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S. 1931: Surface Transportation Reauthorization Act of 2021


The text of the bill below is as of May 27, 2021 (Reported by Senate Committee).


II

Calendar No. 64

117th CONGRESS

1st Session

S. 1931

IN THE SENATE OF THE UNITED STATES

May 27, 2021

, from the Committee on Environment and Public Works of the Senate, reported the following original bill; which was read twice and placed on the calendar

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.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Surface Transportation Reauthorization Act of 2021.

(b)

Table of contents

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. Alaska Highway.

Sec. 1117. Toll roads, bridges, tunnels, and ferries.

Sec. 1118. Bridge investment program.

Sec. 1119. Safe routes to school.

Sec. 1120. Highway use tax evasion projects.

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

Sec. 1122. Vulnerable road user research.

Sec. 1123. Wildlife crossing safety.

Sec. 1124. Consolidation of programs.

Sec. 1125. State freight advisory committees.

Sec. 1126. Territorial and Puerto Rico highway program.

Sec. 1127. Nationally significant Federal lands and Tribal projects program.

Sec. 1128. Tribal high priority projects program.

Sec. 1129. Standards.

Sec. 1130. Public transportation.

Sec. 1131. Rural opportunities to use transportation for economic success council.

Sec. 1132. Reservation of certain funds.

Sec. 1133. Rural surface transportation grant program.

Sec. 1134. Bicycle transportation and pedestrian walkways.

Sec. 1135. Recreational trails program.

Sec. 1136. Updates to Manual on Uniform Traffic Control Devices.

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. Prioritization process pilot program.

Sec. 1205. Travel demand data and modeling.

Sec. 1206. Increasing safe and accessible transportation options.

Subtitle C—Project delivery and process improvement

Sec. 1301. Codification of 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. Preliminary engineering.

Sec. 1311. Efficient implementation of NEPA for Federal land management projects.

Sec. 1312. National Environmental Policy Act of 1969 reporting program.

Sec. 1313. Surface transportation project delivery program written agreements.

Sec. 1314. State assumption of responsibility for categorical exclusions.

Sec. 1315. Early utility relocation prior to transportation project environmental review.

Sec. 1316. Streamlining of section 4(f) reviews.

Sec. 1317. Categorical exclusion for projects of limited Federal assistance.

Sec. 1318. Certain gathering lines located on Federal land and Indian land.

Sec. 1319. Annual report.

Subtitle D—Climate change

Sec. 1401. Grants for charging and fueling infrastructure.

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

Sec. 1403. Carbon reduction program.

Sec. 1404. Congestion relief program.

Sec. 1405. Freight plans.

Sec. 1406. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program.

Sec. 1407. Healthy Streets program.

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. Study of impacts on roads from self-driving vehicles.

Sec. 1505. Disaster relief mobilization study.

Sec. 1506. Appalachian Regional Commission.

Sec. 1507. Denali Commission.

Sec. 1508. Requirements for transportation projects carried out through public-private partnerships.

Sec. 1509. Reconnecting communities pilot program.

Sec. 1510. Cybersecurity tool; cyber coordinator.

Sec. 1511. Report on emerging alternative fuel vehicles and infrastructure.

Sec. 1512. Nonhighway recreational fuel study.

Sec. 1513. Buy America.

Sec. 1514. High priority corridors on the National Highway System.

Sec. 1515. Interstate weight limits.

Sec. 1516. Report on air quality improvements.

Sec. 1517. Roadside highway safety hardware.

Sec. 1518. Permeable pavements study.

Sec. 1519. Emergency relief projects.

Sec. 1520. Study on stormwater best management practices.

Sec. 1521. Stormwater best management practices reports.

Sec. 1522. Invasive plant elimination program.

Sec. 1523. Over-the-road bus tolling equity.

Sec. 1524. Bridge terminology.

Sec. 1525. Technical corrections.

Sec. 1526. Working group on covered resources.

Sec. 1527. Blood transport vehicles.

Sec. 1528. Pollinator-friendly practices on roadsides and highway rights-of-way.

Sec. 1529. Active transportation infrastructure investment program.

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. Strategic innovation for revenue collection.

Sec. 3002. National motor vehicle per-mile user fee pilot.

Sec. 3003. Performance management data support program.

Sec. 3004. Data integration pilot program.

Sec. 3005. Emerging technology research pilot program.

Sec. 3006. Research and technology development and deployment.

Sec. 3007. Workforce development, training, and education.

Sec. 3008. Wildlife-vehicle collision research.

Sec. 3009. Transportation Resilience and Adaptation Centers of Excellence.

Sec. 3010. Transportation access pilot program.

TITLE IV—Indian Affairs

Sec. 4001. Definition of Secretary.

Sec. 4002. Environmental reviews for certain tribal transportation facilities.

Sec. 4003. Programmatic agreements for tribal categorical exclusions.

Sec. 4004. Use of certain tribal transportation funds.

Sec. 4005. Bureau of Indian Affairs road maintenance program.

Sec. 4006. Study of road maintenance on Indian land.

Sec. 4007. Maintenance of certain Indian reservation roads.

Sec. 4008. Tribal transportation safety needs.

Sec. 4009. Office of Tribal Government Affairs.

2.

Definitions

In this Act:

(1)

Department

The term Department means the Department of Transportation.

(2)

Secretary

The term Secretary means the Secretary of Transportation.

3.

Effective date

This Act and the amendments made by this Act take effect on October 1, 2021.

I

Federal-aid highways

A

Authorizations and programs

1101.

Authorization of appropriations

(a)

In general

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

(1)

Federal-aid highway program

For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, the national highway freight program under section 167 of that title, the carbon reduction program under section 175 of that title, to carry out subsection (c) of the PROTECT program under section 176 of that title, and to carry out section 134 of that title—

(A)

$52,488,065,375 for fiscal year 2022;

(B)

$53,537,826,683 for fiscal year 2023;

(C)

$54,608,583,217 for fiscal year 2024;

(D)

$55,700,754,881 for fiscal year 2025; and

(E)

$56,814,769,844 for fiscal year 2026.

(2)

Transportation infrastructure finance and innovation program

For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $250,000,000 for each of fiscal years 2022 through 2026.

(3)

Federal lands and tribal transportation programs

(A)

Tribal transportation program

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

(i)

$578,460,000 for fiscal year 2022;

(ii)

$589,960,000 for fiscal year 2023;

(iii)

$602,460,000 for fiscal year 2024;

(iv)

$612,960,000 for fiscal year 2025; and

(v)

$627,960,000 for fiscal year 2026.

(B)

Federal lands transportation program

(i)

In general

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

(I)

$421,965,000 for fiscal year 2022;

(II)

$429,965,000 for fiscal year 2023;

(III)

$438,965,000 for fiscal year 2024;

(IV)

$447,965,000 for fiscal year 2025; and

(V)

$455,965,000 for fiscal year 2026.

(ii)

Allocation

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

(I)

the amount for the National Park Service is—

(aa)

$332,427,450 for fiscal year 2022;

(bb)

$338,867,450 for fiscal year 2023;

(cc)

$346,237,450 for fiscal year 2024;

(dd)

$353,607,450 for fiscal year 2025; and

(ee)

$360,047,450 for fiscal year 2026;

(II)

the amount for the United States Fish and Wildlife Service is $36,000,000 for each of fiscal years 2022 through 2026; and

(III)

the amount for the Forest Service is—

(aa)

$24,000,000 for fiscal year 2022;

(bb)

$25,000,000 for fiscal year 2023;

(cc)

$26,000,000 for fiscal year 2024;

(dd)

$27,000,000 for fiscal year 2025; and

(ee)

$28,000,000 for fiscal year 2026.

(C)

Federal lands access program

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

(i)

$285,975,000 for fiscal year 2022;

(ii)

$291,975,000 for fiscal year 2023;

(iii)

$296,975,000 for fiscal year 2024;

(iv)

$303,975,000 for fiscal year 2025; and

(v)

$308,975,000 for fiscal year 2026.

(4)

Territorial and puerto rico highway program

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

(A)

$219,000,000 for fiscal year 2022;

(B)

$224,000,000 for fiscal year 2023;

(C)

$228,000,000 for fiscal year 2024;

(D)

$232,500,000 for fiscal year 2025; and

(E)

$237,000,000 for fiscal year 2026.

(5)

Nationally significant freight and highway projects

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

(A)

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

(B)

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

(C)

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

(D)

$900,000,000 for fiscal year 2025; and

(E)

$900,000,000 for fiscal year 2026.

(b)

Other programs

(1)

In general

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

(A)

Bridge investment program

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

(i)

$600,000,000 for fiscal year 2022;

(ii)

$640,000,000 for fiscal year 2023;

(iii)

$650,000,000 for fiscal year 2024;

(iv)

$675,000,000 for fiscal year 2025; and

(v)

$700,000,000 for fiscal year 2026.

(B)

Congestion relief program

To carry out the congestion relief program under section 129(d) of title 23, United States Code, $50,000,000 for each of fiscal years 2022 through 2026.

(C)

Charging and fueling infrastructure grants

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

(i)

$300,000,000 for fiscal year 2022;

(ii)

$400,000,000 for fiscal year 2023;

(iii)

$500,000,000 for fiscal year 2024;

(iv)

$600,000,000 for fiscal year 2025; and

(v)

$700,000,000 for fiscal year 2026.

(D)

Rural surface transportation grant program

To carry out the rural surface transportation grant program under section 173 of title 23, United States Code—

(i)

$300,000,000 for fiscal year 2022;

(ii)

$350,000,000 for fiscal year 2023;

(iii)

$400,000,000 for fiscal year 2024;

(iv)

$450,000,000 for fiscal year 2025; and

(v)

$500,000,000 for fiscal year 2026.

(E)

PROTECT grants

(i)

In general

To carry out subsection (d) of the PROTECT program under section 176 of title 23, United States Code, for each of fiscal years 2022 through 2026—

(I)

$250,000,000 for fiscal year 2022;

(II)

$250,000,000 for fiscal year 2023;

(III)

$300,000,000 for fiscal year 2024;

(IV)

$300,000,000 for fiscal year 2025; and

(V)

$300,000,000 for fiscal year 2026.

(ii)

Allocation

Of the amounts made available under clause (i)—

(I)

for planning grants under paragraph (3) of that subsection—

(aa)

$25,000,000 for fiscal year 2022;

(bb)

$25,000,000 for fiscal year 2023;

(cc)

$30,000,000 for fiscal year 2024;

(dd)

$30,000,000 for fiscal year 2025; and

(ee)

$30,000,000 for fiscal year 2026;

(II)

for resilience improvement grants under paragraph (4)(A) of that subsection—

(aa)

$175,000,000 for fiscal year 2022;

(bb)

$175,000,000 for fiscal year 2023;

(cc)

$210,000,000 for fiscal year 2024;

(dd)

$210,000,000 for fiscal year 2025; and

(ee)

$210,000,000 for fiscal year 2026;

(III)

for community resilience and evacuation route grants under paragraph (4)(B) of that subsection—

(aa)

$25,000,000 for fiscal year 2022;

(bb)

$25,000,000 for fiscal year 2023;

(cc)

$30,000,000 for fiscal year 2024;

(dd)

$30,000,000 for fiscal year 2025; and

(ee)

$30,000,000 for fiscal year 2026; and

(IV)

for at-risk coastal infrastructure grants under paragraph (4)(C) of that subsection—

(aa)

$25,000,000 for fiscal year 2022;

(bb)

$25,000,000 for fiscal year 2023;

(cc)

$30,000,000 for fiscal year 2024;

(dd)

$30,000,000 for fiscal year 2025; and

(ee)

$30,000,000 for fiscal year 2026.

(F)

Reduction of truck emissions at port facilities

(i)

In general

To carry out the reduction of truck emissions at port facilities under section 1402, $50,000,000 for each of fiscal years 2022 through 2026.

(ii)

Treatment

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.

(G)

Nationally significant Federal lands and Tribal projects

(i)

In general

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), $55,000,000 for each of fiscal years 2022 through 2026.

(ii)

Treatment

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)

General fund

(A)

Bridge investment program

(i)

In general

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 2022;

(II)

$640,000,000 for fiscal year 2023;

(III)

$650,000,000 for fiscal year 2024;

(IV)

$675,000,000 for fiscal year 2025; and

(V)

$700,000,000 for fiscal year 2026.

(ii)

Allocation

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

(B)

Nationally significant Federal lands and Tribal projects program

In addition to amounts made available under paragraph (1)(G), 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) $300,000,000 for each of fiscal years 2022 through 2026.

(C)

Healthy Streets program

There is authorized to be appropriated to carry out the Healthy Streets program under section 1407 $100,000,000 for each of fiscal years 2022 through 2026.

