than 60 days after the date of the solicitations under subparagraph (A), each Appalachian State that elects to participate in the program shall submit to the Secretary either—

(i)

a request that describes the amount that the Appalachian State requests to return under subsection (d)(1)(A); or

(ii)

an application for a grant under subsection (e).

(d)

(1)

The Secretary shall enter into an agreement with each Appalachian State that submits a request under subsection (c)(1)(A)(i) under which—

(A)

the Appalachian State shall return to the Secretary all, or at the discretion of the Appalachian State, a portion of, the unobligated amounts from the Highway Trust Fund (including the applicable amount of contract authority and an equal amount of special no-year obligation limitation associated with that contract authority) apportioned to the Appalachian State for the Appalachian development highway system under section 14501 of title 40 (but not including any amounts made available by an appropriations Act without an initial authorization); and

(B)

the Secretary shall transfer to the Appalachian State, from amounts transferred to the program under subsection (f)(2) for that fiscal year, an amount (including the applicable amount of contract authority and an equal amount of annual obligation limitation) equal to the amount that the Appalachian State returned under subparagraph (A) that shall be used to carry out projects described in paragraph (3).

(2)

The amount of contract authority returned by an Appalachian State under paragraph (1)(A) may not exceed the amount of the special no-year obligation limitation available to the Appalachian State prior to the return of the special no-year obligation limitation under that paragraph.

(3)

(A)

A project eligible to be carried out using funds transferred to an Appalachian State under paragraph (1)(B) is a project described in section 133(b).

(B)

The Federal share of the cost of a project carried out using funds transferred to an Appalachian State under paragraph (1)(B) shall be up to 100 percent, at the discretion of the Appalachian State.

(C)

Except as otherwise provided in this paragraph, section 133 shall not apply to a project carried out using funds transferred to an Appalachian State under paragraph (1)(B).

(4)

For each fiscal year, the total amount exchanged under paragraph (1) shall not exceed the amount available to be transferred to the program under subsection (f).

(5)

For each fiscal year, if the total amount requested by all Appalachian States to return under paragraph (1)(A) is greater than the amount available to be transferred to the program under subsection (f), the Secretary shall exchange amounts under paragraph (1) based on the proportion that—

(A)

the amount requested to be returned for the fiscal year by the Appalachian State; bears to

(B)

the amount requested to be returned for the fiscal year by all Appalachian States.

(e)

(1)

Using amounts returned to the Secretary under subsection (d)(1)(A), the Secretary shall provide grants of contract authority, to remain available until expended, and subject to special no-year obligation limitation, on a competitive basis to Appalachian States for eligible projects described in paragraph (2).

(2)

A project eligible to be carried out with a grant under this subsection is a project that is—

(A)

eligible under section 14501 of title 40 as of the date of enactment of this section; and

(B)

reasonably expected to begin construction by not later than 2 years after the date of obligation of funds provided under this subsection for the project.

(3)

To be eligible to receive a grant under this subsection, an Appalachian State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(4)

The Federal share of the cost of a project carried out using a grant provided under this subsection shall be up to 100 percent, at the discretion of the Appalachian State.

(5)

An Appalachian State that enters into an agreement to exchange funds under subsection (d) for any fiscal year shall not be eligible to receive a grant under this subsection.

(f)

(1)

On October 1 of each fiscal year, the Secretary shall reserve, for the purpose of funding transfers under paragraph (2) until the transfers are completed, the amount of TIFIA carryover balance that exceeds the amount authorized to carry out the TIFIA program for that fiscal year.

(2)

For each fiscal year, not later than 60 days after the date on which the Secretary receives the responses to the solicitations under subsection (c)(1) or the date on which the full appropriation for that fiscal year is available, whichever is later, the Secretary shall transfer from the TIFIA program to the program an amount of contract authority and an equal amount of obligation limitation, to remain available until expended, that is equal to the lesser of—

(A)

the total amount requested by all Appalachian States for the fiscal year under subsection (c)(1)(B)(i);

(B)

the total amount requested by all Appalachian States for grants under subsection (c)(1)(B)(ii); and

(C)

the amount reserved under paragraph (1).

(b)

The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 170 the following:

171. Balance exchanges for infrastructure program.

1124.

(a)

(1)

Chapter 1 of title 23, United States Code (as amended by section 1123(a)), is amended by adding at the end the following:

172.

(a)

In this section:

(1)

The terms metropolitan planning organization and urbanized area have the meaning given those terms in section 134(b).

(2)

The term transportation management area means a transportation management area identified or designated by the Secretary under section 134(k)(1).

(3)

The term vulnerable road user means a nonmotorist (as that term is used in the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration).

(4)

The term vulnerable road user safety focus area means—

(A)

an urbanized area with combined fatality rate of vulnerable road users that is greater than 1.5 per 100,000 individuals; or

(B)

a State in which fatalities of vulnerable road users combined represents not less than 15 percent of the total annual crash fatalities in the State.

(b)

(1)

For each fiscal year, the Secretary shall distribute among the States the amounts made available to carry out this section for that fiscal year in accordance with paragraph (2).

(2)

The amount for each State shall be determined by multiplying the total amount of funding made available to carry out this section for the applicable fiscal year by the ratio that—

(A)

the total base apportionment for the State under section 104(c); bears to

(B)

the total base apportionments for all States under section 104(c).

(c)

(1)

A State shall use 50 percent of the amount distributed to the State under subsection (b) for each fiscal year to carry out the eligible activities under paragraph (2).

(2)

(A)

Subject to paragraph (4)(A), a State shall use the funds under paragraph (1) for a highway safety improvement project or strategy included on the State strategic highway safety plan (as defined in section 148(a)) of the State.

(B)

Subject to paragraph (4)(B), a metropolitan planning organization that is required to obligate funds under subsection (e) shall use the funds under paragraph (1) for a highway safety improvement project (as defined in section 148(a)).

(3)

The Federal share of the cost of a project carried out with funds under paragraph (1) shall be determined in accordance with section 120.

(4)

(A)

Notwithstanding paragraph (2)(A), a State that is a vulnerable road user safety focus area shall use the funds under paragraph (1) for a highway safety improvement project (as defined in section 148(a)) to improve the safety of vulnerable road users, regardless of whether the project is included on the State strategic highway safety plan (as defined in section 148(a)) of the State.

(B)

Notwithstanding paragraph (2)(B), a metropolitan planning organization that is required to obligate funds under subsection (e) that contains an area designated as a vulnerable road user safety focus area shall use the funds under paragraph (1) for a highway safety improvement project (as defined in section 148(a)) to improve the safety of vulnerable road users.

(d)

(1)

(A)

A State may, in consultation with metropolitan planning organizations within the State, develop and publish a State vulnerable road user safety assessment described in subparagraph (B).

(B)

A vulnerable road user safety assessment referred to in subparagraph (A) is an assessment of the safety performance of the State with respect to vulnerable road users and the plan of the State, developed in consultation with the metropolitan planning organizations within the State, if any, to improve the safety of vulnerable road users, which shall—

(i)

include the approximate location within the State of each vulnerable road user fatality during the most recently reported 2-year period of final data from the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration and the operating speed of the roadway at that location;

(ii)

include the corridors within the State on which a vulnerable road user fatality has occurred during the most recently reported 2-year period of final data from the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration and the operating speeds of those corridors;

(iii)

include a list of projects within the State that primarily address the safety of vulnerable road users that—

(I)

have been completed during the 2 most recent fiscal years prior to date of the publication of the vulnerable road user safety assessment, including the amount of funding that has been dedicated to those projects, described in total amounts and as a percentage of total capital expenditures;

(II)

are planned to be completed during the 2 fiscal years following the date of the publication of the vulnerable road user assessment, including the amount of funding that the State plans to be dedicated to those projects, described in total amounts and as a percentage of total capital expenditures; and

(III)

have the potential to be included on the list described in subclause (II) once the permitting and approval processes for those projects are complete, including the reason for the delay in the completion of those processes, if any; and

(iv)

be reviewed and certified by the Secretary to have met the requirements of this subparagraph.

(2)

For each project identified by a State under paragraph (1)(B)(iii)(III), to the maximum extent practicable, the Secretary, in consultation with the State, shall use the authority under section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law 114–94) to accelerate delivery of the project.

(3)

A State shall use 50 percent of the amounts made available to the State under subsection (b) for each fiscal year to carry out eligible activities under paragraph (4).

(4)

(A)

A State and any metropolitan planning organization in the State that is required to obligate funds under subsection (e) may use funds under paragraph (3) for a project or strategy described in subsection (b)(2).

(B)

In addition to the eligible activities under subparagraph (A), a State and any metropolitan planning organization in the State that is required to obligate funds under subsection (e) may use the funds under paragraph (3) for a project eligible under section 133(b) if—

(i)

the State has, within the fiscal year prior to the fiscal year in which the Secretary is making the grant or by a deadline established by the Secretary in the fiscal year in which the Secretary is making the grant, conducted and published a vulnerable road user safety assessment described in paragraph (1)(B) that has been approved by the Secretary under clause (iv) of that paragraph; or

(ii)

for a State that has previously published a vulnerable road user safety assessment described in paragraph (1)(B) that has been approved by the Secretary under clause (iv) of that paragraph—

(I)

the State has, within the fiscal year prior to the fiscal year in which the Secretary is making the grant or by a deadline established by the Secretary in the fiscal year in which the Secretary is making the grant, updated the estimates described in clauses (i) and (ii) of paragraph (1)(B); and

(II)

the State and the metropolitan planning organization have, within the 4 fiscal years prior to the fiscal year in which the Secretary is making the grant or by a deadline established by the Secretary in the fiscal year in which the Secretary is making the grant, incorporated a vulnerable road user safety assessment described in paragraph (1)(B) into—

(aa)

a long-range transportation plan developed by the metropolitan planning organization under section 134(c), if any; and

(bb)

the long-range statewide transportation plan developed by the State under section 135(f)(1).

(5)

The Federal share of the cost of a project carried out using funds under paragraph (3)—

(A)

in the case of a State or metropolitan planning organization within a State that meets the requirements under paragraph (4)(B), may be up to 100 percent, at the discretion of the State; and

(B)

in the case of a State or metropolitan planning organization within a State that is not described in subparagraph (A), shall be determined in accordance with section 120.

(e)

(1)

For each fiscal year, of the funds made available to a State under subsections (c) and (d)—

(A)

65 percent of each amount shall be obligated, 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; and

(ii)

in other areas of the State; and

(B)

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

(2)

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)

(A)

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

The State may obligate the funds described in subparagraph (A) based on other factors if—

(i)

the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors; and

(ii)

the Secretary grants the request.

(4)

Before obligating funds for an activity under subsections (c) or (d) in an urbanized area that is not a transportation management area, a State shall consult with any metropolitan planning organization that represents the urbanized area prior to determining which activities should be carried out.

(5)

Before obligating funds for an eligible activity under subsections (c) and (d) in a rural area, a State shall consult with any regional transportation planning organization or metropolitan planning organization that represents a rural area of the State prior to determining which activities should be carried out.

173.

(a)

In this section:

(1)

The terms metropolitan planning organization and urbanized area have the meaning given those terms in section 134(b).

(2)

The term qualifying State means a State in which—

(A)

the average fatality and serious injury rates per 100,000,000 vehicle-miles-traveled within the State during the 3-year period beginning on January 1 of the fiscal year that was 3 years prior to the fiscal year in which the Secretary is making the grant under this section has grown more slowly or declined, as compared to the average fatality and serious injury rates per 100,000,000 vehicle-miles-traveled within the State during the 3-year period beginning on January 1 of the fiscal year that was 6 years prior to the fiscal year in which the Secretary is making the grant under this section;

(B)

the average annual number of serious injuries and fatalities within the State, as measured on a per capita basis, during the 3-year period beginning on January 1 of the fiscal year that was 3 years prior to the fiscal year in which the Secretary is making the grant under this section has grown more slowly or declined, as compared to the average annual number of serious injuries and fatalities within the State, as measured on a per capita basis, during the 3-year period beginning on January 1 of the fiscal year that was 6 years prior to the fiscal year in which the Secretary is making the grant under this section;

(C)

the average annual number of fatalities within the State, as measured on a per capita basis, during the 3-year period beginning on January 1 of the fiscal year that was 3 years prior to the fiscal year in which the Secretary is making the grant under this section is less than 1/2 of the nationwide average annual per capita number of fatalities during that period; or

(D)

(i)

the performance targets set by the State under subsection (d)(1) of section 150, in accordance with subsection (c)(4) of that section, in the most recently completed performance cycle prior to the year in which the Secretary is making the funds available under this section demonstrate a reduction in the number and rate of serious injuries and fatalities; and

(ii)

the State has met or exceeded the performance targets described in clause (i).

(3)

The term qualifying unit of local government means a unit of local government in an urbanized area served by a metropolitan planning organization in which—

(A)

the average fatality and serious injury rates per 100,000,000 vehicle-miles-traveled within the urbanized area during the 3-year period beginning on January 1 of the fiscal year that was 3 years prior to the fiscal year in which the Secretary is making the grant under this section has grown more slowly or declined, as compared to the average fatality and serious injury rates per 100,000,000 vehicle-miles-traveled within the urbanized area during the 3-year period beginning on January 1 of the fiscal year that was 6 years prior to the fiscal year in which the Secretary is making the grant under this section;

(B)

the average annual number of serious injuries and fatalities within the urbanized area, as measured on a per capita basis, during the 3-year period beginning on January 1 of the fiscal year that was 3 years prior to the fiscal year in which the Secretary is making the grant under this section has grown more slowly or declined, as compared to the average annual per capita number of serious injuries and fatalities within the urbanized area during the 3-year period beginning on January 1 of the fiscal year that was 6 years prior to the fiscal year in which the Secretary is making the grant under this section;

(C)

the average annual number of fatalities within the urbanized area, as measured on a per capita basis, during the 3-year period beginning on January 1 of the fiscal year that was 3 years prior to the fiscal year in which the Secretary is making the grant under this section is less than 1/2 of the nationwide average annual per capita number of fatalities during that period; or

(D)

(i)

the performance targets set for the urbanized area under section 150(c)(4), in accordance with section 134(h)(2)(B)(i), in the most recently completed performance cycle prior to the year in which the Secretary is making the grant under this section demonstrate a reduction in the number and rate of serious injuries and fatalities; and

(ii)

the urbanized area has met or exceeded the performance targets described in clause (i).

