,,ii #aadth ,,congress #ast ,session ,s4 #afdg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bc1 #bjae,mr4 ,inhofe 7for himself1 ,mrs4 ,boxer1 ,mr4 ,vitter1 and ,mr4 ,carper7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend title #bc1 ,united ,states ,code1 to authorize funds for ,federal-aid highways and highway safety construction programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,developing a ,reliable and ,innovative ,vision for the ,economy ,act or the ,,drive ,act4 #b4 ,definitions2 table of contents 7a7 ,definitions ,in this ,act3 7#a7 ,department ,the term ,department means the ,department of ,transportation4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,definitions2 table of contents4 ,,title ,i--,federal-aid highways ,subtitle ,a--,authorizations and programs ,sec4 #ajja4 ,authorization of appropriations4 ,sec4 #ajjb4 ,obligation ceiling4 ,sec4 #ajjc4 ,apportionment4 ,sec4 #ajjd4 ,surface transportation program4 ,sec4 #ajje4 ,metropolitan transportation planning4 ,sec4 #ajjf4 ,statewide and nonmetropolitan transportation planning4 ,sec4 #ajjg4 ,highway use tax evasion projects4 ,sec4 #ajjh4 ,bundling of bridge projects4 ,sec4 #ajji4 ,flexibility for certain rural road and bridge projects4 ,sec4 #ajaj4 ,construction of ferry boats and ferry terminal facilities4 ,sec4 #ajaa4 ,highway safety improvement program4 ,sec4 #ajab4 ,data collection on unpaved public roads4 ,sec4 #ajac4 ,congestion mitigation and air quality improvement program4 ,sec4 #ajad4 ,national freight program4 ,sec4 #ajae4 ,assistance for major projects program4 ,sec4 #ajaf4 ,transportation alternatives4 ,sec4 #ajag4 ,consolidation of programs4 ,sec4 #ajah4 ,state flexibility for ,national ,highway ,system modifications4 ,sec4 #ajai4 ,toll roads1 bridges1 tunnels1 and ferries4 ,sec4 #ajbj4 ,,hov facilities4 ,sec4 #ajba4 ,interstate system reconstruction and rehabilitation pilot program4 ,sec4 #ajbb4 ,emergency relief for federally owned roads4 ,sec4 #ajbc4 ,bridges requiring closure or load restrictions4 ,sec4 #ajbd4 ,national electric vehicle charging and natural gas fueling corridors4 ,sec4 #ajbe4 ,asset management4 ,sec4 #ajbf4 ,tribal transportation program amendment4 ,sec4 #ajbg4 ,nationally significant ,federal lands and tribal projects program4 ,sec4 #ajbh4 ,federal lands programmatic activities4 ,sec4 #ajbi4 ,federal lands transportation program4 ,subtitle ,b--,acceleration of project delivery ,sec4 #aaja4 ,categorical exclusion for projects of limited ,federal assistance4 ,sec4 #aajb4 ,programmatic agreement template4 ,sec4 #aajc4 ,agency coordination4 ,sec4 #aajd4 ,initiation of environmental review process4 ,sec4 #aaje4 ,improving collaboration for accelerated decisionmaking4 ,sec4 #aajf4 ,accelerated decisionmaking in environmental reviews4 ,sec4 #aajg4 ,improving transparency in environmental reviews4 ,sec4 #aajh4 ,integration of planning and environmental review4 ,sec4 #aaji4 ,use of programmatic mitigation plans4 ,sec4 #aaaj4 ,adoption of ,departmental environmental documents4 ,sec4 #aaaa4 ,technical assistance for ,states4 ,sec4 #aaab4 ,surface transportation project delivery program4 ,sec4 #aaac4 ,categorical exclusions for multimodal projects4 ,sec4 #aaad4 ,modernization of the environmental review process4 ,sec4 #aaae4 ,service club1 charitable association1 or religious service signs4 ,sec4 #aaaf4 ,satisfaction of requirements for certain historic sites4 ,sec4 #aaag4 ,bridge exemption from consideration under certain provisions4 ,sec4 #aaah4 ,elimination of barriers to improve at-risk bridges4 ,sec4 #aaai4 ,at-risk project preagreement authority4 ,subtitle ,c--,miscellaneous ,sec4 #abja4 ,credits for untaxed transportation fuels4 ,sec4 #abjb4 ,justification reports for access points on the ,interstate ,system4 ,sec4 #abjc4 ,exemptions4 ,sec4 #abjd4 ,high priority corridors on the national highway system4 ,sec4 #abje4 ,repeat intoxicated driver law4 ,sec4 #abjf4 ,vehicle-to-infrastructure equipment4 ,sec4 #abjg4 ,designated projects4 ,sec4 #abjh4 ,relinquishment4 ,sec4 #abji4 ,transfer and sale of toll credits4 ,sec4 #abaj4 ,regional infrastructure accelerator demonstration program4 ,,title ,,ii--,transportation innovation ,subtitle ,a--,research ,sec4 #bjja4 ,research1 technology1 and education4 ,sec4 #bjjb4 ,intelligent transportation systems4 ,sec4 #bjjc4 ,future interstate study4 ,sec4 #bjjd4 ,researching surface transportation system funding alternatives4 ,subtitle ,b--,data ,sec4 #baja4 ,tribal data collection4 ,sec4 #bajb4 ,performance management data support program4 ,subtitle ,c--,transparency and best practices ,sec4 #bbja4 ,every ,day ,counts initiative4 ,sec4 #bbjb4 ,department of ,transportation performance measures4 ,sec4 #bbjc4 ,grant program for achievement in transportation for performance and innovation4 ,sec4 #bbjd4 ,highway trust fund transparency and accountability4 ,sec4 #bbje4 ,report on highway trust fund administrative expenditures4 ,sec4 #bbjf4 ,availability of reports4 ,sec4 #bbjg4 ,performance period adjustment4 ,sec4 #bbjh4 ,design standards4 ,,title ,,iii--,transportation infrastructure finance and innovation act of #aiih amendments ,sec4 #cjja4 ,transportation ,infrastructure ,finance and ,innovation ,act of #aiih amendments4 ,,title ,,iv--,technical corrections to ,,map-#ba ,sec4 #djja4 ,technical corrections4 ,,title ,v--,miscellaneous ,sec4 #ejja4 ,appalachian development highway system4 ,sec4 #ejjb4 ,appalachian regional development program4 ,,title ,,vi--,extension of ,federal-aid highway programs ,sec4 #fjja4 ,extension of ,federal-aid highway programs4 ,sec4 #fjjb4 ,administrative expenses4 ,i ,federal-aid highways ,a ,authorizations and programs #ajja4 ,authorization of appropriations 7a7 ,in general ,the following sums are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,federal-aid highway program ,for the national highway performance program under section #aai of title #bc1 ,united ,states ,code1 the surface transportation program under section #acc of that title1 the highway safety improvement program under section #adh of that title1 the congestion mitigation and air quality improvement program under section #adi of that title1 the national freight program under section #afg of that title1 and to carry out section #acd of that title-- 7,a7 #dj1egi1ejj1jjj for fiscal year #bjaf2 7,b7 #da1dba1cjj1jjj for fiscal year #bjag2 7,c7 #db1cbg1ajj1jjj for fiscal year #bjah2 7,d7 #dc1cjj1djj1jjj for fiscal year #bjai2 7,e7 #dd1cid1gjj1jjj for fiscal year #bjbj2 and 7,f7 #de1eae1ijj1jjj for fiscal year #bjba4 7#b7 ,transportation infrastructure finance and innovation program ,for credit assistance under the transportation infrastructure finance and innovation program under chapter #f of title #bc1 ,united ,states ,code1 #fge1jjj1jjj for each of fiscal years #bjaf through #bjba4 7#c7 ,federal lands and tribal transportation programs 7,a7 ,tribal transportation program ,for the tribal transportation program under section #bjb of title #bc1 ,united ,states ,code-- 7i7 #dfj1jjj1jjj for fiscal year #bjaf2 7ii7 #dgj1jjj1jjj for fiscal year #bjag2 7iii7 #dhj1jjj1jjj for fiscal year #bjah2 7iv7 #dij1jjj1jjj for fiscal year #bjai2 7v7 #ejj1jjj1jjj for fiscal year #bjbj2 and 7vi7 #eaj1jjj1jjj for fiscal year #bjba4 7,b7 ,federal lands transportation program 7i7 ,authorization ,for the ,federal lands transportation program under section #bjc of title #bc1 ,united ,states ,code-- 7,i7 #cje1jjj1jjj for fiscal year #bjaf2 7,,ii7 #caj1jjj1jjj for fiscal year #bjag2 7,,iii7 #cae1jjj1jjj for fiscal year #bjah2 7,,iv7 #cbj1jjj1jjj for fiscal year #bjai2 7,v7 #cbe1jjj1jjj for fiscal year #bjbj2 and 7,,vi7 #ccj1jjj1jjj for fiscal year #bjba4 7ii7 ,special rule 7,i7 #bdj1jjj1jjj of the amount made available for each fiscal year shall be the amount for the ,national ,park ,service2 and 7,,ii7 #cj1jjj1jjj of the amount made available for each fiscal year shall be the amount for the ,united ,states ,fish and ,wildlife ,service4 7,c7 ,federal lands access program ,for the ,federal lands access program under section #bjd of title #bc1 ,united ,states ,code-- 7i7 #bee1jjj1jjj for fiscal year #bjaf2 7ii7 #bfj1jjj1jjj for fiscal year #bjag2 7iii7 #bfe1jjj1jjj for fiscal year #bjah2 7iv7 #bgj1jjj1jjj for fiscal year #bjai2 7v7 #bge1jjj1jjj for fiscal year #bjbj2 and 7vi7 #bhj1jjj1jjj for fiscal year #bjba4 7#d7 ,territorial and puerto rico highway program ,for the territorial and ,puerto ,rico highway program under section #afe of title #bc1 ,united ,states ,code1 #aij1jjj1jjj for each of fiscal years #bjaf through #bjba4 7#e7 ,assistance for major projects program ,for the assistance for major projects program under section #aga of title #bc1 ,united ,states ,code-- 7,a7 #cjj1jjj1jjj for fiscal year #bjaf2 7,b7 #cej1jjj1jjj for fiscal year #bjag2 7,c7 #djj1jjj1jjj for fiscal year #bjah2 7,d7 #dej1jjj1jjj for fiscal year #bjai2 7,e7 #dej1jjj1jjj for fiscal year #bjbj2 and 7,f7 #dej1jjj1jjj for fiscal year #bjba4 7b7 ,research1 technology1 and education authorizations 7#a7 ,in general ,the following sums are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7,a7 ,highway research and development program ,to carry out the highway research and development program under section #ejc7;b7 of title #bc1 ,united ,states ,code1 #ace1jjj1jjj for each of fiscal years #bjaf through #bjba4 7,b7 ,technology and innovation deployment program ,to carry out the technology and innovation deployment program under section #ejc7;c7 of title #bc1 ,united ,states ,code1 #fb1ejj1jjj for each of fiscal years #bjaf through #bjba4 7,c7 ,training and education ,to carry out training and education under section #ejd of title #bc1 ,united ,states ,code1 #bd1jjj1jjj for each of fiscal years #bjaf through #bjba4 7,d7 ,intelligent transportation systems program ,to carry out the intelligent transportation systems program under sections #eab through #eah of title #bc1 ,united ,states ,code1 #ajj1jjj1jjj for each of fiscal years #bjaf through #bjba4 7,e7 ,university transportation centers program ,to carry out the university transportation centers program under section #eeje of title #di1 ,united ,states ,code1 #gb1ejj1jjj for each of fiscal years #bjaf through #bjba4 7,f7 ,bureau of ,transportation ,statistics ,to carry out chapter #fc of title #di1 ,united ,states ,code1 #bf1jjj1jjj for each of fiscal years #bjaf through #bjba4 7#b7 ,administration ,the ,federal ,highway ,administration shall administer the programs described in subparagraphs 7,d7 through 7,f7 of paragraph 7#a74 7#c7 ,applicability of title #bc1 united states code ,funds authorized to be appropriated by paragraph 7#a7 shall-- 7,a7 be available for obligation in the same manner as if those funds were apportioned under chapter #a of title #bc1 ,united ,states ,code2 7,b7 remain available until expended2 and 7,c7 not be transferable4 7c7 ,disadvantaged business enterprises 7#a7 ,findings ,congress finds that-- 7,a7 while significant progress has occurred due to the establishment of the disadvantaged business enterprise program1 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 ,states2 7,b7 the continuing barriers described in subparagraph 7,a7 merit the continuation of the disadvantaged business enterprise program2 7,c7 ,congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources1 including congressional hearings and roundtables1 scientific reports1 reports issued by public and private agencies1 news stories1 reports of discrimination by organizations and individuals1 and discrimination lawsuits1 which show that race- and gender-neutral efforts alone are insufficient to address the problem2 7,d7 the testimony and documentation described in subparagraph 7,c7 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 markets2 and 7,e7 the testimony and documentation described in subparagraph 7,c7 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 business4 7#b7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,small business concern 7i7 ,in general ,the term small business concern means a small business concern 7as the term is used in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7ii7 ,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 #c fiscal years in excess of #bb1daj1jjj1 as adjusted annually by the ,secretary for inflation4 7,b7 ,socially and economically disadvantaged individuals ,the term socially and economically disadvantaged individuals has the meaning given the term in section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77 and relevant subcontracting regulations issued pursuant to that ,act1 except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection4 7#c7 ,amounts for small business concerns ,except to the extent that the ,secretary determines otherwise1 not less than #aj percent of the amounts made available for any program under title ,i of this ,act and section #djc of title #bc1 ,united ,states ,code1 shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals4 7#d7 ,annual listing of disadvantaged business enterprises ,each ,state shall annually-- 7,a7 survey and compile a list of the small business concerns referred to in paragraph 7#b7 in the ,state1 including the location of the small business concerns in the ,state2 and 7,b7 notify the ,secretary1 in writing1 of the percentage of the small business concerns that are controlled by-- 7i7 women2 7ii7 socially and economically disadvantaged individuals 7other than women72 and 7iii7 individuals who are women and are otherwise socially and economically disadvantaged individuals4 7#e7 ,uniform certification 7,a7 ,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 subsection4 7,b7 ,inclusions ,the minimum uniform criteria established under subparagraph 7,a7 shall include1 with respect to a potential small business concern-- 7i7 on-site visits2 7ii7 personal interviews with personnel2 7iii7 issuance or inspection of licenses2 7iv7 analyses of stock ownership2 7v7 listings of equipment2 7vi7 analyses of bonding capacity2 7vii7 listings of work completed2 7viii7 examination of the resumes of principal owners2 7ix7 analyses of financial capacity2 and 7x7 analyses of the type of work preferred4 7#f7 ,reporting ,the ,secretary shall establish minimum requirements for use by ,state governments in reporting to the ,secretary-- 7,a7 information concerning disadvantaged business enterprise awards1 commitments1 and achievements2 and 7,b7 such other information as the ,secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program4 7#g7 ,compliance with court orders ,nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under title ,i of this ,act and section #djc of title #bc1 ,united ,states ,code1 if the individual or entity is prevented1 in whole or in part1 from complying with paragraph 7#b7 because a ,federal court issues a final order in which the court finds that a requirement or the implementation of paragraph 7#b7 is unconstitutional4 7d7 ,conforming amendment ,section #aaja7;b7 of ,,map-#ba 7,public ,law #aab-ada2 #abf ,stat4 #dad7 is repealed4 #ajjb4 ,obligation ceiling 7a7 ,general limitation ,subject to subsection 7e71 and notwithstanding any other provision of law1 the obligations for ,federal-aid highway and highway safety construction programs shall not exceed-- 7#a7 #dc1jgf1ejj1jjj for fiscal year #bjaf2 7#b7 #dc1iig1cjj1jjj for fiscal year #bjag2 7#c7 #dd1ihb1ajj1jjj for fiscal year #bjah2 7#d7 #df1jcd1djj1jjj for fiscal year #bjai2 7#e7 #dg1aeg1gjj1jjj for fiscal year #bjbj2 and 7#f7 #dh1cjg1ijj1jjj for fiscal year #bjba4 7b7 ,exceptions ,the limitations under subsection 7a7 shall not apply to obligations under or for-- 7#a7 section #abe of title #bc1 ,united ,states ,code2 7#b7 section #adg of the ,surface ,transportation ,assistance ,act of #aigh 7#bc ,u4,s4,c4 #add note2 #ib ,stat4 #bgad72 7#c7 section #i of the ,federal-,aid ,highway ,act of #aiha 7#ie ,stat4 #agja72 7#d7 subsections 7b7 and 7j7 of section #aca of the ,surface ,transportation ,assistance ,act of #aihb 7#if ,stat4 #baai72 7#e7 subsections 7b7 and 7c7 of section #adi of the ,surface ,transportation and ,uniform ,relocation ,assistance ,act of #aihg 7#aja ,stat4 #aih72 7#f7 sections #aajc through #aajh of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7#aje ,stat4 #bjbg72 7#g7 section #aeg of title #bc1 ,united ,states ,code 7as in effect on ,june #h1 #aiih72 7#h7 section #aje of title #bc1 ,united ,states ,code 7as in effect for fiscal years #aiih through #bjjd1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#i7 section #aje of title #bc1 ,united ,states ,code 7as in effect for fiscal years #bjje through #bjab1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#aj7 ,federal-aid highway programs for which obligation authority was made available under the ,transportation ,equity ,act for the #bast ,century 7#aab ,stat4 #ajg7 or subsequent ,acts for multiple years or to remain available until expended1 but only to the extent that the obligation authority has not lapsed or been used2 7#aa7 section #afjc of ,,safetea-,,lu 7#bc ,u4,s4,c4 #aah note2 #aai ,stat4 #abdh71 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 obligation2 7#ab7 section #aai of title #bc1 ,united ,states ,code 7as in effect for fiscal years #bjac through #bjae1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 and 7#ac7 section #aai of title #bc1 ,united ,states ,code 7but1 for each of fiscal years #bjaf through #bjba1 only in an amount equal to #fci1jjj1jjj for each of those fiscal years74 7c7 ,distribution of obligation authority ,for each of fiscal years #bjaf through #bjba1 the ,secretary shall-- 7#a7 not distribute obligation authority provided by subsection 7a7 for the fiscal year for-- 7,a7 amounts authorized for administrative expenses and programs by section #ajd7;a7 of title #bc1 ,united ,states ,code2 and 7,b7 amounts authorized for the ,bureau of ,transportation ,statistics2 7#b7 not distribute an amount of obligation authority provided by subsection 7a7 that is equal to the unobligated balance of amounts-- 7,a7 made available from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for ,federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the ,secretary 7or apportioned by the ,secretary under section #bjb or #bjd of title #bc1 ,united ,states ,code72 and 7,b7 for which obligation authority was provided in a previous fiscal year2 7#c7 determine the proportion that-- 7,a7 an amount equal to the difference between-- 7i7 the obligation authority provided by subsection 7a7 for the fiscal year2 and 7ii7 the aggregate amount not distributed under paragraphs 7#a7 and 7#b72 bears to 7,b7 an amount equal to the difference between-- 7i7 the total of the sums authorized to be appropriated for the ,federal-aid highway and highway safety construction programs 7other than sums authorized to be appropriated for provisions of law described in paragraphs 7#a7 through 7#ab7 of subsection 7b7 and sums authorized to be appropriated for section #aai of title #bc1 ,united ,states ,code1 equal to the amount referred to in subsection 7b77#ac7 for the fiscal year72 and 7ii7 the aggregate amount not distributed under paragraphs 7#a7 and 7#b72 7#d7 distribute the obligation authority provided by subsection 7a71 less the aggregate amount not distributed under paragraphs 7#a7 and 7#b71 for each of the programs 7other than programs to which paragraph 7#a7 applies7 that are allocated by the ,secretary under this ,act and title #bc1 ,united ,states ,code1 or apportioned by the ,secretary under section #bjb or #bjd of that title1 by multiplying-- 7,a7 the proportion determined under paragraph 7#c72 by 7,b7 the amounts authorized to be appropriated for each such program for the fiscal year2 and 7#e7 distribute the obligation authority provided by subsection 7a71 less the aggregate amount not distributed under paragraphs 7#a7 and 7#b7 and the amounts distributed under paragraph 7#d71 for ,federal-aid highway and highway safety construction programs that are apportioned by the ,secretary under title #bc1 ,united ,states ,code 7other than the amounts apportioned for the national highway performance program under section #aai of title #bc1 ,united ,states ,code1 that are exempt from the limitation under subsection 7b77#ac7 and the amounts apportioned under sections #bjb and #bjd of that title71 in the proportion that-- 7,a7 amounts authorized to be appropriated for the programs that are apportioned under title #bc1 ,united ,states ,code1 to each ,state for the fiscal year2 bears to 7,b7 the total of the amounts authorized to be appropriated for the programs that are apportioned under title #bc1 ,united ,states ,code1 to all ,states for the fiscal year4 7d7 ,redistribution of unused obligation authority ,notwithstanding subsection 7c71 the ,secretary shall1 after ,august #a of each of fiscal years #bjaf through #bjba-- 7#a7 revise a distribution of the obligation authority made available under subsection 7c7 if an amount distributed cannot be obligated during that fiscal year2 and 7#b7 redistribute sufficient amounts to those ,states able to obligate amounts in addition to those previously distributed during that fiscal year1 giving priority to those ,states having large unobligated balances of funds apportioned under sections #add 7as in effect on the day before the date of enactment of ,,map-#ba 7#abf ,stat4 #dje77 and #ajd of title #bc1 ,united ,states ,code4 7e7 ,applicability of obligation limitations to transportation research programs 7#a7 ,in general ,except as provided in paragraph 7#b71 obligation limitations imposed by subsection 7a7 shall apply to contract authority for transportation research programs carried out under chapter #e of title #bc1 ,united ,states ,code4 7#b7 ,exception ,obligation authority made available under paragraph 7#a7 shall-- 7,a7 remain available for a period of #d fiscal years2 and 