(D)

Transportation Resilience and Adaptation Centers of Excellence

There is authorized to be appropriated to carry out section 520 of title 23, United States Code, $100,000,000 for each of fiscal years 2022 through 2026.

(E)

Open challenge and research proposal pilot program

There is authorized to be appropriated to carry out the open challenge and research proposal pilot program under section 3006(e) $15,000,000 for each of fiscal years 2022 through 2026.

(c)

Research, technology, and education authorizations

(1)

In general

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

(A)

Highway research and development program

To carry out section 503(b) of title 23, United States Code, $147,000,000 for each of fiscal years 2022 through 2026.

(B)

Technology and innovation deployment program

To carry out section 503(c) of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026.

(C)

Training and education

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

(i)

$25,000,000 for fiscal year 2022;

(ii)

$25,250,000 for fiscal year 2023;

(iii)

$25,500,000 for fiscal year 2024;

(iv)

$25,750,000 for fiscal year 2025; and

(v)

$26,000,000 for fiscal year 2026.

(D)

Intelligent transportation systems program

To carry out sections 512 through 518 of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026.

(E)

University transportation centers program

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

(i)

$80,000,000 for fiscal year 2022;

(ii)

$80,500,000 for fiscal year 2023;

(iii)

$81,000,000 for fiscal year 2024;

(iv)

$81,500,000 for fiscal year 2025; and

(v)

$82,000,000 for fiscal year 2026.

(F)

Bureau of transportation statistics

To carry out chapter 63 of title 49, United States Code—

(i)

$26,000,000 for fiscal year 2022;

(ii)

$26,250,000 for fiscal year 2023;

(iii)

$26,500,000 for fiscal year 2024;

(iv)

$26,750,000 for fiscal year 2025; and

(v)

$27,000,000 for fiscal year 2026.

(2)

Administration

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)

Applicability of title 23, United States Code

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)

Pilot programs

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

(1)

Wildlife crossings pilot program

For the wildlife crossings pilot program under section 171 of title 23, United States Code—

(A)

$60,000,000 for fiscal year 2022;

(B)

$65,000,000 for fiscal year 2023;

(C)

$70,000,000 for fiscal year 2024;

(D)

$75,000,000 for fiscal year 2025; and

(E)

$80,000,000 for fiscal year 2026.

(2)

Prioritization process pilot program

(A)

In general

For the prioritization process pilot program under section 1204, $10,000,000 for each of fiscal years 2022 through 2026.

(B)

Treatment

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)

Reconnecting communities pilot program

(A)

Planning grants

For planning grants under the reconnecting communities pilot program under section 1509(c), $30,000,000 for each of fiscal years 2022 through 2026.

(B)

Capital construction grants

For capital construction grants under the reconnecting communities pilot program under section 1509(d)—

(i)

$65,000,000 for fiscal year 2022;

(ii)

$68,000,000 for fiscal year 2023;

(iii)

$70,000,000 for fiscal year 2024;

(iv)

$72,000,000 for fiscal year 2025; and

(v)

$75,000,000 for fiscal year 2026.

(C)

Treatment

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.

(e)

Disadvantaged business enterprises

(1)

Findings

Congress finds that—

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(2)

Definitions

In this subsection:

(A)

Small business concern

(i)

In general

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

(ii)

Exclusions

The term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary for inflation.

(B)

Socially and economically disadvantaged individuals

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

(3)

Amounts for small business concerns

Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under this Act (other than section 4004) and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.

(4)

Annual listing of disadvantaged business enterprises

Each State shall annually—

(A)

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

(B)

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

(i)

women;

(ii)

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

(iii)

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

(5)

Uniform certification

(A)

In general

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

(B)

Inclusions

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

(i)

on-site visits;

(ii)

personal interviews with personnel;

(iii)

issuance or inspection of licenses;

(iv)

analyses of stock ownership;

(v)

listings of equipment;

(vi)

analyses of bonding capacity;

(vii)

listings of work completed;

(viii)

examination of the resumes of principal owners;

(ix)

analyses of financial capacity; and

(x)

analyses of the type of work preferred.

(6)

Reporting

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

(A)

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

(B)

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

(7)

Compliance with court orders

Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional.

(8)

Sense of congress on prompt payment of DBE subcontractors

It is the sense of Congress that—

(A)

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

(B)

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

1102.

Obligation ceiling

(a)

General limitation

Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed—

(1)

$57,473,430,072 for fiscal year 2022;

(2)

$58,764,510,674 for fiscal year 2023;

(3)

$60,095,782,888 for fiscal year 2024;

(4)

$61,314,170,545 for fiscal year 2025; and

(5)

$62,657,105,821 for fiscal year 2026.

(b)

Exceptions

The limitations under subsection (a) shall not apply to obligations under or for—

(1)

section 125 of title 23, United States Code;

(2)

section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);

(3)

section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);

(4)

subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);

(5)

subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);

(6)

sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027);

(7)

section 157 of title 23, United States Code (as in effect on June 8, 1998);

(8)

section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);

(9)

Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;

(10)

section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years);

(11)

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

(12)

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

(13)

section 119 of title 23, United States Code (as in effect for fiscal years 2016 through 2021, 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 2022 through 2026, only in an amount equal to $639,000,000 for each of those fiscal years).

(c)

Distribution of obligation authority

For each of fiscal years 2022 through 2026, 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 175, 176(c), 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 section 175, 176(c), 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 175, 176(c), 202, and 204 of that title) in the proportion that—

(A)

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

(B)

the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year.

(d)

Redistribution of unused obligation authority

Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2022 through 2026—

(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)

Applicability of obligation limitations to transportation research programs

(1)

In general

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

(2)

Exception

Obligation authority made available under paragraph (1) shall—

(A)

remain available for a period of 4 fiscal years; and

(B)

be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

(f)

Redistribution of certain authorized funds

(1)

In general

Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2022 through 2026, 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 sections 175, 176(c), and 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year.

(2)

Ratio

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

(3)

Availability

Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.

1103.

Definitions

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

(1)

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)

Natural infrastructure

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)

Resilience

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 or duration of impacts of a disruptive weather event or natural disaster on 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.

Apportionment

(a)

Administrative expenses

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

(A)

$490,964,697 for fiscal year 2022;

(B)

$500,783,991 for fiscal year 2023;

(C)

$510,799,671 for fiscal year 2024;

(D)

$521,015,664 for fiscal year 2025; and

(E)

$531,435,977 for fiscal year 2026.

.

(b)

Division among programs of State share

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

(1)

in the matter preceding paragraph (1), by inserting the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, before and to carry out section 134;

(2)

in paragraph (1), by striking 63.7 percent and inserting 59.0771195921461 percent;

(3)

in paragraph (2), by striking 29.3 percent and inserting 28.7402203421251 percent;

(4)

in paragraph (3), by striking 7 percent and inserting 6.70605141316253 percent;

(5)

by striking paragraph (4) and inserting the following:

(4)

Congestion mitigation and air quality improvement program

(A)

In general

For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs (B) and (C).

(B)

Total amount

The total amount for the congestion mitigation and air quality improvement program for all States shall be—

(i)

$2,536,490,803 for fiscal year 2022;

(ii)

$2,587,220,620 for fiscal year 2023;

(iii)

$2,638,965,032 for fiscal year 2024;

(iv)

$2,691,744,332 for fiscal year 2025; and

(v)

$2,745,579,213 for fiscal year 2026.

(C)

State share

For each fiscal year, the Secretary shall distribute among the States the total amount for the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives an amount equal to the proportion that—

(i)

the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to

(ii)

the total amount of funds apportioned to all States for that program for fiscal year 2020.

;

(6)

in paragraph (5)—

(A)

by striking subparagraph (B) and inserting the following:

(B)

Total amount

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

(i)

$1,373,932,519 for fiscal year 2022;

(ii)

$1,401,411,169 for fiscal year 2023;

(iii)

$1,429,439,392 for fiscal year 2024;

(iv)

$1,458,028,180 for fiscal year 2025; and

(v)

$1,487,188,740 for fiscal year 2026.

; and

(B)

by striking subparagraph (D); and

(7)

by striking paragraph (6) and inserting the following:

(6)

Metropolitan planning

(A)

In general

To carry out section 134, an amount determined for the State under subparagraphs (B) and (C).

(B)

Total amount

The total amount for metropolitan planning for all States shall be—

(i)

$ 438,121,139 for fiscal year 2022;

(ii)

$446,883,562 for fiscal year 2023;

(iii)

$455,821,233 for fiscal year 2024;

(iv)

$464,937,657 for fiscal year 2025; and

(v)

$474,236,409 for fiscal year 2026.

(C)

State share

For each fiscal year, the Secretary shall distribute among the States the total amount to carry out section 134 under subparagraph (B) so that each State receives an amount equal to the proportion that—

(i)

the amount apportioned to the State to carry out section 134 for fiscal year 2020; bears to

(ii)

the total amount of funds apportioned to all States to carry out section 134 for fiscal year 2020.

(7)

Carbon reduction program

For the carbon reduction program under section 175, 2.56266964565637 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).

(8)

PROTECT formula program

To carry out subsection (c) of the PROTECT program under section 176, 2.91393900690991 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).

.

(c)

Calculation of amounts

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 2022 and each fiscal year thereafter;

(B)

in subparagraph (A)—

(i)

by striking clause (i) and inserting the following:

(i)

the base apportionment; by

; and

(ii)

in clause (ii)(I), by striking fiscal year 2015 and inserting fiscal year 2021; and

(C)

by striking subparagraph (B) and inserting the following:

(B)

Guaranteed amounts

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 2021; and

(iii)

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

; and

(2)

in paragraph (2)—

(A)

by striking fiscal years 2016 through 2020 and inserting fiscal year 2022 and each fiscal year thereafter; and

(B)

by inserting the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, before and to carry out section 134.

(d)

Metropolitan planning

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

(e)

Supplemental funds

Section 104 of title 23, United States Code, is amended by striking subsection (h).

(f)

Base apportionment defined

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

(1)

by redesignating subsection (i) as subsection (h); and

(2)

in subsection (h) (as so redesignated)—

(A)

by striking means in the matter preceding paragraph (1) and all that follows through the combined amount in paragraph (1) and inserting means the combined amount;

(B)

by striking and to carry out section 134; minus and inserting the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134.; and

(C)

by striking paragraph (2).

1105.

National highway performance program

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 activities to increase the resiliency of the National Highway System to mitigate the cost of damages from sea level rise, extreme weather events, flooding, or other natural disasters.

;

(2)

in subsection (d)(2), by adding at the end the following:

(Q)

Undergrounding public utility infrastructure carried out in conjunction with a project otherwise eligible under this section.

(R)

Resiliency improvements on the National Highway System, including protective features described in subsection (k)(2).

(S)

Implement activities to protect segments of the National Highway System from cybersecurity threats.

;

(3)

in subsection (e)(4)(D), by striking analysis and inserting analyses, both of which shall take into consideration extreme weather and resilience; and

(4)

by adding at the end the following:

(k)

Protective features

(1)

In general

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 not on 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)

Protective features described

A protective feature referred to in paragraph (1) includes—

(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)

lengthening or raising bridges to increase waterway openings;

(F)

increasing the size or number of drainage structures;

(G)

replacing culverts with bridges or upsizing culverts;

(H)

installing seismic retrofits on bridges;

(I)

adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and

(J)

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.

(3)

Savings provision

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.

Emergency relief

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

(1)

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

(2)

by striking subsection (b) and inserting the following:

(b)

Restriction on eligibility

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 State 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 that will mitigate the risk of recurring damage from extreme weather, flooding, and other natural disasters.

;

(B)

by redesignating paragraph (3) as paragraph (4); and

(C)

by inserting after paragraph (2) the following:

(3)

Protective features

(A)

In general

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 will mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters.

(B)

Protective features described

A protective feature referred to in subparagraph (A) includes—

(i)

raising roadway grades;

(ii)

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

(iii)

stabilizing slide areas;

(iv)

stabilizing slopes;

(v)

lengthening or raising bridges to increase waterway openings;

(vi)

increasing the size or number of drainage structures;

(vii)

replacing culverts with bridges or upsizing culverts;

(viii)

installing seismic retrofits on bridges;

(ix)

adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and

(x)

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

.

1107.