(4)

The term serious injuries and fatalities means serious injuries and fatalities, as measured in accordance with the measures established under section 150(c)(4).

(b)

(1)

The Secretary shall establish a competitive grant program to award grants to eligible entities in recognition of the achievement of the eligible entity in meeting the performance categories described in paragraph (3)(A).

(2)

The Secretary shall distribute amounts under paragraph (1) to any of the following:

(A)

A qualifying State.

(B)

A qualifying unit of local government.

(3)

(A)

The Secretary shall select eligible entities to receive a grant under paragraph (1) to recognize the achievement of the eligible entity in meeting any of the following performance categories:

(i)

Significant progress in reducing serious injuries and fatalities, as measured on a per capita basis.

(ii)

Significant progress in reducing the rates of serious injuries and fatalities per vehicle-mile traveled.

(iii)

Having a per capita number of serious injuries and fatalities that is among the lowest of jurisdictions with comparable population and surface transportation system characteristics.

(iv)

Having a per vehicle-mile traveled number of serious injuries and fatalities that is among the lowest of jurisdictions with comparable population and surface transportation system characteristics.

(v)

Innovative safety planning efforts and implementation of plans leading to achievement with respect to the reduction of serious injuries and fatalities.

(B)

In selecting among eligible entities to receive grants under paragraph (1) and the amounts of each of those grants, the Secretary shall give priority to eligible entities that have achieved the most significant levels of reduction in serious injuries and fatalities, as measured either on a per capita basis or per-vehicle mile traveled basis.

(C)

The Secretary may—

(i)

award a grant under paragraph (1) to multiple eligible entities for each performance category described in subparagraph (A); and

(ii)

recognize achievements in each performance category described in subparagraph (A)—

(I)

in urban and rural areas; and

(II)

on the State and local level.

(D)

The Secretary may not award a grant under this subsection to the same eligible entity more than once during a 2-year period.

(4)

A grant under paragraph (1) shall be in an amount—

(A)

not less than $5,000,000; and

(B)

not more than $30,000,000.

(5)

An eligible entity may use a grant under paragraph (1) for—

(A)

an activity eligible under this title; or

(B)

a project—

(i)

to maintain the condition of a Federal-aid highway, including routine maintenance; or

(ii)

that—

(I)

responds to a specific condition or event; and

(II)

restores a Federal-aid highway to a functional state of operations.

(6)

To be eligible to receive a grant under paragraph (1), an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(7)

The Federal share of the cost of a project carried out using a grant under paragraph (1) shall be, as determined at the discretion of the grant recipient, up to 100 percent.

(2)

The analysis for chapter 1 of title 23, United States Code (as amended by section 1123(b)), is amended by inserting after the item relating to section 171 the following:

172. Formula safety incentive program.

173. Fatality reduction performance program.

(b)

(1)

In this subsection:

(A)

The term Administrator means the Secretary of Transportation, acting through the Administrator of the Federal Highway Administration.

(B)

The term vulnerable road user has the meaning given the term in section 172(a) of title 23, United States Code.

(2)

The Administrator shall establish a research plan to prioritize research on roadway designs, the development of safety countermeasures to minimize fatalities and serious injuries to vulnerable road users, and the promotion of bicycling and walking, including research relating to—

(A)

roadway safety improvements, including traffic calming techniques and vulnerable road user accommodations appropriate in a suburban arterial context;

(B)

the impacts of traffic speeds, and access to low-traffic stress corridors, on safety and rates of bicycling and walking;

(C)

tools to evaluate the impact of transportation improvements on projected rates and safety of bicycling and walking; and

(D)

other research areas to be determined by the Administrator.

(3)

The Administrator shall—

(A)

review each vulnerable road user safety assessment submitted by a State under section 172(c) of title 23, United States Code, and other relevant sources of data to determine what, if any, standard definitions and methods should be developed through guidance to enable a State to collect pedestrian injury and fatality data; and

(B)

in the first progress update under paragraph (4)(B), provide—

(i)

the results of the determination described in subparagraph (A); and

(ii)

the recommendations of the Secretary with respect to the collection and reporting of data on the safety of vulnerable road users.

(4)

(A)

Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the research plan described in paragraph (2).

(B)

Not later than 2 years after the date of enactment of this Act, and biannually thereafter, the Administrator shall submit to the Committees described in subparagraph (A)—

(i)

updates on the progress and findings of the research conducted pursuant to the plan described in paragraph (2); and

(ii)

in the first submission under this subparagraph, the results and recommendations described in paragraph (3)(B).

1125.

(a)

Section 101(b)(3)(D) of title 23, United States Code, is amended, in the matter preceding clause (i), by inserting resilient, after efficient,.

(b)

(1)

Chapter 1 of title 23, United States Code (as amended by section 1124(a)(1)), is amended by adding at the end the following:

174.

(a)

Congress finds that greater adoption of wildlife-vehicle collision safety countermeasures is in the public interest because—

(1)

according to the report of the Federal Highway Administration entitled Wildlife-Vehicle Collision Reduction Study, there are more than 1,000,000 wildlife-vehicle collisions every year;

(2)

wildlife-vehicle collisions—

(A)

present a danger to—

(i)

human safety; and

(ii)

wildlife survival; and

(B)

represent a persistent concern that results in tens of thousands of serious injuries and hundreds of fatalities on the roadways of the United States; and

(3)

the total annual cost associated with wildlife-vehicle collisions has been estimated to be $8,388,000,000; and

(4)

wildlife-vehicle collisions are a major threat to the survival of species, including birds, reptiles, mammals, and amphibians.

(b)

The Secretary shall establish a competitive wildlife crossings pilot program (referred to in this section as the pilot program) to provide grants for projects that seek to achieve—

(1)

a reduction in the number of wildlife-vehicle collisions; and

(2)

in carrying out the purpose described in paragraph (1), improved habitat connectivity for terrestrial and aquatic species.

(c)

An entity eligible to apply for a grant under the pilot program is—

(1)

a State highway agency, or an equivalent of that agency;

(2)

a metropolitan planning organization (as defined in section 134(b));

(3)

a unit of local government;

(4)

a regional transportation authority;

(5)

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

(6)

an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602));

(7)

a Federal land management agency; or

(8)

a group of any of the entities described in paragraphs (1) through (7).

(d)

(1)

To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(2)

If an application under paragraph (1) is submitted by an eligible entity other than an eligible entity described in paragraph (1) or (7) of subsection (c), the application shall include documentation that the State highway agency, or an equivalent of that agency, of the State in which the eligible entity is located was consulted during the development of the application.

(3)

To enhance consideration of current and reliable data, eligible entities may obtain guidance from an agency in the State with jurisdiction over fish and wildlife.

(e)

In selecting grant recipients under the pilot program, the Secretary shall take into consideration the following:

(1)

Primarily, the extent to which the proposed project of an eligible entity is likely to protect motorists and wildlife by reducing the number of wildlife-vehicle collisions and improve habitat connectivity for terrestrial and aquatic species.

(2)

Secondarily, the extent to which the proposed project of an eligible entity is likely to accomplish the following:

(A)

Leveraging Federal investment by encouraging non-Federal contributions to the project, including projects from public-private partnerships.

(B)

Supporting local economic development and improvement of visitation opportunities.

(C)

Incorporation of innovative technologies, including advanced design techniques and other strategies to enhance efficiency and effectiveness in reducing wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species.

(D)

Provision of educational and outreach opportunities.

(E)

Monitoring and research to evaluate, compare effectiveness of, and identify best practices in, selected projects.

(F)

Any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species, as the Secretary determines to be appropriate, subject to the condition that the implementation of the pilot program shall not be delayed in the absence of action by the Secretary to identify additional criteria under this subparagraph.

(f)

(1)

The Secretary shall ensure that a grant received under the pilot program is used for a project to reduce wildlife-vehicle collisions.

(2)

(A)

A grant received under the pilot program shall be administered by—

(i)

in the case of a grant to a Federal land management agency or an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), the Federal Highway Administration, through an agreement; and

(ii)

in the case of a grant to an eligible entity other than an eligible entity described in clause (i), the State highway agency, or an equivalent of that agency, for the State in which the project is to be carried out.

(B)

(i)

A grant received under the pilot program may be used to provide funds to eligible partners of the project for which the grant was received described in clause (ii), in accordance with the terms of the project agreement.

(ii)

The eligible partners referred to in clause (i) include—

(I)

a metropolitan planning organization (as defined in section 134(b));

(II)

a unit of local government;

(III)

a regional transportation authority;

(IV)

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

(V)

(VI)

a Federal land management agency;

(VII)

a foundation, nongovernmental organization, or institution of higher education;

(VIII)

a Federal, Tribal, regional, or State government entity; and

(IX)

a group of any of the entities described in subclauses (I) through (VIII).

(3)

An eligible entity that receives a grant under the pilot program and enters into a partnership described in paragraph (2) shall establish measures to verify that an eligible partner that receives funds from the grant complies with the conditions of the pilot program in using those funds.

(g)

The Secretary shall ensure that not less than 60 percent of the amounts made available for grants under the pilot program each fiscal year are for projects located in rural areas.

(h)

(1)

Not later than December 31 of each calendar year, the Secretary shall submit to Congress, and make publicly available, a report describing the activities under the pilot program for the fiscal year that ends during that calendar year.

(2)

The report under paragraph (1) shall include—

(A)

a detailed description of the activities carried out under the pilot program;

(B)

an evaluation of the effectiveness of the pilot program in meeting the purposes described in subsection (b); and

(C)

policy recommendations to improve the effectiveness of the pilot program.

(2)

The analysis for chapter 1 of title 23, United States Code (as amended by section 1124(a)(2)) is amended by inserting after the item relating to section 173 the following:

174. Wildlife crossings pilot program..

(c)

(1)

Chapter 1 of title 23, United States Code (as amended by subsection (b)(1)), is amended by adding at the end the following:

175.

(a)

(1)

The Secretary shall conduct a study (referred to in this subsection as the study) of the state, as of the date of the study, of the practice of methods to reduce collisions between motorists and wildlife (referred to in this section as wildlife-vehicle collisions).

(2)

(A)

The study shall—

(i)

update and expand on, as appropriate—

(I)

the report entitled Wildlife Vehicle Collision Reduction Study: 2008 Report to Congress; and

(II)

the document entitled Wildlife Vehicle Collision Reduction Study: Best Practices Manual and dated October 2008; and

(ii)

include—

(I)

an assessment, as of the date of the study, of—

(aa)

the causes of wildlife-vehicle collisions;

(bb)

the impact of wildlife-vehicle collisions on motorists and wildlife; and

(cc)

the impacts of roads and traffic on habitat connectivity for terrestrial and aquatic species; and

(II)

solutions and best practices for—

(aa)

reducing wildlife-vehicle collisions; and

(bb)

improving habitat connectivity for terrestrial and aquatic species.

(B)

In carrying out the study, the Secretary shall—

(i)

conduct a thorough review of research and data relating to—

(I)

wildlife-vehicle collisions; and

(II)

habitat fragmentation that results from transportation infrastructure;

(ii)

survey current practices of the Department of Transportation and State departments of transportation to reduce wildlife-vehicle collisions; and

(iii)

consult with—

(I)

appropriate experts in the field of wildlife-vehicle collisions; and

(II)

appropriate experts on the effects of roads and traffic on habitat connectivity for terrestrial and aquatic species.

(3)

(A)

Not later than 18 months after the date of enactment of the America's Transportation Infrastructure Act of 2019, the Secretary shall submit to Congress a report on the results of the study.

(B)

The report under subparagraph (A) shall include—

(i)

a description of—

(I)

the causes of wildlife-vehicle collisions;

(II)

the impacts of wildlife-vehicle collisions;

(III)

the impacts of roads and traffic on—

(aa)

species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(bb)

species identified by States as species of greatest conservation need;

(cc)

species identified in State wildlife plans; and

(dd)

medium and small terrestrial and aquatic species;

(ii)

an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species, including the effect on jobs, property values, and economic growth to society, adjacent communities, and landowners;

(iii)

recommendations for preventing wildlife-vehicle collisions, including recommended best practices, funding resources, or other recommendations for addressing wildlife-vehicle collisions; and

(iv)

guidance, developed in consultation with Federal land management agencies and State departments of transportation, State fish and wildlife agencies, and Tribal governments that agree to participate, for developing, for each State that agrees to participate, a voluntary joint statewide transportation and wildlife action plan—

(I)

to address wildlife-vehicle collisions; and

(II)

to improve habitat connectivity for terrestrial and aquatic species.

(b)

(1)

Not later than 3 years after the date of enactment of the America's Transportation Infrastructure Act of 2019, the Secretary shall, based on the study conducted under subsection (a), develop a series of in-person and online workforce development and technical training courses—

(A)

to reduce wildlife-vehicle collisions; and

(B)

to improve habitat connectivity for terrestrial and aquatic species.

(2)

The Secretary shall—

(A)

make the series of courses developed under paragraph (1) available for transportation and fish and wildlife professionals; and

(B)

update the series of courses not less frequently than once every 2 years.