7,b7 be in addition to the amount of any limitation imposed on obligations for ,federal-aid highway and highway safety construction programs for future fiscal years4 7f7 ,redistribution of certain authorized funds 7#a7 ,in general ,not later than #cj days after the date of distribution of obligation authority under subsection 7c7 for each of fiscal years #bjaf through #bjba1 the ,secretary shall distribute to the ,states any funds 7excluding funds authorized for the program under section #bjb of title #bc1 ,united ,states ,code7 that-- 7,a7 are authorized to be appropriated for the fiscal year for ,federal-aid highway programs2 and 7,b7 the ,secretary determines will not be allocated to the ,states 7or will not be apportioned to the ,states under section #bjd of title #bc1 ,united ,states ,code71 and will not be available for obligation1 for the fiscal year because of the imposition of any obligation limitation for the fiscal year4 7#b7 ,ratio ,funds shall be distributed under paragraph 7#a7 in the same proportion as the distribution of obligation authority under subsection 7c77#e74 7#c7 ,availability ,funds distributed to each ,state under paragraph 7#a7 shall be available for any purpose described in section #acc7;b7 of title #bc1 ,united ,states ,code4 #ajjc4 ,apportionment 7a7 ,in general ,section #ajd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 #def1jjj1jjj for fiscal year #bjaf2 7,b7 #dfe1jjj1jjj for fiscal year #bjag2 7,c7 #dgd1jjj1jjj for fiscal year #bjah2 7,d7 #dhc1jjj1jjj for fiscal year #bjai2 7,e7 #dib1jjj1jjj for fiscal year #bjbj2 and 7,f7 #eja1jjj1jjj for fiscal year #bjba4 2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking and the congestion mitigation and air quality improvement program and inserting the congestion mitigation and air quality improvement program1 the national freight program2 7,b7 in each of paragraphs 7#a71 7#b71 and 7#c7 by striking paragraphs 7#d7 and 7#e7 each place it appears and inserting paragraphs 7#d71 7#e71 and 7#f71 and section #bac7;a72 7,c7 in paragraph 7#a71 by striking #fc4g percent and inserting #fe percent2 7,d7 in paragraph 7#b71 by striking #bi4c percent and inserting #bi percent2 7,e7 in paragraph 7#c71 by striking #g percent and inserting #f percent2 7,f7 in paragraph 7#d71 in the matter preceding subparagraph 7,a71 by striking determined for the ,state under subsection 7c7 and inserting remaining under subsection 7c7 after making the set-aside in accordance with paragraph 7#e7 and section #bac7;a72 7,g7 by redesignating paragraph 7#e7 as paragraph 7#f72 7,h7 by inserting after paragraph 7#d7 the following3 7#e7 ,national freight program 7,a7 ,in general ,for the national freight program under section #afg1 the ,secretary shall set aside from the amount determined for a ,state under subsection 7c7 an amount determined for the ,state under subparagraphs 7,b7 and 7,c74 7,b7 ,total amount ,the total amount set aside for the national freight program for all ,states shall be-- 7i7 #b1jjj1jjj1jjj for fiscal year #bjaf2 7ii7 #b1ajj1jjj1jjj for fiscal year #bjag2 7iii7 #b1bjj1jjj1jjj for fiscal year #bjah2 7iv7 #b1cjj1jjj1jjj for fiscal year #bjai2 7v7 #b1djj1jjj1jjj for fiscal year #bjbj2 and 7vi7 #b1ejj1jjj1jjj for fiscal year #bjba4 7,c7 ,state share ,the ,secretary shall distribute among the ,states the total set-aside amount for the national freight program under subparagraph 7,b7 so that each ,state receives an amount equal to the proportion that-- 7i7 the total set-aside amount2 bears to 7ii7 the ,state total apportionments determined under subsection 7c74 7,d7 ,metropolitan planning ,of the amount set aside under this paragraph for a ,state1 the ,secretary shall use to carry out section #acd an amount determined by multiplying the set-aside amount by the proportion that-- 7i7 the amount apportioned to the ,state to carry out section #acd for fiscal year #bjji2 bears to 7ii7 the total amount of funds apportioned to the ,state for that fiscal year for the programs referred to in section #aje7;a77#b71 except for the high priority projects program referred to in section #aje7;a77#b77;,h7 7as in effect on the day before the date of enactment of ,,map-#ba 7,public ,law #aab-ada2 #abf ,stat4 #dje774 2 and 7,i7 in paragraph 7#f7 7as redesignated by subparagraph 7,g771 in the matter preceding subparagraph 7,a71 by striking determined for the ,state under subsection 7c7 and inserting remaining under subsection 7c7 after making the set-aside in accordance with paragraph 7#e7 and section #bac7;a72 and 7#c7 in subsection 7c7 by adding at the end the following3 7#c7 ,for fiscal years #bjaf through #bjba 7,a7 ,state share ,for each of fiscal years #bjaf through #bjba1 the amount for each ,state of combined apportionments for the national highway performance program under section #aai1 the surface transportation program under section #acc1 the highway safety improvement program under section #adh1 the congestion mitigation and air quality improvement program under section #adi1 the national freight program under section #afg1 the transportation alternatives program under section #bac1 and to carry out section #acd1 shall be determined as follows3 7i7 ,initial amount ,the initial amount for each ,state shall be determined by multiplying the total amount available for apportionment by the share for each ,state1 which shall be equal to the proportion that-- 7,i7 the amount of apportionments that the ,state received for fiscal year #bjad2 bears to 7,,ii7 the amount of those apportionments received by all ,states for that fiscal year4 7ii7 ,adjustments to amounts ,the initial amounts resulting from the calculation under clause 7i7 shall be adjusted to ensure that1 for each ,state1 the amount of combined apportionments for the programs shall not be less than #ie percent of the estimated tax payments attributable to highway users in the ,state paid into the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 in the most recent fiscal year for which data are available4 7,b7 ,state apportionment ,for each of fiscal years #bjaf through #bjba1 on ,october #a1 the ,secretary shall apportion the sum authorized to be appropriated for expenditure on the national highway performance program under section #aai1 the surface transportation program under section #acc1 the highway safety improvement program under section #adh1 the congestion mitigation and air quality improvement program under section #adi1 the national freight program under section #afg1 the transportation alternatives program under section #bac1 and to carry out section #acd in accordance with subparagraph 7,a74 4 7b7 ,conforming amendments 7#a7 ,section #ajd7;d77#a77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking subsection 7b77#e7 each place it appears and inserting paragraphs 7#e77;,d7 and 7#f7 of subsection 7b74 7#b7 ,section #abj7;c77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking or 7#e7 and inserting 7#e77;,d71 or 7#f72 and 7,b7 in subparagraph 7,c77i71 by striking and 7#e7 and inserting 7#e77;,d71 and 7#f74 7#c7 ,section #ace7;i7 of title #bc1 ,united ,states ,code1 is amended by striking section #ajd7;b77#e7 and inserting paragraphs 7#e77;,d7 and 7#f7 of section #ajd7;b74 7#d7 ,section #acf7;b7 of title #bc1 ,united ,states ,code1 is amended in the first sentence by striking paragraphs 7#a7 through 7#e7 of section #ajd7;b7 and inserting paragraphs 7#a7 through 7#f7 of section #ajd7;b74 7#e7 ,section #ada7;b77#b7 of title #bc1 ,united ,states ,code1 is amended by striking paragraphs 7#a7 through 7#e7 of section #ajd7;b7 and inserting paragraphs 7#a7 through 7#f7 of section #ajd7;b74 7#f7 ,section #eje7;a7 of title #bc1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a7 by striking through 7#d7 and inserting through 7#e74 #ajjd4 ,surface transportation program ,section #acc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#aj71 by inserting 1 including emergency evacuation plans after programs2 and 7,b7 in paragraph 7#ac71 by adding a period at the end2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking the semicolon at the end and inserting or for projects described in paragraphs 7#b71 7#d71 7#f71 7#g71 7#aa71 7#bj71 7#be71 and 7#bf7 of subsection 7b72 and2 7,b7 by striking paragraph 7#b72 and 7,c7 by redesignating paragraph 7#c7 as paragraph 7#b72 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking #ej percent and inserting #ee percent2 7,,ii7 in clause 7ii71 by striking greater than #e1jjj and inserting of #e1jjj or more2 and 7,,iii7 in clause 7iii71 by striking 2 and at the end and inserting a period2 and 7ii7 in subparagraph 7,b71 by striking #ej percent and inserting #de percent2 and 7,b7 in paragraph 7#c7-- 7i7 by striking paragraph 7#a77;,a77ii7 and inserting paragraph 7#a77;,a77iii72 and 7ii7 by striking greater than #e1jjj and less than #bjj1jjj and inserting of #e1jjj to #bjj1jjj2 7#d7 in subsection 7f77#a7-- 7,a7 by striking #ajd7;b77#c7 and inserting #ajd7;b77#b72 and 7,b7 by striking the period of fiscal years #bjaa through #bjad and inserting each fiscal year2 7#e7 by redesignating subsection 7h7 as subsection 7i72 7#f7 in subsection 7g7-- 7,a7 by striking the subsection designation and heading and all that follows through paragraph 7#a7 and inserting the following3 7g7 ,bridges off the ,national ,highway ,system 7#a7 ,definition of off-,,nhs bridge ,in this subsection1 the term off-,,nhs bridge means a highway bridge located on a public road1 other than a bridge on the ,national ,highway ,system4 2 7,b7 in paragraph 7#b7-- 7i7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,set-aside ,each ,state shall obligate for replacement 7including replacement with fill material71 rehabilitation1 preservation1 and protection 7including scour countermeasures1 seismic retrofits1 impact protection measures1 security countermeasures1 and protection against extreme events7 for off-,,nhs bridges an amount equal to the greater of-- 7i7 #ae percent of the amount apportioned to the ,state under section #ajd7;b77#b72 and 7ii7 an amount equal to at least #aaj percent of the amount of funds the ,state set aside for off-system bridges in fiscal year #bjad4 2 and 7ii7 in subparagraph 7,b71 by striking off-system and inserting off-,,nhs2 and 7,c7 by redesignating paragraph 7#c7 as subsection 7h72 7#g7 in subsection 7h7 7as so redesignated7-- 7,a7 by striking the heading and inserting ,credit for bridges not on the ,national ,highway ,system4--2 7,b7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively1 and indenting appropriately2 and 7,c7 in the matter preceding paragraph 7#a7 7as so redesignated7-- 7i7 by striking the replacement of a bridge or rehabilitation of2 and 7ii7 by striking 1 and is determined by the ,secretary upon completion to be no longer a deficient bridge2 and 7#h7 in subsection 7i77#a7 7as redesignated by paragraph 7#e771 by striking under subsection 7d77#a77;,a77iii7 for each of fiscal years #bjac through #bjad and inserting under subsection 7d77#a77;,a77ii7 for each fiscal year4 #ajje4 ,metropolitan transportation planning ,section #acd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by inserting resilient before surface transportation systems2 7#b7 in subsection 7c77#b71 by striking and bicycle transportation facilities and inserting 1 bicycle transportation facilities1 intermodal facilities that support intercity transportation1 including intercity buses and intercity bus facilities1 and commuter vanpool providers2 7#c7 in subsection 7d7-- 7,a7 by redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#d7 through 7#g71 respectively2 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,representation 7,a7 ,in general ,designation or selection of officials or representatives under paragraph 7#b7 shall be determined by the metropolitan planning organization according to the bylaws or enabling statute of the organization4 7,b7 ,public transportation representative ,subject to the bylaws or enabling statute of the metropolitan planning organization1 a representative of a provider of public transportation may also serve as a representative of a local municipality4 7,c7 ,powers of certain officials ,an official described in paragraph 7#b77;,b7 shall have responsibilities1 actions1 duties1 voting rights1 and any other authority commensurate with other officials described in paragraph 7#b77;,b74 2 and 7,c7 in paragraph 7#e7 7as redesignated by subparagraph 7,a771 by striking paragraph 7#e7 and inserting paragraph 7#f72 7#d7 in subsection 7e77#d77;,b71 by striking subsection 7d77#e7 and inserting subsection 7d77#f72 7#e7 in subsection 7g77#c77;,a71 by inserting natural disaster risk reduction1 after environmental protection12 7#f7 in subsection 7h7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,g71 by striking and at the end2 7ii7 in subparagraph 7,h71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,i7 improve the resilience and reliability of the transportation system4 2 and 7,b7 in paragraph 7#b77;,a71 by striking and in section #ecja7;c7 of title #di and inserting and the general purposes described in section #ecja of title #di2 7#g7 in subsection 7i7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a77i71 by striking transit and inserting public transportation facilities1 intercity bus facilities2 7ii7 in subparagraph 7,g7-- 7,i7 by striking and provide and inserting 1 provide2 and 7,,ii7 by inserting 1 and reduce vulnerability due to natural disasters of the existing transportation infrastructure before the period at the end2 and 7iii7 in subparagraph 7,h71 by inserting 1 including consideration of the role that intercity buses may play in reducing congestion1 pollution1 and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems1 including systems that are privately owned and operated before the period at the end2 7,b7 in paragraph 7#f77;,a7-- 7i7 by inserting public ports1 before freight shippers12 and 7ii7 by inserting 7including intercity bus operators and commuter vanpool providers7 after private providers of transportation2 and 7,c7 in paragraph 7#h71 by striking 7#b77;,c7 each place it appears and inserting 7#b77;,e72 7#h7 in subsection 7j77#e77;,a71 by striking subsection 7k77#d7 and inserting subsection 7k77#c72 7#i7 in subsection 7k7-- 7,a7 by striking paragraph 7#c72 and 7,b7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively2 7#aj7 in subsection 7l7-- 7,a7 in paragraph 7#a71 by adding a period at the end2 and 7,b7 in paragraph 7#b77;,d71 by striking of less than #bjj1jjj and inserting with a population of #bjj1jjj or less2 7#aa7 by striking subsection 7n72 7#ab7 by redesignating subsections 7o7 through 7q7 as subsections 7n7 through 7p71 respectively2 and 7#ac7 in subsection 7o7 7as so redesignated71 by striking set aside under section #ajd7;f7 and inserting apportioned under paragraphs 7#e77;,d7 and 7#f7 of section #ajd7;b74 #ajjf4 ,statewide and nonmetropolitan transportation planning 7a7 ,in general ,section #ace of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b71 by striking and bicycle transportation facilities and inserting 1 bicycle transportation facilities1 intermodal facilities that support intercity transportation1 including intercity buses and intercity bus facilities1 and commuter vanpool providers2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,g71 by striking and at the end2 7ii7 in subparagraph 7,h71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,i7 improve the resilience and reliability of the transportation system4 2 and 7,b7 in paragraph 7#b77;,a71 by striking and in section #ecja7;c7 of title #di and inserting and the general purposes described in section #ecja of title #di2 7#c7 in subsection 7e77#a71 by striking subsection 7m7 and inserting subsection 7l72 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#b77;,b77i71 by striking subsection 7m7 and inserting subsection 7l72 7,b7 in paragraph 7#c77;,a7-- 7i7 in clause 7i71 by striking subsection 7m7 and inserting subsection 7l72 and 7ii7 in clause 7ii71 by inserting 7including intercity bus operators and commuter vanpool providers7 after private providers of transportation2 7,c7 in paragraph 7#g71 in the matter preceding subparagraph 7,a71 by striking should and inserting shall2 and 7,d7 in paragraph 7#h71 by inserting 1 including consideration of the role that intercity buses may play in reducing congestion1 pollution1 and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems1 including systems that are privately owned and operated before the period at the end2 7#e7 in subsection 7g7-- 7,a7 in paragraph 7#b77;,b77i71 by striking subsection 7m7 and inserting subsection 7l72 7,b7 in paragraph 7#c7-- 7i7 by inserting public ports1 before freight shippers2 and 7ii7 by inserting 7including intercity bus operators71 after private providers of transportation2 and 7,c7 in paragraph 7#f77;,a71 by striking subsection 7m7 and inserting subsection 7l72 7#f7 by striking subsection 7j72 and 7#g7 by redesignating subsections 7k7 through 7m7 as subsections 7j7 through 7l71 respectively4 7b7 ,conforming amendments ,section #acd7;b77#e7 of title #bc1 ,united ,states ,code1 is amended by striking section #ace7m7 and inserting section #ace7l74 #ajjg4 ,highway use tax evasion projects ,section #adc7;b7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#b77;,a7 and inserting the following3 7,a7 ,in general ,from administrative funds made available under section #ajd7;a71 the ,secretary shall deduct such sums as are necessary1 not to exceed #d1jjj1jjj for each fiscal year1 to carry out this section4 4 #ajjh4 ,bundling of bridge projects ,section #add of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#b77;,a71 by striking the natural condition of the bridge and inserting the natural condition of the water2 7#b7 by redesignating subsection 7j7 as subsection 7k72 7#c7 by inserting after subsection 7i7 the following3 7j7 ,bundling of bridge projects 7#a7 ,purpose ,the purpose of this subsection is to save costs and time by encouraging ,states to bundle multiple bridge projects as #a project4 7#b7 ,definition of eligible entity ,in this subsection1 the term eligible entity means an entity eligible to carry out a bridge project under section #aai or #acc4 7#c7 ,bundling of bridge projects ,an eligible entity may bundle #b or more similar bridge projects that are-- 7,a7 eligible projects under section #aai or #acc2 7,b7 included as a bundled project in a transportation improvement program under section #acd7;j7 or a statewide transportation improvement program under section #ace1 as applicable2 and 7,c7 awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and an eligible entity4 7#d7 ,itemization ,notwithstanding any other provision of law 7including regulations71 an eligible bridge project included in a bundle under this subsection may be listed as-- 7,a7 #a project for purposes of sections #acd and #ace2 and 7,b7 a single project within the applicable bundle4 7#e7 ,financial characteristics ,projects bundled under this subsection shall have the same financial characteristics1 including-- 7,a7 the same funding category or subcategory2 and 7,b7 the same ,federal share4 2 and 7#d7 in subsection 7k77#b7 7as redesignated by paragraph 7#b771 by striking #ajd7;b77#c7 and inserting #ajd7;b77#b74 #ajji4 ,flexibility for certain rural road and bridge projects 7a7 ,authority ,with respect to rural road and rural bridge projects eligible for funding under title #bc1 ,united ,states ,code1 subject to the provisions of this section and on request by a ,state1 the ,secretary may-- 7#a7 exercise all existing flexibilities under and exceptions to-- 7,a7 the requirements of title #bc1 ,united ,states ,code2 and 7,b7 other requirements administered by the ,secretary1 in whole or part2 and 7#b7 otherwise provide additional flexibility or expedited processing with respect to the requirements described in paragraph 7#a74 7b7 ,types of projects ,a rural road or rural bridge project under this section shall-- 7#a7 be located in a county that1 based on the most recent decennial census-- 7,a7 has a population density of #bj or fewer persons per square mile of land area2 or 7,b7 is the county that has the lowest population density of all counties in the ,state2 7#b7 be located within the operational right-of-way 7as defined in section #acaf7;b7 of ,,map-#ba 7#bc ,u4,s4,c4 #aji note2 #abf ,stat4 #edi77 of an existing road or bridge2 and 7#c7 7,a7 receive less than #e1jjj1jjj of ,federal funds2 or 7,b7 have a total estimated cost of not more than #cj1jjj1jjj and ,federal funds comprising less than #ae percent of the total estimated project cost4 7c7 ,process ,to assist rural projects 7#a7 ,assistance with ,federal requirements 7,a7 ,in general ,for projects under this section1 the ,secretary shall seek to provide1 to the maximum extent practicable1 regulatory relief and flexibility consistent with this section4 7,b7 ,exceptions1 exemptions1 and additional flexibility ,exceptions1 exemptions1 and additional flexibility from regulatory requirements may be granted if1 in the opinion of the ,secretary-- 7i7 the project is not expected to have a significant adverse impact on the environment2 7ii7 the project is not expected to have an adverse impact on safety2 and 7iii7 the assistance would be in the public interest for #a or more reasons1 including-- 7,i7 reduced project costs2 7,,ii7 expedited construction1 particularly in an area where the construction season is relatively short and not granting the waiver or additional flexibility could delay the project to a later construction season2 or 7,,iii7 improved safety4 7#b7 ,maintaining protections ,nothing in this subsection-- 7,a7 waives the requirements of section #aac or #ach of title #bc1 ,united ,states ,code2 7,b7 supersedes1 amends1 or modifies-- 7i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or any other ,federal environmental law2 or 7ii7 any requirement of title #bc1 ,united ,states ,code2 or 7,c7 affects the responsibility of any ,federal officer to comply with or enforce any law or requirement described in this paragraph4 #ajaj4 ,construction of ferry boats and ferry terminal facilities 7a7 ,construction of ferry boats and ferry terminal facilities ,section #adg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking ,in general and inserting ,program2 7#b7 by striking subsections 7d7 through 7g7 and inserting the following3 7d7 ,formula ,of the amounts allocated under subsection 7c7-- 7#a7 #ce percent shall be allocated among eligible entities in the proportion that-- 7,a7 the number of ferry passengers1 including passengers in vehicles1 carried by each ferry system in the most recent calendar year for which data is available2 bears to 7,b7 the number of ferry passengers1 including passengers in vehicles1 carried by all ferry systems in the most recent calendar year for which data is available2 7#b7 #ce percent shall be allocated among eligible entities in the proportion that-- 7,a7 the number of vehicles carried by each ferry system in the most recent calendar year for which data is available2 bears to 7,b7 the number of vehicles carried by all ferry systems in the most recent calendar year for which data is available2 and 7#c7 #cj percent shall be allocated among eligible entities in the proportion that-- 7,a7 the total route nautical miles serviced by each ferry system in the most recent calendar year for which data is available2 bears to 7,b7 the total route nautical miles serviced by all ferry systems in the most recent calendar year for which data is available4 7e7 ,redistribution of unobligated amounts ,the ,secretary shall-- 7#a7 withdraw amounts allocated to an eligible entity under subsection 7c7 that remain unobligated by the end of the third fiscal year following the fiscal year for which the amounts were allocated2 and 7#b7 in the subsequent fiscal year1 redistribute the funds referred to in paragraph 7#a7 in accordance with the formula under subsection 7d7 among eligible entities for which no amounts were withdrawn under paragraph 7#a74 7f7 ,minimum amount ,notwithstanding subsection 7c71 a ,state with an eligible entity that meets the requirements of this section shall receive not less than #ajj1jjj under this section for a fiscal year4 7g7 ,implementation 7#a7 ,data collection 7,a7 ,national ferry database ,amounts made available for a fiscal year under this section shall be allocated using the most recent data available1 as collected and imputed in accordance with the national ferry database established under section #ahja7;e7 of ,,safetea-,,lu 7#bc ,u4,s4,c4 #abi note2 #aai ,stat4 #adef74 7,b7 ,eligibility for funding ,to be eligible to receive funds under subsection 7c71 data shall have been submitted in the most recent collection of data for the national ferry database under section #ahja7;e7 of ,,safetea-,,lu 7#bc ,u4,s4,c4 #abi note2 #aai ,stat4 #adef7 for at least #a ferry service within the ,state4 7#b7 ,adjustments ,on review of the data submitted under paragraph 7#a77;,b71 the ,secretary may make adjustments to the data as the ,secretary determines necessary to correct misreported or inconsistent data4 7h7 ,authorization of appropriations ,there is authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 to carry out this section #ge1jjj1jjj for each of fiscal years #bjaf through #bjba4 7i7 ,period of availability ,notwithstanding section #aah7;b71 funds made available to carry out this section shall remain available until expended4 7j7 ,applicability ,all provisions of this chapter that are applicable to the ,national ,highway ,system1 other than provisions relating to apportionment formula and ,federal share1 shall apply to funds made available to carry out this section1 except as determined by the ,secretary to be inconsistent with this section4 4 7b7 ,national ferry database ,section #ahja7;e77#d7 of ,,safetea-,,lu 7#bc ,u4,s4,c4 #abi note2 #aai ,stat4 #adef7 is amended by striking subparagraph 7,d7 and inserting the following3 7,d7 make available1 from the amounts made available for each fiscal year to carry out chapter #fc of title #di1 not more than #ejj1jjj to maintain the database4 4 7c7 ,conforming amendments ,section #abi7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 in the first sentence1 by inserting 1 or on a public transit ferry eligible under chapter #ec of title #di after ,interstate ,system2 7#b7 in paragraph 7#c7-- 7,a7 by striking 7#c7 ,such ferry and inserting 7#c77;,a7 ,the ferry2 and 7,b7 by adding at the end the following3 7,b7 ,any ,federal participation shall not involve the construction or purchase1 for private ownership1 of a ferry boat1 ferry terminal facility1 or other eligible project under this section4 2 7#c7 in paragraph 7#d71 by striking and repair1 and inserting repair12 and 7#d7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,the ferry service shall be maintained in accordance with section #aaf4 7#g7 7,a7 ,no ferry boat or ferry terminal with ,federal participation under this title may be sold1 leased1 or otherwise disposed of1 except in accordance with part #ah of title #di1 ,code of ,federal ,regulations 7as in effect on ,december #ah1 #bjad74 7,b7 ,the ,federal share of any proceeds from a disposition referred to in subparagraph 7,a7 shall be used for eligible purposes under this title4 4 #ajaa4 ,highway safety improvement program ,section #adh of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#d77;,b7-- 7i7 in the matter preceding clause 7i71 by striking includes1 but is not limited to1 and inserting only includes2 and 7ii7 by adding at the end the following3 7xxv7 ,installation of vehicle-to-infrastructure communication equipment4 7xxvi7 ,pedestrian hybrid beacons4 7xxvii7 ,roadway improvements that provide separation between pedestrians and motor vehicles1 including medians and pedestrian crossing islands4 7xxviii7 ,an infrastructure safety project not described in clauses 7i7 through 7xxvii74 2 and 7,b7 by striking paragraph 7#aj7 and redesignating paragraphs 7#aa7 through 7#ac7 as paragraphs 7#aj7 through 7#ab71 respectively2 7#b7 in subsection 7c77#a77;,a71 by striking subsection 7a77#ab7 and inserting subsection 7a77#aa72 7#c7 in subsection 7d77#b77;,b77i71 by striking subsection 7a77#ab7 and inserting subsection 7a77#aa72 and 7#d7 in subsection 7g77#a7-- 7,a7 by striking increases and inserting does not decrease2 and 7,b7 by inserting and exceeds the national fatality rate on rural roads1 after available14 #ajab4 ,data collection on unpaved public roads ,section #adh of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,data collection on unpaved public roads 7#a7 ,in general ,a ,state may elect not to collect fundamental data elements for the model inventory of roadway elements on public roads that are gravel roads or otherwise unpaved if-- 7,a7 7i7 more than #de percent of the public roads in the ,state are gravel roads or otherwise unpaved2 and 7ii7 less than #aj percent of fatalities in the ,state occur on those unpaved public roads2 or 7,b7 7i7 more than #gj percent of the public roads in the ,state are gravel roads or otherwise unpaved2 and 7ii7 less than #be percent of fatalities in the ,state occur on those unpaved public roads4 7#b7 ,calculation ,the percentages described in paragraph 7#a7 shall be based on the average for the #e most recent years for which relevant data is available4 7#c7 ,use of funds ,if a ,state elects not to collect data on a road described in paragraph 7#a71 the ,state shall not use funds provided to carry out this section for a project on that road until the ,state completes a collection of the required model inventory of roadway elements for the road4 4 #ajac4 ,congestion mitigation and air quality improvement program ,section #adi of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a77i77,i71 by inserting in the designated nonattainment area after air quality standard2 7,b7 in paragraph 7#c71 by inserting or maintenance after likely to contribute to the attainment2 7,c7 in paragraph 7#d71 by striking attainment of and inserting attainment or maintenance of the area of2 and 7,d7 in paragraph 7#h77;,a77ii7-- 7i7 in the matter preceding subclause 7,i71 by inserting or port-related freight operations after construction projects2 and 7ii7 in subclause 7,,ii71 by inserting or chapter #ec of title #di after this title2 7#b7 in subsection 7c77#b71 by inserting 7giving priority to corridors designated under section #aea7 after at any location in the ,state2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by inserting would otherwise be eligible under subsection 7b7 if the project were carried out in a nonattainment or maintenance area or after may use for any project that2 and 7,,ii7 in clause 7i71 by striking 7excluding the amount of funds reserved under paragraph 7#a772 and 7ii7 in subparagraph 7,b77i71 by striking ,,map-#bat and inserting ,,map-#ba2 and 7,b7 in paragraph 7#c71 by inserting 1 in a manner consistent with the approach that was in effect on the day before the date of enactment of ,,map-#ba1 after the ,secretary shall modify2 7#d7 in subsection 7g7-- 7,a7 in paragraph 7#b77;,b71 by striking not later that and inserting not later than2 and 7,b7 in paragraph 7#c7-- 7i7 by striking ,states and metropolitan and inserting the following3 7,a7 ,in general ,states and metropolitan 2 7ii7 by striking are proven to reduce and inserting reduce directly emitted2 and 7iii7 by adding at the end the following3 7,b7 ,use of priority funding ,to the maximum extent practicable1 ,,pm#b4e priority funding shall be used on the most cost-effective projects and programs that are proven to reduce directly emitted fine particulate matter4 2 7#e7 in subsection 7k7-- 7,a7 in paragraph 7#a7-- 7i7 by striking that has a nonattainment or maintenance area and inserting that has #a or more nonattainment or maintenance areas2 7ii7 by striking a nonattainment or maintenance area that are and inserting the nonattainment or maintenance areas that are2 7iii7 by striking such area both places it appears and inserting such areas2 and 7iv7 by striking such fine particulate and inserting directly emitted fine particulate2 7,b7 in paragraph 7#b71 by striking highway construction and inserting transportation construction2 and 7,c7 by adding at the end the following3 7#c7 ,,pm#b4e nonattainment and maintenance in low population density ,states 7,a7 ,exception ,in any ,state with a population density of #ge or fewer persons per square mile of land area1 based on the most recent decennial census1 the requirements under subsection 7g77#c7 and paragraphs 7#a7 and 7#b7 of this subsection shall not apply to a nonattainment or maintenance area in the ,state if-- 7i7 the nonattainment or maintenance area does not have projects that are part of the emissions analysis of a metropolitan transportation plan or transportation improvement program2 and 7ii7 regional motor vehicle emissions are an insignificant contributor to the air quality problem for ,,pm#b4e in the nonattainment or maintenance area4 7,b7 ,calculation ,if subparagraph 7,a7 applies to a nonattainment or maintenance area in a ,state1 the percentage of the ,,pm#b4e set-aside under paragraph 7#a7 shall be reduced for that ,state proportionately based on the weighted population of the area in fine particulate matter nonattainment4 7#d7 ,port-related equipment and vehicles ,to meet the requirements under paragraph 7#a71 a ,state or metropolitan planning organization may elect to obligate funds to the most cost-effective projects to reduce emissions from port-related landside nonroad or on-road equipment that is operated within the boundaries of a ,,pm#b4e nonattainment or maintenance area4 2 7#f7 in subsection 7l77#a77;,b71 by inserting air quality and traffic congestion before performance targets2 and 7#g7 in subsection 7m71 by striking section #ajd7;b77#b7 and inserting section #ajd7;b77#d74 #ajad4 ,national freight program 7a7 ,in general ,section #afg of title #bc1 ,united ,states ,code1 is amended to read as follows3 #afg4 ,national freight program 7a7 ,establishment 7#a7 ,in general ,it is the policy of the ,united ,states to improve the condition and performance of the national highway freight network to ensure that the national freight network provides the foundation for the ,united ,states to compete in the global economy and achieve each goal described in subsection 7b74 7#b7 ,establishment ,in support of the goals described in subsection 7b71 the ,secretary shall establish a national freight program in accordance with this section to improve the efficient movement of freight on the national highway freight network4 7b7 ,goals ,the goals of the national freight program are-- 7#a7 to invest in infrastructure improvements and to implement operational improvements on the highways of the ,united ,states that-- 7,a7 strengthen the contribution of the national highway freight network to the economic competitiveness of the ,united ,states2 7,b7 reduce congestion and relieve bottlenecks in the freight transportation system2 7,c7 reduce the cost of freight transportation2 7,d7 improve the reliability of freight transportation2 and 7,e7 increase productivity1 particularly for domestic industries and businesses that create high-value jobs2 7#b7 to improve the safety1 security1 efficiency1 and resiliency of freight transportation in rural and urban areas2 7#c7 to improve the state of good repair of the national highway freight network2 7#d7 to use advanced technology to improve the safety and efficiency of the national highway freight network2 7#e7 to incorporate concepts of performance1 innovation1 competition1 and accountability into the operation and maintenance of the national highway freight network2 7#f7 to improve the efficiency and productivity of the national highway freight network2 and 7#g7 to reduce the environmental impacts of freight movement4 7c7 ,establishment of a national highway freight network 7#a7 ,in general ,the ,secretary shall establish a national highway freight network in accordance with this section to assist ,states in strategically directing resources toward improved system performance for efficient movement of freight on highways4 7#b7 ,network components ,the national highway freight network shall consist of-- 7,a7 the primary highway freight system1 as designated under subsection 7d72 7,b7 critical rural freight corridors established under subsection 7e72 7,c7 critical urban freight corridors established under subsection 7f72 and 7,d7 the portions of the ,interstate ,system not designated as part of the primary highway freight system1 including designated future ,interstate ,system routes as of the date of enactment of the ,,drive ,act4 7d7 ,designation and redesignation of the primary highway freight system 7#a7 ,initial designation of primary highway freight system ,the initial designation of the primary highway freight system shall be-- 7,a7 the network designated by the ,secretary under section #afg7;d7 of title #bc1 ,united ,states ,code1 as in effect on the day before the date of enactment of the ,,drive ,act2 and 7,b7 all ,national ,highway ,system freight intermodal connectors4 7#b7 ,redesignation of primary highway freight system 7,a7 ,in general ,beginning on the date that is #a year after the date of enactment of the ,,drive ,act and every #e years thereafter1 using the designation factors described in subparagraph 7,e71 the ,secretary shall redesignate the primary highway freight system 7including any additional mileage added to the primary highway freight system under this paragraph as of the date on which the redesignation process is effective74 7,b7 ,mileage 7i7 ,first redesignation ,in redesignating the primary highway freight system on the date that is #a year after the date of enactment of the ,,drive ,act1 the ,secretary shall limit the system to #cj1jjj centerline miles1 without regard to the connectivity of the primary highway freight system4 7ii7 ,subsequent redesignations ,each redesignation after the redesignation described in clause 7i71 the ,secretary may increase the primary highway freight system by up to #e percent of the total mileage of the system1 without regard to the connectivity of the primary highway freight system4 7,c7 ,considerations 7i7 ,in general ,in redesignating the primary highway freight system1 to the maximum extent practicable1 the ,secretary shall use measurable data to assess the significance of goods movement1 including consideration of points of origin1 destination1 and linking components of the ,united ,states global and domestic supply chains4 7ii7 ,intermodal connectors ,in redesignating the primary highway freight system1 the ,secretary shall include all ,national ,highway ,system freight intermodal connectors4 7,d7 ,input ,in addition to the process provided to ,state freight advisory committees under paragraph 7#c71 in redesignating the primary highway freight system1 the ,secretary shall provide an opportunity for ,state freight advisory committees to submit additional miles for consideration4 7,e7 ,factors for redesignation ,in redesignating the primary highway freight system1 the ,secretary shall consider-- 7i7 the origins and destinations of freight movement in1 to1 and from the ,united ,states2 7ii7 land and water ports of entry2 7iii7 access to energy exploration1 development1 installation1 or production areas2 7iv7 proximity of access to other freight intermodal facilities1 including rail1 air1 water1 and pipelines2 7v7 the total freight tonnage and value moved via highways2 7vi7 significant freight bottlenecks1 as identified by the ,secretary2 7vii7 the annual average daily truck traffic on principal arterials2 and 7viii7 the significance of goods movement on principal arterials1 including consideration of global and domestic supply chains4 7#c7 ,state flexibility for additional miles on primary highway freight system 7,a7 ,in general ,not later than #a year after each redesignation conducted by the ,secretary under paragraph 7#b71 each ,state freight advisory committee1 as established in accordance with subsection 7n71 may increase the number of miles designated as part of the primary highway freight system in that ,state by not more than #aj percent of the miles designated in that ,state under this subsection if the additional miles-- 7i7 close gaps between primary highway freight system segments2 7ii7 establish connections of the primary highway freight system critical to the efficient movement of goods1 including ports1 international border crossings1 airports1 intermodal facilities1 logistics centers1 warehouses1 and agricultural facilities2 or 7iii7 designate critical emerging freight routes4 7,b7 ,considerations ,each ,state freight advisory committee that increases the number of miles on the primary highway freight system under subparagraph 7,a7 shall-- 7i7 consider nominations for the additional miles from metropolitan planning organizations within the ,state2 7ii7 ensure that the additional miles are consistent with the freight plan of the ,state2 and 7iii7 review the primary highway freight system of the ,state designated under paragraph 7#a7 and redesignate miles in a manner that is consistent with paragraph 7#b74 7,c7 ,submission ,each ,state freight advisory committee shall-- 7i7 submit to the ,secretary a list of the additional miles added under this subsection2 and 7ii7 certify that-- 7,i7 the additional miles meet the requirements of subparagraph 7,a72 and 7,,ii7 the ,state freight advisory committee has satisfied the requirements of subparagraph 7,b74 7e7 ,critical rural freight corridors ,a ,state may designate a public road within the borders of the ,state as a critical rural freight corridor if the public road-- 7#a7 is a rural principal arterial roadway and has a minimum of #be percent of the annual average daily traffic of the road measured in passenger vehicle equivalent units from trucks 7,federal ,highway ,administration vehicle class #h to #ac72 7#b7 provides access to energy exploration1 development1 installation1 or production areas2 7#c7 connects the primary highway freight system1 a roadway described in paragraph 7#a7 or 7#b71 or the ,interstate ,system to facilities that handle more than-- 7,a7 #ej1jjj #bj-;foot equivalent units per year2 or 7,b7 #ejj1jjj tons per year of bulk commodities2 7#d7 provides access to-- 7,a7 a grain elevator2 7,b7 an agricultural facility2 7,c7 a mining facility2 7,d7 a forestry facility2 or 7,e7 an intermodal facility2 7#e7 connects to an international port of entry2 7#f7 provides access to significant air1 rail1 water1 or other freight facilities in the ,state2 or 7#g7 is1 in the determination of the ,state1 vital to improving the efficient movement of freight of importance to the economy of the ,state4 7f7 ,critical urban freight corridors 7#a7 ,urbanized area with population of #ejj1jjj or more ,in an urbanized area with a population of #ejj1jjj or more individuals1 the representative metropolitan planning organization1 in consultation with the ,state1 may designate a public road within the borders of that area of the ,state as a critical urban freight corridor4 7#b7 ,urbanized area with a population less than #ejj1jjj ,in an urbanized area with a population of less than #ejj1jjj individuals1 the ,state1 in consultation with the representative metropolitan planning organization1 may designate a public road within the borders of that area of the ,state as a critical urban freight corridor4 7#c7 ,requirements for designation ,a designation may be made under paragraphs 7#a7 or 7#b7 if the public road-- 7,a7 is in an urbanized area1 regardless of population2 and 7,b7 7i7 connects an intermodal facility to-- 