Federal share payable

Section 120 of title 23, United States Code, is amended—

(1)

in subsection (c)—

(A)

in paragraph (1), in the first sentence, by inserting vehicle-to-infrastructure communication equipment, after breakaway utility poles, ;

(B)

in subparagraph (3)(B)—

(i)

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

(ii)

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

(iii)

by inserting after clause (v) the following:

(vi)

contractual provisions that provide safety contingency funds to incorporate safety enhancements to work zones prior to or during roadway construction activities; or

; and

(C)

by adding at the end the following:

(4)

Pooled funding

Notwithstanding any other provision of law, the Secretary may waive the non-Federal share of the cost of a project or activity under section 502(b)(6) that is carried out with amounts apportioned under section 104(b)(2) after considering appropriate factors, including whether—

(A)

decreasing or eliminating the non-Federal share would best serve the interests of the Federal-aid highway program; and

(B)

the project or activity addresses national or regional high priority research, development, and technology transfer problems in a manner that would benefit multiple States or metropolitan planning organizations.

;

(2)

in subsection (e)—

(A)

in paragraph (1), by striking 180 days and inserting 270 days; and

(B)

in paragraph (4), by striking permanent; and

(3)

by adding at the end the following:

(l)

Federal share flexibility pilot program

(1)

Establishment

Not later than 180 days after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a pilot program (referred to in this subsection as the pilot program) to give States additional flexibility with respect to the Federal requirements under this section.

(2)

Program

(A)

In general

Notwithstanding any other provision of law, a State participating in the pilot program (referred to in this subsection as a participating State) may determine the Federal share on a project, multiple-project, or program basis for projects under any of the following:

(i)

The national highway performance program under section 119.

(ii)

The surface transportation block grant program under section 133.

(iii)

The highway safety improvement program under section 148.

(iv)

The congestion mitigation and air quality improvement program under section 149.

(v)

The national highway freight program under section 167.

(vi)

The carbon reduction program under section 175.

(vii)

Subsection (c) of the PROTECT program under section 176.

(B)

Requirements

(i)

Maximum Federal share

Subject to clause (iii), the Federal share of the cost of an individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program may be up to 100 percent.

(ii)

Minimum Federal share

No individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program shall have a Federal share of 0 percent.

(iii)

Determination

The average annual Federal share of the total cost of all projects authorized under a program described in subparagraph (A) to which a participating State is applying the Federal share requirements under the pilot program shall be not more than the average of the maximum Federal share of those projects if those projects were not carried out under the pilot program.

(C)

Selection

(i)

Application

A State seeking to be a participating State shall—

(I)

submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require; and

(II)

have in place adequate financial controls to allow the State to determine the average annual Federal share requirements under the pilot program.

(ii)

Requirement

For each of fiscal years 2022 through 2026, the Secretary shall select not more than 10 States to be participating States.

.

1108.

Railway-highway grade crossings

(a)

In general

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 and the installation of protective devices at railway-highway crossings in the matter preceding clause (i) and all that follows through 2020. in clause (v) and inserting the following: , the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026.; and

(B)

by striking subparagraph (B) and inserting the following:

(B)

Reducing trespassing fatalities and injuries

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

.

(b)

Federal share

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

(c)

Incentive payments for at-grade crossing closures

Section 130(i)(3)(B) of title 23, United States Code, is amended by striking $7,500 and inserting $100,000.

(d)

Expenditure of funds

Section 130(k) of title 23, United States Code, is amended by striking 2 percent and inserting 8 percent.

(e)

GAO study

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.

(f)

Sense of Congress relating to trespasser deaths along railroad rights-of-way

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.

Surface transportation block grant program

(a)

In general

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), (20), (21), and (22), respectively;

(D)

in paragraph (5) (as so redesignated), by striking railway-highway grade crossings and inserting projects eligible under section 130 and installation of safety barriers and nets on bridges;

(E)

in paragraph (7) (as so redesignated)—

(i)

by inserting including the maintenance and restoration of existing recreational trails, after section 206; and

(ii)

by striking the safe routes to school program under section 1404 of SAFETEA–LU (23 U.S.C. 402 note) and inserting the safe routes to school program under section 208;

(F)

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.

(15)

The installation of electric vehicle charging infrastructure and vehicle-to-grid infrastructure.

(16)

The installation and deployment of current and emerging intelligent transportation technologies, including the ability of vehicles to communicate with infrastructure, buildings, and other road users.

(17)

Planning and construction of projects that facilitate intermodal connections between emerging transportation technologies, such as magnetic levitation and hyperloop.

(18)

Protective features, including natural infrastructure, to enhance the resilience of a transportation facility otherwise eligible for assistance under this section.

(19)

Measures to protect a transportation facility otherwise eligible for assistance under this section from cybersecurity threats.

; and

(G)

by adding at the end the following:

(23)

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

(24)

Projects to enhance travel and tourism.

;

(2)

in subsection (c)—

(A)

in paragraph (2), by striking paragraphs (4) through (11) and inserting paragraphs (5) through (15) and paragraph (23);

(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)—

(i)

in the matter preceding subparagraph (A), by striking reservation and inserting set aside; and

(ii)

in subparagraph (A)—

(I)

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 2022 through 2026; and

(II)

by striking clauses (ii) and (iii) and inserting the following:

(ii)

in urbanized areas of the State with an urbanized area population of not less than 50,000 and not more than 200,000;

(iii)

in urban areas of the State with a population not less than 5,000 and not more than 49,999; and

(iv)

in other areas of the State with a population less than 5,000; and

;

(B)

by striking paragraph (3) and inserting the following:

(3)

Local consultation

(A)

Consultation with metropolitan planning organizations

For purposes of clause (ii) of paragraph (1)(A), a State shall—

(i)

establish a process to consult with all metropolitan planning organizations in the State that represent an urbanized area described in that clause; and

(ii)

describe how funds allocated for areas described in that clause will be allocated equitably among the applicable urbanized areas during the period of fiscal years 2022 through 2026.

(B)

Consultation with regional transportation planning organizations

For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.

; and

(C)

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 2022 through 2026;

(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)—

(i)

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

(ii)

by striking 15 percent and inserting 20 percent; 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)—

(A)

in the subsection heading, by striking less than 5,000 and inserting less than 50,000; and

(B)

by striking paragraph (1) and inserting the following:

(1)

In general

Notwithstanding subsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under clauses (iii) and (iv) of subsection (d)(1)(A) for each fiscal year may be obligated on—

(A)

roads functionally classified as rural minor collectors or local roads; or

(B)

on critical rural freight corridors designated under section 167(e).

; and

(7)

by adding at the end the following:

(j)

Rural barge landing, dock, and waterfront infrastructure projects

(1)

In general

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)

Eligible projects

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)) that is off the road system.

(k)

Projects in rural areas

(1)

Set aside

Notwithstanding subsection (c), in addition to the activities described in subsections (b) and (g), of the amounts apportioned to a State for each fiscal year to carry out this section, not more than 15 percent may be—

(A)

used on eligible projects under subsection (b) or maintenance activities on roads functionally classified as rural minor collectors or local roads, ice roads, or seasonal roads; or

(B)

transferred to—

(i)

the Appalachian Highway System Program under 14501 of title 40; or

(ii)

the Denali access system program under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277).

(2)

Savings clause

Amounts allocated under subsection (d) shall not be used to carry out this subsection, except at the request of the applicable metropolitan planning organization.

.

(b)

Set-aside

(1)

In general

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

(A)

in paragraph (1)—

(i)

in the heading, by striking Reservation of funds and inserting In general; and

(ii)

in the matter preceding subparagraph (A), by striking for each fiscal year and all that follows through and at the end of subparagraph (A)(ii) and inserting the following: “for fiscal year 2022 and each fiscal year thereafter—

(A)

the Secretary shall set aside an amount equal to 10 percent to carry out this subsection; and

;

(B)

by striking paragraph (2) and inserting the following:

(2)

Allocation within a State

(A)

In general

Except as provided in subparagraph (B), funds set aside 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 fiscal year 2022 and each fiscal year thereafter, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 59 percent; and

(ii)

paragraph (3) of subsection (d) shall not apply.

(B)

Local control

A State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) if—

(i)

the State submits to the Secretary a plan that describes—

(I)

how funds will be allocated to counties, metropolitan planning organizations, regional transportation planning organizations as described in section 135(m), or local governments;

(II)

how the entities described in subclause (I) will carry out a competitive process to select projects for funding and report selected projects to the State;

(III)

the legal, financial, and technical capacity of the entities described in subclause (I);

(IV)

how input was gathered from the entities described in subclause (I) to ensure those entities will be able to comply with the requirements of this subsection; and

(V)

how the State will comply with paragraph (8); and

(ii)

the Secretary approves the plan submitted under clause (i).

;

(C)

by striking paragraph (3) and inserting the following:

(3)

Eligible projects

Funds set aside under this subsection may be obligated for—

(A)

projects or activities described in section 101(a)(29) or 213, as those provisions were in effect on the day before the date of enactment of the FAST Act (Public Law 114–94; 129 Stat. 1312);

(B)

projects and activities under the safe routes to school program under section 208; and

(C)

activities in furtherance of a vulnerable road user safety assessment (as defined in section 148(a)).

;

(D)

in paragraph (4)—

(i)

by striking subparagraph (A);

(ii)

by redesignating subparagraph (B) as subparagraph (A);

(iii)

in subparagraph (A) (as so redesignated)—

(I)

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

(II)

by inserting after clause (vi) the following:

(vii)

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

;

(III)

in clause (viii) (as so redesignated), by striking responsible and all that follows through programs; and and inserting a semicolon;

(IV)

in clause (ix) (as so redesignated)—

(aa)

by inserting that serves an urbanized area with a population of over 200,000 after metropolitan planning organization; and

(bb)

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

(V)

by adding at the end the following:

(x)

a State, at the request of an entity described in clauses (i) through (ix).

; and

(iv)

by adding at the end the following:

(B)

Competitive process

A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection.

(C)

Selection

A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under the competitive process described in subparagraph (B) in consultation with the relevant State.

(D)

Prioritization

The competitive process described in subparagraph (B) shall include prioritization of project location and impact in high-need areas as defined by the State, such as low-income, transit-dependent, rural, or other areas.

;

(E)

in paragraph (5)(A), by striking reserved under this section and inserting set aside under this subsection;

(F)

in paragraph (6)—

(i)

in subparagraph (B), by striking reserved and inserting set aside; and

(ii)

by adding at the end the following:

(C)

Improving accessibility and efficiency

(i)

In general

A State may use an amount equal to not more than 5 percent of the funds set aside 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 providing—

(I)

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)

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

(ii)

Use of funds

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.

;

(G)

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

(H)

by inserting after paragraph (6) the following:

(7)

Federal share

(A)

Required aggregate non-Federal share

The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the average non-Federal share of the cost of the projects that would otherwise apply.

(B)

Flexible financing

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 under this subsection if the project—

(I)

is an eligible project described in section 148(e)(1); and

(II)

is consistent with the State strategic highway safety plan (as defined in section 148(a));

(ii)

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

(iii)

the Federal share of the cost of an individual project in this section may be up to 100 percent.

(C)

Requirement

Subparagraph (B) shall only apply to a State if the State has adequate financial controls, as certified by the Secretary, to account for the average annual non-Federal share under this paragraph.

; and

(I)

in subparagraph (A) of paragraph (8) (as so redesignated)—

(i)

in the matter preceding clause (i), by striking describes and inserting includes; and

(ii)

by striking clause (ii) and inserting the following:

(ii)

a list of each project selected for funding for each fiscal year, including, for each project—

(I)

the fiscal year during which the project was selected;

(II)

the fiscal year in which the project is anticipated to be funded;

(III)

the recipient;

(IV)

the location, including the congressional district;

(V)

the type;

(VI)

the cost; and

(VII)

a brief description.

.

(2)

State transferability

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

(A)

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

(B)

by striking reserved for a State under section 133(h) for a fiscal year may and inserting the following: “set aside for a State under section 133(h) for a fiscal year—

(A)

may

; and

(C)

by adding at the end the following:

(B)

may only be transferred if the Secretary certifies that the State—

(i)

held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply;

(ii)

offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and

(iii)

demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred.

.

1110.

Nationally significant freight and highway projects

(a)

In general

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)

Grant administration

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 (c)(1)—

(A)

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

(B)

by inserting after subparagraph (G) the following:

(H)

A multistate corridor organization.

;

(4)

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

(iii)

by adding at the end the following:

(v)

a wildlife crossing project;

(vi)

a surface transportation infrastructure project that—

(I)

is located within the boundaries of or functionally connected to an international border crossing area in the United States;

(II)

improves a transportation facility owned by a Federal, State, or local government entity; and

(III)

increases throughput efficiency of the border crossing described in subclause (I), including—

(aa)

a project to add lanes;

(bb)

a project to add technology; and

(cc)

other surface transportation improvements; or

(vii)

a project for a marine highway corridor designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor), 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

; 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 2022 through 2026; and

(5)

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)

Requirement

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)).

;

(6)

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 a semicolon; 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;

(5)

whether the project will improve the shared transportation corridor of a multistate corridor organization, if applicable; and

(6)

prioritizing projects located in States in which neither the State nor an eligible entity in that State has been awarded a grant under this section.