(c)

(1)

(A)

The Secretary, acting through the Administrator of the Federal Highway Administration (referred to in this subsection as the Secretary), shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and carcass data for the National Highway System, considering the practicability of the methodology with respect to technology and cost.

(B)

In developing the standardized methodology under subparagraph (A), the Secretary shall—

(i)

survey existing methodologies and sources of data collection, including the Fatality Analysis Reporting System, the General Estimates System of the National Automotive Sampling System, and the Highway Safety Information System; and

(ii)

to the extent practicable, identify and correct limitations of those existing methodologies and sources of data collection.

(C)

In developing the standardized methodology under subparagraph (A), the Secretary shall consult with—

(i)

the Secretary of the Interior;

(ii)

the Secretary of Agriculture, acting through the Chief of the Forest Service;

(iii)

Tribal, State, and local transportation and wildlife authorities;

(iv)

metropolitan planning organizations (as defined in section 134(b));

(v)

members of the American Association of State Highway Transportation Officials;

(vi)

members of the Association of Fish and Wildlife Agencies;

(vii)

experts in the field of wildlife-vehicle collisions;

(viii)

nongovernmental organizations; and

(ix)

other interested stakeholders, as appropriate.

(2)

The Secretary shall—

(A)

develop a template for State implementation of a standardized national wildlife collision and carcass data system for the National Highway System that is based on the standardized methodology developed under paragraph (1); and

(B)

encourage the voluntary implementation of the template developed under subparagraph (A).

(3)

(A)

The Secretary shall submit to Congress a report describing the standardized methodology developed under paragraph (1) not later than the later of—

(i)

the date that is 18 months after the date of enactment of the America's Transportation Infrastructure Act of 2019; and

(ii)

the date that is 180 days after the date on which the Secretary completes the development of the standardized methodology.

(B)

Not later than 4 years after the date of enactment of the America's Transportation Infrastructure Act of 2019, the Secretary shall submit to Congress a report describing—

(i)

the status of the voluntary implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A);

(ii)

whether the implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A) has impacted efforts by States, units of local government, and other entities—

(I)

to reduce the number of wildlife-vehicle collisions; and

(II)

to improve habitat connectivity;

(iii)

the degree of the impact described in clause (ii); and

(iv)

the recommendations of the Secretary, including recommendations for further study aimed at reducing motorist collisions involving wildlife and improving habitat connectivity for terrestrial and aquatic species on the National Highway System, if any.

(d)

The Secretary shall—

(1)

establish guidance, to be carried out by States on a voluntary basis, that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species, taking into consideration—

(A)

the number of wildlife-vehicle collisions on the highway that pose a human safety risk;

(B)

highway-related mortality and the effects of traffic on the highway on—

(i)

species listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(ii)

species identified by a State as species of greatest conservation need;

(iii)

species identified in State wildlife plans; and

(iv)

medium and small terrestrial and aquatic species; and

(C)

habitat connectivity values for terrestrial and aquatic species and the barrier effect of the highway on the movements and migrations of those species.

(2)

The analysis for chapter 1 of title 23, United States Code (as amended by subsection (b)(2)) is amended by inserting after the item relating to section 174 the following:

175. Wildlife-vehicle collision reduction and habitat connectivity improvement..

(d)

Section 109(c)(2) of title 23, United States Code, is amended—

(1)

in subparagraph (E), by striking and at the end;

(2)

by redesignating subparagraph (F) as subparagraph (G); and

(3)

by inserting after subparagraph (E) the following:

(F)

the publication of the Federal Highway Administration entitled Wildlife Crossing Structure Handbook: Design and Evaluation in North America and dated March 2011; and

(e)

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

(1)

in subsection (a)(2)—

(A)

in subparagraph (B), by inserting , resilience, after safety;

(B)

in subparagraph (D), by striking and at the end;

(C)

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

(D)

by adding at the end the following:

(F)

to ensure adequate passage of aquatic and terrestrial species, where appropriate.

;

(2)

in subsection (b)—

(A)

in paragraph (4), by striking and at the end;

(B)

in paragraph (5), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(6)

determine if the replacement or rehabilitation of bridges and tunnels should include measures to enable safe and unimpeded movement for terrestrial and aquatic species.

; and

(3)

in subsection (i), by adding at the end the following:

(3)

The first revision under paragraph (2) after the date of enactment of the America's Transportation Infrastructure Act of 2019 shall include techniques to assess passage of aquatic and terrestrial species and habitat restoration potential.

1126.

Section 1519(a) of MAP–21 (Public Law 112–141; 126 Stat. 574; 129 Stat. 1423) is amended, in the matter preceding paragraph (1), by striking fiscal years 2016 through 2020 and inserting fiscal years 2021 through 2025.

1127.

Section 70201 of title 49, United States Code, is amended—

(1)

in subsection (a), by striking representatives of ports, freight railroads, and all that follows through the period at the end and inserting the following:

representatives of—

(1)

ports;

(2)

freight railroads;

(3)

shippers;

(4)

carriers;

(5)

freight-related associations;

(6)

third-party logistics providers;

(7)

the freight industry workforce;

(8)

the transportation department of the State;

(9)

metropolitan planning organizations;

(10)

local governments;

(11)

the environmental protection department of the State, if applicable;

(12)

the air resources board of the State, if applicable; and

(13)

economic development agencies of the State.

;

(2)

in subsection (b)(5), by striking 70202. and inserting 70202, including by providing advice regarding the development of the freight investment plan; and;

(3)

by redesignating subsection (b) as subsection (c); and

(4)

by inserting after subsection (a) the following:

(b)

Each member of a freight advisory committee established under subsection (a) shall have qualifications sufficient to serve on a freight advisory committee, including, as applicable—

(1)

general business and financial experience;

(2)

experience or qualifications in the areas of freight transportation and logistics;

(3)

experience in transportation planning;

(4)

experience representing employees of the freight industry; or

(5)

experience representing a State, local government, or metropolitan planning organization.

1128.

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

(1)

in subsection (a), by striking paragraphs (1) and (2) and inserting the following:

(1)

for the Puerto Rico highway program under subsection (b)—

(A)

$161,500,000 shall be for fiscal year 2021;

(B)

$165,000,000 shall be for fiscal year 2022;

(C)

$168,000,000 shall be for fiscal year 2023;

(D)

$171,000,000 shall be for fiscal year 2024; and

(E)

$175,500,000 shall be for fiscal year 2025; and

(2)

for the territorial highway program under subsection (c)—

(A)

$43,000,000 shall be for fiscal year 2021;

(B)

$43,000,000 shall be for fiscal year 2022;

(C)

$44,000,000 shall be for fiscal year 2023;

(D)

$45,000,000 shall be for fiscal year 2024; and

(E)

$46,000,000 shall be for fiscal year 2025.

; and

(2)

in subsection (c)(7), by striking paragraphs (1) through (4) of section 133(c) and section 133(b)(12) and inserting paragraphs (1), (2), (3), and (5) of section 133(c) and section 133(b)(13).

1201.

(a)

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

(1)

in subsection (d)—

(A)

in paragraph (3), by adding at the end the following:

(D)

In designating officials or representatives under paragraph (2) for the first time, subject to the bylaws or enabling statute of the metropolitan planning organization, the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area.

; and

(B)

in paragraph (7)—

(i)

by striking an existing metropolitan planning area and inserting an urbanized area (as defined by the Bureau of the Census); and

(ii)

by striking the existing metropolitan planning area and inserting the area;

(2)

in subsection (g)—

(A)

in paragraph (1), by striking a metropolitan area and inserting an urbanized area (as defined by the Bureau of the Census); and

(B)

by adding at the end the following:

(4)

If more than 1 metropolitan planning organization is designated within an urbanized area (as defined by the Bureau of the Census) under subsection (d)(7)(A), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting travel demand.

(5)

Nothing in this subsection requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP.

; and

(3)

in subsection (i)(6), by adding at the end the following:

(D)

A State may use social media and other web-based tools—

(i)

to further encourage public participation; and

(ii)

to solicit public feedback during the transportation planning process.

(b)

Section 135(f)(3) of title 23, United States Code, is amended by adding at the end the following:

(C)

A State may use social media and other web-based tools—

(i)

to further encourage public participation; and

(ii)

to solicit public feedback during the transportation planning process.

1202.

Not later than 1 year after the date of enactment of this Act, the Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of Federal Regulations, to ensure that the outer years of a metropolitan transportation plan are defined as beyond the first 4 years.

1203.

(a)

Chapter 1 of title 23, United States Code (as amended by section 1125(c)(1)), is amended by adding at the end the following:

176.

(a)

Not later than 18 months after the date of enactment of this section, the Secretary shall encourage each State to develop a voluntary plan, to be known as a human capital plan, that provides for the immediate and long-term personnel and workforce needs of the State with respect to the capacity of the State to deliver transportation and public infrastructure eligible under this title.

(b)

(1)

A human capital plan developed by a State under subsection (a) shall, to the maximum extent practicable, take into consideration—

(A)

significant transportation workforce trends, needs, issues, and challenges with respect to the State;

(B)

the human capital policies, strategies, and performance measures that will guide the transportation-related workforce investment decisions of the State;

(C)

coordination with educational institutions, industry, organized labor, workforce boards, and other agencies or organizations to address the human capital transportation needs of the State;

(D)

a workforce planning strategy that identifies current and future human capital needs, including the knowledge, skills, and abilities needed to recruit and retain skilled workers in the transportation industry;

(E)

a human capital management strategy that is aligned with the transportation mission, goals, and organizational objectives of the State;

(F)

an implementation system for workforce goals focused on addressing continuity of leadership and knowledge sharing across the State;

(G)

an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations;

(H)

in the case of public-private partnerships or other alternative project delivery methods to carry out the transportation program of the State, a description of workforce needs—

(i)

to ensure that the transportation mission, goals, and organizational objectives of the State are fully carried out; and

(ii)

to ensure that procurement methods provide the best public value;

(I)

a system for analyzing and evaluating the performance of the State department of transportation with respect to all aspects of human capital management policies, programs, and activities; and

(J)

the manner in which the plan will improve the ability of the State to meet the national policy in support of performance management established under section 150.

(2)

If a State develops a human capital plan under subsection (a), the plan shall address a 5-year forecast period.

(c)

If a State develops a human capital plan under subsection (a), the State shall update the plan not less frequently than once every 5 years.

(d)

(1)

Subject to paragraph (2), a human capital plan developed by a State under subsection (a) may be developed separately from, or incorporated into, the long-range statewide transportation plan required under section 135.

(2)

Nothing in this section requires a State, or authorizes the Secretary to require a State, to incorporate a human capital plan into the long-range statewide transportation plan required under section 135.

(e)

Each State that develops a human capital plan under subsection (a) shall make a copy of the plan available to the public in a user-friendly format on the website of the State department of transportation.

(f)

Nothing in this section prevents a State from carrying out transportation workforce planning—

(1)

not described in this section; or

(2)

not in accordance with this section.

(b)

The analysis for chapter 1 of title 23, United States Code (as amended by section 1125(c)(2)), is amended by inserting after the item relating to section 175 the following:

176. State human capital plans.

1204.

(a)

Not later than 1 year after the date of enactment of this Act, the Secretary shall establish an accessibility data pilot program (referred to in this section as the pilot program).

(b)

The purpose of the pilot program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program to improve the transportation planning of those eligible entities by—

(1)

measuring the level of access by multiple transportation modes to important destinations, which may include—

(A)

jobs, including areas with a concentration of available jobs;

(B)

health care facilities;

(C)

child care services;

(D)

educational and workforce training facilities;

(E)

affordable housing;

(F)

food sources; and

(G)

connections between modes, including connections to—

(i)

high-quality transit or rail service;

(ii)

safe bicycling corridors; and

(iii)

safe sidewalks that achieve compliance with applicable requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

(2)

disaggregating the level of access by multiple transportation modes by a variety of population categories, which may include—

(A)

low-income populations;

(B)

minority populations;

(C)

age;

(D)

disability; and

(E)

geographical location; and

(3)

assessing the change in accessibility that would result from new transportation investments.

(c)

An entity eligible to participate in the pilot program is—

(1)

a State (as defined in section 101(a) of title 23, United States Code);

(2)

a metropolitan planning organization; or

(3)

a rural transportation planning organization.

(d)

To be eligible to participate in the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information relating to—

(1)

previous experience of the eligible entity measuring transportation access or other performance management experience;

(2)

the types of important destinations to which the eligible entity intends to measure access;

(3)

the types of data disaggregation the eligible entity intends to pursue;

(4)

a general description of the methodology the eligible entity intends to apply; and

(5)

if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant, a description of the geographic area in which the applicant intends the pilot program to apply.

(e)

(1)

The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that shall include—

(A)

States;

(B)

metropolitan planning organizations that serve an area with a population of 200,000 people or fewer;

(C)

metropolitan planning organizations that serve an area with a population of over 200,000 people; and

(D)

rural transportation planning organizations.

(2)

The Secretary shall seek to ensure that, among the eligible entities selected under paragraph (1), there is—

(A)

a range of capacity and previous experience with measuring transportation access; and

(B)

a variety of proposed methodologies and focus areas for measuring level of access.

(f)

For each eligible entity participating in the pilot program, the Secretary shall—

(1)

develop or acquire an accessibility data set described in subsection (b); and

(2)

submit the data set to the eligible entity.

(g)

In calculating the measures for the data set under the pilot program, the Secretary shall ensure that methodology is open source.

(h)

The Secretary shall make an accessibility data set under the pilot program available to—

(1)

units of local government within the jurisdiction of the eligible entity participating in the pilot program; and

(2)

researchers.