7,i7 the primary highway freight network2 7,,ii7 the ,interstate ,system2 or 7,,iii7 an intermodal freight facility2 7ii7 is located within a corridor of a route on the primary highway freight network and provides an alternative highway option important to goods movement2 7iii7 serves a major freight generator1 logistic center1 or manufacturing and warehouse industrial land2 or 7iv7 is important to the movement of freight within the region1 as determined by the metropolitan planning organization or the ,state4 7g7 ,designation and certification 7#a7 ,designation ,states and metropolitan planning organizations may designate corridors under subsections 7e7 and 7f7 and submit the designated corridors to the ,secretary on a rolling basis4 7#b7 ,certification ,each ,state or metropolitan planning organization that designates a corridor under subsection 7e7 or 7f7 shall certify to the ,secretary that the designated corridor meets the requirements of the applicable subsection4 7h7 ,national freight strategic plan 7#a7 ,initial development of national freight strategic plan ,not later than #c years after the date of enactment of the ,,drive ,act1 the ,secretary1 in consultation with ,state departments of transportation1 metropolitan planning organizations1 and other appropriate public and private transportation stakeholders1 shall develop and post on the public website of the ,department of ,transportation a national freight strategic plan that includes-- 7,a7 an assessment of the condition and performance of the national highway freight network2 7,b7 an identification of highway bottlenecks on the national highway freight network that create significant freight congestion 7including congestion on other nonhighway freight routes7 based on a quantitative methodology developed by the ,secretary1 which shall1 at a minimum1 include-- 7i7 information from the ,freight ,analysis ,framework of the ,federal ,highway ,administration2 and 7ii7 to the maximum extent practicable1 an estimate of the cost of addressing each bottleneck and any operational improvements that could be implemented2 7,c7 forecasts of freight volumes1 based on the most recent data available1 for the #aj- and #bj-year period beginning in the year during which the plan is issued2 7,d7 an identification of major trade gateways and national freight corridors1 including nonhighway corridors1 that connect major population centers1 trade gateways1 and other major freight generators for current and forecasted traffic and freight volumes1 the identification of which shall be revised1 as appropriate1 in subsequent plans2 7,e7 an assessment of statutory1 regulatory1 technological1 institutional1 financial1 and other barriers to improved freight transportation performance 7including opportunities for overcoming the barriers72 7,f7 an identification of routes providing access to energy exploration1 development1 installation1 or production areas2 7,g7 best practices for improving the performance of the national highway freight network2 7,h7 best practices to mitigate the impacts of freight movement on communities2 7,i7 a process for addressing multistate projects and encouraging jurisdictions to collaborate on multistate projects2 7,j7 identification of locations or areas with high crash rates or congestion involving freight traffic1 and strategies to address those issues2 and 7,k7 strategies to improve freight intermodal connectivity4 7#b7 ,updates to national freight strategic plan ,not later than #e years after the date of completion of the first national freight strategic plan under paragraph 7#a7 and every #e years thereafter1 the ,secretary shall update and repost on the public website of the ,department of ,transportation a revised national freight strategic plan4 7i7 ,highway freight transportation conditions and performance reports ,not later than #b years after the date of enactment of the ,,drive ,act and biennially thereafter1 the ,secretary shall prepare and submit to ,congress a report that describes the conditions and performance of the national highway freight network in the ,united ,states4 7j7 ,transportation investment data and planning tools 7#a7 ,in general ,not later than #a year after the date of enactment of the ,,drive ,act1 the ,secretary shall-- 7,a7 begin development of new tools and improvement of existing tools to support an outcome-oriented1 performance-based approach to evaluate proposed freight-related and other transportation projects1 including-- 7i7 methodologies for systematic analysis of benefits and costs on a national and regional basis2 7ii7 tools for ensuring that the evaluation of freight-related and other transportation projects could consider safety1 economic competitiveness1 environmental sustainability1 and system condition in the project selection process2 7iii7 improved methods for data collection and trend analysis2 7iv7 encouragement of public-private partnerships to carry out data sharing activities while maintaining the confidentiality of all proprietary data2 and 7v7 other tools to assist in effective transportation planning2 7,b7 identify transportation-related model data elements to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions2 and 7,c7 at a minimum1 in consultation with other relevant ,federal agencies1 consider any improvements to existing freight flow data collection efforts that could reduce identified freight data gaps and deficiencies and help improve forecasts of freight transportation demand4 7#b7 ,consultation ,the ,secretary shall consult with ,federal1 ,state1 and other stakeholders to develop1 improve1 and implement the tools and collect the data described in paragraph 7#a74 7k7 ,use of apportioned funds 7#a7 ,in general ,a ,state shall obligate funds apportioned to the ,state under section #ajd7;b77#e7 to improve the movement of freight on the national highway freight network4 7#b7 ,formula ,the ,secretary shall calculate for each ,state the proportion that-- 7,a7 the total mileage in the ,state designated as part of the primary highway freight system2 bears to 7,b7 the total mileage of the primary highway freight system in all ,states4 7#c7 ,use of funds 7,a7 ,states with high primary highway freight system mileage ,if the proportion of a ,state under paragraph 7#b7 is greater than or equal to #c percent1 the ,state may obligate funds apportioned to the ,state under section #ajd7;b77#e7 for projects on-- 7i7 the primary highway freight system2 7ii7 critical rural freight corridors2 and 7iii7 critical urban freight corridors4 7,b7 ,states with low primary highway freight system mileage ,if the proportion of a ,state under paragraph 7#b7 is less than #c percent1 the ,state may obligate funds apportioned to the ,state under section #ajd7;b77#e7 for projects on any component of the national highway freight network4 7#d7 ,freight planning ,notwithstanding any other provision of law1 effective beginning #b years after the date of enactment of the ,,drive ,act1 a ,state may not obligate funds apportioned to the ,state under section #ajd7;b77#e7 unless the ,state has-- 7,a7 established a freight advisory committee in accordance with subsection 7n72 and 7,b7 developed a freight plan in accordance with subsection 7o74 7#e7 ,eligibility 7,a7 ,in general ,except as provided in this subsection1 for a project to be eligible for funding under this section the project shall-- 7i7 contribute to the efficient movement of freight on the national highway freight network2 and 7ii7 be consistent with a freight investment plan included in a freight plan of the ,state that is in effect4 7,b7 ,other projects ,a ,state may obligate not more than #aj percent of the total apportionment of the ,state under section #ajd7;b77#e7 for projects-- 7i7 within the boundaries of public and private freight rail1 water facilities 7including ports71 and intermodal facilities2 and 7ii7 that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange1 transfer1 and access into and out of the facility4 7,c7 ,eligible projects ,funds apportioned to the ,state under section #ajd7;b77#e7 for the national freight program may be obligated to carry out #a or more of the following3 7i7 ,development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities4 7ii7 ,construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land relating to the project and improvements to land71 construction contingencies1 acquisition of equipment1 and operational improvements directly relating to improving system performance4 7iii7 ,intelligent transportation systems and other technology to improve the flow of freight1 including intelligent freight transportation systems4 7iv7 ,efforts to reduce the environmental impacts of freight movement4 7v7 ,environmental and community mitigation of freight movement4 7vi7 ,railway-highway grade separation4 7vii7 ,geometric improvements to interchanges and ramps4 7viii7 ,truck-only lanes4 7ix7 ,climbing and runaway truck lanes4 7x7 ,adding or widening of shoulders4 7xi7 ,truck parking facilities eligible for funding under section #adja of ,,map-#ba 7#bc ,u4,s4,c4 #acg note2 ,public ,law #aab-ada74 7xii7 ,real-time traffic1 truck parking1 roadway condition1 and multimodal transportation information systems4 7xiii7 ,electronic screening and credentialing systems for vehicles1 including weigh-in-motion truck inspection technologies4 7xiv7 ,traffic signal optimization1 including synchronized and adaptive signals4 7xv7 ,work zone management and information systems4 7xvi7 ,highway ramp metering4 7xvii7 ,electronic cargo and border security technologies that improve truck freight movement4 7xviii7 ,intelligent transportation systems that would increase truck freight efficiencies inside the boundaries of intermodal facilities4 7xix7 ,additional road capacity to address highway freight bottlenecks4 7xx7 ,a highway project1 other than a project described in clauses 7i7 through 7xix71 to improve the flow of freight on the national highway freight network4 7xxi7 ,any other surface transportation project to improve the flow of freight into and out of a facility described in subparagraph 7,b74 7#f7 ,other eligible costs ,in addition to the eligible projects identified in paragraph 7#e71 a ,state may use funds apportioned under section #ajd7;b77#e7 for-- 7,a7 carrying out diesel retrofit or alternative fuel projects under section #adi for class #h vehicles2 and 7,b7 the necessary costs of-- 7i7 conducting analyses and data collection related to the national freight program2 7ii7 developing and updating performance targets to carry out this section2 and 7iii7 reporting to the ,secretary to comply with section #aej4 7#g7 ,applicability of planning requirements ,programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections #acd and #ace4 7l7 ,state performance targets ,if the ,secretary determines that a ,state has not met or made significant progress toward meeting the performance targets related to freight movement of the ,state established under section #aej7;d7 by the date that is #b years after the date of the establishment of the performance targets1 until the date on which the ,secretary determines that the ,state has met or has made significant progress towards meeting the performance targets1 the ,state shall submit to the ,secretary1 on a biennial basis1 a freight performance improvement plan that includes-- 7#a7 an identification of significant freight system trends1 needs1 and issues within the ,state2 7#b7 a description of the freight policies and strategies that will guide the freight-related transportation investments of the ,state2 7#c7 an inventory of freight bottlenecks within the ,state and a description of the ways in which the ,state is allocating the national freight program funds to improve those bottlenecks2 and 7#d7 a description of the actions the ,state will undertake to meet the performance targets of the ,state4 7m7 ,study of multimodal projects ,not later than #b years after the date of enactment of the ,,drive ,act1 the ,secretary shall submit to ,congress a report that contains-- 7#a7 a study of freight projects identified in ,state freight plans under subsection 7o72 and 7#b7 an evaluation of multimodal freight projects included in the ,state freight plans1 or otherwise identified by ,states1 that are subject to the limitation of funding for such projects under this section4 7n7 ,state freight advisory committees 7#a7 ,in general ,each ,state shall establish a freight advisory committee consisting of a representative cross-section of public and private sector freight stakeholders1 including representatives of ports1 shippers1 carriers1 freight-related associations1 the freight industry workforce1 the transportation department of the ,state1 and local governments4 7#b7 ,role of committee ,a freight advisory committee of a ,state described in paragraph 7#a7 shall-- 7,a7 advise the ,state on freight-related priorities1 issues1 projects1 and funding needs2 7,b7 serve as a forum for discussion for ,state transportation decisions affecting freight mobility2 7,c7 communicate and coordinate regional priorities with other organizations2 7,d7 promote the sharing of information between the private and public sectors on freight issues2 and 7,e7 participate in the development of the freight plan of the ,state described in subsection 7o74 7o7 ,state freight plans 7#a7 ,in general ,each ,state shall develop a freight plan that provides a comprehensive plan for the immediate and long-range planning activities and investments of the ,state with respect to freight4 7#b7 ,plan contents ,a freight plan described in paragraph 7#a7 shall include1 at a minimum-- 7,a7 an identification of significant freight system trends1 needs1 and issues with respect to the ,state2 7,b7 a description of the freight policies1 strategies1 and performance measures that will guide the freight-related transportation investment decisions of the ,state2 7,c7 when applicable1 a listing of critical rural and urban freight corridors designated within the ,state under this section2 7,d7 a description of how the plan will improve the ability of the ,state to meet the national freight goals established under subsection 7b72 7,e7 evidence of consideration of innovative technologies and operational strategies1 including intelligent transportation systems1 that improve the safety and efficiency of freight movement2 7,f7 in the case of routes on which travel by heavy vehicles 7including mining1 agricultural1 energy cargo or equipment1 and timber vehicles7 is projected to substantially deteriorate the condition of roadways1 a description of improvements that may be required to reduce or impede the deterioration2 7,g7 an inventory of facilities with freight mobility issues1 such as truck bottlenecks1 within the ,state1 and a description of the strategies the ,state is employing to address those freight mobility issues2 7,h7 consideration of any significant congestion or delay caused by freight movements and any strategies to mitigate that congestion or delay2 and 7,i7 a freight investment plan that1 subject to paragraph 7#c77;,b71 includes a list of priority projects and describes how funds made available to carry out this section would be invested and matched4 7#c7 ,relationship to long-range plan 7,a7 ,incorporation ,a freight plan described in paragraph 7#a7 may be developed separately from or incorporated into the statewide strategic long-range transportation plan required by section #ace4 7,b7 ,fiscal constraint ,the freight investment plan component of a freight plan shall include a project1 or an identified phase of a project1 only if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the freight investment plan4 7#d7 ,planning period ,the freight plan shall address a #aj-year forecast period4 7#e7 ,updates 7,a7 ,in general ,a ,state shall update the freight plan not less frequently than once every #e years4 7,b7 ,freight investment plan ,a ,state may update the freight investment plan more frequently than is required under subparagraph 7,a74 7p7 ,intelligent freight transportation system 7#a7 ,definition of intelligent freight transportation system ,in this section1 the term intelligent freight transportation system means-- 7,a7 an innovative or intelligent technological transportation system1 infrastructure1 or facilities1 including electronic roads1 driverless trucks1 elevated freight transportation facilities1 and other intelligent freight transportation systems2 and 7,b7 a communications or information processing system used singly or in combination for dedicated intelligent freight lanes and conveyances that improve the efficiency1 security1 or safety of freight on the ,federal-aid highway system or that operate to convey freight or improve existing freight movements4 7#b7 ,location ,an intelligent freight transportation system shall be located-- 7,a7 7i7 along existing ,federal-aid highways2 or 7ii7 in a manner that connects ports-of-entry to existing ,federal-aid highways2 and 7,b7 in proximity to1 or within1 an existing right-of-way on a ,federal-aid highway4 7#c7 ,operating standards ,the ,administrator of the ,federal ,highway ,administration shall determine the need for establishing operating standards for intelligent freight transportation systems4 4 7b7 ,conforming amendments 7#a7 ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #afg4 ,national freight program44 7#b7 ,sections #aaaf1 #aaag1 and #aaah of ,,map-#ba 7#bc ,u4,s4,c4 #afg note2 ,public ,law #aab-ada7 are repealed4 #ajae4 ,assistance for major projects program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #aga4 ,assistance for major projects program 7a7 ,purpose of program ,the purpose of the assistance for major projects program shall be to assist in funding critical high-cost surface transportation infrastructure projects that-- 7#a7 are difficult to complete with existing ,federal1 ,state1 local1 and private funds2 and 7#b7 will achieve #a or more of-- 7,a7 generation of national or regional economic benefits and an increase in the global economic competitiveness of the ,united ,states2 7,b7 reduction of congestion and the impacts of congestion2 7,c7 improvement of roadways vital to national energy security2 7,d7 improvement of the efficiency1 reliability1 and affordability of the movement of freight2 7,e7 improvement of transportation safety2 7,f7 improvement of existing and designated future ,interstate ,system routes2 or 7,g7 improvement of the movement of people through improving rural connectivity and metropolitan accessibility4 7b7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,highway ,administration4 7#b7 ,eligible applicant ,the term eligible applicant means-- 7,a7 a ,state 7or a group of ,states72 7,b7 a local government2 7,c7 a tribal government 7or a consortium of tribal governments72 7,d7 a transit agency2 7,e7 a special purpose district or a public authority with a transportation function2 7,f7 a port authority2 7,g7 a political subdivision of a ,state or local government2 7,h7 a ,federal land management agency1 jointly with the applicable ,state2 or 7,i7 a multistate or multijurisdictional group of entities described in subparagraphs 7,a7 through 7,h74 7#c7 ,eligible project 7,a7 ,in general ,the term eligible project means a surface transportation project1 or a program of integrated surface transportation projects closely related in the function the projects perform1 that-- 7i7 is a capital project that is eligible for ,federal financial assistance under-- 7,i7 this title2 or 7,,ii7 chapter #ec of title #di2 and 7ii7 except as provided in subparagraph 7,b71 has eligible project costs that are reasonably anticipated to equal or exceed the lesser of-- 7,i7 #cej1jjj1jjj2 and 7,,ii7 7aa7 for a project located in a single ,state1 #cj percent of the amount of ,federal-aid highway funds apportioned to the ,state for the most recently completed fiscal year2 7bb7 for a project located in a single rural ,state with a population density of #ge or fewer persons per square mile based on the most recent decennial census1 #aj percent of the amount of ,federal-aid highway funds apportioned to the ,state for the most recently completed fiscal year2 or 7cc7 for a project located in more than #a ,state1 #ge percent of the amount of ,federal-aid highway funds apportioned to the participating ,state that has the largest apportionment for the most recently completed fiscal year4 7,b7 ,federal land transportation facility ,in the case of a ,federal land transportation facility1 the term eligible project means a ,federal land transportation facility that has eligible project costs that are reasonably anticipated to equal or exceed #aej1jjj1jjj4 7#d7 ,eligible project costs ,the term eligible project costs means the costs of-- 7,a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7,b7 construction1 reconstruction1 rehabilitation1 and acquisition of real property 7including land related to the project and improvements to land71 environmental mitigation1 construction contingencies1 acquisition of equipment directly related to improving system performance1 and operational improvements4 7#e7 ,rural area ,the term rural area means an area that is outside of an urbanized area with a population greater than #aej1jjj individuals1 as determined by the ,bureau of the ,census4 7#f7 ,rural state ,the term rural ,state means a ,state that has a population density of #ge or fewer persons per square mile1 based on the most recent decennial census4 7c7 ,establishment of program ,the ,administrator shall establish a program in accordance with this section to provide grants for projects that will have a significant impact on a region or the ,nation4 7d7 ,solicitations and applications 7#a7 ,grant solicitations ,the ,administrator shall conduct a transparent and competitive national