;

(7)

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

(8)

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)

Federal assistance

(1)

Federal share

(A)

In general

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)

Small projects

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

;

(9)

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

(10)

by inserting after subsection (j) the following:

(k)

Efficient use of non-Federal funds

(1)

In general

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)

Requirements

(A)

Application

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)

Approval

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

(C)

Compliance with applicable requirements

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)

Effect

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 the 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).

;

(11)

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

(o)

Applicant notification

(1)

In general

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)

Inclusion

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)

Response

(A)

In general

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)

Debrief

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

(12)

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

(p)

Reports

(1)

Annual report

(A)

In general

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)

Inclusions

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

(C)

Availability

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

(D)

Applicability

This paragraph applies to all projects described in subparagraph (A) that the Secretary selects on or after October 1, 2021.

(2)

Comptroller general

(A)

Assessment

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

(B)

Report

Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 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)

Inspector general

Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 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)

State incentives pilot program

(1)

Establishment

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)

Priority

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)

Federal share

(A)

In general

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)

No federal involvement

(i)

In general

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)

Exception

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)

Reservation

(A)

In general

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)

Unutilized amounts

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)

Set-asides

(A)

Small projects

(i)

In general

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)

Requirement

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)

Rural projects

(i)

In general

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)

Requirement

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

(6)

Report to congress

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.

(r)

Multistate corridor organization defined

For purposes of this section, the term multistate corridor organization means an organization of a group of States developed through cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor.

.

(b)

Efficient use of non-Federal funds

(1)

In general

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)

Grant described

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.

Highway safety improvement program

(a)

In general

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

(1)

in subsection (a)—

(A)

in paragraph (4)(B)—

(i)

in clause (i), by inserting that provides for the safety of all road users, as appropriate, including a multimodal roundabout after improvement;

(ii)

in clause (vi), by inserting or a grade separation project after devices;

(iii)

by striking clause (viii) and inserting the following:

(viii)

Construction or installation of features, measures, and road designs to calm traffic and reduce vehicle speeds.

;

(iv)

by striking clause (xxvi) and inserting the following:

(xxvi)

Installation or upgrades of traffic control devices for pedestrians and bicyclists, including pedestrian hybrid beacons and the addition of bicycle movement phases to traffic signals.

; and

(v)

by striking clauses (xxvii) and (xxviii) and inserting the following:

(xxvii)

Roadway improvements that provide separation between pedestrians and motor vehicles or between bicyclists and motor vehicles, including medians, pedestrian crossing islands, protected bike lanes, and protected intersection features.

(xxviii)

A pedestrian security feature designed to slow or stop a motor vehicle.

(xxix)

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

;

(B)

by redesignating paragraphs (9) through (12) as paragraphs (10), (12), (13), and (14), respectively;

(C)

by inserting after paragraph (8) the following:

(9)

Safe system approach

The term safe system approach means a roadway design—

(A)

that emphasizes minimizing the risk of injury or fatality to road users; and

(B)

that—

(i)

takes into consideration the possibility and likelihood of human error;

(ii)

accommodates human injury tolerance by taking into consideration likely accident types, resulting impact forces, and the ability of the human body to withstand impact forces; and

(iii)

takes into consideration vulnerable road users.

;

(D)

by inserting after paragraph (10) (as so redesignated) the following:

(11)

Specified safety project

(A)

In general

The term specified safety project means a project carried out for the purpose of safety under any other section of this title that is consistent with the State strategic highway safety plan.

(B)

Inclusion

The term specified safety project includes a project that—

(i)

promotes public awareness and informs the public regarding highway safety matters (including safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users);

(ii)

facilitates enforcement of traffic safety laws;

(iii)

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

(iv)

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

(v)

supports safe routes to school noninfrastructure-related activities described in section 208(g)(2).

;

(E)

in paragraph (13) (as so redesignated)—

(i)

by redesignating subparagraphs (G), (H), and (I) as subparagraphs (H), (I), and (J), respectively; and

(ii)

by inserting after subparagraph (F) the following;

(G)

includes a vulnerable road user safety assessment;

; and

(F)

by adding at the end the following:

(15)

Vulnerable road user

The term vulnerable road user means a nonmotorist—

(A)

with a fatality analysis reporting system person attribute code that is included in the definition of the term number of non-motorized fatalities in section 490.205 of title 23, Code of Federal Regulations (or successor regulations); or

(B)

described in the term number of non-motorized serious injuries in that section.

(16)

Vulnerable road user safety assessment

The term vulnerable road user safety assessment means an assessment of the safety performance of the State with respect to vulnerable road users and the plan of the State to improve the safety of vulnerable road users as described in subsection (l).

;

(2)

in subsection (c)—

(A)

in paragraph (1)(A), by striking subsections (a)(11) and inserting subsections (a)(13); and

(B)

in paragraph (2)—

(i)

in subparagraph (A)(vi), by inserting and to differentiate the safety data for vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users after crashes;

(ii)

in subparagraph (B)(i), by striking (including motorcyclists), bicyclists, pedestrians, and inserting , vulnerable road users (including motorcyclists, bicyclists, pedestrians),; and

(iii)

in subparagraph (D)—

(I)

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

(II)

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

(III)

by adding at the end the following:

(vi)

improves the ability of the State to differentiate the fatalities and serious injuries of vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users;

;

(3)

in subsection (d)(2)(B)(i), by striking subsection (a)(11) and inserting subsection (a)(13);

(4)

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

(3)

Flexible funding for specified safety projects

(A)

In general

To advance the implementation of a State strategic highway safety plan, a State may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out specified safety projects.

(B)

Rule of construction

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.

(C)

Effect of paragraph

(i)

Requirements

A project carried out under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project.

(ii)

Other apportioned programs

Nothing in this paragraph prohibits the use of funds made available under other provisions of this title for a specified safety project that is a noninfrastructure project.

;

(5)

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

(3)

Vulnerable road user safety

If the total annual fatalities of vulnerable road users in a State represents not less than 15 percent of the total annual crash fatalities in the State, that State shall be required to obligate not less than 15 percent of the amounts apportioned to the State under section 104(b)(3) for the following fiscal year for highway safety improvement projects to address the safety of vulnerable road users.

; and

(6)

by adding at the end the following:

(l)

Vulnerable road user safety assessment

(1)

In general

Not later than 2 years after the date of enactment of this subsection, each State shall complete a vulnerable road user safety assessment.

(2)

Contents

A vulnerable road user safety assessment under paragraph (1) shall include—

(A)

a quantitative analysis of vulnerable road user fatalities and serious injuries that—

(i)

includes data such as location, roadway functional classification, design speed, speed limit, and time of day;

(ii)

considers the demographics of the locations of fatalities and serious injuries, including race, ethnicity, income, and age; and

(iii)

based on the data, identifies areas as high-risk to vulnerable road users; and

(B)

a program of projects or strategies to reduce safety risks to vulnerable road users in areas identified as high-risk under subparagraph (A)(iii).

(3)

Use of data

In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall use data from the most recent 5-year period for which data is available.

(4)

Requirements

In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall—

(A)

take into consideration a safe system approach; and

(B)

consult with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(A)(iii).

(5)

Update

A State shall update the vulnerable road user safety assessment of the State in accordance with the updates required to the State strategic highway safety plan under subsection (d).

(6)

Requirement for transportation system access

The program of projects developed under paragraph (2)(B) may not degrade transportation system access for vulnerable road users.

(7)

Guidance

(A)

In general

Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop guidance for States to carry out this subsection.

(B)

Consultation

In developing the guidance under this paragraph, the Secretary shall consult with the States and relevant safety stakeholders.

.

(b)

High-risk rural roads

(1)

Study

Not later than 2 years after the date of enactment of this Act, the Secretary shall update the study under section 1112(b)(1) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).

(2)

Publication of report

Not later than 2 years after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation an update to the report described in section 1112(b)(2) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).

(3)

Best practices manual

Not later than 180 days after the date on which the report is published under paragraph (2), the Secretary shall update the best practices manual described in section 1112(b)(3) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).

1112.

Federal lands transportation program

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

(1)

in paragraph (1)(D), by striking $10,000,000 and inserting $20,000,000; and

(2)

by adding at the end the following:

(6)

Native plant materials

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

(A)

the use of locally adapted native plant materials; and

(B)

designs that minimize runoff and heat generation.

.

1113.

Federal lands access program

(a)

Federal share

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

(1)

in subsection (b)(7)(B), by striking determined in accordance with section 120, and inserting be up to 100 percent; and

(2)

in subsection (c)(8)(A), by striking 5 percent and inserting 20 percent.

(b)

Federal lands access program

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)

Native plant materials

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

(A)

the use of locally adapted native plant materials; and

(B)

designs that minimize runoff and heat generation.

.

1114.

National highway freight program

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)

Rural states

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.

Congestion mitigation and air quality improvement program

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 (7), by inserting shared micromobility (including bikesharing and shared scooter systems), after carsharing,;

(C)

in paragraph (8)—

(i)

in subparagraph (A)—

(I)

in the matter preceding clause (i), by inserting replacements or before retrofits;

(II)

by striking clause (i) and inserting the following:

(i)

verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for motor vehicles (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)); or

; and

(III)

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

(ii)

in subparagraph (B), by inserting replacements or before retrofits; and

(iii)

by adding at the end the following:

(C)

the purchase of medium- or heavy-duty zero emission vehicles and related charging equipment;

;

(D)

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

(E)

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)

Locks and dams; marine highways

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).

;

(3)

in subsection (f)(4)(A), by inserting and nonroad vehicles and nonroad engines used in construction projects or port-related freight operations after motor vehicles;

(4)

in subsection (g)—

(A)

in paragraph (1)(B)—

(i)

in the subparagraph heading, by inserting replacement or before retrofit;

(ii)

by striking The term diesel retrofit and inserting The term diesel replacement or retrofit; and

(iii)

by inserting or retrofit after replacement;

(B)

in paragraph (2), in the matter preceding subparagraph (A), by inserting replacement or before retrofit; and

(C)

in paragraph (3), by inserting replacements or before retrofits;

(5)

in subsection (k)(1), by striking that reduce such fine particulate matter emissions in such area, including diesel retrofits. and inserting “that—

(A)

reduce such fine particulate matter emissions in such area, including diesel replacements or retrofits; and

(B)

to the extent practicable, prioritize benefits to minority populations or low-income populations living in, or immediately adjacent to, such area.

;

(6)

in subsection (l), by adding at the following:

(3)

Assistance to metropolitan planning organizations

(A)

In general

On the request of a metropolitan planning organization, the Secretary may assist the metropolitan planning organization tracking progress made in minority or low-income populations as part of a performance plan under this subsection.

(B)

Savings provision

Nothing in this paragraph provides the Secretary the authority—

(i)

to change the performance measures under section 150(c)(5) or the performance targets established under section 134(h)(2) or 150(d); or

(ii)

to establish any other Federal requirement.

; and

(7)

by striking subsection (m) and inserting the following:

(m)

Operating assistance

(1)

In general

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)

No time limitation

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.

Alaska Highway

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

218.

Alaska Highway

(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 Surface Transportation Reauthorization Act of 2021) 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.

.

1117.

Toll roads, bridges, tunnels, and ferries

(a)

In general

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,.

(b)

Diesel fuel ferry vessels

(1)

In general

Notwithstanding section 147(b), in the case of a project to replace or retrofit a diesel fuel ferry vessel that provides substantial emissions reductions, the Federal share of the cost of the project may be up to 85 percent, as determined by the State.

(2)

Sunset

The authority provided by paragraph (1) shall terminate on September 30, 2025.

1118.

Bridge investment program

(a)

In general

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

124.

Bridge investment program

(a)

Definitions

In this section:

(1)

Eligible project

(A)

In general

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)

Inclusions

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)

Large project

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

(3)

Program

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

(b)

Establishment of bridge investment program

(1)

In general

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

(2)

Goals

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)

Grant authority

(1)

In general

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

(2)

Grant amounts

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)

Maximum amount

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)

Federal share

(A)

Maximum Federal involvement

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)

Off-system bridges

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)

Federal land management agencies and Tribal governments

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)

Considerations

(A)

In general

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)

Requirement

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 2022 through 2026, 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)

Culvert limitation

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)

Eligible entity

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)

Eligible project requirements

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), except as provided in subsection (g)(1)(B);

(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)

Competitive process and evaluation of eligible projects other than large projects

(1)

Competitive process

(A)

In general

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)

Requirements

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)

Applications

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)

Evaluation

(A)

In general

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)

Requirements

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)

Competitive process, evaluation, and annual report for large projects

(1)

In general

(A)

Applications

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).