(i)

Not later than 120 days after the last date on which the Secretary submits data sets to the eligible entity under subsection (f), the Secretary shall submit to Congress a report on the results of the program, including the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities.

(j)

The Secretary shall carry out the pilot program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary.

(k)

The pilot program shall terminate on the date that is 8 years after the date on which the pilot program is implemented.

1205.

(a)

In this section:

(1)

The term eligible entity means—

(A)

a metropolitan planning organization that serves an area with a population of over 200,000; and

(B)

a State.

(2)

The term metropolitan planning organization has the meaning given the term in section 134(b) of title 23, United States Code.

(3)

The term prioritization process pilot program means the pilot program established under subsection (b)(1).

(b)

(1)

The Secretary shall establish, and solicit applications for a prioritization process pilot program.

(2)

The purpose of the prioritization process pilot program shall be to support data-driven approaches to planning that, on completion, can be evaluated for public benefit.

(c)

(1)

An eligible entity participating in the prioritization process pilot program shall—

(A)

use priority objectives that are developed—

(i)

in the case of an urbanized area with a population of over 200,000, by the metropolitan planning organization that serves the area, in consultation with the State;

(ii)

in the case of an urbanized area with a population of 200,000 or fewer, by the State in consultation with all metropolitan planning organizations in the State; and

(iii)

through a public process that provides an opportunity for public input;

(B)

assess and score projects and strategies on the basis of—

(i)

the contribution and benefits of the project or strategy to each priority objective developed under subparagraph (A);

(ii)

the cost of the project or strategy relative to the contribution and benefits assessed and scored under clause (i); and

(iii)

public support;

(C)

use the scores assigned under subparagraph (B) to guide project selection in the development of the transportation plan and transportation improvement program; and

(D)

ensure that the public—

(i)

has opportunities to provide public comment on projects before decisions are made on the transportation plan and the transportation improvement program; and

(ii)

has access to clear reasons why each project or strategy was selected or not selected.

(2)

An eligible entity that receives a grant under the prioritization process pilot program shall use the funds as described in each of the following, as applicable:

(A)

In the case of a metropolitan planning organization that serves an area with a population of over 200,000, the entity shall—

(i)

develop and implement a publicly accessible, transparent prioritization process for the selection of projects for inclusion on the transportation plan for the metropolitan planning area under section 134(i) of title 23, United States Code, and section 5303(i) of title 49, United States Code, which shall—

(I)

include criteria identified by the metropolitan planning organization, which may be weighted to reflect the priority objectives developed under paragraph (1)(A), that the metropolitan planning organization has determined support—

(aa)

factors described in section 134(h) of title 23, United States Code, and section 5303(h) of title 49, United States Code;

(bb)

targets for national performance measures under section 150(b) of title 23, United States Code;

(cc)

applicable transportation goals in the metropolitan planning area or State set by the applicable transportation agency; and

(dd)

priority objectives developed under paragraph (1)(A);

(II)

evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause (I) relative to the cost of the proposed project; and

(III)

use the evaluation under subclause (II) to create a ranked list of proposed projects; and

(ii)

with respect to the priority list under section 134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D).

(B)

In the case of a State, the State shall—

(i)

develop and implement a publicly accessible, transparent process for the selection of projects for inclusion on the long-range statewide transportation plan under section 135(f) of title 23, United States Code, which shall—

(I)

include criteria identified by the State, which may be weighted to reflect statewide priorities, that the State has determined support—

(aa)

factors described in section 135(d) of title 23, United States Code, and section 5304(d) of title 49, United States Code;

(bb)

national transportation goals under section 150(b) of title 23, United States Code;

(cc)

applicable transportation goals in the State; and

(dd)

the priority objectives developed under paragraph (1)(A);

(II)

(III)

use the evaluation under subclause (II) to create a ranked list of proposed projects; and

(ii)

with respect to the statewide transportation improvement program under section 135(g) of title 23, United States Code, and section 5304(g) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D).

(C)

If the eligible entity has implemented, and has in effect, the requirements under subparagraph (A) or (B), as applicable, the eligible entity may use any remaining funds from a grant provided under the pilot program for any transportation planning purpose.

(D)

In the case of any project that the eligible entity chooses to include or not include in the transportation improvement program under section 134(j) of title 23, United States Code, or the statewide transportation improvement program under section 135(g) of title 23, United States Code, as applicable, in a manner that is contrary to the priority ranking for that project established under subparagraph (A)(i)(III) or (B)(i)(III), the eligible entity shall make publicly available an explanation for the decision, including—

(i)

a review of public comments regarding the project;

(ii)

an evaluation of public support for the project;

(iii)

an assessment of geographic balance of projects of the eligible entity; and

(iv)

the number of projects of the eligible entity in economically distressed areas.

(3)

The maximum amount of a grant under the prioritization process pilot program is $2,000,000.

(d)

To be eligible to participate in the prioritization process pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

1206.

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

(f)

(1)

The Secretary shall grant, on the election of and in consultation with a State, an exemption from 1 or more of the requirements described in paragraph (2)(A) if the State—

(A)

is on the list of eligible States under paragraph (5) for the applicable performance period; and

(B)

provides a written notice of the election that includes an explanation under paragraph (4)(A).

(2)

(A)

The requirements from which a State described in paragraph (1) may elect an exemption are—

(i)

requirements established under subclauses (IV) and (V) of subsection (c)(3)(A)(ii);

(ii)

requirements established under subsection (c)(5)(A);

(iii)

requirements established under subsection (c)(6); and

(iv)

targeting, data, reporting, or administrative requirements established under subsections (d) and (e) that are related to a requirement described in clause (i), (ii), or (iii) from which the State elects to receive an exemption.

(B)

A metropolitan planning organization with a metropolitan planning area that is located entirely within a State that is exempt shall be exempt from the requirements under section 134(h)(2)(B) that relate to each measure described in subparagraph (A) from which the State of the metropolitan planning organization is exempt.

(3)

An exemption applied under paragraph (1) —

(A)

shall be in effect until the date that is 4 years after the date on which the performance period promulgated by the Secretary under subsection (d) in effect at the time the exemption is applied ends; and

(B)

may be renewed by the State for an additional 4-year term at the end of each performance period if, in accordance with paragraph (4)—

(i)

the State submits another written explanation; and

(ii)

the State continues to be included on the list of eligible States under paragraph (5).

(4)

(A)

To be eligible to make an election under paragraph (1), not later than September 1 of the calendar year preceding the calendar year in which the next performance period promulgated by the Secretary under subsection (d) begins, a State described in that paragraph—

(i)

shall submit to the Secretary—

(I)

identification of the 1 or more requirements described in paragraph (2)(A) for which an exemption is elected; and

(II)

a written notice that includes an explanation advising the Secretary that the State is not experiencing significant performance issues on the surface transportation system of the State with respect to each requirement referred to in subclause (I); and

(ii)

may submit to the Secretary any other information or material that the State chooses to include in the notice.

(B)

Notwithstanding the deadline described in subparagraph (A), a State described in paragraph (1) may submit a notice under subparagraph (A) at any time before September 1, 2021.

(5)

(A)

Not later than 60 days after the date of enactment of this subsection and thereafter, on each September 1 of the calendar year 2 years prior to the calendar year in which the next performance period promulgated by the Secretary under subsection (d) begins, the Secretary shall publish a list of States that may elect to receive an exemption from a requirement described in paragraph (2)(A).

(B)

The Secretary shall include on the list under subparagraph (A)—

(i)

any State that—

(I)

has a population per square mile of area that is less than the population per square mile of area of the United States, based on the latest available Bureau of the Census data at the time the Secretary publishes the list;

(II)

does not include an urbanized area with a population of over 200,000 within the State; and

(III)

has no repeated delays or other persistent impediments to travel reliability on the portions of the National Highway System in the State that the Secretary determines to be excessive; and

(ii)

based on the latest available Bureau of the Census data at the time the Secretary publishes the list, any State that—

(I)

has a population density of less than 15 persons per square mile of area; and

(II)

does not include an urbanized area with a population of over 200,000.

(6)

(A)

For each State included on the list of eligible States under paragraph (5), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of traffic congestion, travel reliability, truck travel reliability, and any other relevant performance metrics on the portions of the National Highway System in the State, including any delays or impediments that the Secretary determines to be excessive.

(B)

For each eligible State under paragraph (5) that elects to receive an exemption under paragraph (1), the Secretary shall—

(i)

submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of performance measures for all exemptions applied to that State under this subsection; and

(ii)

make publicly available as part of the State performance dashboard on the Department of Transportation website information on the performance of the State with respect to any requirements from which the State is exempt.

1207.

(a)

In this section, the term metropolitan planning organization has the meaning given the term in section 134(b) of title 23, United States Code.

(b)

(1)

Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretary shall carry out a study that—

(A)

gathers travel data and travel demand forecasts from a representative sample of States and metropolitan planning organizations;

(B)

uses the data and forecasts gathered under subparagraph (A) to compare travel demand forecasts with the observed data, including—

(i)

traffic counts;

(ii)

travel mode share and public transit ridership; and

(iii)

vehicle occupancy measures; and

(C)

uses the information described in subparagraphs (A) and (B)—

(i)

to develop best practices or guidance for States and metropolitan planning organizations to use in forecasting travel demand for future investments in transportation improvements;

(ii)

to evaluate the impact of transportation investments, including new roadway capacity, on travel behavior and travel demand, including public transportation ridership, induced highway travel, and congestion;

(iii)

to support more accurate travel demand forecasting by States and metropolitan planning organizations; and

(iv)

to enhance the capacity of States and metropolitan planning organizations—

(I)

to forecast travel demand; and

(II)

to track observed travel behavior responses, including induced travel, to changes in transportation capacity, pricing, and land use patterns.

(2)

The Secretary shall seek opportunities to support the transportation planning processes under sections 134 and 135 of title 23, United States Code, through the provision of data to States and metropolitan planning organizations to improve the quality of plans, models, and forecasts described in this subsection.

(3)

The Secretary shall develop a publicly available multimodal web-based tool for the purpose of enabling States and metropolitan planning organizations to evaluate the effect of investments in highway and public transportation projects on the use and conditions of all transportation assets within the State or area served by the metropolitan planning organization, as applicable.

1208.

(a)

In this section, the term Complete Streets standards or policies means standards or policies that ensure the safe and adequate accommodation of all users of the transportation system, including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and freight vehicles.

(b)

Notwithstanding any other provision of law, each State and metropolitan planning organization shall use to carry out 1 or more activities described in subsection (c)—

(1)

in the case of a State, not less than 2.5 percent of the amounts made available to the State to carry out section 505 of title 23, United States Code; and

(2)

in the case of a metropolitan planning organization, not less than 2.5 percent of the amounts made available to the metropolitan planning organization under section 104(d) of title 23, United States Code.

(c)

An activity referred to in subsection (b) is an activity to increase safe and accessible options for multiple travel modes for people of all ages and abilities, which, if permissible under applicable State and local laws, may include—

(1)

adoption of Complete Streets standards or policies;

(2)

development of a Complete Streets prioritization plan that identifies a specific list of Complete Streets projects to improve the safety, mobility, or accessibility of a street;

(3)

development of transportation plans—

(A)

to create a network of active transportation facilities, including sidewalks, bikeways, or pedestrian and bicycle trails, to connect neighborhoods with destinations such as workplaces, schools, residences, businesses, recreation areas, healthcare and child care services, or other community activity centers;

(B)

to integrate active transportation facilities with public transportation service or improve access to public transportation;

(C)

to create multiuse active transportation infrastructure facilities, including bikeways or pedestrian and bicycle trails, that make connections within or between communities;

(D)

to increase public transportation ridership; and

(E)

to improve the safety of bicyclists and pedestrians;

(4)

regional and megaregional planning to address travel demand and capacity constraints through alternatives to new highway capacity, including through intercity passenger rail; and

(5)

development of transportation plans and policies that support transit-oriented development.

(d)

The Federal share of the cost of an activity carried out under this section shall be 100 percent.

1301.

(a)

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

(1)

in the section heading, by striking decisionmaking and inserting decisionmaking and One Federal Decision;

(2)

in subsection (a)—

(A)

by redesignating paragraphs (2) through (8) as paragraphs (4), (5), (6), (8), (9), (10), and (11), respectively;

(B)

by inserting after paragraph (1) the following:

(2)

The term authorization means any license, permit, approval, finding, or other administrative decision related to the environmental review process that is required under Federal law to site, construct, or reconstruct a project.

(3)

The term environmental document includes an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

;

(C)

in subparagraph (B) of paragraph (5) (as so redesignated), by striking process for and completion of any environmental permit and inserting process and schedule, including a timetable for completion of any permit; and

(D)

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

(7)

The term major infrastructure project means a project for which—

(A)

multiple permits, approvals, reviews, or studies are required under a Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B)

the head of the lead agency has determined that an environmental impact statement is required; and

(C)

the project sponsor has identified the reasonable availability of funds sufficient to complete the project.

;

(3)

in subsection (b)(1), by inserting , including major infrastructure projects, after all projects;

(4)

in subsection (c)—

(A)

in paragraph (6)—

(i)

in subparagraph (B), by striking and at the end;

(ii)

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

(iii)

by adding at the end the following:

(D)

to calculate annually the average time taken by the lead agency to complete all environmental documents for each project during the previous fiscal year

; and

(B)

by adding at the end the following:

(7)

(A)

The Secretary shall review—

(i)

existing practices, procedures, rules, regulations, and applicable laws to identify impediments to meeting the requirements applicable to major infrastructure projects under this section; and

(ii)

best practices, programmatic agreements, and potential changes to internal departmental procedures that would facilitate an efficient environmental review process for major infrastructure projects.

(B)

In conducting the review under subparagraph (A), the Secretary shall consult, as appropriate, with the heads of other Federal agencies that participate in the environmental review process.