solicitation process to review eligible projects for funding under this section4 7#b7 ,applications 7,a7 ,in general ,an eligible applicant seeking a grant under this section shall submit to the ,administrator an application in such form and containing such information as the ,administrator determines necessary1 including the total amount of the grant requested4 7,b7 ,contents ,each application submitted under this paragraph shall include data on the most recent system performance and estimated system improvements that will result from completion of the eligible project1 including projections for improvements #e1 #aj1 and #bj years after completion of the project4 7,c7 ,resubmission of applications ,an eligible applicant whose project is not selected under this section may resubmit an application in a subsequent solicitation4 7e7 ,criteria for project evaluation and selection 7#a7 ,in general ,the ,administrator may select a project for funding under this section only if the ,administrator determines that the project-- 7,a7 is consistent with the national goals described in section #aej7;b72 7,b7 will significantly improve the performance of the national surface transportation network1 nationally or regionally2 7,c7 is based on the results of preliminary engineering2 7,d7 is consistent with the long-range statewide transportation plan2 7,e7 cannot be readily and efficiently completed without ,federal financial assistance2 7,f7 is justified based on the ability of the project to achieve #a or more of-- 7i7 generation of national economic benefits that reasonably exceed the costs of the project2 7ii7 reduction of long-term congestion1 including impacts on a national1 regional1 and statewide basis2 7iii7 an increase in the speed1 reliability1 and accessibility of the movement of people or freight2 or 7iv7 improvement of transportation safety1 including reducing transportation accident and serious injuries and fatalities2 and 7,g7 is supported by a sufficient amount of non-,federal funding1 including evidence of stable and dependable financing to construct1 maintain1 and operate the infrastructure facility4 7#b7 ,additional considerations ,in evaluating a project under this section1 in addition to the criteria described in paragraph 7#a71 the ,administrator shall consider the extent to which the project-- 7,a7 leverages ,federal investment by encouraging non-,federal contributions to the project1 including contributions from public-private partnerships2 7,b7 is able to begin construction by the date that is not later than #ah months after the date on which the project is selected2 7,c7 incorporates innovative project delivery and financing to the maximum extent practicable2 7,d7 helps maintain or protect the environment2 7,e7 improves roadways vital to national energy security2 7,f7 improves or upgrades designated future ,interstate ,system routes2 7,g7 uses innovative technologies1 including intelligent transportation systems1 that enhance the efficiency of the project2 and 7,h7 helps to improve mobility and accessibility4 7f7 ,geographic distribution ,in awarding grants under this section1 the ,administrator shall take measures to ensure1 to the maximum extent practicable-- 7#a7 an equitable geographic distribution of amounts2 and 7#b7 an appropriate balance in addressing the needs of rural and urban communities4 7g7 ,funding requirements 7#a7 ,in general ,except in the case of projects described in paragraph 7#b71 the amount of a grant under this section shall be at least #ej1jjj1jjj4 7#b7 ,rural projects ,the amounts made available for a fiscal year under this section for eligible projects located in rural areas or in rural ,states shall not be-- 7,a7 less than #bj percent of the amount made available for the fiscal year under this section2 and 7,b7 subject to paragraph 7#a74 7#c7 ,limitation of funds ,not more than #bj percent of the funds made available for a fiscal year to carry out this section shall be allocated for projects eligible under section #afg7k77#e77;,b7 or chapter #ec of title #di4 7#d7 ,state cap 7,a7 ,in general ,not more than #bj percent of the funds made available for a fiscal year to carry out this section may be awarded to projects in a single ,state4 7,b7 ,exception for multistate projects ,for purposes of the limitation described in subparagraph 7,a71 funds awarded for a multistate project shall be considered to be distributed evenly to each ,state4 7#e7 ,,tifia program ,on the request of an eligible applicant under this section1 the ,administrator may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity ,federal credit assistance under chapter #f with respect to the project for which the grant was awarded4 7h7 ,grant requirements 7#a7 ,applicability of planning requirements ,the programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections #acd and #ace4 7#b7 ,determination of applicable modal requirements ,if an eligible project that receives a grant under this section has a crossmodal component1 the ,administrator-- 7,a7 shall determine the predominant modal component of the project2 and 7,b7 may apply the applicable requirements of that predominant modal component to the project4 7i7 ,report to the ,administrator ,for each project funded under this section1 the project sponsor shall evaluate system performance and submit to the ,administrator a report not later than #e1 #aj1 and #bj years after completion of the project to assess whether the project outcomes have met preconstruction projections4 7j7 ,congressional approval 7#a7 ,submission of application ,each eligible applicant shall submit to the ,administrator an application in accordance with subsection 7d77#b7 at such time as the ,administrator determines to meet the requirements of paragraph 7#b74 7#b7 ,submission to ,congress of proposed projects 7,a7 ,in general ,by ,january #a of each fiscal year1 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 a list of all of the projects that meet the requirements of this section4 7,b7 ,limitation ,the list submitted under subparagraph 7,a7 shall include a total requested grant amount at least #b times1 but not to exceed #d times1 the authorization level of the program in each fiscal year4 7#c7 ,committee review ,not later than #ij days after the date of the receipt of the submission under paragraph 7#b71 each ,committee described in subparagraph 7,a7 of that paragraph shall-- 7,a7 select projects and determine the amounts to be awarded to each project1 not to exceed the total authorization level of the program for each fiscal year2 and 7,b7 adopt a resolution making such determination4 7#d7 ,congressional approval ,projects shall be awarded on congressional adoption of a joint resolution based on the ,committee action under paragraph 7#c74 7#e7 ,administrative approval 7,a7 ,in general ,the ,administrator shall award grants to eligible projects in a fiscal year-- 7i7 if ,congress does not adopt a joint resolution under paragraph 7#d7 by the date that is #ij days after the date on which the first ,committee adopts a resolution under paragraph 7#c77;,b72 or 7ii7 if neither ,committee acts in accordance with paragraph 7#c74 7,b7 ,timing ,the ,administrator shall award grants under subparagraph 7,a7 not later than #ij days after the date on which the relevant event described in subparagraph 7,a7 occurs4 7k7 ,reports 7#a7 ,in general ,the ,administrator shall make available on the website of the ,federal ,highway ,administration at the end of each fiscal year an annual report that lists each project for which assistance has been provided under this section during that fiscal year4 7#b7 ,comptroller general 7,a7 ,assessment ,the ,comptroller ,general of the ,united ,states shall conduct an assessment of the establishment1 solicitation1 selection1 and justification process with respect to the funding of projects under this section4 7,b7 ,report ,not later than #a year after the initial awarding of funding under this section1 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-- 7i7 the process by which each project was selected2 7ii7 the criteria used for the selection of each project2 and 7iii7 the justification for the selection of each project based on the criteria described in subsection 7e74 4 7b7 ,conforming amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #aga4 ,assistance for major projects program4 4 #ajaf4 ,transportation alternatives 7a7 ,in general ,section #bac of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,reservation of funds 7#a7 ,in general ,on ,october #a of each fiscal year1 the ,secretary shall set aside from the amount determined for a ,state under section #ajd7;c7 an amount determined for the ,state under paragraphs 7#b7 and 7#c74 7#b7 ,total amount ,the total amount set aside for the program under this section shall be #hej1jjj1jjj for each fiscal year4 7#c7 ,state share ,the ,secretary shall distribute among the ,states the total set-aside amount under paragraph 7#b7 so that each ,state receives an amount equal to the proportion that-- 7,a7 the amount apportioned to the ,state for the transportation enhancements program for fiscal year #bjji under section #acc7;d77#b71 as in effect on the day before the date of enactment of ,,map-#ba 7,public ,law #aab-ada2 #abf ,stat4 #dje72 bears to 7,b7 the total amount of funds apportioned to all ,states for that fiscal year for the transportation enhancements program for fiscal year #bjji4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,of the funds and all that follows through shall be obligated under this section in subparagraph 7,a7 and inserting ,funds reserved in a ,state under this section shall be obligated2 7ii7 by striking subparagraph 7,b72 7iii7 by redesignating clauses 7i7 through 7iii7 as subparagraphs 7,a7 through 7,c71 respectively2 and 7iv7 in subparagraph 7,c7 7as so redesignated71 by striking 2 and and inserting a period2 7,b7 in paragraph 7#b71 by striking paragraph 7#a77;,a77i7 and inserting paragraph 7#a77;,a72 7,c7 in paragraph 7#c77;,a7-- 7i7 by striking ,except as provided in paragraph 7#a77;,b71 the and inserting ,the2 and 7ii7 by striking paragraph 7#a77;,a77i7 both places it appears and inserting paragraph 7#a77;,a72 7,d7 in paragraph 7#d77;,b7-- 7i7 in clause 7vi71 by striking and at the end2 7ii7 by redesignating clause 7vii7 as clause 7viii72 and 7iii7 by inserting after clause 7vi7 the following3 7vii7 a nonprofit entity responsible for the administration of local transportation safety programs2 and 2 and 7,e7 in paragraph 7#e7-- 7i7 by striking ,for funds reserved and inserting the following3 7,a7 ,in general ,for funds reserved 2 7ii7 by striking paragraph 7#a77;,a77i7 and inserting paragraph 7#a77;,a72 and 7iii7 by adding at the end the following3 7,b7 ,no restriction on suballocation ,nothing in this section prevents a metropolitan planning organization from further suballocating funds within the boundaries of the metropolitan planning area if a competitive process is implemented for the award of the suballocated funds4 2 and 7#c7 by adding at the end the following3 7h7 ,annual reports 7#a7 ,in general ,each ,state or metropolitan planning organization responsible for carrying out the requirements of this section shall submit to the ,secretary an annual report that describes-- 7,a7 the number of project applications received for each fiscal year1 including-- 7i7 the aggregate cost of the projects for which applications are received2 and 7ii7 the types of project to be carried out 7as described in subsection 7b771 expressed as percentages of the total apportionment of the ,state under subsection 7a72 and 7,b7 the number of projects selected for funding for each fiscal year1 including the aggregate cost and location of projects selected4 7#b7 ,public availability ,the ,secretary shall make available to the public1 in a user-friendly format on the website of the ,department1 a copy of each annual report submitted under paragraph 7#a74 7i7 ,expediting infrastructure projects 7#a7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall develop regulations or guidance relating to the implementation of this section that encourages the use of the programmatic approaches to environmental reviews1 expedited procurement techniques1 and other best practices to facilitate productive and timely expenditure for projects that are small1 low-impact1 and constructed within an existing built environment4 7#b7 ,state processes ,the ,secretary shall work with ,state departments of transportation to ensure that any regulation or guidance developed under paragraph 7#a7 is consistently implemented by ,states and the ,federal ,highway ,administration to avoid unnecessary delays in implementing projects and to ensure the effective use of ,federal dollars4 4 7b7 ,conforming amendment ,section #abf of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking set-asides4-- and all that follows through ,funds that in paragraph 7#a7 and inserting set-,asides4--,funds that2 and 7#b7 by striking paragraph 7#b74 #ajag4 ,consolidation of programs ,section #aeai7;a7 of ,,map-#ba 7,public ,law #aab-ada2 #abf ,stat4 #egd7 is amended in the matter preceding paragraph 7#a7 by striking fiscal years #bjac and #bjad and inserting fiscal years #bjac through #bjba4 #ajah4 ,state flexibility for ,national ,highway ,system modifications 7a7 ,national ,highway ,system flexibility ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall issue guidance relating to working with ,state departments of transportation that request assistance from the division offices of the ,federal ,highway ,administration-- 7#a7 to review roads classified as principal arterials in the ,state that were added to the ,national ,highway ,system as of ,october #a1 #bjab1 so as to comply with section #ajc of title #bc1 ,united ,states ,code2 and 7#b7 to identify any necessary functional classification changes to rural and urban principal arterials4 7b7 ,administrative actions ,the ,secretary shall direct the division offices of the ,federal ,highway ,administration to work with the applicable ,state department of transportation that requests assistance under this section-- 7#a7 to assist in the review of roads in accordance with guidance issued under subsection 7a72 7#b7 to expeditiously review and facilitate requests from ,states to reclassify roads classified as principal arterials2 and 7#c7 in the case of a ,state that requests the withdrawal of reclassified roads from the ,national ,highway ,system under section #ajc7;b77#c7 of title #bc1 ,united ,states ,code1 to carry out that withdrawal if the inclusion of the reclassified road in the ,national ,highway ,system is not consistent with the needs and priorities of the community or region in which the reclassified road is located4 7c7 ,national ,highway ,system modification regulations ,the ,secretary shall-- 7#a7 review the ,national ,highway ,system modification process described in appendix ,d of part #dgj of title #bc1 ,code of ,federal ,regulations 7or successor regulations72 and 7#b7 take any action necessary to ensure that a ,state may submit to the ,secretary a request to modify the ,national ,highway ,system by withdrawing a road from the ,national ,highway ,system4 7d7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes a description of-- 7#a7 each request for reclassification of ,national ,highway ,system roads2 7#b7 the status of each request2 and 7#c7 if applicable1 the justification for the denial by the ,secretary of a request4 7e7 ,modifications to the ,national ,highway ,system ,section #ajc7;b77#c77;,a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding clause 7i7-- 7,a7 by striking 1 including any modification consisting of a connector to a major intermodal terminal12 and 7,b7 by inserting 1 including any modification consisting of a connector to a major intermodal terminal or the withdrawal of a road from that system1 after the ,national ,highway ,system2 and 7#b7 in clause 7ii7-- 7,a7 by striking 7ii7 enhances and inserting 7ii77,i7 enhances2 7,b7 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7,,ii7 in the case of the withdrawal of a road1 is reasonable and appropriate4 4 #ajai4 ,toll roads1 bridges1 tunnels1 and ferries ,section #abi7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b7-- 7i7 by striking 7other than a highway on the ,interstate ,system72 and 7ii7 by inserting non-,,hov after toll-free each place it appears2 7,b7 by striking subparagraph 7,c72 and 7,c7 by redesignating subparagraphs 7,d7 through 7,i7 as subparagraphs 7,c7 through 7,h71 respectively2 7#b7 by striking paragraph 7#d7 and paragraph 7#f72 7#c7 by redesignating paragraphs 7#e71 7#g71 7#h71 7#i71 and 7#aj7 as paragraphs 7#d71 7#e71 7#f71 7#g71 and 7#i71 respectively2 7#d7 in paragraph 7#d77;,b7 7as so redesignated71 by striking the ,federal-aid system and inserting ,federal-aid highways2 and 7#e7 by inserting after paragraph 7#g7 7as so redesignated7 the following3 7#h7 ,equal access for motorcoaches ,a private motorcoach that serves the public shall be provided access to a toll facility under the same rates1 terms1 and conditions as public transportation buses in the ,state4 4 #ajbj4 ,,hov facilities ,section #aff of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,high occupancy toll vehicles 7,a7 ,in general ,the ,state agency may allow vehicles not otherwise exempt under this subsection to use the ,,hov facility if the operators of the vehicles pay a toll charged by the agency for use of the facility and the agency-- 7i7 establishes a program that addresses how motorists can enroll and participate in the toll program2 7ii7 in the case of a high occupancy vehicle facility that affects a metropolitan area1 submits to the ,secretary a written statement that the metropolitan planning organization designated under section #acd for the area has been consulted concerning the placement and amount of tolls on the converted facility2 7iii7 develops1 manages1 and maintains a system that will automatically collect the toll2 and 7iv7 establishes policies and procedures-- 7,i7 to manage the demand to use the facility by varying the toll amount that is charged2 7,,ii7 to enforce violations of the use of the facility2 and 7,,iii7 to ensure that private motorcoaches that serve the public are provided access to the facility under the same rates1 terms1 and conditions1 as public transportation buses in the ,state4 7,b7 ,exemption from tolls ,in levying a toll on a facility under subparagraph 7,a71 a ,state agency may-- 7i7 designate classes of vehicles that are exempt from the toll2 and 7ii7 charge different toll rates for different classes of vehicles4 2 and 7,b7 in paragraph 7#e71 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,inherently low emission vehicle ,if a ,state agency establishes procedures for enforcing the restrictions on the use of a ,,hov facility by vehicles described in clauses 7i7 and 7ii71 the ,state agency may allow the use of the ,,hov facility by-- 7i7 alternative fuel vehicles2 and 7ii7 any motor vehicle described in section #cj;,d7d77#a7 of the ,internal ,revenue ,code of #aihf4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,tolls and inserting ,notwithstanding section #cja1 tolls2 and 7ii7 by striking notwithstanding section #cja and1 except as provided in paragraphs 7#b7 and 7#c72 7,b7 by striking paragraph 7#b72 and 7,c7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7#c7 in subsection 7d77#a71 by striking subparagraphs 7,d7 and 7,e7 and inserting the following3 7,d7 ,maintenance of operating performance 7i7 ,submission of plan ,not later than #ahj days after the date on which a facility is degraded under paragraph 7#b71 the ,state agency with jurisdiction over the facility shall submit to the ,secretary for approval a plan that details the actions the ,state agency will take to bring the facility into compliance with the minimum average operating speed performance standard through changes to operation of the facility1 including-- 7,i7 increasing the occupancy requirement for ,,hov lanes2 7,,ii7 varying the toll charged to vehicles allowed under subsection 7b7 to reduce demand2 7,,iii7 discontinuing allowing non-,,hov vehicles to use ,,hov lanes under subsection 7b72 or 7,,iv7 increasing the available capacity of the ,,hov facility4 7ii7 ,notice of approval or disapproval ,not later than #fj days after the date of receipt of a plan under clause 7i71 the ,secretary shall provide to the ,state agency a written notice indicating whether the ,secretary has approved or disapproved the plan based on a determination of whether the implementation of the plan will bring the ,,hov facility into compliance4 7iii7 ,biannual progress updates ,until the date on which the ,secretary determines that the ,state agency has brought the ,,hov facility into compliance with this subsection1 the ,state agency shall submit biannual updates that describe-- 7,i7 the actions taken to bring the ,,hov facility into compliance2 and 7,,ii7 the progress made by those actions4 7,e7 ,compliance ,the ,secretary shall subject the ,state to appropriate program sanctions under section #a4cf of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 until the performance is no longer degraded1 if-- 7i7 the ,state agency fails to submit an approved action plan under subparagraph 7,d7 to bring a degraded facility into compliance2 or 7ii7 after the ,state submits and the ,secretary approves an action plan under subparagraph 7,d71 the ,secretary determines that1 on a date that is not earlier than #a year after the approval of the action plan1 the ,state agency is not making significant progress toward bringing the ,,hov facility into compliance with the minimum average operating speed performance standard4 4 #ajba4 ,interstate system reconstruction and rehabilitation pilot program ,section #abaf7;b7 of the ,transportation ,equity ,act for the #bast ,century 7,public ,law #aje-agh2 #aab ,stat4 #bab7 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking the age1 condition1 and intensity of use of the facility and inserting an analysis demonstrating that the facility has a significant age1 condition1 or intensity of use to require expedited reconstruction or rehabilitation2 7,b7 in subparagraph 7,d77iii71 by inserting 1 and that demonstrates the capability of that agency to perform or oversee the building1 operation1 and maintenance of a toll expressway system meeting criteria for the ,interstate ,system before the semicolon at the end2 and 7,c7 by adding at the end the following3 7,e7 ,an analysis showing how the ,state plan for implementing tolls on the facility takes into account the interests and use of local1 regional1 and interstate travelers4 7,f7 ,an explanation of how the ,state will collect tolls using electronic toll collection1 including at highway speeds1 if practicable4 7,g7 ,a plan describing the proposed location for the collection of tolls on the facility1 including any locations in proximity to a ,state border4 7,h7 ,approved documentation that the project-- 7i7 has received a categorical exclusion1 a finding of no significant impact1 or a record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 complies with the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfja et seq474 2 7#b7 by striking paragraphs 7#d7 and 7#f72 7#c7 by redesignating paragraph 7#e7 as paragraph 7#d72 7#d7 in paragraph 7#d7 7as so redesignated7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking ,before the ,secretary may permit and inserting ,as a condition of permitting2 and 7,b7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by striking for-- and inserting for permissible uses described in section #abi7;a77#c7 of title #bc1 ,united ,states ,code2 and2 and 7ii7 by striking clauses 7i7 through 7iii72 7#e7 by inserting after paragraph 7#d7 7as so redesignated7 the following3 7#e7 ,application processing procedure 7,a7 ,in general ,not later than #fj days after receipt of an application under this subsection1 the ,secretary shall provide to the applicant a written notice informing the applicant whether-- 7i7 the application is complete and meets all requirements under this subsection2 or 7ii7 additional information or materials are needed-- 7,i7 to complete the application2 or 7,,ii7 to meet the eligibility requirements under paragraph 7#c74 7,b7 ,additional information or materials 7i7 ,in general ,not later than #fj days after receipt of an application1 the ,secretary shall-- 7,i7 identify any additional information or materials that are needed under subparagraph 7,a77ii72 and 7,,ii7 provide to the applicant written notice specifying the details of the additional required information or materials4 7ii7 ,amended application ,not later than #fj days after receipt of the additional information under clause 7i71 the ,secretary shall determine if the amended application is complete and meets all requirements under this subsection4 7,c7 ,technical assistance ,on the request of a ,state1 the ,secretary shall provide technical assistance to facilitate the development of a complete application under this paragraph that is likely to satisfy the eligibility criteria under paragraph 7#c74 7,d7 ,approval of application ,on written notice by the ,secretary that the application is complete and meets all requirements of this subsection1 the project is considered approved and shall be permitted to participate in the program under this subsection4 7,e7 ,limitation on approved application 7i7 ,in general ,for an application received under this subsection on or after the date of enactment of the ,,drive ,act for the reconstruction or rehabilitation of a facility1 a ,state shall-- 7,i7 not later than #a year after the date on which the application is approved1 issue a solicitation for a contract to provide for the reconstruction or rehabilitation of the facility2 and 7,,ii7 not later than #b years after the date on which the application is approved1 execute a contract for the reconstruction or rehabilitation of the facility4 7ii7 ,prior applications ,for an application that received a conditional provisional approval under this subsection before the date of enactment of the ,,drive ,act1 for the reconstruction or rehabilitation of a facility1 a ,state shall-- 7,i7 not later than #a year after the date of enactment of the ,,drive ,act1 issue a solicitation for a contract to provide for the reconstruction or rehabilitation of the facility2 and 7,,ii7 not later than #b years after the date of enactment of the ,,drive ,act1 execute a contract for the reconstruction or rehabilitation of the facility4 7iii7 ,cancellation or extension ,if an applicable deadline under clause 7i7 or 7ii7 is not met1 the ,secretary shall-- 7,i7 cancel the application approval2 or 7,,ii7 grant an extension of not more than #a year for the applicable deadline1 on the condition that-- 7aa7 there has been demonstrable progress toward meeting the applicable requirements2 and 7bb7 the requirements are likely to be met within #a year4 7#f7 ,limitation on the use of national highway performance program funds ,during the term of the pilot program1 funds apportioned for the national highway performance program under section #ajd7;b77#a7 of title #bc1 ,united ,states ,code1 may not be used for a facility for which tolls are being collected under the pilot program unless the funds are used for a maintenance purpose1 as defined in section #aja7;a7 of title #bc1 ,united ,states ,code4 2 7#f7 by redesignating paragraphs 7#g7 and 7#h7 as paragraphs 7#h7 and 7#i71 respectively2 7#g7 by inserting after paragraph 7#f7 the following3 7#g7 ,withdrawal ,a ,state may elect to withdraw participation of the ,state in the pilot program at any time4 2 and 7#h7 in paragraph 7#h7 7as redesignated by paragraph 7#f771 by inserting after the date of enactment of the ,,drive ,act after #aj years4 #ajbb4 ,emergency relief for federally owned roads 7a7 ,eligibility ,section #abe7;d77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking or at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,c7 projects eligible for assistance under this section located on tribal transportation facilities1 ,federal lands transportation facilities1 or other federally owned roads that are open to public travel 7as defined in subsection 7e77#a774 4 7b7 ,definition ,section #abe7;e7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,definitions ,in this subsection3 7,a7 ,open to public travel ,the term open to public travel means1 with respect to a road1 that1 except during scheduled periods1 extreme weather conditions1 or emergencies1 the road-- 7i7 is maintained2 7ii7 is open to the general public2 and 7iii7 can accommodate travel by a standard passenger vehicle1 without restrictive gates or prohibitive signs or regulations1 other than for general traffic control or restrictions based on size1 weight1 or class of registration4 7,b7 ,standard passenger vehicle ,the term standard passenger vehicle means a vehicle with #f inches of clearance from the lowest point of the frame1 body1 suspension1 or differential to the ground4 4 #ajbc4 ,bridges requiring closure or load restrictions ,section #add7;h7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#g7 and 7#h71 respectively2 7#b7 by inserting after paragraph 7#e7 the following3 7#f7 ,bridges requiring closure or load restrictions 7,a7 ,bridges owned by ,federal agencies or tribal governments ,if a ,federal agency or tribal government fails to ensure that any highway bridge that is open to public travel and located in the jurisdiction of the ,federal agency or tribal government is properly closed or restricted to loads that the bridge can carry safely1 the ,secretary-- 7i7 shall1 on learning of the need to close or restrict loads on the bridge1 require the ,federal agency or tribal government to take action necessary-- 7,i7 to close the bridge within #dh hours2 or 7,,ii7 within #cj days1 to restrict public travel on the bridge to loads that the bridge can carry safely2 and 7ii7 may1 if the ,federal agency or tribal government fails to take action required under clause 7i71 withhold all funding authorized under this title for the ,federal agency or tribal government4 4 7,b7 ,other bridges ,if a ,state fails to ensure that any highway bridge1 other than a bridge described in subparagraph 7,a71 that is open to public travel and is located within the boundaries of the ,state is properly closed or restricted to loads the bridge can carry safely1 the ,secretary-- 7i7 shall1 on learning of the need to close or restrict loads on the bridge1 require the ,state to take action necessary-- 7,i7 to close the bridge within #dh hours2 or 7,,ii7 within #cj days1 to restrict public travel on the bridge to loads that the bridge can carry safely2 and 7ii7 may1 if the ,state fails to take action required under clause 7i71 withhold approval for ,federal-aid projects in that ,state4 2 and 7#c7 in paragraph 7#h7 7as redesignated by paragraph 7#a771 by striking 7#f7 and inserting 7#g74 #ajbd4 ,national electric vehicle charging and natural gas fueling corridors 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after section #aej the following3 #aea4 ,national electric vehicle charging and natural gas fueling corridors 7a7 ,in general ,not later than #a year after the date of enactment of the ,,drive ,act1 the ,secretary shall designate national electric vehicle charging and natural gas fueling corridors that identify the near- and long-term need for1 and location of1 electric vehicle charging infrastructure and natural gas fueling infrastructure at strategic locations along major national highways to improve the mobility of passenger and commercial vehicles that employ electric and natural gas fueling technologies across the ,united ,states4 7b7 ,designation of corridors ,in designating the corridors under subsection 7a71 the ,secretary shall-- 7#a7 solicit nominations from ,state and local officials for facilities to be included in the corridors2 7#b7 incorporate existing electric vehicle charging and natural gas fueling corridors designated by a ,state or group of ,states2 and 7#c7 consider the demand for1 and location of1 existing electric vehicle charging and natural gas fueling infrastructure4 7c7 ,stakeholders ,in designating corridors under subsection 7a71 the ,secretary shall involve1 on a voluntary basis1 stakeholders that include-- 7#a7 the heads of other ,federal agencies2 7#b7 ,state and local officials2 7#c7 representatives of-- 7,a7 energy utilities2 7,b7 the electric and natural gas vehicle industries2 7,c7 the freight and shipping industry2 7,d7 clean technology firms2 7,e7 the hospitality industry2 7,f7 the restaurant industry2 and 7,g7 highway rest stop vendors2 and 7#d7 such other stakeholders as the ,secretary determines to be necessary4 7d7 ,redesignation ,not later than #e years after the date of establishment of the corridors under subsection 7a71 and every #e years thereafter1 the ,secretary shall update and redesignate the corridors4 7e7 ,report ,during designation and redesignation of the corridors under this section1 the ,secretary shall issue a report that-- 7#a7 identifies electric vehicle charging and natural gas fueling infrastructure and standardization needs for electricity providers1 natural gas providers1 infrastructure providers1 vehicle manufacturers1 electricity purchasers1 and natural gas purchasers2 and 7#b7 establishes an aspirational goal of achieving strategic deployment of electric vehicle charging and natural gas fueling infrastructure in those corridors by the end of fiscal year #bjba4 4 7b7 ,conforming amendment ,the analysis of chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #aea and inserting the following3 #aea4 ,national ,electric ,vehicle ,charging and ,natural ,gas ,fueling ,corridors4 4 #ajbe4 ,asset management 7a7 ,section #aai7;f77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking structurally deficient and inserting being in poor condition2 and 7#b7 in subparagraph 7,b71 by striking structurally deficient and inserting being in poor condition4 7b7 ,section #add of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a77;,b71 by striking deficient 2 and 7#b7 in subsection 7b77#e71 by striking each structurally deficient bridge and inserting each bridge in poor condition4 7c7 ,section #bjb7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking deficient2 7#b7 in paragraph 7#b77;,b71 by striking deficient2 and 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking the semicolon at the end and inserting 2 and2 7,b7 in subparagraph 7,b71 by striking 2 and at the end and inserting a period2 and 7,c7 by striking subparagraph 7,c74 #ajbf4 ,tribal transportation program amendment ,section #bjb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#f71 by striking #f percent and inserting #e percent2 and 7#b7 in subsection 7d77#b71 in the matter preceding subparagraph 7,a7 by striking #b percent and inserting #c percent4 #ajbg4 ,nationally significant ,federal lands and tribal projects program 7a7 ,purpose ,the ,secretary shall establish a nationally significant ,federal lands and tribal projects program 7referred to in this section as the program7 to provide funding to construct1 reconstruct1 or rehabilitate nationally significant ,federal lands and tribal transportation projects4 7b7 ,eligible applicants 7#a7 ,in general ,except as provided in paragraph 7#b71 entities eligible to receive funds under sections #bja1 #bjb1 #bjc1 and #bjd of title #bc1 ,united ,states ,code1 may apply for funding under the program4 7#b7 ,special rule ,a ,state1 county1 or unit of local government may only apply for funding under the program if sponsored by an eligible ,federal land management agency or ,indian tribe4 7c7 ,eligible projects ,an eligible project under the program shall be a single continuous project-- 7#a7 on a ,federal lands transportation facility1 a ,federal lands access transportation facility1 or a tribal transportation facility 7as those terms are defined in section #aja of title #bc1 ,united ,states ,code71 except that such facility is not required to be included on an inventory described in sections #bjb or #bjc of title #bc1 ,united ,states ,code2 7#b7 for which completion of activities required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 has been demonstrated through-- 7,a7 a record of decision with respect to the project2 7,b7 a finding that the project has no significant impact2 or 7,c7 a determination that the project is categorically excluded2 and 7#c7 having an estimated cost1 based on the results of preliminary engineering1 equal to or exceeding #be1jjj1jjj1 with priority consideration given to projects with an estimated cost equal to or exceeding #ej1jjj1jjj4 7d7 ,eligible activities 7#a7 ,in general ,subject to paragraph 7#b71 an eligible applicant receiving funds under the program may only use the funds for construction1 reconstruction1 and rehabilitation activities4 7#b7 ,ineligible activities ,an eligible applicant may not use funds received under the program for activities relating to project design4 7e7 ,applications ,eligible applicants shall submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may require4 7f7 ,selection criteria ,in selecting a project to receive funds under the program1 the ,secretary shall consider the extent to which the project-- 7#a7 furthers the goals of the ,department1 including state of good repair1 environmental sustainability1 economic competitiveness1 quality of life1 and safety2 7#b7 improves the condition of critical multimodal transportation facilities2 7#c7 needs construction1 reconstruction1 or rehabilitation2 7#d7 is included in or eligible for inclusion in the ,national ,register of ,historic ,places2 7#e7 enhances environmental ecosystems2 7#f7 uses new technologies and innovations that enhance the efficiency of the project2 7#g7 is supported by funds1 other than the funds received under the program1 to construct1 maintain1 and operate the facility2 7#h7 spans #b or more ,states2 and 7#i7 serves land owned by multiple ,federal agencies or ,indian tribes4 7g7 ,federal share ,the ,federal share of the cost of a project shall be #ie percent4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aej1jjj1jjj for each of fiscal years #bjaf through #bjba1 to remain available for a period of #c fiscal years following the fiscal year for which the amounts were appropriated4 #ajbh4 ,federal lands programmatic activities ,section #bja7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f77;,a7-- 7,a7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively2 7,b7 in the matter preceding subclause 7,i7 7as so redesignated71 by striking ,the ,secretaries and inserting the following3 7i7 ,in general ,the ,secretaries 2 7,c7 by inserting a period after tribal transportation program2 and 7,d7 by striking in accordance with and all that follows through including-- and inserting the following3 7ii7 ,requirement ,data collected to implement the tribal transportation program shall be in accordance with the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq474 7iii7 ,inclusions ,data collected under this paragraph includes-- 2 and 7#b7 by striking paragraph 7#g7 and inserting the following3 7#g7 ,cooperative research and technology deployment ,the ,secretary may conduct cooperative research and technology deployment in coordination with ,federal land management agencies1 as determined appropriate by the ,secretary4 7#h7 ,funding 7,a7 ,in general ,to carry out the activities described in this subsection for ,federal lands transportation facilities1 ,federal lands access transportation facilities1 and other federally owned roads open to public travel 7as that term is defined in section #abe7;e771 the ,secretary shall combine and use not greater than #e percent for each fiscal year of the funds authorized for programs under sections #bjc and #bjd4 7,b7 ,other activities ,in addition to the activities described in subparagraph 7,a71 funds described under that subparagraph may be used for-- 7i7 bridge inspections on any federally owned bridge even if that bridge is not included on the inventory described under section #bjc2 and 7ii7 transportation planning activities carried out by ,federal land management agencies eligible for funding under this chapter4 4 #ajbi4 ,federal lands transportation program ,section #bjc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,b71 by striking operation and inserting capital1 operations12 and 7,b7 in subparagraph 7,d71 by striking subparagraph 7,a77iv7 and inserting subparagraph 7,a77iv77,i72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,b7-- 7i7 in clause 7iv71 by striking and at the end2 7ii7 in clause 7v71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7vi7 the ,bureau of ,reclamation2 and 7vii7 independent ,federal agencies with natural resource and land management responsibilities4 2 and 7,b7 in paragraph 7#b77;,b71 in the matter preceding clause 7i71 by inserting performance management1 including after support2 and 7#c7 in subsection 7c77#b77;,b71 by adding at the end the following3 7vi7 ,the ,bureau of ,reclamation4 4 ,b ,acceleration of project delivery #aaja4 ,categorical exclusion for projects of limited ,federal assistance ,section #acag of ,,map-#ba 7#bc ,u4,s4,c4 #aji note2 ,public ,law #aab-ada7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,not later than and inserting the following3 7a7 ,in general ,not later than 2 and 7#b7 by adding at the end the following3 7b7 ,inflationary adjustment ,the dollar amounts described in subsection 7a7 shall be adjusted for inflation-- 7#a7 effective ,october #a1 #bjae1 to reflect changes since ,july #a1 #bjab1 in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor2 and 7#b7 effective ,october #a1 #bjaf1 and each succeeding ,october #a1 to reflect changes for the preceding #ab-month period in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor4 4 #aajb4 ,programmatic agreement template 7a7 ,in general ,section #acah of ,,map-#ba 7#bc ,u4,s4,c4 #aji note2 ,public ,law #aab-ada7 is amended by adding at the end the following3 7e7 ,programmatic agreement template 7#a7 ,in general ,the ,secretary shall develop a template programmatic agreement described in subsection 7d7 that provides for efficient and adequate procedures for evaluating ,federal actions described in section #gga4aag7;c7 of title #bc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection74 7#b7 ,use of template ,the ,secretary-- 7,a7 on receipt of a request from a ,state1 shall use the template programmatic agreement developed under paragraph 7#a7 in carrying out this section2 and 7,b7 on consent of the applicable ,state1 may modify the template as necessary to address the unique needs and characteristics of the ,state4 7#c7 ,outcome measurements ,the ,secretary shall establish a method to verify that actions described in section #gga4aag7;c7 of title #bc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection71 are evaluated and documented in a consistent manner by the ,state that uses the template programmatic agreement under this subsection4 4 7b7 ,categorical exclusion determinations ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall revise section #gga4aag7;g7 of title #bc1 ,code of ,federal ,regulations1 to allow a programmatic agreement under this section to include responsibility for making categorical exclusion determinations-- 7#a7 for actions described in subsections 7c7 and 7d7 of section #gga4aag of title #bc1 ,code of ,federal ,regulations2 and 7#b7 that meet the criteria for a categorical exclusion under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 