(B)

First fiscal year

Notwithstanding subparagraph (A), for the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish a 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 immediate execution of a grant agreement.

(2)

Information required

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)

Determination; notice

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)

Evaluation

The Secretary may recommend a large project for funding in the annual report under paragraph (6), or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, immediately execute a grant agreement for a large project, 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)

Ratings

(A)

In general

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)

Requirement

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).

(C)

Interim methodology

In the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish an interim methodology to evaluate and rate a large project for each of—

(i)

paragraph (4)(B);

(ii)

paragraph (4)(C); and

(iii)

paragraph (4)(D).

(6)

Annual report on funding recommendations for large projects

(A)

In general

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)

Limitations

(i)

In general

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)

General fund projects

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)

Considerations

In selecting projects to recommend for funding in the annual report under this paragraph, or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, projects for immediate execution of a grant agreement, 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)

Project diversity

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)

Eligible project costs

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)

TIFIA program

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)

Multiyear grant agreements for large projects

(1)

In general

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)

Requirements

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)

Special financial rules

(A)

In general

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)

Statement of contingent commitment

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

(C)

Interest and other financing costs

(i)

In general

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)

Certification

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

(4)

Advance payment

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)

Undertaking parts of projects in advance under letters of no prejudice

(1)

In general

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)

Interest and other financing costs

(A)

In general

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)

Certification

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)

No obligation or influence on recommendations

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)

Federally-owned bridges

(1)

Divestiture consideration

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)

Treatment

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)

Congressional notification

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)

Reports

(1)

Annual report

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)

GAO assessment and report

Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, 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)

Limitation

(1)

Large projects

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 2022 through 2026, not less than 50 percent, in aggregate, shall be used for large projects.

(2)

Unutilized amounts

If, in fiscal year 2026, 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.

(p)

Tribal transportation facility bridge set aside

(1)

In general

Of the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a fiscal year to carry out this section, the Secretary shall use, to carry out section 202(d)—

(A)

$16,000,000 for fiscal year 2022;

(B)

$18,000,000 for fiscal year 2023;

(C)

$20,000,000 for fiscal year 2024;

(D)

$22,000,000 for fiscal year 2025; and

(E)

$24,000,000 for fiscal year 2026.

(2)

Treatment

For purposes of section 201, funds made available for section 202(d) under paragraph (1) shall be considered to be part of the tribal transportation program.

.

(b)

Clerical amendment

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.

.

1119.

Safe routes to school

(a)

In general

Chapter 2 of title 23, United States Code, is amended by inserting after section 207 the following:

208.

Safe routes to school

(a)

Definitions

In this section:

(1)

In the vicinity of schools

The term in the vicinity of schools, with respect to a school, means the approximately 2-mile area within bicycling and walking distance of the school.

(2)

Primary, middle, and high schools

The term primary, middle, and high schools means schools providing education from kindergarten through 12th grade.

(b)

Establishment

Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary, middle, and high schools.

(c)

Purposes

The purposes of the program established under subsection (b) shall be—

(1)

to enable and encourage children, including those with disabilities, to walk and bicycle to school;

(2)

to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and

(3)

to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.

(d)

Apportionment of funds

(1)

In general

Subject to paragraphs (2), (3), and (4), amounts made available to carry out this section for a fiscal year shall be apportioned among the States so that each State receives the amount equal to the proportion that—

(A)

the total student enrollment in primary, middle, and high schools in each State; bears to

(B)

the total student enrollment in primary, middle, and high schools in all States.

(2)

Minimum apportionment

No State shall receive an apportionment under this section for a fiscal year of less than $1,000,000.

(3)

Set-aside for administrative expenses

Before apportioning under this subsection amounts made available to carry out this section for a fiscal year, the Secretary shall set aside not more than $3,000,000 of those amounts for the administrative expenses of the Secretary in carrying out this section.

(4)

Determination of student enrollments

Determinations under this subsection relating to student enrollments shall be made by the Secretary.

(e)

Administration of amounts

Amounts apportioned to a State under this section shall be administered by the State department of transportation.

(f)

Eligible recipients

Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, Tribal, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section.

(g)

Eligible projects and activities

(1)

Infrastructure-related projects

(A)

In general

Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools.

(B)

Location of projects

Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools.

(2)

Noninfrastructure-related activities

(A)

In general

In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs.

(B)

Allocation

Not less than 10 percent and not more than 30 percent of the amount apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this paragraph.

(3)

Safe routes to school coordinator

Each State shall use a sufficient amount of the apportionment of the State for each fiscal year to fund a full-time position of coordinator of the safe routes to school program of the State.

(h)

Clearinghouse

(1)

In general

The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools—

(A)

to operate a national safe routes to school clearinghouse;

(B)

to develop information and educational programs on safe routes to school; and

(C)

to provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs.

(2)

Funding

The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (d)(3).

(i)

Treatment of projects

Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1.

.

(b)

Conforming amendments

(1)

The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 207 the following:

208. Safe routes to school.

.

(2)

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

(3)

The table of contents in section 1(b) of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144) is amended by striking the item relating to section 1404.

1120.

Highway use tax evasion projects

Section 143(b)(2)(A) of title 23, United States Code, is amended by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026.

1121.

Construction of ferry boats and ferry terminal facilities

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

(h)

Authorization of appropriations

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

(1)

$110,000,000 for fiscal year 2022;

(2)

$112,000,000 for fiscal year 2023;

(3)

$114,000,000 for fiscal year 2024;

(4)

$116,000,000 for fiscal year 2025; and

(5)

$118,000,000 for fiscal year 2026.

.

1122.

Vulnerable road user research

(a)

Definitions

In this subsection:

(1)

Administrator

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

(2)

Vulnerable road user

The term vulnerable road user has the meaning given the term in section 148(a) of title 23, United States Code.

(b)

Establishment of research plan

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—

(1)

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

(2)

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

(3)

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

(4)

other research areas to be determined by the Administrator.

(c)

Vulnerable road user assessments

The Administrator shall—

(1)

review each vulnerable road user safety assessment submitted by a State under section 148(l) 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

(2)

in the first progress update under subsection (d)(2), provide—

(A)

the results of the determination described in paragraph (1); and

(B)

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

(d)

Submission; publication

(1)

Submission of plan

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 subsection (b).

(2)

Progress updates

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 paragraph (1)—

(A)

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

(B)

in the first submission under this paragraph, the results and recommendations described in subsection (c)(2).

1123.

Wildlife crossing safety

(a)

Declaration of policy

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)

Wildlife crossings pilot program

(1)

In general

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

171.

Wildlife crossings pilot program

(a)

Finding

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)

Establishment

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)

Eligible entities

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)

Applications

(1)

In general

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)

Requirement

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)

Guidance

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)

Considerations

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)

Use of funds

(1)

In general

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

(2)

Grant administration

(A)

In general

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)

Partnerships

(i)

In general

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)

Eligible partners described

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)

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));

(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)

Compliance

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)

Requirement

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)

Annual report to Congress

(1)

In general

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)

Contents

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)

Clerical amendment

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. Wildlife crossings pilot program..

(c)

Wildlife vehicle collision reduction and habitat connectivity improvement

(1)

In general

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

172.

Wildlife-vehicle collision reduction and habitat connectivity improvement

(a)

Study

(1)

In general

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)

Contents

(A)

Areas of study

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)

Methods

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)

Report

(A)

In general

Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report on the results of the study.

(B)

Contents

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; and

(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)

Workforce development and technical training

(1)

In general

Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, 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)

Availability

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)

Standardization of wildlife collision and carcass data

(1)

Standardized methodology

(A)

In general

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)

Methodology

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)

Consultation

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)

Standardized national data system with voluntary template implementation

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)

Reports

(A)

Methodology

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 Surface Transportation Reauthorization Act of 2021; and

(ii)

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

(B)

Implementation

Not later than 4 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, 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)

National threshold guidance

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)

Clerical amendment

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 171 the following:

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

(d)

Wildlife crossings standards

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)

Wildlife habitat connectivity and national bridge and tunnel inventory and inspection standards

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)

Requirement

The first revision under paragraph (2) after the date of enactment of the Surface Transportation Reauthorization Act of 2021 shall include techniques to assess passage of aquatic and terrestrial species and habitat restoration potential.

.

1124.

Consolidation of programs

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 2022 through 2026.

1125.

State freight advisory committees

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, if applicable;

(2)

freight railroads, if applicable;

(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.;

(3)

by redesignating subsection (b) as subsection (c); and

(4)

by inserting after subsection (a) the following:

(b)

Qualifications

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.

.

1126.

Territorial and Puerto Rico highway program

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)

$173,010,000 shall be for fiscal year 2022;

(B)

$176,960,000 shall be for fiscal year 2023;

(C)

$180,120,000 shall be for fiscal year 2024;

(D)

$183,675,000 shall be for fiscal year 2025; and

(E)

$187,230,000 shall be for fiscal year 2026; and

(2)

for the territorial highway program under subsection (c)—

(A)

$45,990,000 shall be for fiscal year 2022;

(B)

$47,040,000 shall be for fiscal year 2023;

(C)

$47,880,000 shall be for fiscal year 2024;

(D)

$48,825,000 shall be for fiscal year 2025; and

(E)

$49,770,000 shall be for fiscal year 2026.

;

(2)

in subsection (b)(2)(C)(iii), by inserting and preventative maintenance on the National Highway System after chapter 1; and

(3)

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).

1127.

Nationally significant Federal lands and Tribal projects program

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

(1)

in subsection (c)(3), by striking $25,000,000 and all that follows through the period at the end and inserting $12,500,000.;

(2)

in subsection (g)—

(A)

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

(g)

Cost share

(1)

Federal share

(A)

In general

Except as provided in subparagraph (B), the Federal

;

(B)

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

(B)

Tribal projects

In the case of a project on a tribal transportation facility (as defined in section 101(a) of title 23, United States Code), the Federal share of the cost of the project shall be 100 percent.

; and

(C)

in paragraph (2), by striking other than those made available under title 23 or title 49, United States Code,; and

(3)

by striking subsection (h) and inserting the following:

(h)

Use of funds

(1)

In general

For each fiscal year, of the amounts made available to carry out this section—

(A)

50 percent shall be used for eligible projects on Federal lands transportation facilities and Federal lands access transportation facilities (as those terms are defined in section 101(a) of title 23, United States Code); and

(B)

50 percent shall be used for eligible projects on tribal transportation facilities (as defined in section 101(a) of title 23, United States Code).

(2)

Requirement

Not less than 1 eligible project carried out using the amount described in paragraph (1)(A) shall be in a unit of the National Park System with not less than 3,000,000 annual visitors.

(3)

Availability

Amounts made available to carry out this section shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.

.

1128.

Tribal high priority projects program

Section 1123(h) of MAP–21 (23 U.S.C. 202 note; Public Law 112–141) is amended—

(1)

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

(2)

in paragraph (3) (as so redesignated), in the matter preceding subparagraph (A), by striking paragraph (1) and inserting paragraphs (1) and (2); and

(3)

by striking the subsection designation and heading and all that follows through the period at the end of paragraph (1) and inserting the following:

(h)

Funding

(1)

Set-aside

For each of fiscal years 2022 through 2026, of the amounts made available to carry out the tribal transportation program under section 202 of title 23, United States Code, for that fiscal year, the Secretary shall use $9,000,000 to carry out the program.

(2)

Authorization of appropriations

In addition to amounts made available under paragraph (1), there is authorized to be appropriated $30,000,000 out of the general fund of the Treasury to carry out the program for each of fiscal years 2022 through 2026.

.

1129.

Standards

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

(1)

in subsection (d)—

(A)

by striking (d) On any and inserting the following:

(d)

Manual on Uniform Traffic Control Devices

(1)

In general

On any

;

(B)

in paragraph (1) (as so designated), by striking promote the safe and inserting promote the safety, inclusion, and mobility of all users; and

(C)

by adding at the end the following:

(2)

Updates

Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and not less frequently than every 4 years thereafter, the Secretary shall update the Manual on Uniform Traffic Control Devices.

;

(2)

in subsection (o)—

(A)

by striking Projects and inserting:

(A)

In general

Projects

; and

(B)

by inserting at the end the following:

(B)

Local jurisdictions

Notwithstanding subparagraph (A), a local jurisdiction may use a roadway design guide recognized by the Federal Highway Administration and adopted by the local jurisdiction that is different from the roadway design guide used by the State in which the local jurisdiction is located for the design of projects on all roadways under the ownership of the local jurisdiction (other than a highway on the National Highway System) for which the local jurisdiction is the project sponsor, provided that the design complies with all other applicable Federal laws.