(C)

Not later than 2 years after the date of enactment of the America's Transportation Infrastructure Act of 2019, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—

(i)

the results of the review under subparagraph (A); and

(ii)

an analysis of whether additional funding would help the Secretary meet the requirements applicable to major infrastructure projects under this section.

;

(5)

in subsection (d)—

(A)

in paragraph (8)—

(i)

in the paragraph heading, by striking nepa and inserting environmental;

(ii)

in subparagraph (A)—

(I)

by inserting and except as provided in subparagraph (D) after paragraph (7);

(II)

by striking permits and inserting authorizations; and

(III)

by striking single environment document and inserting single environmental document for each kind of environmental document;

(iii)

in subparagraph (B)(i)—

(I)

by striking an environmental document and inserting environmental documents; and

(II)

by striking permits issued and inserting authorizations; and

(iv)

by adding at the end the following:

(D)

The lead agency may waive the application of subparagraph (A) with respect to a project if—

(i)

the project sponsor requests that agencies issue separate environmental documents;

(ii)

the obligations of a cooperating agency or participating agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already been satisfied with respect to the project; or

(iii)

the lead agency determines that reliance on a single environmental document (as described in subparagraph (A)) would not facilitate timely completion of the environmental review process for the project.

; and

(B)

by adding at the end the following:

(10)

(A)

Except as provided in subparagraph (C), all authorization decisions necessary for the construction of a major infrastructure project shall be completed by not later than 90 days after the date of the issuance of a record of decision for the major infrastructure project.

(B)

The final environmental impact statement for a major infrastructure project shall include an adequate level of detail to inform decisions necessary for the role of the participating agencies in the environmental review process.

(C)

The head of the lead agency may extend the deadline under subparagraph (A) if—

(i)

Federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph;

(ii)

the project sponsor requests that the permit or approval follow a different timeline; or

(iii)

an extension would facilitate completion of the environmental review and authorization process of the major infrastructure project.

;

(6)

in subsection (g)(1)—

(A)

in subparagraph (B)—

(i)

in clause (ii)(IV), by striking schedule for and cost of and inserting time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of; and

(ii)

by adding at the end the following:

(iii)

To the maximum extent practicable and consistent with applicable Federal law, in the case of a major infrastructure project, the lead agency shall develop a schedule for the major infrastructure project that is consistent with an agency average of not more than 2 years for the completion of the environmental review process for major infrastructure projects, as measured from the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision.

;

(B)

by striking subparagraph (D) and inserting the following:

(D)

(i)

Except as provided in clause (ii), the lead agency may lengthen or shorten a schedule established under subparagraph (B) for good cause.

(ii)

(I)

In the case of a major infrastructure project, the lead agency may lengthen a schedule under clause (i) for a cooperating Federal agency by not more than 1 year after the latest deadline established for the major infrastructure project by the lead agency.

(II)

The lead agency may not shorten a schedule under clause (i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the Federal agency for the project.

;

(C)

by redesignating subparagraph (E) as subparagraph (F); and

(D)

by inserting after subparagraph (D) the following:

(E)

If a cooperating Federal agency fails to meet a deadline established under subparagraph (D)(ii)(I)—

(i)

the cooperating Federal agency shall submit to the Secretary a report that describes the reasons why the deadline was not met; and

(ii)

the Secretary shall—

(I)

transmit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the report under clause (i); and

(II)

make the report under clause (i) publicly available on the internet.

; and

(7)

by adding at the end the following:

(p)

(1)

The Secretary shall establish a performance accountability system to track each major infrastructure project.

(2)

The performance accountability system under paragraph (1) shall, for each major infrastructure project, track, at a minimum—

(A)

the environmental review process for the major infrastructure project, including the project schedule;

(B)

whether the lead agency, cooperating agencies, and participating agencies are meeting the schedule established for the environmental review process; and

(C)

the time taken to complete the environmental review process.

(q)

(1)

Not later than 60 days after the date of enactment of this subsection, the Secretary shall—

(A)

in consultation with the entities described in paragraph (2), identify the categorical exclusions described in section 771.117 of title 23, Code of Federal Regulations (or successor regulations), that would accelerate delivery of a project if those categorical exclusions were available to those entities;

(B)

collect existing documentation and substantiating information on the categorical exclusions described in subparagraph (A); and

(C)

provide to each entity described in paragraph (2) a list of the categorical exclusions identified under subparagraph (A) and the documentation and substantiating information under subparagraph (B).

(2)

The entities referred to in paragraph (1) are—

(A)

the Secretary of the Interior;

(B)

the Secretary of the Army;

(C)

the Secretary of Commerce;

(D)

the Secretary of Agriculture;

(E)

the Secretary of Energy;

(F)

the Secretary of Defense; and

(G)

the head of any other Federal agency that has participated in an environmental review process, as determined by the Secretary.

(3)

If an entity described in paragraph (2) determines that a categorical exclusion identified under paragraph (1)(A) meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulations), not later than 2 years after the date on which the Secretary provides the list under paragraph (1)(C), the entity shall publish a notice of proposed rulemaking to propose a new categorical exclusion.

(b)

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 139 and inserting the following:

139. Efficient environmental reviews for project decisionmaking and One Federal Decision.

1302.

The Secretary shall amend section 630.1008(e) of title 23, Code of Federal Regulations, to ensure that the work zone process review under that subsection is required not more frequently than once every 5 years.

1303.

(a)

The Secretary shall amend section 630.1010(c) of title 23, Code of Federal Regulations, to ensure that only a project described in that subsection with a lane closure for 3 or more consecutive days shall be considered to be a significant project for purposes of that section.

(b)

Notwithstanding any other provision of law, a State shall not be required to develop or implement a transportation management plan (as described in section 630.1012 of title 23, Code of Federal Regulations (or successor regulations)) for a highway project not on the Interstate System if the project requires not more than 3 consecutive days of lane closures.

1304.

(a)

The Secretary shall develop guidance for using existing flexibilities with respect to the systems engineering analysis described in part 940 of title 23, Code of Federal Regulations (or successor regulations).

(b)

The Secretary shall ensure that any guidance developed under subsection (a)—

(1)

clearly identifies criteria for low-risk and exempt intelligent transportation systems projects, with a goal of minimizing unnecessary delay or paperwork burden;

(2)

is consistently implemented by the Department nationwide; and

(3)

is disseminated to Federal-aid recipients.

(c)

Nothing in this section prevents the Secretary from amending part 940 of title 23, Code of Federal Regulations (or successor regulations), to reduce State administrative burdens.

1305.

(a)

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

(f)

(1)

Notwithstanding any other provision of law (including the Federal Acquisition Regulation), a contracting method available to a State under this title may be used by the Secretary, on behalf of—

(A)

a Federal land management agency, in using any funds pursuant to sections 203, 204, or 308;

(B)

a Federal land management agency, in using any funds pursuant to section 1535 of title 31 for any of the eligible uses described in sections 203(a)(1) and 204(a)(1) and paragraphs (1) and (2) of section 308(a); or

(C)

a Tribal government, in using funds pursuant to section 202(b)(7)(D).

(2)

The contracting methods referred to in paragraph (1) shall include, at a minimum—

(A)

project bundling;

(B)

bridge bundling;

(C)

design-build contracting;

(D)

2-phase contracting;

(E)

long-term concession agreements; and

(F)

any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.

(3)

Nothing in this subsection—

(A)

affects the application of the Federal share for the project carried out with a contracting method under this subsection; or

(B)

modifies the point of obligation of Federal salaries and expenses.

(b)

Section 308(a) of title 23, United States Code, is amended by adding at the end the following:

(4)

(A)

Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing services under paragraph (1), the Secretary may use any contracting method available to a State under this title.

(B)

The contracting methods referred to in subparagraph (A) shall include, at a minimum—

(i)

project bundling;

(ii)

bridge bundling;

(iii)

design-build contracting;

(iv)

2-phase contracting;

(v)

long-term concession agreements; and

(vi)

any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.

(c)

In carrying out an alternative contracting method under section 201(f) or 308(a)(4) of title 23, United States Code, the Secretary shall—

(1)

in consultation with the applicable Federal land management agencies, establish clear procedures that are—

(A)

applicable to the alternative contracting method; and

(B)

to the maximum extent practicable, consistent with the requirements applicable to Federal procurement transactions;

(2)

solicit input on the use of the alternative contracting method from the affected industry prior to using the method; and

(3)

analyze and prepare an evaluation of the use of the alternative contracting method.

1306.

Section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law 114–94) is amended—

(1)

in subsection (a), by striking and on request by a State, the Secretary may in the matter preceding paragraph (1) and all that follows through the period at the end of paragraph (2) and inserting the following: “, on request by a State, and if in the public interest (as determined by the Secretary), the Secretary shall exercise all existing flexibilities under—

(1)

the requirements of title 23, United States Code; and

(2)

other requirements administered by the Secretary, in whole or in part.

; and

(2)

in subsection (b)(2)(A), by inserting (including regulations) after environmental law.

1307.

(a)

In this section, the term template means a template created by the Secretary for Federal-State stewardship and oversight agreements that—

(1)

includes all standard terms found in stewardship and oversight agreements, including any terms in an attachment to the agreement;

(2)

is developed in accordance with section 106 of title 23, United States Code, or any other applicable authority; and

(3)

may be developed with consideration of relevant regulations, guidance, or policies.

(b)

(1)

Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register the template and a notice requesting public comment on ways to improve the template.

(2)

The Secretary shall provide a period of not less than 60 days for public comment on the notice under paragraph (1).

(3)

The notice under paragraph (1) shall allow comment on any aspect of the template and shall specifically request public comment on—

(A)

whether the template should be revised to delete standard terms requiring approval by the Secretary of the policies, procedures, processes, or manuals of the States, or other State actions, if Federal law (including regulations) does not specifically require an approval;

(B)

opportunities to modify the template to allow adjustments to the review schedules for State practices or actions, including through risk-based approaches, program reviews, process reviews, or other means; and

(C)

any other matters that the Secretary determines to be appropriate.

(c)

(1)

Not later than 1 year after the date of enactment of this Act, after considering the comments received in response to the Federal Register notice under subsection (b), the Secretary shall publish in the Federal Register a notice that—

(A)

describes any proposed changes to be made, and any alternatives to such changes, to the template;

(B)

addresses comments in response to which changes were not made to the template; and

(C)

prescribes a schedule and a plan to execute a process for implementing the changes referred to in subparagraph (A).

(2)

In addressing comments under paragraph (1)(B), the Secretary shall include an explanation of the basis for retaining any requirement for approval of State policies, procedures, processes, or manuals, or other State actions, if Federal law (including regulations) does not specifically require the approval.

(3)

(A)

Not later than 60 days after the date on which the notice under paragraph (1) is published, the Secretary shall make changes to the template in accordance with—

(i)

the changes described in the notice under paragraph (1)(A); and

(ii)

the schedule and plan described in the notice under paragraph (1)(C).

(B)

Not later than 1 year after the date on which the revised template under subparagraph (A) is published, the Secretary shall update existing agreements with States according to the template updated under subparagraph (A).

(d)

Nothing in this section precludes the inclusion in a Federal-State stewardship and oversight agreement of non-standard terms to address a State-specific matter, including risk-based stewardship and Department oversight involvement in individual projects of division interest.

(e)

(1)

The Secretary shall not enforce or otherwise require a State to comply with approval requirements that are not required by Federal law (including regulations) in a Federal-State stewardship and oversight agreement.

(2)

Notwithstanding any other provision of law, the Secretary shall not assert approval authority over any matter in a Federal-State stewardship and oversight agreement reserved to States.

(f)

Section 106(g)(3) of title 23, United States Code, is amended—

(1)

by striking annual;

(2)

by striking The Secretary and inserting the following:

(A)

The Secretary

; and

(3)

by adding at the end the following:

(B)

(i)

Except as provided in clauses (ii) and (iii), the Secretary shall carry out a review under subparagraph (A) not less frequently than once every 2 years.

(ii)

The Secretary, after consultation with a State, may make a determination to carry out a review under subparagraph (A) for that State less frequently than provided under clause (i).

(iii)

If the Secretary determines that there is a specific reason to require a review more frequently than provided under clause (i) with respect to a State, the Secretary may carry out a review more frequently than provided under that clause.

1308.

(a)

The Secretary shall develop guidance for the acceptance and use of information obtained from a non-Federal entity through geomatic techniques, including remote sensing and land surveying, cartography, geographic information systems, global navigation satellite systems, photogrammetry, or other remote means.

(b)

In carrying out this section, the Secretary shall ensure that acceptance or use of information described in subsection (a) meets the data quality and operational requirements of the Secretary.

(c)

Before issuing any final guidance under subsection (a), the Secretary shall provide to the public—

(1)

notice of the proposed guidance; and

(2)

an opportunity to comment on the proposed guidance.

(d)

Nothing in this section—

(1)

requires the Secretary to accept or use information that the Secretary determines does not meet the guidance developed under this section; or

(2)

changes the current statutory or regulatory requirements of the Department.

1309.

(a)

Chapter 3 of title 23, United States Code, is amended by adding at the end the following:

331.

(a)

(1)

(A)

In this section, the term eligible project or activity means a project or activity within an existing operational right-of-way (as defined in section 771.117(c)(22) of title 23, Code of Federal Regulations (or successor regulations))—

(i)

(I)

eligible for assistance under this title; or

(II)

administered as if made available under this title;

(ii)

that is—

(I)

a preventive maintenance, preservation, or highway safety improvement project (as defined in section 148(a)); or

(II)

a new turn lane that the State advises in writing to the Secretary would assist public safety; and

(iii)

that—

(I)

is classified as a categorical exclusion under section 771.117 of title 23, Code of Federal Regulations (or successor regulations); or

(II)

if the project or activity does not receive assistance described in clause (i) would be considered a categorical exclusion if the project or activity received assistance described in clause (i).