and are identified in the programmatic agreement4 #aajc4 ,agency coordination 7a7 ,roles and responsibility of lead agency ,section #aci7;c77#f7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking and at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 to consider and respond to comments received from participating agencies on matters within the special expertise or jurisdiction of the participating agencies4 4 7b7 ,participating agency responsibilities ,section #aci7;d7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#h7 ,participating agency responsibilities ,an agency participating in the collaborative environmental review process under this section shall-- 7,a7 provide comments1 responses1 studies1 or methodologies on those areas within the special expertise or jurisdiction of the ,federal participating or cooperating agency2 and 7,b7 use the process to address any environmental issues of concern to the participating or cooperating agency4 4 #aajd4 ,initiation of environmental review process ,section #aci of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking paragraph 7#f7 and inserting the following3 7#f7 ,project 7,a7 ,in general ,the term project means any highway project1 public transportation capital project1 or multimodal project that1 if implemented as proposed by the project sponsor1 would require approval by any operating administration or secretarial office within the ,department4 7,b7 ,considerations ,for purposes of this paragraph1 the ,secretary shall take into account1 if known1 any sources of ,federal funding or financing identified by the project sponsor1 including discretionary grant1 loan1 and loan guarantee programs administered by the ,department4 2 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by inserting 7including any additional information that the project sponsor considers to be important to initiate the process for the proposed project7 after location of the proposed project2 and 7,b7 by adding at the end the following3 7#c7 ,review of application ,not later than #de days after the date on which an application is received by the ,secretary under this subsection1 the ,secretary shall provide to the project sponsor a written response that1 as applicable-- 7,a7 describes the determination of the ,secretary-- 7i7 to initiate the environmental review process1 including a timeline and an expected date for the publication in the ,federal ,register of the relevant notice of intent2 or 7ii7 to decline the application1 including an explanation of the reasons for that decision2 or 7,b7 requests additional information1 and provides to the project sponsor an accounting1 regarding what is necessary to initiate the environmental review process4 7#d7 ,request to designate a lead agency 7,a7 ,in general ,any project sponsor may submit a request to the ,secretary to designate a specific operating administration or secretarial office within the ,department of ,transportation to serve as the ,federal lead agency for a project4 7,b7 ,proposed schedule ,a request under subparagraph 7,a7 may include a proposed schedule for completing the environmental review process4 7,c7 ,secretarial action 7i7 ,in general ,if a request under subparagraph 7,a7 is received1 the ,secretary shall respond to the request not later than #de days after the date of receipt4 7ii7 ,requirements ,the response shall-- 7,i7 approve the request2 7,,ii7 deny the request1 with an explanation of the reasons2 or 7,,iii7 require the submission of additional information4 7iii7 ,additional information ,if additional information is submitted in accordance with clause 7ii77,,iii71 the ,secretary shall respond to that submission not later than #de days after the date of receipt4 2 and 7#c7 in subsection 7f77#d71 by adding at the end the following3 7,e7 ,reduction of duplication 7i7 ,in general ,in carrying out this paragraph1 the lead agency shall reduce duplication1 to the maximum extent practicable1 between-- 7,i7 the evaluation of alternatives under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,,ii7 the evaluation of alternatives in the metropolitan transportation planning process under section #acd of title #bc1 ,united ,states ,code1 or an environmental review process carried out under ,state law 7referred to in this subparagraph as a ,state environmental review process74 7ii7 ,consideration of alternatives ,the lead agency may eliminate from detailed consideration an alternative proposed in an environmental impact statement regarding a project if1 as determined by the lead agency-- 7,i7 the alternative was considered in a metropolitan planning process or a ,state environmental review process by a metropolitan planning organization or a ,state or local transportation agency1 as applicable2 7,,ii7 the lead agency provided guidance to the metropolitan planning organization or ,state or local transportation agency1 as applicable1 regarding analysis of alternatives in the metropolitan planning process or ,state environmental review process1 including guidance on the requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and any other requirements of ,federal law necessary for approval of the project2 7,,iii7 the applicable metropolitan planning process or ,state environmental review process included an opportunity for public review and comment2 7,,iv7 the applicable metropolitan planning organization or ,state or local transportation agency rejected the alternative after considering public comments2 7,v7 the ,federal lead agency independently reviewed the alternative evaluation approved by the applicable metropolitan planning organization or ,state or local transportation agency2 and 7,,vi7 the ,federal lead agency has determined-- 7aa7 in consultation with ,federal participating or cooperating agencies1 that the alternative to be eliminated from consideration is not necessary for compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7bb7 with the concurrence of ,federal agencies with jurisdiction over a permit or approval required for a project1 that the alternative to be eliminated from consideration is not necessary for any permit or approval under any other ,federal law4 4 #aaje4 ,improving collaboration for accelerated decisionmaking 7a7 ,coordination and scheduling ,section #aci7;g77#a77;,b77i7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the lead agency and inserting ,for a project requiring an environmental impact statement or environmental assessment1 the lead agency2 and 7#b7 by striking may and inserting shall4 7b7 ,issue identification and resolution ,section #aci7;h7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d77;,c71 by striking paragraph 7#e7 and and inserting paragraph 7#e72 7#b7 in paragraph 7#e77;,a77ii77,i71 by inserting 1 including modifications to the project schedule after review process2 and 7#c7 in paragraph 7#f77;,b71 by striking clause 7ii7 and inserting the following3 7ii7 ,description of date ,the date referred to in clause 7i7 is #a of the following3 7,i7 ,the date that is #cj days after the date for rendering a decision as described in the project schedule established pursuant to subsection 7g77#a77;,b74 7,,ii7 ,if no schedule exists1 the later of-- 7aa7 the date that is #ahj days after the date on which an application for the permit1 license or approval is complete2 or 7bb7 the date that is #ahj days after the date on which the ,federal lead agency issues a decision on the project under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,,iii7 ,a modified date consistent with subsection 7g77#a77;,d74 4 #aajf4 ,accelerated decisionmaking in environmental reviews 7a7 ,in general ,section #aci of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7n7 ,accelerated decisionmaking in environmental reviews 7#a7 ,in general ,in preparing a final environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations regarding why the comments do not warrant additional agency response1 the lead agency may write on errata sheets attached to the statement instead of rewriting the draft statement1 subject to the condition that the errata sheets shall-- 7,a7 cite the sources1 authorities1 or reasons that support the position of the lead agency2 and 7,b7 if appropriate1 indicate the circumstances that would trigger agency reappraisal or further response4 7#b7 ,incorporation ,to the maximum extent practicable1 the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision1 unless-- 7,a7 the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns2 or 7,b7 there are significant new circumstances or information that-- 7i7 are relevant to environmental concerns2 and 7ii7 bear on the proposed action or the impacts of the proposed action4 4 7b7 ,repeal ,section #acai of ,,map-#ba 7#db ,u4,s4,c4 #dccb;a7 is repealed4 #aajg4 ,improving transparency in environmental reviews ,section #aci of title #bc1 ,united ,states ,code 7as amended by section #aajf7;a771 is amended by adding at the end the following3 7o7 ,reviews1 approvals1 and permitting platform 7#a7 ,in general ,not later than #b years after the date of enactment of this subsection1 the ,secretary shall establish an online platform and1 in coordination with agencies described in paragraph 7#b71 issue reporting standards to make publicly available the status of reviews1 approvals1 and permits required for compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or other applicable ,federal laws for projects and activities requiring an environmental assessment or an environmental impact statement4 7#b7 ,federal agency participation ,a ,federal agency of jurisdiction over a review1 approval1 or permit described in paragraph 7#a7 shall provide status information in accordance with the standards established by the ,secretary under paragraph 7#a74 7#c7 ,state responsibilities ,a ,state that is assigned and assumes responsibilities under section #cbf or #cbg shall provide applicable status information in accordance with standards established by the ,secretary under paragraph 7#a74 4 #aajh4 ,integration of planning and environmental review ,section #afh of title #bc1 ,united ,states ,code1 is amended to read as follows3 #afh4 ,integration of planning and environmental review 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,environmental review process ,the term environmental review process means the process for preparing for a project an environmental impact statement1 environmental assessment1 categorical exclusion1 or other document prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,lead agency ,the term lead agency has the meaning given the term in section #aci7;a74 7#c7 ,planning product ,the term planning product means a decision1 analysis1 study1 or other documented information that is the result of an evaluation or decisionmaking process carried out by a metropolitan planning organization or a ,state1 as appropriate1 during metropolitan or statewide transportation planning under section #acd or #ace1 respectively4 7#d7 ,project ,the term project has the meaning given the term in section #aci7;a74 7b7 ,adoption of planning products for use in ,,nepa proceedings 7#a7 ,in general ,subject to subsection 7d71 the ,federal lead agency for a project may adopt and use a planning product in proceedings relating to any class of action in the environmental review process of the project4 7#b7 ,identification ,if the ,federal lead agency makes a determination to adopt and use a planning product1 the ,federal lead agency shall identify the agencies that participated in the development of the planning products4 7#c7 ,partial adoption of planning products ,the ,federal lead agency may-- 7,a7 adopt an entire planning product under paragraph 7#a72 or 7,b7 select portions of a planning project under paragraph 7#a7 for adoption4 7#d7 ,timing ,a determination under paragraph 7#a7 with respect to the adoption of a planning product may-- 7,a7 be made at the time the lead agencies decide the appropriate scope of environmental review for the project2 or 7,b7 occur later in the environmental review process1 as appropriate4 7c7 ,applicability 7#a7 ,planning decisions ,the lead agency in the environmental review process may adopt decisions from a planning product1 including-- 7,a7 whether tolling1 private financial assistance1 or other special financial measures are necessary to implement the project2 7,b7 a decision with respect to general travel corridor or modal choice1 including a decision to implement corridor or subarea study recommendations to advance different modal solutions as separate projects with independent utility2 7,c7 the purpose and the need for the proposed action2 7,d7 preliminary screening of alternatives and elimination of unreasonable alternatives2 7,e7 a basic description of the environmental setting2 7,f7 a decision with respect to methodologies for analysis2 and 7,g7 an identification of programmatic level mitigation for potential impacts of transportation projects1 including-- 7i7 measures to avoid1 minimize1 and mitigate impacts at a regional or national scale2 7ii7 investments in regional ecosystem and water resources2 and 7iii7 a programmatic mitigation plan developed in accordance with section #afi4 7#b7 ,planning analyses ,the lead agency in the environmental review process may adopt analyses from a planning product1 including-- 7,a7 travel demands2 7,b7 regional development and growth2 7,c7 local land use1 growth management1 and development2 7,d7 population and employment2 7,e7 natural and built environmental conditions2 7,f7 environmental resources and environmentally sensitive areas2 7,g7 potential environmental effects1 including the identification of resources of concern and potential indirect and cumulative effects on those resources2 and 7,h7 mitigation needs for a proposed action1 or for programmatic level mitigation1 for potential effects that the ,federal lead agency determines are most effectively addressed at a regional or national program level4 7d7 ,conditions ,the lead agency in the environmental review process may adopt and use a planning product under this section if the lead agency determines1 with the concurrence of other participating agencies with relevant expertise and project sponsors1 as appropriate1 that the following conditions have been met3 7#a7 ,the planning product was developed through a planning process conducted pursuant to applicable ,federal law4 7#b7 ,the planning product was developed in consultation with appropriate ,federal and ,state resource agencies and ,indian tribes4 7#c7 ,the planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects1 including effects on the human and natural environment4 7#d7 ,the planning process included public notice that the planning products produced in the planning process may be adopted during a subsequent environmental review process in accordance with this section4 7#e7 ,during the environmental review process1 the lead agency has-- 7,a7 made the planning documents available for public review and comment2 7,b7 provided notice of the intention of the lead agency to adopt the planning product2 and 7,c7 considered any resulting comments4 7#f7 ,there is no significant new information or new circumstance that has a reasonable likelihood of affecting the continued validity or appropriateness of the planning product4 7#g7 ,the planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies4 7#h7 ,the planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process4 7#i7 ,the planning product is appropriate for adoption and use in the environmental review process for the project and is incorporated in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and section #aejb4ba of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of the ,,drive ,act74 7e7 ,effect of adoption ,any planning product adopted by the ,federal lead agency in accordance with this section may be-- 7#a7 incorporated directly into an environmental review process document or other environmental document2 and 7#b7 relied on and used by other ,federal agencies in carrying out reviews of the project4 7f7 ,rules of construction 7#a7 ,in general ,this section does not make the environmental review process applicable to the transportation planning process conducted under this title and chapter #ec of title #di4 7#b7 ,transportation planning activities ,initiation of the environmental review process as a part of1 or concurrently with1 transportation planning activities does not subject transportation plans and programs to the environmental review process4 7#c7 ,planning products ,this section does not affect the use of planning products in the environmental review process pursuant to other authorities under any other provision of law or restrict the initiation of the environmental review process during planning4 4 #aaji4 ,use of programmatic mitigation plans ,section #afi7;f7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking may use and inserting shall consider2 and 7#b7 by inserting or other ,federal environmental law before the period at the end4 #aaaj4 ,adoption of ,departmental environmental documents 7a7 ,in general ,title #di1 ,united ,states ,code1 is amended by inserting after section #cjf the following3 #cjg4 ,adoption of ,departmental environmental documents 7a7 ,in general ,an operating administration or secretarial office within the ,department may adopt any draft environmental impact statement1 final environmental impact statement1 environmental assessment1 or any other document issued under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 by another operating administration or secretarial office within the ,department-- 7#a7 without recirculating the document 7except that a final environmental impact statement shall be recirculated prior to adoption72 and 7#b7 if the operating administration or secretarial office adopting the document certifies that the project is substantially the same as the project reviewed under the document to be adopted4 7b7 ,cooperating agency ,an adopting operating administration or secretarial office that was a cooperating agency and certifies that the project is substantially the same as the project reviewed under the document to be adopted and that the comments and suggestions in the document have been addressed may adopt a document described in subsection 7a7 without recirculating the document4 4 7b7 ,conforming amendment ,the analysis for chapter #c of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #cjg and inserting the following3 ,sec4 #cjg4 ,adoption of ,departmental environmental documents4 4 #aaaa4 ,technical assistance for ,states ,section #cbf of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#c7 through 7#e71 respectively2 and 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,assistance to ,states ,on request of a ,governor of a ,state1 the ,secretary shall provide to the ,state technical assistance1 training1 or other support relating to-- 7,a7 assuming responsibility under subsection 7a72 7,b7 developing a memorandum of understanding under this subsection2 or 7,c7 addressing a responsibility in need of corrective action under subsection 7d77#a77;,b74 2 and 7#b7 in subsection 7d71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,termination by ,secretary ,the ,secretary may terminate the participation of any ,state in the program1 if-- 7,a7 the ,secretary determines that the ,state is not adequately carrying out the responsibilities assigned to the ,state2 7,b7 the ,secretary provides to the ,state-- 7i7 a notification of the determination of noncompliance2 7ii7 a period of not less than #abj days to take such corrective action as the ,secretary determines to be necessary to comply with the applicable agreement2 and 7iii7 on request of the ,governor of the ,state1 a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph 7,a72 and 7,c7 the ,state1 after the notification and period described in clauses 7i7 and 7ii7 of subparagraph 7,b71 fails to take satisfactory corrective action1 as determined by the ,secretary4 4 #aaab4 ,surface transportation project delivery program ,section #cbg7;j7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,termination by ,secretary ,the ,secretary may terminate the participation of any ,state in the program if-- 7,a7 the ,secretary determines that the ,state is not adequately carrying out the responsibilities assigned to the ,state2 7,b7 the ,secretary provides to the ,state-- 7i7 a notification of the determination of noncompliance2 7ii7 a period of not less than #abj days to take such corrective action as the ,secretary determines to be necessary to comply with the applicable agreement2 and 7iii7 on request of the ,governor of the ,state1 a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph 7,a72 and 7,c7 the ,state1 after the notification and period provided under subparagraph 7,b71 fails to take satisfactory corrective action1 as determined by the ,secretary4 4 #aaac4 ,categorical exclusions for multimodal projects 7a7 ,multimodal project defined ,section #aci7;a7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#e7 and inserting the following3 7#e7 ,multimodal project ,the term multimodal project means a project that requires approval by more than #a ,department of ,transportation operating administration or secretarial office4 4 7b7 ,application of categorical exclusions for multimodal projects ,section #cjd of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking operating authority that is not the lead authority with respect to a project and inserting operating administration or secretarial office that has expertise but is not the lead authority with respect to a proposed multimodal project2 and 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,lead authority ,the term lead authority means a ,department of ,transportation operating administration or