; and

(3)

by adding at the end the following:

(s)

Electric vehicle charging stations

(1)

Standards

Electric vehicle charging infrastructure installed using funds provided under this title shall provide, at a minimum—

(A)

non-proprietary charging connectors that meet applicable industry safety standards; and

(B)

open access to payment methods that are available to all members of the public to ensure secure, convenient, and equal access to the electric vehicle charging infrastructure that shall not be limited by membership to a particular payment provider.

(2)

Treatment of projects

Notwithstanding any other provision of law, a project to install electric vehicle charging infrastructure using funds provided under this title shall be treated as if the project is located on a Federal-aid highway.

.

1130.

Public transportation

(a)

In general

Section 142(a) of title 23, United States Code, is amended by adding at the end the following:

(3)

Bus corridors

In addition to the projects described in paragraphs (1) and (2), the Secretary may approve payment from sums apportioned under paragraph (2) or (7) of section 104(b) for carrying out a capital project for the construction of a bus rapid transit corridor or dedicated bus lanes, including the construction or installation of—

(A)

traffic signaling and prioritization systems;

(B)

redesigned intersections that are necessary for the establishment of a bus rapid transit corridor;

(C)

on-street stations;

(D)

fare collection systems;

(E)

information and wayfinding systems; and

(F)

depots.

.

(b)

Technical correction

Section 142 of title 23, United States Code, is amended by striking subsection (i).

1131.

Rural opportunities to use transportation for economic success council

(a)

Definitions

In this section:

(1)

Council

The term Council means the Rural Opportunities to Use Transportation for Economic Success Council, or the ROUTES Council, established under subsection (b).

(2)

Disadvantaged rural community

The term disadvantaged rural community means a community—

(A)

in a rural area; and

(B)

the annual median household income of which is less than 80 percent of the annual median household income of the State in which the community is located.

(3)

Discretionary funding and financing programs

The term discretionary funding and financing programs means—

(A)

the programs described in section 116(d)(1) of title 49, United States Code; and

(B)

any other program of the Department, as determined by the Secretary.

(4)

Indian Tribe

The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(5)

Rural area

The term rural area means an area that is outside an urbanized area with a population of over 200,000.

(b)

Establishment

The Secretary shall establish in the Department a council, to be known as the Rural Opportunities to Use Transportation for Economic Success Council, or the ROUTES Council, to coordinate with—

(1)

modal administrations and offices of the Department; and

(2)

other Federal agencies, as appropriate—

(A)

to ensure that the unique transportation needs and attributes of rural areas, Indian Tribes, and disadvantaged rural communities are fully addressed during the development and implementation of programs, policies, and activities of the Department;

(B)

to increase coordination of programs, policies, and activities of the Department in a manner that improves and expands transportation infrastructure in order to further economic development in, and the qualify of life of, rural areas, Indian Tribes, and disadvantaged rural communities; and

(C)

to provide rural areas, Indian Tribes, and disadvantaged rural communities with proactive outreach—

(i)

to improve access to discretionary funding and financing programs; and

(ii)

to facilitate timely resolution on environmental reviews for complex or high-priority projects.

(c)

Membership; chairperson

The Council shall be composed of—

(1)

the Deputy Secretary of Transportation, who shall serve as the chairperson of the Council;

(2)

the Under Secretary of Transportation for Policy;

(3)

the General Counsel of the Department;

(4)

the Chief Financial Officer and Assistant Secretary for Budget and Programs;

(5)

the Assistant Secretary for Research and Technology;

(6)

the Assistant Secretary for Transportation Policy;

(7)

the Deputy Assistant Secretary for Tribal Government Affairs;

(8)

the Administrator of each of—

(A)

the Federal Highway Administration;

(B)

the Federal Railroad Administration; and

(C)

the Federal Transit Administration; and

(9)

such other individuals, who shall serve as at-large members, as the Secretary may designate.

(d)

Duties

The Council shall—

(1)

educate and provide technical assistance to rural areas, Indian Tribes, and disadvantaged rural communities with respect to discretionary funding and financing programs;

(2)

carry out research and utilize innovative approaches to resolve the transportation challenges faced by rural areas, Indian Tribes, and disadvantaged rural communities;

(3)

gather input from knowledgeable entities and the public relating to—

(A)

the benefits of transportation projects to rural areas, Indian Tribes, and disadvantaged rural communities; and

(B)

the barriers to advancing those projects; and

(4)

perform such other duties, as determined by the Secretary.

(e)

Additional staffing

The Secretary shall ensure the Council has adequate staff support to carry out the duties of the Council under subsection (d).

(f)

Report

The Council 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 an annual report that describes the activities carried out by the Council under subsection (d).

1132.

Reservation of certain funds

(a)

Open container requirements

Section 154(c)(2) of title 23, United States Code, is amended—

(1)

in the paragraph heading, by striking 2012 and inserting 2022;

(2)

by striking subparagraph (A) and inserting the following:

(A)

Reservation of funds

(i)

In general

On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3).

(ii)

States described

A State referred to in clause (i) is a State—

(I)

that has not enacted or is not enforcing an open container law described in subsection (b); and

(II)

for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing an open container law described in subsection (b).

; and

(3)

in subparagraph (B), in the matter preceding clause (i), by striking subparagraph (A) and inserting subparagraph (A)(i).

(b)

Repeat intoxicated driver laws

Section 164(b)(2) of title 23, United States Code, is amended—

(1)

in the paragraph heading, by striking 2012 and inserting 2022;

(2)

by striking subparagraph (A) and inserting the following:

(A)

Reservation of funds

(i)

In general

On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3).

(ii)

States described

A State referred to in clause (i) is a State—

(I)

that has not enacted or is not enforcing a repeat intoxicated driver law; and

(II)

for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing a repeat intoxicated driver law.

; and

(3)

in subparagraph (B), in the matter preceding clause (i), by striking subparagraph (A) and inserting subparagraph (A)(i).

1133.

Rural surface transportation grant program

(a)

In general

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

173.

Rural surface transportation grant program

(a)

Definitions

In this section:

(1)

Program

The term program means the program established under subsection (b)(1).

(2)

Rural area

The term rural area means an area that is outside an urbanized area with a population of over 200,000.

(b)

Establishment

(1)

In general

The Secretary shall establish a rural surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in rural areas.

(2)

Goals

The goals of the program shall be—

(A)

to increase connectivity;

(B)

to improve the safety and reliability of the movement of people and freight; and

(C)

to generate regional economic growth and improve quality of life.

(3)

Grant administration

The Secretary may—

(A)

retain not more than a total of 2 percent of the funds made available to carry out the program and to review applications for grants under the program; 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 the program.

(c)

Eligible entities

The Secretary may make a grant under the program to—

(1)

a State;

(2)

a regional transportation planning organization;

(3)

a unit of local government;

(4)

a Tribal government or a consortium of Tribal governments; and

(5)

a multijurisdictional group of entities described in paragraphs (1) through (4).

(d)

Applications

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

(e)

Eligible projects

(1)

In general

Except as provided in paragraph (2), the Secretary may make a grant under the program only for a project that is—

(A)

a highway, bridge, or tunnel project eligible under section 119(d);

(B)

a highway, bridge, or tunnel project eligible under section 133(b);

(C)

a project eligible under section 202(a);

(D)

a highway freight project eligible under section 167(h)(5);

(E)

a highway safety improvement project, including a project to improve a high risk rural road (as those terms are defined in section 148(a));

(F)

a project on a publicly-owned highway or bridge that provides or increases access to an agricultural, commercial, energy, or intermodal facility that supports the economy of a rural area; or

(G)

a project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility services.

(2)

Bundling of eligible projects

(A)

In general

An eligible entity may bundle 2 or more similar eligible projects under the program that are—

(i)

included as a bundled project in a statewide transportation improvement program under section 135; and

(ii)

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

(B)

Itemization

Notwithstanding any other provision of law (including regulations), a bundling of eligible projects under this paragraph may be considered to be a single project, including for purposes of section 135.

(f)

Eligible project costs

An eligible entity may use funds from a grant under the program for—

(1)

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

(2)

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

(g)

Project requirements

The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project—

(1)

will generate regional economic, mobility, or safety benefits;

(2)

will be cost effective;

(3)

will contribute to the accomplishment of 1 or more of the national goals under section 150;

(4)

is based on the results of preliminary engineering; and

(5)

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

(h)

Additional considerations

In providing grants under the program, the Secretary shall consider the extent to which an eligible project will—

(1)

improve the state of good repair of existing highway, bridge, and tunnel facilities;

(2)

increase the capacity or connectivity of the surface transportation system and improve mobility for residents of rural areas;

(3)

address economic development and job creation challenges, including energy sector job losses in energy communities as identified in the report released in April 2021 by the interagency working group established by section 218 of Executive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021));

(4)

enhance recreational and tourism opportunities by providing access to Federal land, national parks, national forests, national recreation areas, national wildlife refuges, wilderness areas, or State parks;

(5)

contribute to geographic diversity among grant recipients;

(6)

utilize innovative project delivery approaches or incorporate transportation technologies;

(7)

coordinate with projects to address broadband infrastructure needs; or

(8)

improve access to emergency care, essential services, healthcare providers, or drug and alcohol treatment and rehabilitation resources.

(i)

Grant amount

Except as provided in subsection (k)(1), a grant under the program shall be in an amount that is not less than $25,000,000.

(j)

Federal share

(1)

In general

Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program may not exceed 80 percent.

(2)

Federal share for certain projects

The Federal share of the cost of an eligible project that furthers the completion of a designated segment of the Appalachian Development Highway System under section 14501 of title 40, or addresses a surface transportation infrastructure need identified for the Denali access system program under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) shall be up to 100 percent, as determined by the State.

(3)

Use of other Federal assistance

Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project carried out with a grant under the program.

(k)

Set asides

(1)

Small projects

The Secretary shall use not more than 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in an amount that is less than $25,000,000.

(2)

Appalachian development highway system

The Secretary shall reserve 25 percent of the amounts made available for the program for each fiscal year for eligible projects that further the completion of designated routes of the Appalachian Development Highway System under section 14501 of title 40.

(3)

Rural roadway lane departures

The Secretary shall reserve 15 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects located in States that have rural roadway fatalities as a result of lane departures that are greater than the average of rural roadway fatalities as a result of lane departures in the United States, based on the latest available data from the Secretary.

(4)

Excess funding

In any fiscal year in which qualified applications for grants under this subsection do not allow for the amounts reserved under paragraphs (1), (2), or (3) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under the program.

(l)

Congressional review

(1)

Notification

Not less than 60 days before providing a grant under the program, 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)

a list of all applications determined to be eligible for a grant by the Secretary;

(B)

each application proposed to be selected for a grant, including a justification for the selection; and

(C)

proposed grant amounts.

(2)

Committee review

Before the last day of the 60-day period described in paragraph (1), each Committee described in paragraph (1) shall review the list of proposed projects submitted by the Secretary.

(3)

Congressional disapproval

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

(m)

Transparency

(1)

In general

Not later than 30 days after providing a grant for a project under the program, the Secretary shall provide to all applicants, and publish on the website of the Department of Transportation, the information described in subsection (l)(1).

(2)

Briefing

The Secretary shall provide, on the request of an eligible entity, the opportunity to receive a briefing to explain any reasons the eligible entity was not selected to receive a grant under the program.

(n)

Reports

(1)

Annual report

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

(2)

Comptroller general

(A)

Assessment

The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the awarding of grants under the program for each fiscal year.

(B)

Report

Each fiscal year, the Comptroller General 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 the fiscal year—

(i)

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

(ii)

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

.

(b)

Clerical amendment

The analysis for chapter 1 of title 23, United States Code (as amended by section (1123(c)(2)), is amended by inserting after the item relating to section 172 the following:

173. Rural surface transportation grant program.

.

1134.

Bicycle transportation and pedestrian walkways

Section 217 of title 23, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking pedestrian walkways and bicycle and inserting pedestrian walkways and bicycle and shared micromobility; and

(B)

by striking safe bicycle use and inserting safe access for bicyclists and pedestrians;

(2)

in subsection (d), by striking a position and inserting up to 2 positions;

(3)

in subsection (e), by striking bicycles each place it appears and inserting pedestrians or bicyclists;

(4)

in subsection (f), by striking and a bicycle and inserting or a bicycle or shared micromobility; and

(5)

in subsection (j), by striking paragraph (2) and inserting the following:

(2)

Electric bicycle

(A)

In general

The term electric bicycle means a bicycle—

(i)

equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts;

(ii)

that can safely share a bicycle transportation facility with other users of such facility; and

(iii)

that is a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle.