(B)

The term eligible project or activity does not include a project to create a new travel lane.

(2)

The term preliminary evaluation, with respect to an application described in subsection (b)(1), means an evaluation that is customary or practicable for the relevant agency to complete within a 45-day period for similar applications.

(3)

The term relevant agency means a Federal agency, other than the Federal Highway Administration, with responsibility for review of an application from a State for a permit, approval, or jurisdictional determination for an eligible project or activity.

(b)

(1)

Subject to paragraph (2), not later than 45 days after the date of receipt of an application by a State for a permit, approval, or jurisdictional determination for an eligible project or activity, the head of the relevant agency shall—

(A)

make at least a preliminary evaluation of the application; and

(B)

notify the State of the results of the preliminary evaluation under subparagraph (A).

(2)

The head of the relevant agency may extend the review period under paragraph (1) by not more than 30 days if the head of the relevant agency provides to the State written notice that includes an explanation of the need for the extension.

(3)

If the head of the relevant agency fails to meet a deadline under paragraph (1) or (2), as applicable, the head of the relevant agency shall—

(A)

not later than 30 days after the date of the missed deadline, submit to the State, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes why the deadline was missed; and

(B)

not later than 14 days after the date on which a report is submitted under subparagraph (A), make publicly available, including on the internet, a copy of that report.

(b)

The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following:

331. Evaluation of projects within an operational right-of-way.

1310.

(a)

Chapter 3 of title 23, United States Code (as amended by section 1309(a)), is amended by adding at the end the following:

332.

(a)

In this section, the term Dashboard has the meaning given the term in section 41001 of the FAST Act (42 U.S.C. 4370m).

(b)

Not later than January 31 of each year, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report with respect to any projects, programs, or authorities under this title (other than chapter 4) that includes—

(1)

for the preceding fiscal year—

(A)

the median time described in subsection (c)(1) posted on the Dashboard for projects described in subsection (c)(2);

(B)

a list of any new categorical exclusions adopted by the Department and listed under section 771.117 of title 23, Code of Federal Regulations (or successor regulations); and

(C)

a list of all regulatory requirements that have been removed or reduced and, if available, a summary of the cost savings resulting from the removal or reduction to—

(i)

States;

(ii)

units of Tribal and local government; and

(iii)

the public; and

(2)

for the current fiscal year—

(A)

an estimate or documentation of the median time elapsed between—

(i)

the date of the publication in the Federal Register of a notice of intent to prepare an environmental impact statement; and

(ii)

the date of the record of decision with respect to that environmental impact statement by the Department; and

(B)

if available, a summary of the cost savings, including cost savings to States, units of Tribal and local government, and the public, resulting from the removal or reduction of regulatory requirements.

(c)

(1)

Not later than January 31 of each year, the Secretary shall provide to the Executive Director of the Federal Permitting Improvement Steering Council established under section 41002(a) of the FAST Act (42 U.S.C. 4370m–1(a)), to make available on the Dashboard, with respect to projects described in paragraph (2), the median time elapsed between—

(A)

the publication in the Federal Register of the notice of intent to prepare an environmental impact statement; and

(B)

the date of issuance of the record of decision with respect to that environmental impact statement by the Department of Transportation.

(2)

A project referred to in paragraph (1) is a project for which—

(A)

a record of decision for an environmental impact statement was issued during the preceding fiscal year; and

(B)

the Department of Transportation is a lead agency (as defined in section 139).

(b)

The analysis for chapter 3 of title 23, United States Code (as amended by section 1309(b)), is amended by adding at the end the following:

332. Department of Transportation reports.

1401.

(a)

The purpose of this section is to establish a grant program to strategically deploy electric vehicle charging infrastructure, hydrogen fueling infrastructure, and natural gas fueling infrastructure along designated alternative fuel corridors that will be accessible to all drivers of electric vehicles, hydrogen vehicles, and natural gas vehicles.

(b)

Section 151 of title 23, United States Code, is amended—

(1)

in subsection (a), by striking Not later than 1 year after the date of enactment of the FAST Act, the Secretary shall and inserting The Secretary shall periodically;

(2)

in subsection (b)(2), by inserting previously designated by the Federal Highway Administration or before designated by;

(3)

in subsection (d)—

(A)

by striking 5 years after the date of establishment of the corridors under subsection (a), and every 5 years thereafter, and inserting 180 days after the date of enactment of the America's Transportation Infrastructure Act of 2019,; and

(B)

by inserting establish a recurring process to regularly before update;

(4)

in subsection (e)—

(A)

in paragraph (1), by striking and at the end;

(B)

in paragraph (2)—

(i)

by striking establishes an aspirational goal of achieving and inserting describes efforts, including through funds awarded through the grant program under subsection (f), that will aid efforts to achieve; and

(ii)

by striking by the end of fiscal year 2020. and inserting ; and; and

(C)

by adding at the end the following:

(3)

summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure, hydrogen fueling infrastructure, and natural gas fueling infrastructure at the State, Tribal, and local level to allow for the predictable deployment of that infrastructure.

; and

(5)

by adding at the end the following:

(f)

(1)

Not later than 1 year after the date of enactment of the America's Transportation Infrastructure Act of 2019, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in paragraph (5).

(2)

An entity eligible to receive a grant under this subsection is—

(A)

a State or political subdivision of a State;

(B)

a metropolitan planning organization;

(C)

a unit of local government;

(D)

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

(E)

an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));

(F)

an authority, agency, or instrumentality of, or an entity owned by, 1 or more entities described in subparagraphs (A) through (E); or

(G)

a group of entities described in subparagraphs (A) through (F).

(3)

To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require, including—

(A)

a description of how the eligible entity has considered—

(i)

public accessibility of charging or fueling infrastructure proposed to be funded with a grant under this subsection, including—

(I)

charging or fueling connector types and publicly available information on real-time availability; and

(II)

payment methods to ensure secure, convenient, fair, and equal access;

(ii)

collaborative engagement with stakeholders (including automobile manufacturers, utilities, infrastructure providers, technology providers, electric charging, hydrogen, and natural gas fuel providers, metropolitan planning organizations, States, Indian tribes, and units of local governments, fleet owners, fleet managers, fuel station owners and operators, labor organizations, infrastructure construction and component parts suppliers, and multi-State and regional entities)—

(I)

to foster enhanced, coordinated, public-private or private investment in electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure;

(II)

to expand deployment of electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure;

(III)

to protect personal privacy and ensure cybersecurity; and

(IV)

to ensure that a properly trained workforce is available to construct and install electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure;

(iii)

the location of the station or fueling site, such as consideration of—

(I)

the availability of onsite amenities for vehicle operators, such as restrooms or food facilities;

(II)

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

(III)

height and fueling capacity requirements for facilities that charge or refuel large vehicles, such as semi-trailer trucks; and

(IV)

appropriate distribution to avoid redundancy and fill charging or fueling gaps;

(iv)

infrastructure installation that can be responsive to technology advancements, such as accommodating autonomous vehicles and future charging methods; and

(v)

the long-term operation and maintenance of the electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure, to avoid stranded assets and protect the investment of public funds in that infrastructure; and

(B)

an assessment of the estimated emissions that will be reduced through the use of electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure, which shall be conducted using the Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) tool developed by Argonne National Laboratory (or a successor tool).

(4)

In selecting eligible entities to receive a grant under this subsection, the Secretary shall—

(A)

consider the extent to which the application of the eligible entity would—

(i)

improve alternative fueling corridor networks by—

(I)

converting corridor-pending corridors to corridor-ready corridors; or

(II)

in the case of corridor-ready corridors, providing redundancy—

(aa)

to meet excess demand for charging or fueling infrastructure; or

(bb)

to reduce congestion at existing charging or fueling infrastructure in high-traffic locations;

(ii)

meet current or anticipated market demands for charging or fueling infrastructure;

(iii)

enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance; and

(iv)

support a long-term competitive market for electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure that does not significantly impair existing electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure providers;

(B)

ensure, to the maximum extent practicable, geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure is available throughout the United States;

(C)

consider whether the private entity that the eligible entity contracts with under paragraph (5)—

(i)

submits to the Secretary the most recent year of audited financial statements; and

(ii)

has experience in installing and operating electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure; and

(D)

consider whether, to the maximum extent practicable, the eligible entity and the private entity that the eligible entity contracts with under paragraph (5) enter into an agreement—

(i)

to operate and maintain publicly available electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas infrastructure; and

(ii)

that provides a remedy and an opportunity to cure if the requirements described in clause (i) are not met.

(5)

(A)

An eligible entity receiving a grant under this subsection shall only use the funds in accordance with this paragraph to contract with a private entity for acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle.

(B)

Any electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated—

(i)

under this section, on the condition that any affected Indian tribes are consulted before the designation; or

(ii)

by a State or group of States, such as the Regional Electric Vehicle West Plan of the States of Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming, on the condition that any affected Indian tribes are consulted before the designation.

(C)

(i)

Subject to clauses (ii) and (iii), an eligible entity that receives a grant under this subsection may use a portion of the funds to provide to a private entity operating assistance for the first 5 years of operations after the installation of electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure while the facility transitions to independent system operations.

(ii)

Operating assistance under this subparagraph shall be limited to costs allocable to operating and maintaining the electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure and service, including costs associated with labor, marketing, and administrative costs.

(iii)

Operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph (A) to acquire and install publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure.

(D)

(i)

Subject to this paragraph and paragraph (6)(B), an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install—

(I)

traffic control devices located in the right-of-way to provide directional information to electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure acquired, installed, or operated with the grant; and

(II)

on-premises signs to provide information about electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure acquired, installed, or operated with a grant under this subsection.

(ii)

Clause (i) shall apply only to an eligible entity that—

(I)

receives a grant under this subsection; and

(II)

is using that grant for the acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure.

(iii)

The amount of funds used to acquire and install traffic control devices and on-premises signs under clause (i) may not exceed the amount of a contract under subparagraph (A) to acquire and install publicly accessible charging or fueling infrastructure.

(iv)

Nothing in this subparagraph authorizes an eligible entity that receives a grant under this subsection to acquire and install traffic control devices or on-premises signs if the entity is not otherwise authorized to do so.

(E)

An eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph (A) may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure.

(6)

(A)

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

(B)

Any traffic control device or on-premises sign acquired, installed, or operated with a grant under this subsection shall comply with—

(i)

the Manual on Uniform Traffic Control Devices, if located in the right-of-way; and

(ii)

other provisions of Federal, State, and local law, as applicable.

(7)

(A)

The Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 80 percent of the total project cost.

(B)

As a condition of contracting with an eligible entity under paragraph (5), a private entity shall agree to pay the share of the cost of a project carried out with a grant under this subsection that is not paid by the Federal Government under subparagraph (A).

(8)

Not later than 3 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the progress and implementation of this subsection.

1402.

(a)

(1)

The Secretary shall establish a program to reduce idling at port facilities, under which the Secretary shall—

(A)

study how ports and intermodal port transfer facilities would benefit from increased opportunities to reduce emissions at ports, including through the electrification of port operations;

(B)

study emerging technologies and strategies that may help reduce port-related emissions from idling trucks; and

(C)

coordinate and provide funding to test, evaluate, and deploy projects that reduce port-related emissions from idling trucks, including through the advancement of port electrification and improvements in efficiency, focusing on port operations, including heavy-duty commercial vehicles, and other related projects.

(2)

In carrying out the program under this subsection, the Secretary may consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency.

(b)

(1)

In carrying out subsection (a)(1)(C), the Secretary shall award grants to fund projects that reduce emissions at ports, including through the advancement of port electrification.

(2)

A grant awarded under paragraph (1) shall not exceed 80 percent of the total cost of the project funded by the grant.

(3)

In carrying out the grant program under this subsection, the Secretary shall—

(A)

to the maximum extent practicable, leverage existing resources and programs of the Department and other relevant Federal agencies; and

(B)

coordinate with other Federal agencies, as the Secretary determines to be appropriate.

(4)

(A)

The Secretary shall solicit applications for grants under paragraph (1) at such time, in such manner, and containing such information as the Secretary determines to be necessary.

(B)

The Secretary shall make grants under paragraph (1) by not later than April 1 of each fiscal year for which funding is made available.

(c)

Not later than 1 year after the date on which all of the projects funded with a grant under subsection (b) are completed, the Secretary shall submit to Congress a report that includes—

(1)

the findings of the studies described in subparagraphs (A) and (B) of subsection (a)(1);

(2)

the results of the projects that received a grant under subsection (b);

(3)

any recommendations for workforce development and training opportunities with respect to port electrification; and

(4)

any policy recommendations based on the findings and results described in paragraphs (1) and (2).

1403.

(a)

Chapter 1 of title 23, United States Code (as amended by section 1203(a)), is amended by adding at the end the following:

177.

(a)

In this section:

(1)

The terms metropolitan planning organization and urbanized area have the meaning given those terms in section 134(b).

(2)

The term transportation emissions means carbon dioxide emissions from on-road highway sources of those emissions within a State.

(3)

The term transportation management area means a transportation management area identified or designated by the Secretary under section 134(k)(1).

(b)

(1)

For each fiscal year, the Secretary shall distribute among the States the amounts made available to carry out this section for that fiscal year in accordance with paragraph (2).

(2)

The amount for each State shall be determined by multiplying the total amount made available to carry out this section for the applicable fiscal year by the ratio that—

(A)

the total base apportionment for the State under section 104(c); bears to

(B)

the total base apportionments for all States under section 104(c).