(B)

Classes of electric bicycles

(i)

Class 1 electric bicycle

For purposes of subparagraph (A)(iii), the term class 1 electric bicycle means an electric bicycle, other than a class 3 electric bicycle, equipped with a motor that—

(I)

provides assistance only when the rider is pedaling; and

(II)

ceases to provide assistance when the speed of the bicycle reaches or exceeds 20 miles per hour.

(ii)

Class 2 electric bicycle

For purposes of subparagraph (A)(iii), the term class 2 electric bicycle means an electric bicycle equipped with a motor that—

(I)

may be used exclusively to propel the bicycle; and

(II)

is not capable of providing assistance when the speed of the bicycle reaches or exceeds 20 miles per hour.

(iii)

Class 3 electric bicycle

For purposes of subparagraph (A)(iii), the term class 3 electric bicycle means an electric bicycle equipped with a motor that—

(I)

provides assistance only when the rider is pedaling; and

(II)

ceases to provide assistance when the speed of the bicycle reaches or exceeds 28 miles per hour.

.

1135.

Recreational trails program

Section 206 of title 23, United States Code, is amended by adding at the end the following:

(j)

Use of other apportioned funds

Funds apportioned to a State under section 104(b) that are obligated for a recreational trail or a related project shall be administered as if the funds were made available to carry out this section.

.

1136.

Updates to Manual on Uniform Traffic Control Devices

In carrying out the first update to the Manual on Uniform Traffic Control Devices under section 109(d)(2) of title 23, United States Code, to the greatest extent practicable, the Secretary shall include updates necessary to provide for—

(1)

the protection of vulnerable road users (as defined in section 148(a) of title 23, United States Code);

(2)

supporting the safe testing of automated vehicle technology and any preparation necessary for the safe integration of automated vehicles onto public streets;

(3)

appropriate use of variable message signs to enhance public safety;

(4)

the minimum retroreflectivity of traffic control devices and pavement markings; and

(5)

any additional recommendations made by the National Committee on Uniform Traffic Control Devices that have not been incorporated into the Manual on Uniform Traffic Control Devices.

B

Planning and performance management

1201.

Transportation planning

(a)

Metropolitan transportation planning

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)

Considerations

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 existing 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)

Coordination between MPOs

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), 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)

Savings clause

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.

;

(3)

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

(D)

Use of technology

A metropolitan planning organization 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.

; and

(4)

in subsection (p), by striking paragraphs (5)(D) and (6) of section 104(b) of this title and inserting section 104(b)(6).

(b)

Statewide and nonmetropolitan transportation planning

Section 135(f)(3) of title 23, United States Code, is amended by adding at the end the following:

(C)

Use of technology

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.

.

(c)

Conforming amendment

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

1202.

Fiscal constraint on long-range transportation plans

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.

State human capital plans

(a)

In general

Chapter 1 of title 23, United States Code (as amended by section 1133(a)), is amended by adding at the end the following:

174.

State human capital plans

(a)

In general

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)

Plan contents

(1)

In general

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)

Planning period

If a State develops a human capital plan under subsection (a), the plan shall address a 5-year forecast period.

(c)

Plan updates

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)

Relationship to long-range plan

(1)

In general

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)

Effect of section

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)

Public availability

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)

Savings provision

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)

Clerical amendment

The analysis for chapter 1 of title 23, United States Code (as amended by section 1133(b)), is amended by inserting after the item relating to section 173 the following:

174. State human capital plans.

.

1204.

Prioritization process pilot program

(a)

Definitions

In this section:

(1)

Eligible entity

The term eligible entity means any of the following:

(A)

A metropolitan planning organization that serves an area with a population of over 200,000.

(B)

A State.

(2)

Metropolitan planning organization

The term metropolitan planning organization has the meaning given the term in section 134(b) of title 23, United States Code.

(3)

Prioritization process pilot program

The term prioritization process pilot program means the pilot program established under subsection (b)(1).

(b)

Establishment

(1)

In general

The Secretary shall establish and solicit applications for a prioritization process pilot program.

(2)

Purpose

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)

Pilot program administration

(1)

In general

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)

Requirements

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)

Metropolitan transportation planning

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)

Statewide transportation planning

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)

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 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)

Additional transportation planning

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)

Exceptions to priority ranking

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)

Maximum amount

The maximum amount of a grant under the prioritization process pilot program is $2,000,000.

(d)

Applications

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.

1205.

Travel demand data and modeling

(a)

Definition of metropolitan planning organization

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)

Study

(1)

In general

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)

Secretarial support

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)

Evaluation tool

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.

1206.

Increasing safe and accessible transportation options

(a)

Definition of Complete Streets standards or policies

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)

Funding requirement

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)

Activities described

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)

Federal share

The Federal share of the cost of an activity carried out under this section shall be 80 percent, unless the Secretary determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating the non-Federal share.

(e)

State flexibility

A State or metropolitan planning organization, with the approval of the Secretary, may opt out of the requirements of this section if the State or metropolitan planning organization demonstrates to the Secretary, by not later than 30 days before the Secretary apportions funds for a fiscal year under section 104, that the State or metropolitan planning organization—

(1)

has Complete Streets standards and policies in place; and

(2)

has developed an up-to-date Complete Streets prioritization plan as described in subsection (c)(2).

C

Project delivery and process improvement

1301.

Codification of One Federal Decision

(a)

In general

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)

Authorization

The term authorization means any environmental 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)

Environmental document

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 and completion of any environmental permit; and

(D)

by inserting after paragraph (6) (as so redesignated) the following:

(7)

Major project

(A)

In general

The term major project means a project for which—

(i)

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.);

(ii)

the project sponsor has identified the reasonable availability of funds sufficient to complete the project;

(iii)

the project is not a covered project (as defined in section 41001 of the FAST Act (42 U.S.C. 4370m)); and

(iv)
(I)

the head of the lead agency has determined that an environmental impact statement is required; or

(II)

the head of the lead agency has determined that an environmental assessment is required, and the project sponsor requests that the project be treated as a major project.

(B)

Clarification

In this section, the term major project does not have the same meaning as the term major project as described in section 106(h).

;

(3)

in subsection (b)(1)—

(A)

by inserting , including major projects, after all projects; and

(B)

by inserting as requested by a project sponsor and after applied,;

(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)

Process improvements for projects

(A)

In general

The Secretary shall review—

(i)

existing practices, procedures, rules, regulations, and applicable laws to identify impediments to meeting the requirements applicable to 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 projects.

(B)

Consultation

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)

Report

Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, 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 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)

Exceptions

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)

Timely authorizations for major projects

(A)

Deadline

Except as provided in subparagraph (C), all authorization decisions necessary for the construction of a major project shall be completed by not later than 90 days after the date of the issuance of a record of decision for the major project.

(B)

Detail

The final environmental impact statement for a major project shall include an adequate level of detail to inform decisions necessary for the role of the participating agencies and cooperating agencies in the environmental review process.

(C)

Extension of deadline

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 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)

Major project schedule

To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the major project that is consistent with an agency average of not more than 2 years for the completion of the environmental review process for major projects, as measured from, as applicable—

(I)

the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or

(II)

the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact.

;

(B)

by striking subparagraph (D) and inserting the following:

(D)

Modification

(i)

In general

Except as provided in clause (ii), the lead agency may lengthen or shorten a schedule established under subparagraph (B) for good cause.

(ii)

Exceptions

(I)

Major projects

In the case of a major 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 project by the lead agency.

(II)

Shortened schedules

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)

Failure to meet deadline

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.

;

(7)

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

(3)

Length of environmental document

(A)

In general

Notwithstanding any other provision of law and except as provided in subparagraph (B), to the maximum extent practicable, the text of the items described in paragraphs (4) through (6) of section 1502.10(a) of title 40, Code of Federal Regulations (or successor regulations), of an environmental impact statement for a project shall be 200 pages or fewer.

(B)

Exemption

An environmental impact statement for a project may exceed 200 pages, if the lead agency establishes a new page limit for the environmental impact statement for that project.

; and

(8)

by adding at the end the following:

(p)

Accountability and reporting for major projects

(1)

In general

The Secretary shall establish a performance accountability system to track each major project.

(2)

Requirements

The performance accountability system under paragraph (1) shall, for each major project, track, at a minimum—

(A)

the environmental review process for the major 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)

Development of categorical exclusions

(1)

In general

Not later than 60 days after the date of enactment of this subsection, and every 4 years thereafter, the Secretary shall—

(A)

in consultation with the agencies 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 agencies;

(B)

collect existing documentation and substantiating information on the categorical exclusions described in subparagraph (A); and

(C)

provide to each agency described in paragraph (2)—

(i)

a list of the categorical exclusions identified under subparagraph (A); and

(ii)

the documentation and substantiating information under subparagraph (B).

(2)

Agencies described

The agencies referred to in paragraph (1) are—

(A)

the Department of the Interior;

(B)

the Department of the Army;

(C)

the Department of Commerce;

(D)

the Department of Agriculture;

(E)

the Department of Energy;

(F)

the Department of Defense; and

(G)

any other Federal agency that has participated in an environmental review process for a project, as determined by the Secretary.

(3)

Adoption of categorical exclusions

(A)

In general

Not later than 1 year after the date on which the Secretary provides a list under paragraph (1)(C), an agency described in paragraph (2) shall publish a notice of proposed rulemaking to propose any categorical exclusions from the list applicable to the agency, subject to the condition that the categorical exclusion identified under paragraph (1)(A) meets the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).

(B)

Public comment

In a notice of proposed rulemaking under subparagraph (A), the applicable agency may solicit comments on whether any of the proposed new categorical exclusions meet the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).

.

(b)

Clerical amendment

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.

Work zone process reviews

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.

Transportation management plans

(a)

In general

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)

Non-Interstate projects

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.

Intelligent transportation systems

(a)

In general

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)

Implementation

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)

Savings provision

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.

Alternative contracting methods

(a)

Alternative contracting methods for federal land management agencies and tribal governments

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

(f)

Alternative contracting methods

(1)

In general

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 section 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)

Methods described

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)

Effect

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)

Cooperation with federal and state agencies and foreign countries

Section 308(a) of title 23, United States Code, is amended by adding at the end the following:

(4)

Alternative contracting methods

(A)

In general

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)

Methods described

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)

Use of alternative contracting methods

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.

Flexibility for projects

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.

Improved Federal-State stewardship and oversight agreements

(a)

Definition of template

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)

Request for comment

(1)

In general

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)

Comment period

The Secretary shall provide a period of not less than 60 days for public comment on the notice under paragraph (1).

(3)

Certain issues

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)

Notice of action; updates

(1)

In general

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)

Approval requirements

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)

Implementation

(A)

In general

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)

Updates

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)

Inclusion of non-standard terms

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)

Compliance with non-statutory terms

(1)

In general

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)

Approval authority

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)

Frequency of reviews

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)

In general

The Secretary

; and

(3)

by adding at the end the following:

(B)

Frequency

(i)

In general

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)

Consultation with State

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)

Cause

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.

Geomatic data

(a)

In general

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)

Considerations

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)

Public comment

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)

Savings clause

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.

Evaluation of projects within an operational right-of-way

(a)

In general

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

(a)

Definitions

(1)

Eligible project or activity

(A)

In general

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)

Exclusion

The term eligible project or activity does not include a project to create a new travel lane.

(2)

Preliminary evaluation

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)

Relevant agency

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)

Action required

(1)

In general

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)

Extension

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)

Failure to act

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)

Clerical amendment

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.

Preliminary engineering

(a)

In general

Section 102 of title 23, United States Code, is amended—

(1)

by striking subsection (b); and

(2)

in subsection (a), in the second sentence, by striking Nothing in this subsection and inserting the following:

(b)

Savings provision

Nothing in this section

.

(b)

Conforming amendment

Section 144(j) of title 23, United States Code, is amended by striking paragraph (6).

1311.

Efficient implementation of NEPA for Federal land management projects

Section 203 of title 23, United States Code, is amended by adding at the end the following:

(e)

Efficient implementation of NEPA

(1)

Definitions

In this subsection:

(A)

Environmental document

The term environmental document means an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(B)

Project

The term project means a highway project, public transportation capital project, or multimodal project that—

(i)

receives funds under this title; and

(ii)

is authorized under this section or section 204.

(C)

Project sponsor

The term project sponsor means the Federal land management agency that seeks or receives funds under this title for a project.

(2)

Environmental review to be completed by Federal Highway Administration

The Federal Highway Administration may prepare an environmental document pursuant to the implementing procedures of the Federal Highway Administration to comply with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if—

(A)

requested by a project sponsor; and

(B)

all areas of analysis required by the project sponsor can be addressed.

(3)

Federal land management agencies adoption of existing environmental review documents

(A)

In general

To the maximum extent practicable, if the Federal Highway Administration prepares an environmental document pursuant to paragraph (2), that environmental document shall address all areas of analysis required by a Federal land management agency.