(c)

(1)

A State shall use 50 percent of the amount distributed to the State under subsection (b) for each fiscal year to carry out activities under paragraph (2).

(2)

Subject to paragraph (3), a State and any metropolitan planning organization that is required to obligate funds in accordance with subsection (e) shall use the funds under paragraph (1) for activities designed to reduce transportation emissions, including—

(A)

a project described in paragraph (4), (5), (7), or (8) of subsection (b) of section 149 or subsection (c)(2) of that section, regardless of whether the project—

(i)

is located in an area designated as a nonattainment or maintenance area, as described in section 149(b); or

(ii)

is likely to contribute to the attainment or maintenance in the area of a national ambient air quality standard;

(B)

a project that is eligible for assistance under section 142;

(C)

a project for the provision of facilities for pedestrians and bicyclists (including the conversion and use of rail corridors for pedestrian and bike trails);

(D)

a project that is described in section 503(c)(4)(E);

(E)

a project to reduce emissions from port-related equipment and vehicles;

(F)

a project to replace street lighting and traffic control devices with energy efficient alternatives; and

(G)

the development of a carbon reduction strategy under subsection (d)(1)(A).

(3)

No funds provided under paragraph (1) may be used for a project that will result in the construction of new capacity available to single-occupant vehicles.

(4)

The Federal share of the cost of a project carried out with funds under paragraph (1) shall be determined in accordance with section 120.

(d)

(1)

(A)

A State may, in consultation with a metropolitan planning organization within the State, develop a carbon reduction strategy.

(B)

If a State develops a carbon reduction strategy under subparagraph (A), the carbon reduction strategy shall—

(i)

identify projects and strategies to reduce transportation emissions, which may include projects and strategies for safe, reliable, and cost-effective options—

(I)

to reduce traffic congestion on Federal-aid highways located within the State or the area served by the metropolitan planning organization, as applicable;

(II)

to facilitate the use of alternatives to single-occupant vehicle trips, including public transportation facilities, pedestrian facilities, bicycle facilities, and shared or pooled vehicle trips within the State or an area served by the metropolitan planning organization, if any;

(III)

to facilitate the use of vehicles or modes of travel that result in lower transportation emissions per person-mile traveled; and

(IV)

to facilitate approaches to transportation asset construction and maintenance that result in lower transportation emissions;

(ii)

set targets for the reduction of transportation emissions and implementation of the projects and strategies identified under clause (i);

(iii)

be appropriate to the population density and context of the State, including a metropolitan planning organization within the State, if any;

(iv)

provide a reasonable opportunity for participation and review by interested parties within the State;

(v)

be updated not less frequently than once every 3 years; and

(vi)

be reviewed and certified by the Secretary to have met the requirements of this subparagraph.

(2)

(A)

A State shall use 50 percent of the amounts made available to the State under subsection (b) for each fiscal year for the eligible activities under subparagraph (B).

(B)

(i)

A State and any metropolitan planning organization in the State that is required to obligate funds in accordance with subsection (e) may use the funds under subparagraph (A) for a project or strategy described in subsection (c)(2).

(ii)

In addition to the eligible activities under clause (i), a State and any metropolitan planning organization in the State that is required to obligate funds in accordance with subsection (e) may use the funds under subparagraph (A) for a project eligible under section 133(b) if—

(I)

the State has, within the fiscal year prior to the fiscal year in which the Secretary is making the grant or by a deadline established by the Secretary in the fiscal year in which the Secretary is making the grant, developed a carbon reduction strategy under paragraph (1)(A) that has been approved by the Secretary under clause (vi) of that paragraph; or

(II)

the State or metropolitan planning organization has, within the 4 fiscal years prior to the fiscal year in which the Secretary is making the grant or by a deadline established by the Secretary in the fiscal year in which the Secretary is making the grant, incorporated a carbon reduction strategy under paragraph (1)(A) into—

(aa)

a long-range transportation plan developed by the metropolitan planning organization under section 134(c), if any; and

(bb)

the long-range statewide transportation plan developed by the State under section 135(f)(1).

(C)

The Federal share of the cost of a project carried out using funds under subparagraph (A) shall be—

(i)

in the case of a State or metropolitan planning organization within a State that meets the requirements under subparagraph (B)(ii), up to 100 percent, at the discretion of the State; and

(ii)

in the case of a State or metropolitan planning organization within a State that is not described in clause (i), determined in accordance with section 120.

(e)

(1)

For each fiscal year, of the funds made available to a State under subsections (c) and (d)—

(A)

65 percent of each amount shall be obligated, 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; and

(ii)

in other areas of the State; and

(B)

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

(2)

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)

(A)

(B)

The State may obligate the funds described in subparagraph (A) based on other factors if—

(i)

the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors; and

(ii)

the Secretary grants the request.

(4)

Before obligating funds for an eligible activity under subsection (c) or (d) in an urbanized area that is not a transportation management area, a State shall consult with any metropolitan planning organization that represents the urbanized area prior to determining which activities should be carried out.

(5)

Before obligating funds for an eligible activity under subsection (c) or (d) in a rural area, a State shall consult with any regional transportation planning organization or metropolitan planning organization that represents the rural area prior to determining which activities should be carried out.

178.

(a)

In this section:

(1)

The terms metropolitan planning organization and urbanized area have the meaning given those terms in section 134(b).

(2)

The term qualifying State means a State in which—

(A)

the average annual transportation emissions within the State has grown more slowly or declined during the most recent 2-calendar year period for which data are available for transportation emissions at the time the Secretary is making the grant under this section, as compared to the 2-calendar year period that immediately precedes that period; or

(B)

the average annual transportation emissions within the State, as estimated on a per capita basis, has grown more slowly or declined during the most recent 2-calendar year period for which data are available for transportation emissions at the time the Secretary is making the grant under this section, as compared to the 2-calendar year period that immediately precedes that period.

(3)

The term qualifying unit of local government means a unit of local government in an urbanized area served by a metropolitan planning organization, in which—

(A)

the average annual transportation emissions within the urbanized area has grown more slowly or declined during the most recent 2-calendar year period for which data are available for transportation emissions at the time the Secretary is making the grant under this section, as compared to the 2-calendar year period that immediately precedes that period; or

(B)

the average annual transportation emissions within the urbanized area, as estimated on a per capita basis, has grown more slowly or declined during the most recent 2-calendar year period for which data are available for transportation emissions at the time the Secretary is making the grant under this section, as compared to the 2-calendar year period that immediately precedes that period.

(4)

The term transportation emissions has the meaning given the term in section 177(a).

(b)

(1)

(2)

The Secretary shall distribute amounts under paragraph (1) to any of the following:

(A)

A qualifying State.

(B)

A qualifying unit of local government.

(3)

(A)

The Secretary shall select eligible entities to receive a grant under paragraph (1) to recognize the achievement of the eligible entity in meeting any of the following performance categories:

(i)

A significant reduction in transportation emissions, as estimated on a per unit of economic output basis.

(ii)

A significant reduction in transportation emissions, as estimated on a per capita basis.

(iii)

Transportation emissions, as estimated on a per unit of economic output basis, that are among the lowest of jurisdictions with comparable population and surface transportation system characteristics.

(iv)

Transportation emissions, as estimated on a per capita basis, that are among the lowest of jurisdictions with comparable population and surface transportation system characteristics.

(v)

Innovative planning efforts and the implementation of a carbon reduction strategy under section 177(d)(1)(A) or plans that lead to a reduction in transportation emissions.

(B)

In selecting among eligible entities to receive grants under paragraph (1) and the amount of each of those grants, the Secretary shall give priority to eligible entities that have achieved the most significant levels of reductions of transportation emissions, as estimated on either a per unit of economic basis or on a per capita basis.

(C)

The Secretary may—

(i)

award a grant under paragraph (1) to multiple eligible entities for each performance category described in subparagraph (A); and

(ii)

recognize achievements in each performance category described in subparagraph (A)—

(I)

in urban and rural areas; and

(II)

on the State and local level.

(D)

The Secretary may not award a grant under this subsection to the same eligible entity more than once in a 2-year period.

(4)

A grant under paragraph (1) shall be in an amount—

(A)

not less than $5,000,000; and

(B)

not more than $30,000,000.

(5)

An eligible entity may use a grant under paragraph (1) for—

(A)

an activity eligible under this title; and

(B)

a project—

(i)

to maintain the condition of a Federal-aid highway, including routine maintenance; or

(ii)

that—

(I)

responds to a specific condition or event; and

(II)

restores a Federal-aid highway to a functional state of operations.

(6)

(7)

The Federal share of the cost of a project carried out using a grant under paragraph (1) shall be, as determined at the discretion of the grant recipient, up to 100 percent.

(b)

The analysis for chapter 1 of title 23, United States Code (as amended by section 1203(b)), is amended by inserting after the item relating to section 176 the following:

177. Formula carbon reduction incentive program.

178. Carbon reduction performance program.

1404.

(a)

Section 129 of title 23, United States Code, is amended by adding at the end the following:

(d)

(1)

In this subsection:

(A)

The term eligible entity means—

(i)

a State, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000; and

(ii)

a metropolitan planning organization, city, or municipality, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000.

(B)

The term integrated congestion management system means a system for the integration of management and operations of a regional transportation system that includes, at a minimum, traffic incident management, work zone management, traffic signal timing, managed lanes, real-time traveler information, and active traffic management, in order to maximize the capacity of all facilities and modes across the applicable region.

(C)

The term program means the congestion relief program established under paragraph (2).

(2)

The Secretary shall establish a congestion relief program to provide discretionary grants to eligible entities to advance innovative, integrated, and multimodal solutions to congestion relief in the most congested metropolitan areas of the United States.

(3)

The goals of the program are to reduce highway congestion, reduce economic and environmental costs associated with that congestion, including transportation emissions, and optimize existing highway capacity and usage of highway and transit systems through—

(A)

improving intermodal integration with highways, highway operations, and highway performance;

(B)

reducing or shifting highway users to off-peak travel times or to nonhighway travel modes during peak travel times; and

(C)

pricing of, or based on, as applicable—

(i)

parking;

(ii)

use of roadways, including in designated geographic zones; or

(iii)

congestion.

(4)

Funds from a grant under the program may be used for a project or an integrated collection of projects, including planning, design, implementation, and construction activities, to achieve the program goals under paragraph (3), including—

(A)

deployment and operation of an integrated congestion management system;

(B)

deployment and operation of a system that implements or enforces high occupancy vehicle toll lanes, cordon pricing, parking pricing, or congestion pricing;

(C)

deployment and operation of mobility services, including establishing account-based financial systems, commuter buses, commuter vans, express operations, paratransit, and on-demand microtransit; and

(D)

incentive programs that encourage travelers to carpool, use nonhighway travel modes during peak period, or travel during nonpeak periods.

(5)

(A)

To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(B)

In providing grants under the program, the Secretary shall give priority to projects in urbanized areas that are experiencing a high degree of recurrent congestion.

(C)

The Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 percent of the total project cost.

(D)

A grant provided under the program shall be not less than $10,000,000.

(6)

(A)

Notwithstanding subsection (a)(1) and section 301 and subject to subparagraphs (B) and (C), the Secretary shall allow the use of tolls on the Interstate System as part of a project carried out with a grant under the program.

(B)

The Secretary may only approve the use of tolls under subparagraph (A) if—

(i)

the eligible entity has authority under State, and if applicable, local, law to assess the applicable toll;

(ii)

the maximum toll rate for any vehicle class is not greater than the product obtained by multiplying—

(I)

the toll rate for any other vehicle class; and

(II)

(iii)

the toll rates are not charged or varied on the basis of State residency;

(iv)

the Secretary determines that the use of tolls will enable the eligible entity to achieve the program goals under paragraph (3) without a significant impact to safety or mobility within the urbanized area in which the project is located; and

(v)

the use of toll revenues complies with subsection (a)(3).

(C)

The Secretary may not approve the use of tolls on the Interstate System under the program in more than 10 urbanized areas.

(7)

A project under the program—

(A)

shall include, if appropriate, an analysis of the potential effects of the project on low-income drivers; and

(B)

may include mitigation measures to deal with any potential adverse financial effects on low-income drivers.

(b)

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

(1)

by redesignating paragraph (10) as paragraph (11); and

(2)

by inserting after paragraph (9) the following:

(10)

Notwithstanding section 102(a), in the case of a toll facility that is on the Interstate System and that is constructed or converted after the date of enactment of the America's Transportation Infrastructure Act of 2019, the public authority with jurisdiction over the toll facility shall allow high occupancy vehicles, transit, and paratransit vehicles to use the facility at a discount rate or without charge, unless the public authority, in consultation with the Secretary, determines that the number of those vehicles using the facility reduces the travel time reliability of the facility.

1405.

(a)

(1)

Section 70102(b) of title 49, United States Code, is amended—

(A)

in paragraph (10), by striking and at the end;

(B)

in paragraph (11), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following:

(12)

possible strategies to increase resiliency, including the ability to anticipate, prepare for, or adapt to conditions, or withstand, respond to, or recover rapidly from disruptions, including extreme weather and natural disasters;

(13)

strategies to promote United States economic growth and international competitiveness; and

(14)

strategies to reduce local air pollution, water runoff, and wildlife habitat loss.

(2)

Section 70202 of title 49, United States Code, is amended—

(A)

in subsection (b)—

(i)

in paragraph (9), by striking and at the end;

(ii)

by redesignating paragraph (10) as paragraph (13); and

(iii)

by inserting after paragraph (9) the following:

(10)

the most recent commercial motor vehicle parking facilities assessment conducted under subsection (f);

(11)

strategies and goals to decrease—

(A)

the severity of impacts of extreme weather and natural disasters;

(B)

local air pollution;

(C)

flooding, water runoff, and other adverse water impacts; and

(D)

wildlife habitat loss;

(12)

strategies and goals to decrease the adverse impact of freight transportation on communities traversed by freight railroads; and

;

(B)

by redesignating subsection (e) as subsection (h); and

(C)

by inserting after subsection (d) the following:

(e)

Each State freight plan under this section shall include a requirement that the State, in carrying out activities under the State freight plan—

(1)

enhance reliability or redundancy; or

(2)

incorporate the ability to rapidly restore access and reliability.

(f)

As part of the development or updating, as applicable, of the State freight plan under this section, each State that receives funding under section 167 of title 23, in consultation with relevant State motor carrier safety personnel, shall conduct an assessment of—

(1)

the capability of the State, together with the private sector in the State, to provide adequate parking facilities and rest facilities for commercial motor vehicles engaged in interstate transportation;

(2)

the volume of commercial motor vehicle traffic in the State; and

(3)

whether there are any areas within the State that have a shortage of adequate commercial motor vehicle parking facilities, including an analysis (economic or otherwise, as the State determines to be appropriate) of the underlying causes of any such shortages.

(g)

(1)

The Secretary of Transportation shall approve a State freight plan described in subsection (a) if the plan achieves compliance with the requirements of this section.

(2)

Nothing in this subsection establishes new procedural requirements for the approval of a State freight plan described in subsection (a).

(b)

For the purpose of facilitating the integration of freight transportation into an intelligent transportation system network powered by electricity, the Secretary, acting through the Administrator of the Federal Highway Administration, shall conduct 2 or more appropriate studies relating to—

(1)

preparing to supply power to applicable electrical freight infrastructure; and

(2)

safely integrating freight into a smart vehicle world.

1406.

(a)

Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended—

(1)

in subsection (c)(3), in the first sentence of the matter preceding subparagraph (A), by striking percursors and inserting precursors; and

(2)

in subsection (g)—

(A)

by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately;

(B)

in the undesignated matter following subparagraph (D) (as so redesignated)—

(i)

in the second sentence, by striking The Administrator and inserting the following:

(5)

The Administrator

; and

(ii)

in the first sentence, by striking Nothing and inserting the following:

(4)

Nothing

;

(C)

in the matter preceding subparagraph (A) (as so redesignated)—

(i)

in the third sentence, by striking Such program and inserting the following:

(3)

The program under this subsection

;

(ii)

in the second sentence—

(I)

by inserting States, institutions of higher education, after scientists,; and

(II)

by striking Such strategies and technologies shall be developed and inserting the following:

(2)

Such strategies and technologies described in paragraph (1) shall be developed

; and

(iii)

in the first sentence, by striking In carrying out and inserting the following:

(1)

In carrying out

; and

(D)

by adding at the end the following:

(6)

(A)

In carrying out paragraph (3)(A) with respect to carbon dioxide, the Administrator shall carry out the activities described in each of subparagraphs (B), (C), (D), and (E).

(B)

(i)

In this subparagraph:

(I)

The term Board means the Direct Air Capture Technology Advisory Board established by clause (iii)(I).

(II)

The term dilute means a concentration of less than 1 percent by volume.

(III)

(aa)

The term direct air capture, with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air.

(bb)

The term direct air capture does not include any facility, technology, or system that captures carbon dioxide—

(AA)

that is deliberately released from a naturally occurring subsurface spring; or

(BB)

using natural photosynthesis.

(IV)

The term intellectual property means—

(aa)

an invention that is patentable under title 35, United States Code; and

(bb)

any patent on an invention described in item (aa).

(ii)

(I)

Not later than 1 year after the date of enactment of the America's Transportation Infrastructure Act of 2019, the Administrator, in consultation with the Secretary of Energy, shall establish a program to provide, and shall provide, financial awards on a competitive basis for direct air capture from media in which the concentration of carbon dioxide is dilute.

(II)

In carrying out this clause, the Administrator shall—

(aa)

subject to subclause (III), develop specific requirements for—

(AA)

the competition process; and

(BB)

the demonstration of performance of approved projects;

(bb)

offer financial awards for a project designed—

(AA)

to the maximum extent practicable, to capture more than 10,000 tons of carbon dioxide per year; and

(BB)

to operate in a manner that would be commercially viable in the foreseeable future (as determined by the Board); and

(cc)

to the maximum extent practicable, make financial awards to geographically diverse projects, including at least—

(AA)

1 project in a coastal State; and

(BB)

1 project in a rural State.

(III)

In carrying out subclause (II)(aa), the Administrator shall—

(aa)

provide notice of and, for a period of not less than 60 days, an opportunity for public comment on, any draft or proposed version of the requirements described in subclause (II)(aa); and

(bb)

take into account public comments received in developing the final version of those requirements.

(iii)

(I)

There is established an advisory board to be known as the Direct Air Capture Technology Advisory Board.

(II)

The Board shall be composed of 9 members appointed by the Administrator, who shall provide expertise in—

(aa)

climate science;

(bb)

physics;

(cc)

chemistry;

(dd)

biology;

(ee)

engineering;

(ff)

economics;

(gg)

business management; and

(hh)

such other disciplines as the Administrator determines to be necessary to achieve the purposes of this subparagraph.

(III)

(aa)

A member of the Board shall serve for a term of 6 years.

(bb)

A vacancy on the Board—

(AA)

shall not affect the powers of the Board; and

(BB)

shall be filled in the same manner as the original appointment was made.

(IV)

Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board.

(V)

The Board shall meet at the call of the Chairperson or on the request of the Administrator.

(VI)

A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings.

(VII)

The Board shall select a Chairperson and Vice Chairperson from among the members of the Board.

(VIII)

Each member of the Board may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Board.

(IX)

The Board shall advise the Administrator on carrying out the duties of the Administrator under this subparagraph.

(X)

The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board.

(iv)

(I)

As a condition of receiving a financial award under this subparagraph, an applicant shall agree to vest the intellectual property of the applicant derived from the technology in 1 or more entities that are incorporated in the United States.

(II)

The United States—

(aa)

may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to have practiced for or on behalf of the United States, in connection with any intellectual property described in subclause (I); but

(bb)

shall not, in the exercise of a license reserved under item (aa), publicly disclose proprietary information relating to the license.

(III)

Title to any intellectual property described in subclause (I) shall not be transferred or passed, except to an entity that is incorporated in the United States, until the expiration of the first patent obtained in connection with the intellectual property.

(v)

(I)

There is authorized to be appropriated to carry out this subparagraph $35,000,000, to remain available until expended.

(II)

Research carried out using amounts made available under subclause (I) may not duplicate research funded by the Department of Energy.

(vi)

The Board and all authority provided under this subparagraph shall terminate not later than 10 years after the date of enactment of the America's Transportation Infrastructure Act of 2019.

(C)

(i)

In this subparagraph, the term carbon dioxide utilization refers to technologies or approaches that lead to the use of carbon dioxide—

(I)

through the fixation of carbon dioxide through photosynthesis or chemosynthesis, such as through the growing of algae or bacteria;

(II)

through the chemical conversion of carbon dioxide to a material or chemical compound in which the carbon dioxide is securely stored; or

(III)

through the use of carbon dioxide for any other purpose for which a commercial market exists, as determined by the Administrator.

(ii)

The Administrator, in consultation with the Secretary of Energy, shall carry out a research and development program for carbon dioxide utilization to promote existing and new technologies that transform carbon dioxide generated by industrial processes into a product of commercial value, or as an input to products of commercial value.

(iii)

Not later than 2 years after the date of enactment of the America's Transportation Infrastructure Act of 2019, in carrying out this subsection, the Administrator, in consultation with the Secretary of Energy, shall support research and infrastructure activities relating to carbon dioxide utilization by providing technical assistance and financial assistance in accordance with clause (iv).

(iv)

To be eligible to receive technical assistance and financial assistance under clause (iii), a carbon dioxide utilization project shall—

(I)

have access to an emissions stream generated by a stationary source within the United States that is capable of supplying not less than 250 metric tons per day of carbon dioxide for research;

(II)

have access to adequate space for a laboratory and equipment for testing small-scale carbon dioxide utilization technologies, with onsite access to larger test bays for scale-up; and

(III)

have existing partnerships with institutions of higher education, private companies, States, or other government entities.

(v)

In supporting carbon dioxide utilization projects under this paragraph, the Administrator shall consult with the Secretary of Energy, and, as appropriate, with the head of any other relevant Federal agency, States, the private sector, and institutions of higher education to develop methods and technologies to account for the carbon dioxide emissions avoided by the carbon dioxide utilization projects.

(vi)

(I)

There is authorized to be appropriated to carry out this subparagraph $50,000,000, to remain available until expended.

(II)

Research carried out using amounts made available under subclause (I) may not duplicate research funded by the Department of Energy.

(D)

(i)

(I)

In this subparagraph, the term deep saline formation means a formation of subsurface geographically extensive sedimentary rock layers saturated with waters or brines that have a high total dissolved solids content and that are below the depth where carbon dioxide can exist in the formation as a supercritical fluid.

(II)

In this subparagraph, the term deep saline formation does not include oil and gas reservoirs.

(ii)

In consultation with the Secretary of Energy, and, as appropriate, with the head of any other relevant Federal agency and relevant stakeholders, not later than 1 year after the date of enactment of the America's Transportation Infrastructure Act of 2019, the Administrator shall prepare, submit to Congress, and make publicly available a report that includes—

(I)

a comprehensive identification of potential risks and benefits to project developers associated with increased storage of carbon dioxide captured from stationary sources in deep saline formations, using existing research;

(II)

recommendations, if any, for managing the potential risks identified under subclause (I), including potential risks unique to public land; and

(III)

recommendations, if any, for Federal legislation or other policy changes to mitigate any potential risks identified under subclause (I).

(E)

(i)

Not less frequently than once every 2 years, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes—

(I)

the recipients of assistance under subparagraphs (B) and (C); and

(II)

a plan for supporting additional nonregulatory strategies and technologies that could significantly prevent carbon dioxide emissions or reduce carbon dioxide levels in the air, in conjunction with other Federal agencies.

(ii)

The plan submitted under clause (i) shall include—

(I)

a methodology for evaluating and ranking technologies based on the ability of the technologies to cost effectively reduce carbon dioxide emissions or carbon dioxide levels in the air; and

(II)

a description of any nonair-related environmental or energy considerations regarding the technologies.

(F)

The Comptroller General of the United States shall submit to Congress a report that—

(i)

identifies all Federal grant programs in which a purpose of a grant under the program is to perform research on carbon capture and utilization technologies, including direct air capture technologies; and

(ii)

examines the extent to which the Federal grant programs identified pursuant to clause (i) overlap or are duplicative.

(b)

Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this subsection as the Administrator) shall submit to Congress a report describing how funds appropriated to the Administrator during the 5 most recent fiscal years have been used to carry out section 103 of the Clean Air Act (42 U.S.C. 7403), including a description of—

(1)

the amount of funds used to carry out specific provisions of that section; and

(2)

the practices used by the Administrator to differentiate funding used to carry out that section, as compared to funding used to carry out other provisions of law.

(c)

Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended—

(1)

in subparagraph (A)—

(A)

in the matter preceding clause (i), by inserting carbon capture, after manufacturing,;

(B)

in clause (i)(III), by striking or at the end;

(C)

by redesignating clause (ii) as clause (iii); and

(D)

by inserting after clause (i) the following:

(ii)

is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines; or

; and

(2)

by adding at the end the following:

(C)

For purposes of subparagraph (A), construction of infrastructure for carbon capture includes construction of—

(i)

any facility, technology, or system that captures, utilizes, or sequesters carbon dioxide emissions, including projects for direct air capture (as defined in paragraph (6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g)); and

(ii)

carbon dioxide pipelines.

(d)

(1)

In this subsection:

(A)

The term carbon capture, utilization, and sequestration projects includes projects for direct air capture (as defined in paragraph (6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g))).

(B)

The term efficient, orderly, and responsible means, with respect to development or the permitting process for carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, a process that is completed in an expeditious manner while maintaining environmental, health, and safety protections.

(2)

(A)

Not later than 180 days after the date of enactment of this Act, the Chair of the Council on Environmental Quality (referred to in this subsection as the Chair), in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of the Interior, the Executive Director of the Federal Permitting Improvement Council, and the head of any other relevant Federal agency (as determined by the President), shall prepare a report that—

(i)

compiles all existing relevant Federal permitting and review information and resources for project applicants, agencies, and other stakeholders interested in the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, including—

(I)

the appropriate points of interaction with Federal agencies;

(II)

clarification of the permitting responsibilities and authorities among Federal agencies; and

(III)

best practices and templates for permitting;

(ii)

inventories current or emerging activities that transform captured carbon dioxide into a product of commercial value, or as an input to products of commercial value;

(iii)

inventories existing initiatives and recent publications that analyze or identify priority carbon dioxide pipelines needed to enable efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects at increased scale;

(iv)

identifies gaps in the current Federal regulatory framework for the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and

(v)

identifies Federal financing mechanisms available to project developers.

(B)

The Chair shall—

(i)

submit the report under subparagraph (A) to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives; and

(ii)

as soon as practicable, make the report publicly available.

(3)

(A)

After submission of the report under paragraph (2)(B), but not later than 1 year after the date of enactment of this Act, the Chair shall submit guidance consistent with that report to all relevant Federal agencies that—

(i)

facilitates reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and

(ii)

supports the efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.

(B)

(i)

The guidance under subparagraph (A) shall address requirements under—

(I)

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

(II)

the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

(III)

the Clean Air Act (42 U.S.C. 7401 et seq.);

(IV)

the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

S. 2302 (116^th): America’s Transportation Infrastructure Act of 2019

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