(B)

Independent evaluation

Notwithstanding any other provision of law, a Federal land management agency shall not be required to conduct an independent evaluation to determine the adequacy of an environmental document prepared by the Federal Highway Administration pursuant to paragraph (2).

(C)

Use of same document

In authorizing or implementing a project, a Federal land management agency may use an environmental document previously prepared by the Federal Highway Administration for a project addressing the same or substantially the same action to the same extent that the Federal land management agency could adopt or use a document previously prepared by another Federal agency.

(4)

Application by Federal land management agencies of categorical exclusions established by Federal Highway Administration

In carrying out requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project, the project sponsor may use categorical exclusions designated under that Act in the implementing regulations of the Federal Highway Administration, subject to the conditions that—

(A)

the project sponsor makes a determination, in consultation with the Federal Highway Administration, that the categorical exclusion applies to the project;

(B)

the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(C)

the use of the categorical exclusion does not otherwise conflict with the implementing regulations of the project sponsor, except any list of the project sponsor that designates categorical exclusions.

(5)

Mitigation commitments

The Secretary shall assist the Federal land management agency with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the Secretary in accordance with this subsection.

.

1312.

National Environmental Policy Act of 1969 reporting program

(a)

In general

Chapter 1 of title 23, United States Code, is amended by inserting after section 156 the following:

157.

National Environmental Policy Act of 1969 reporting program

(a)

Definitions

In this section:

(1)

Categorical exclusion

The term categorical exclusion has the meaning given the term in section 771.117(c) of title 23, Code of Federal Regulations (or a successor regulation).

(2)

Documented categorical exclusion

The term documented categorical exclusion has the meaning given the term in section 771.117(d) of title 23, Code of Federal Regulations (or a successor regulation).

(3)

Environmental assessment

The term environmental assessment has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).

(4)

Environmental impact statement

The term environmental impact statement means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

(5)

Federal agency

The term Federal agency includes a State that has assumed responsibility under section 327.

(6)

NEPA process

The term NEPA process means the entirety of the development and documentation of the analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the assessment and analysis of any impacts, alternatives, and mitigation of a proposed action, and any interagency participation and public involvement required to be carried out before the Secretary undertakes a proposed action.

(7)

Proposed action

The term proposed action means an action (within the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the Secretary proposes to carry out.

(8)

Reporting period

The term reporting period means the fiscal year prior to the fiscal year in which a report is issued under subsection (b).

(9)

Secretary

The term Secretary includes the governor or head of an applicable State agency of a State that has assumed responsibility under section 327.

(b)

Report on NEPA data

(1)

In general

The Secretary shall carry out a process to track, and annually 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 containing, the information described in paragraph (3).

(2)

Time to complete

For purposes of paragraph (3), the NEPA process—

(A)

for an environmental impact statement—

(i)

begins on the date on which the Notice of Intent is published in the Federal Register; and

(ii)

ends on the date on which the Secretary issues a record of decision, including, if necessary, a revised record of decision; and

(B)

for an environmental assessment—

(i)

begins on the date on which the Secretary makes a determination to prepare an environmental assessment; and

(ii)

ends on the date on which the Secretary issues a finding of no significant impact or determines that preparation of an environmental impact statement is necessary.

(3)

Information described

The information referred to in paragraph (1) is, with respect to the Department of Transportation—

(A)

the number of proposed actions for which a categorical exclusion was issued during the reporting period;

(B)

the number of proposed actions for which a documented categorical exclusion was issued by the Department of Transportation during the reporting period;

(C)

the number of proposed actions pending on the date on which the report is submitted for which the issuance of a documented categorical exclusion by the Department of Transportation is pending;

(D)

the number of proposed actions for which an environmental assessment was issued by the Department of Transportation during the reporting period;

(E)

the length of time the Department of Transportation took to complete each environmental assessment described in subparagraph (D);

(F)

the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted by the Department of Transportation;

(G)

the number of proposed actions for which an environmental impact statement was completed by the Department of Transportation during the reporting period;

(H)

the length of time that the Department of Transportation took to complete each environmental impact statement described in subparagraph (G);

(I)

the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted; and

(J)

for the proposed actions reported under subparagraphs (F) and (I), the percentage of those proposed actions for which—

(i)

funding has been identified; and

(ii)

all other Federal, State, and local activities that are required to allow the proposed action to proceed are completed.

.

(b)

Clerical amendment

The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 156 the following:

157. National Environmental Policy Act of 1969 reporting program.

.

1313.

Surface transportation project delivery program written agreements

Section 327 of title 23, United States Code, is amended—

(1)

in subsection (a)(2)(G), by inserting , including the payment of fees awarded under section 2412 of title 28 before the period at the end;

(2)

in subsection (c)—

(A)

by striking paragraph (5) and inserting the following:

(5)

except as provided under paragraph (7), have a term of not more than 5 years;

;

(B)

in paragraph (6), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(7)

for any State that has participated in a program under this section (or under a predecessor program) for at least 10 years, have a term of 10 years.

;

(3)

in subsection (g)(1)—

(A)

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

(B)

in subparagraph (C), by striking annual;

(C)

by redesignating subparagraph (C) as subparagraph (D); and

(D)

by inserting after subparagraph (B) the following:

(C)

in the case of an agreement period of greater than 5 years pursuant to subsection (c)(7), conduct an audit covering the first 5 years of the agreement period; and

; and

(4)

by adding at the end the following:

(m)

Agency deemed to be Federal agency

A State agency that is assigned a responsibility under an agreement under this section shall be deemed to be an agency for the purposes of section 2412 of title 28.

.

1314.

State assumption of responsibility for categorical exclusions

Section 326(c)(3) of title 23, United States Code, is amended—

(1)

by striking subparagraph (A) and inserting the following:

(A)

except as provided under subparagraph (C), shall have a term of not more than 3 years;

;

(2)

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

(3)

by adding at the end the following:

(C)

shall have a term of 5 years, in the case of a State that has assumed the responsibility for categorical exclusions under this section for not fewer than 10 years.

.

1315.

Early utility relocation prior to transportation project environmental review

Section 123 of title 23, United States Code, is amended to read as follows:

123.

Relocation of utility facilities

(a)

Definitions

In this section:

(1)

Cost of relocation

The term cost of relocation includes the entire amount paid by a utility properly attributable to the relocation of a utility facility, minus any increase in the value of the new facility and any salvage value derived from the old facility.

(2)

Early utility relocation project

The term early utility relocation project means utility relocation activities identified by the State for performance before completion of the environmental review process for the transportation project.

(3)

Environmental review process

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

(4)

Transportation project

The term transportation project means a project.

(5)

Utility facility

The term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public.

(6)

Utility relocation activity

The term utility relocation activity means an activity necessary for the relocation of a utility facility, including preliminary and final design, surveys, real property acquisition, materials acquisition, and construction.

(b)

Reimbursement to States

(1)

In general

If a State pays for the cost of relocation of a utility facility necessitated by the construction of a transportation project, Federal funds may be used to reimburse the State for the cost of relocation in the same proportion as Federal funds are expended on the transportation project.

(2)

Limitation

Federal funds shall not be used to reimburse a State under this section if the payment to the utility—

(A)

violates the law of the State; or

(B)

violates a legal contract between the utility and the State.

(3)

Requirement

A reimbursement under paragraph (1) shall be made only if the State demonstrates to the satisfaction of the Secretary that the State paid the cost of the utility relocation activity from funds of the State with respect to transportation projects for which Federal funds are obligated subsequent to April 16, 1958, for work, including utility relocation activities.

(4)

Reimbursement eligibility for early relocation prior to transportation project environmental review process

(A)

In general

In addition to the requirements under paragraphs (1) through (3), a State may carry out, at the expense of the State, an early utility relocation project for a transportation project before completion of the environmental review process for the transportation project.

(B)

Requirements for reimbursement

Funds apportioned to a State under this title may be used to pay the costs incurred by the State for an early utility relocation project only if the State demonstrates to the Secretary, and the Secretary finds that—

(i)

the early utility relocation project is necessary to accommodate a transportation project;

(ii)

the State provides adequate documentation to the Secretary of eligible costs incurred by the State for the early utility relocation project;

(iii)

before the commencement of the utility relocation activities, an environmental review process was completed for the early utility relocation project that resulted in a finding that the early utility relocation project—

(I)

would not result in significant adverse environmental impacts; and

(II)

would comply with other applicable Federal environmental requirements;

(iv)

the early utility relocation project did not influence—

(I)

the environmental review process for the transportation project;

(II)

the decision relating to the need to construct the transportation project; or

(III)

the selection of the transportation project design or location;

(v)

the early utility relocation project complies with all applicable provisions of law, including regulations issued pursuant to this title;

(vi)

the early utility relocation project follows applicable financial procedures and requirements, including documentation of eligible costs and the requirements under section 109(l), but not including requirements applicable to authorization and obligation of Federal funds;

(vii)

the transportation project for which the early utility relocation project was necessitated was included in the applicable transportation improvement program under section 134 or 135;

(viii)

before the cost incurred by a State is approved for Federal participation, environmental compliance pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been completed for the transportation project for which the early utility relocation project was necessitated; and

(ix)

the transportation project that necessitated the utility relocation activity is approved for construction.

(C)

Savings provision

Nothing in this paragraph affects other eligibility requirements or authorities for Federal participation in payment of costs incurred for utility relocation activities.

(c)

Applicability of other provisions

Nothing in this section affects the applicability of other requirements that would otherwise apply to an early utility relocation project, including any applicable requirements under—

(1)

section 138;

(2)

the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), including regulations under part 24 of title 49, Code of Federal Regulations (or successor regulations);

(3)

title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); or

(4)

an environmental review process.

.

1316.

Streamlining of section 4(f) reviews

Section 138(a) of title 23, United States Code, is amended—

(1)

in the fourth sentence, by striking In carrying out and inserting the following:

(4)

Studies

In carrying out

;

(2)

in the third sentence—

(A)

by striking such land, and (2) such program and inserting the following: “the land; and

(B)

the program

;

(B)

by striking unless (1) there is and inserting the following: “unless—

(A)

there is

; and

(C)

by striking After the and inserting the following:

(3)

Requirement

After the

;

(3)

in the second sentence—

(A)

by striking The Secretary of Transportation and inserting the following:

(2)

Cooperation and consultation

(A)

In general

The Secretary

; and

(B)

by adding at the end the following:

(B)

Timeline for approvals

(i)

In general

The Secretary shall—

(I)

provide an evaluation under this section to the Secretaries described in subparagraph (A); and

(II)

provide a period of 30 days for receipt of comments.

(ii)

Assumed acceptance

If the Secretary does not receive comments by 15 days after the deadline under clause (i)(II), the Secretary shall assume a lack of objection and proceed with the action.

(C)

Effect

Nothing in subparagraph (B) affects—

(i)

the requirements under—

(I)

subsections (b) through (f); or

(II)

the consultation process under section 306108 of title 54; or

(ii)

programmatic section 4(f) evaluations, as described in regulations issued by the Secretary.

; and

(4)

in the first sentence, by striking It is declared to be and inserting the following:

(1)

In general

It is

.

1317.

Categorical exclusion for projects of limited Federal assistance

Section 1317(1) of MAP–21 (23 U.S.C. 109 note; Public Law 112–141) is amended—

(1)

in subparagraph (A), by striking $5,000,000 and inserting $6,000,000; and

(2)

in subparagraph (B), by striking $30,000,000 and inserting $35,000,000.

1318.

Certain gathering lines located on Federal land and Indian land

(a)

Definitions

In this section:

(1)

Federal land

(A)

In general

The term Federal land means land the title to which is held by the United States.

(B)

Exclusions

The term Federal land does not include—

(i)

a unit of the National Park System;

(ii)

a unit of the National Wildlife Refuge System;

(iii)

a component of the National Wilderness Preservation System;

(iv)

a wilderness study area within the National Forest System; or

(v)

Indian land.

(2)

Gathering line and associated field compression or pumping unit

(A)

In general

The term gathering line and associated field compression or pumping unit means—

(i)

a pipeline that is installed to transport oil, natural gas and related constituents, or produced water from 1 or more wells drilled and completed to produce oil or gas; and

(ii)

if necessary, 1 or more compressors or pumps to raise the pressure of the transported oil, natural gas and related constituents, or produced water to higher pressures necessary to enable the oil, natural gas and related constituents, or produced water to flow into pipelines and other facilities.

(B)

Inclusions

The term gathering line and associated field compression or pumping unit includes a pipeline or associated compression or pumping unit that is installed to transport oil or natural gas from a processing plant to a common carrier pipeline or facility.

(C)

Exclusions

The term gathering line and associated field compression or pumping unit does not include a common carrier pipeline.