secretarial office that has the lead responsibility for compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for a proposed multimodal project4 2 7#b7 in subsection 7b71 by striking under this title and inserting by the ,secretary of ,transportation2 7#c7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking a categorical exclusion designated under the implementing regulations or and inserting a categorical exclusion designated under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 implementing regulations or2 and 7ii7 by striking other components of the and inserting a proposed multimodal2 and 7,b7 by striking paragraphs 7#a7 through 7#e7 and inserting the following3 7#a7 the lead authority makes a determination1 in consultation with the cooperating authority1 on the applicability of a categorical exclusion to a proposed multimodal project2 7#b7 the cooperating authority does not object to the determination of the lead authority of the applicability of a categorical exclusion2 7#c7 the lead authority determines that the component of the proposed multimodal project to be covered by the categorical exclusion of the cooperating authority has independent utility2 and 7#d7 the lead authority determines that-- 7,a7 the proposed multimodal project does not individually or cumulatively have a significant impact on the environment2 and 7,b7 extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 2 and 7#d7 by striking subsection 7d7 and inserting the following3 7d7 ,cooperative authority expertise ,a cooperating authority shall provide expertise to the lead authority on aspects of the multimodal project in which the cooperating authority has expertise4 4 #aaad4 ,modernization of the environmental review process 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall examine ways to modernize1 simplify1 and improve the implementation of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dbca et seq47 by the ,department4 7b7 ,inclusions ,in carrying out subsection 7a71 the ,secretary shall consider-- 7#a7 the use of technology in the process1 such as-- 7,a7 searchable databases2 7,b7 geographic information system mapping tools2 7,c7 integration of those tools with fiscal management systems to provide more detailed data2 and 7,d7 other innovative technologies2 7#b7 ways to prioritize use of programmatic environmental impact statements2 7#c7 methods to encourage cooperating agencies to present analyses in a concise format2 and 7#d7 any other improvements that can be made to modernize process implementation4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 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 describing the results of the review carried out under subsection 7a74 #aaae4 ,service club1 charitable association1 or religious service signs ,notwithstanding section #aca of title #bc1 ,united ,states ,code1 and part #gej of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 a ,state may allow the maintenance of a sign of a service club1 charitable association1 or religious service that was erected as of the date of enactment of this ,act1 the area of which is less than or equal to #cb square feet1 if the ,state notifies the ,federal ,highway ,administration4 #aaaf4 ,satisfaction of requirements for certain historic sites 7a7 ,highways ,section #ach of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,satisfaction of requirements for certain historic sites 7#a7 ,in general ,the ,secretary shall-- 7,a7 ensure that the requirements of this section are consistent with the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dbca et seq47 and section #cjfajh of title #ed1 including implementing regulations2 and 7,b7 not later than #ij days after the date of enactment of this subsection1 coordinate with the ,secretary of the ,interior and the ,executive ,director of the ,advisory ,council on ,historic ,preservation 7referred to in this subsection as the ,council7 to establish procedures to satisfy the requirements described in subparagraph 7,a7 7including regulations74 7#b7 ,avoidance alternative analysis 7,a7 ,in general ,if1 in an analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dbca et seq471 the ,secretary determines that there is no feasible or prudent alternative to avoid use of a historic site1 the ,secretary may-- 7i7 include the determination of the ,secretary in the analysis required under that ,act2 7ii7 provide a notice of the determination to-- 7,i7 each applicable ,state historic preservation officer and tribal historic preservation officer2 7,,ii7 the ,council1 if the ,council is participating in the consultation process under section #cjfajh of title #ed2 and 7,,iii7 the ,secretary of the ,interior2 and 7iii7 request from the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior a concurrence that the determination is sufficient to satisfy the requirement of subsection 7a77#a74 7,b7 ,concurrence ,if the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior provide a concurrence requested under subparagraph 7,a77iii7-- 7i7 no further analysis under subsection 7a77#a7 shall be required2 7ii7 the ,secretary shall include in the record of decision or finding of no significant impact a notice of a determination and each relevant concurrence to the determination under subparagraph 7,a72 and 7iii7 not later than #c days after the receipt by the ,secretary of all concurrences requested under subparagraph 7,a77iii71 the ,secretary shall post on an appropriate ,federal website the determination and each relevant concurrence described in clause 7ii74 7#c7 ,aligning historical reviews 7,a7 ,in general ,if the ,secretary1 the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior concur that there is no feasible and prudent alternative as described in paragraph 7#b71 the ,secretary may provide to the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior notice of the intent of the ,secretary to satisfy the requirements of subsection 7a77#b7 through the consultation requirements of section #cjfajh of title #ed4 7,b7 ,satisfaction of conditions ,to satisfy the requirements of subsection 7a77#b71 each individual described in paragraph 7#b77;,a77ii7 shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section #cjfajh of title #ed4 4 7b7 ,public transportation ,section #cjc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c71 in the matter preceding paragraph 7#a71 by striking subsection 7d7 and inserting subsections 7d7 and 7e72 and 7#b7 by adding at the end the following3 7e7 ,satisfaction of requirements for certain historic sites 7#a7 ,in general ,the ,secretary shall-- 7,a7 ensure that the requirements of this section are consistent with the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dbca et seq47 and section #cjfajh of title #ed1 including implementing regulations2 and 7,b7 not later than #ij days after the date of enactment of this subsection1 coordinate with the ,secretary of the ,interior and the ,executive ,director of the ,advisory ,council on ,historic ,preservation 7referred to in this subsection as the ,council7 to establish procedures to satisfy the requirements described in subparagraph 7,a7 7including regulations74 7#b7 ,avoidance alternative analysis 7,a7 ,in general ,if1 in an analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dbca et seq471 the ,secretary determines that there is no feasible or prudent alternative to avoid use of a historic site1 the ,secretary may-- 7i7 include the determination of the ,secretary in the analysis required under that ,act2 7ii7 provide a notice of the determination to-- 7,i7 each applicable ,state historic preservation officer and tribal historic preservation officer2 7,,ii7 the ,council1 if the ,council is participating in the consultation process under section #cjfajh of title #ed2 and 7,,iii7 the ,secretary of the ,interior2 and 7iii7 request from the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior a concurrence that the determination is sufficient to satisfy the requirement of subsection 7c77#a74 7,b7 ,concurrence ,if the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior provide a concurrence requested under subparagraph 7,a77iii7-- 7i7 no further analysis under subsection 7c77#a7 shall be required2 7ii7 the ,secretary shall include in the record of decision or finding of no significant impact a notice of a determination and each relevant concurrence to the determination under subparagraph 7,a72 and 7iii7 not later than #c days after the receipt by the ,secretary of all concurrences requested under subparagraph 7,a77iii71 the ,secretary shall post on an appropriate ,federal website the determination and each relevant concurrence described in clause 7ii74 7#c7 ,aligning historical reviews 7,a7 ,in general ,if the ,secretary1 the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior concur that there is no feasible and prudent alternative as described in paragraph 7#b71 the ,secretary may provide to the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior notice of the intent of the ,secretary to satisfy the requirements of subsection 7c77#b7 through the consultation requirements of section #cjfajh of title #ed4 7,b7 ,satisfaction of conditions ,to satisfy the requirements of subsection 7c77#b71 the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section #cjfajh of title #ed4 4 #aaag4 ,bridge exemption from consideration under certain provisions 7a7 ,preservation of parklands ,section #ach of title #bc1 ,united ,states ,code1 as amended by section #aaaf1 is amended by adding at the end the following3 7d7 ,bridge exemption from consideration ,a common post-#aide concrete or steel bridge or culvert 7as described in #gg ,fed4 ,reg4 #fhgij7 that is exempt from individual review under section #cjfajh of title #ed1 ,united ,states ,code1 shall be exempt from consideration under this section4 4 7b7 ,policy on lands1 wildlife and waterfowl refuges1 and historic sites ,section #cjc of title #di1 ,united ,states ,code1 as amended by section #aaaf1 is amended by adding at the end the following3 7f7 ,bridge exemption from consideration ,a common post-#aide concrete or steel bridge or culvert 7as described in #gg ,fed4 ,reg4 #fhgij7 that is exempt from individual review under section #cjfajh of title #ed1 ,united ,states ,code1 shall be exempt from consideration under this section4 4 #aaah4 ,elimination of barriers to improve at-risk bridges 7a7 ,temporary authorization 7#a7 ,in general ,notwithstanding any other provision of law1 until the ,secretary of the ,interior takes the action described in subsection 7b71 the take of nesting swallows to facilitate a construction project on a bridge eligible for funding under title #bc1 ,united ,states ,code1 with any component condition rating of #c or less 7as defined by the ,national ,bridge ,inventory ,general ,condition ,guidance issued by the ,federal ,highway ,administration7 is authorized under the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq47 between ,april #a and ,august #ca4 7#b7 ,measures to minimize impacts 7,a7 ,notification before taking ,prior to the taking of nesting swallows authorized under paragraph 7#a71 any person taking that action shall submit to the ,secretary of the ,interior a document that contains-- 7i7 the name of the person acting under the authority of paragraph 7#a7 to take nesting swallows2 7ii7 a list of practicable measures that will be undertaken to minimize or mitigate significant adverse impacts on the population of that species2 7iii7 the time period during which activities will be carried out that will result in the taking of that species2 and 7iv7 an estimate of the number of birds1 by species1 to be taken in the proposed action4 7,b7 ,notification after taking ,not later than #fj days after the taking of nesting swallows authorized under paragraph 7#a71 any person taking that action shall submit to the ,secretary of the ,interior a document that contains the number of birds1 by species1 taken in the action4 7b7 ,authorization of take 7#a7 ,in general ,the ,secretary of the ,interior1 in consultation with the ,secretary1 shall promulgate a regulation under the authority of section #c of the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjd7 authorizing the take of nesting swallows to facilitate bridge repair1 maintenance1 or construction-- 7,a7 without individual permit requirements2 and 7,b7 under terms and conditions determined to be consistent with treaties relating to migratory birds that protect swallow species occurring in the ,united ,states4 7#b7 ,termination ,on the effective date of a final rule under this subsection by the ,secretary of the ,interior1 subsection 7a7 shall have no force or effect4 7c7 ,suspension or withdrawal of take authorization ,if the ,secretary of the ,interior1 in consultation with the ,secretary1 determines that taking of nesting swallows carried out under the authority provided in subsection 7a77#a7 is having a significant adverse impact on swallow populations1 the ,secretary of the ,interior may suspend that authority through publication in the ,federal ,register4 #aaai4 ,at-risk project preagreement authority 7a7 ,definition of preliminary engineering ,in this section1 the term preliminary engineering means allowable preconstruction project development and engineering costs4 7b7 ,at-,risk project preagreement authority ,a recipient or subrecipient of ,federal-aid funds under title #bc1 ,united ,states ,code1 may-- 7#a7 incur preliminary engineering costs for an eligible project under title #bc1 ,united ,states ,code1 before receiving project authorization from the ,state1 in the case of a subrecipient1 and the ,secretary to proceed with the project2 and 7#b7 request reimbursement of applicable ,federal funds after the project authorization is received4 7c7 ,eligibility ,the ,secretary may reimburse preliminary engineering costs incurred by a recipient or subrecipient under subsection 7b7-- 7#a7 if the costs meet all applicable requirements under title #bc1 ,united ,states ,code1 at the time the costs are incurred and the ,secretary concurs that the requirements have been met2 7#b7 in the case of a project located within a designated nonattainment or maintenance area for air quality1 if the conformity requirements of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 have been met2 and 7#c7 if the costs would have been allowable if incurred after the date of the project authorization by the ,department4 7d7 ,at-,risk ,a recipient or subrecipient that elects to use the authority provided under this section shall-- 7#a7 assume all risk for preliminary engineering costs incurred prior to project authorization2 and 7#b7 be responsible for ensuring and demonstrating to the ,secretary that all applicable cost eligibility conditions are met after the authorization is received4 7e7 ,restrictions ,nothing in this section-- 7#a7 allows a recipient or subrecipient to use the authority under this section to advance a project beyond preliminary engineering prior to the completion of the environmental review process2 7#b7 waives the applicability of ,federal requirements to a project other than the reimbursement of preliminary engineering costs incurred prior to an authorization to proceed in accordance with this section2 or 7#c7 guarantees ,federal funding of the project or the eligibility of the project for future ,federal-aid highway funding4 ,c ,miscellaneous #abja4 ,credits for untaxed transportation fuels 7a7 ,definition of qualified revenues ,in this section1 the term qualified revenues means any amounts-- 7#a7 collected by a ,state-- 7,a7 for the registration of a vehicle that operates solely on a fuel that is not subject to a ,federal tax2 and 7,b7 not sooner than the second registration period following the purchase of the vehicle2 and 7#b7 that do not exceed1 for a vehicle described in paragraph 7#a71 an annual amount determined by the ,secretary to be equal to the annual amount paid for ,federal motor fuels taxes on the fuel used by an average passenger car fueled solely by gasoline4 7b7 ,credit 7#a7 ,in general ,subject to paragraph 7#b71 if a ,state contributes qualified revenues to cover not less than #e percent of the total cost of a project eligible for assistance under this title1 the ,federal share payable for the project under this section may be increased by an amount that is-- 7,a7 equal to the percent of the total cost of the project from contributed qualified revenues2 but 7,b7 not more than #e percent of the total cost of the project4 7#b7 ,expiration ,the authorization of an increased ,federal share for a project pursuant to paragraph 7#a7 expires on ,september #cj1 #bjbc4 7c7 ,study 7#a7 ,in general ,before the expiration date of the credit under subsection 7b77#b71 the ,secretary1 in coordination with other appropriate ,federal agencies1 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 most efficient and equitable means of taxing motor vehicle fuels not subject to a ,federal tax as of the date of submission of the report4 7#b7 ,requirement ,the means described in the report under paragraph 7#a7 shall parallel1 as closely as practicable1 the structure of other ,federal taxes on motor fuels4 #abjb4 ,justification reports for access points on the ,interstate ,system ,section #aaa7;e7 of title #bc1 ,united ,states ,code1 is amended by inserting 7including new or modified freeway-to-crossroad interchanges inside a transportation management area7 after the ,interstate ,system4 #abjc4 ,exemptions ,section #abg of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7m7 ,natural gas vehicles ,a vehicle1 if operated by an engine fueled primarily by natural gas1 may exceed any vehicle weight limit 7up to a maximum gross vehicle weight of #hb1jjj pounds7 under this section by an amount that is equal to the difference between-- 7#a7 the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle2 and 7#b7 the weight of a comparable diesel tank and fueling system4 7n7 ,emergency vehicles 7#a7 ,definition of emergency vehicle ,in this subsection1 the term emergency vehicle means a vehicle designed to be used under emergency conditions-- 7,a7 to transport personnel and equipment2 and 7,b7 to support the suppression of fires and mitigation of other hazardous situations4 7#b7 ,emergency vehicle weight limit ,notwithstanding subsection 7a71 a ,state shall not enforce against an emergency vehicle a vehicle weight limit 7up to a maximum gross vehicle weight of #hf1jjj pounds7 of less than-- 7,a7 #bd1jjj pounds on a single steering axle2 7,b7 #cc1ejj pounds on a single drive axle2 7,c7 #fb1jjj pounds on a tandem axle2 or 7,d7 #eb1jjj pounds on a tandem rear drive steer axle4 7o7 ,operation of certain specialized vehicles on certain highways in the ,state of ,arkansas ,if any segment of ,united ,states ,route #fc between the exits for highways #ad and #ge in the ,state of ,arkansas is designated as part of the ,interstate ,system-- 7#a7 a vehicle that could legally operate on the segment before the date of the designation at the posted speed limit may continue to operate on that segment2 and 7#b7 a vehicle that can only travel below the posted speed limit on the segment that could otherwise legally operate on the segment before the date of the designation may continue to operate on that segment during daylight hours4 4 #abjd4 ,high priority corridors on the national highway system ,section #aaje of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7#aje ,stat4 #bjca7 is amended-- 7#a7 in subsection 7c7 7#aje ,stat4 #bjcb2 #aai ,stat4 #abac7-- 7,a7 by striking paragraph 7#ac7 and inserting the following3 7#ac7 ,raleigh-,norfolk ,corridor from ,raleigh1 ,north ,carolina1 through ,rocky ,mount1 ,williamston and ,elizabeth ,city1 ,north ,carolina1 to ,norfolk1 ,virginia4 2 7,b7 by striking paragraph 7#fh7 and inserting the following3 7#fh7 ,the ,washoe ,county ,corridor and the ,intermountain ,west ,corridor shall generally follow3 7,a7 in the case of the ,washoe ,county ,corridor1 along ,interstate ,route #ehj_/,united ,states ,route #ie_/,united ,states ,route #ie;,a1 from ,reno1 ,nevada1 to ,las ,vegas1 ,nevada2 and 7,b7 in the case of the ,intermountain ,west ,corridor1 from the vicinity of ,las ,vegas extending north along ,united ,states ,route #ie1 terminating at ,interstate ,route #hj4 2 and 7,c7 by adding at the end the following3 7#ha7 ,united ,states ,route #aag_/;,interstate ,route #gie from ,united ,states ,route #gj in ,goldsboro1 ,wayne ,county1 ,north ,carolina1 to ,interstate ,route #dj west of ,faison1 ,sampson ,county1 ,north ,carolina4 7#hb7 ,united ,states ,route #gj from its intersection with ,interstate ,route #dj in ,garner1 ,wake ,county1 ,north ,carolina1 to the ,port at ,morehead ,city1 ,carteret ,county1 ,north ,carolina4 2 and 7#b7 in subsection 7e77#e7-- 7,a7 in subparagraph 7,a7 7#aji ,stat4 #eig2 #aah ,stat4 #bic2 #aai ,stat4 #abac71 in the first sentence-- 7i7 by inserting subsection 7c77#ac71 after subsection 7c77#i712 7ii7 by striking subsections 7c77#ah7 and all that follows through 7c77#cf7 and inserting subsection 7c77#ah71 subsection 7c77#bj71 subparagraphs 7,a7 and 7,b77i7 of subsection 7c77#bf71 subsection 7c77#cf72 and 7iii7 by striking and subsection 7c77#eg7 and inserting subsection 7c77#eg71 subsection 7c77#fh77;,b71 subsection 7c77#ha71 and subsection 7c77#hb72 and 7,b7 in subparagraph 7,c77i7 7#aji ,stat4 #eih2 #abf ,stat4 #dbg71 by striking the last sentence and inserting ,the routes referred to in subparagraphs 7,a7 and 7,b77i7 of subsection 7c77#bf7 and in subsection 7c77#fh77;,b7 are designated as ,interstate ,route ,i-#aa4 4 #abje4 ,repeat intoxicated driver law ,section #afd7;a77#d7 of title #bc1 ,united ,states ,code1 is amended in the matter preceding subparagraph 7,a7 by inserting or combination of laws after means a ,state law4 #abjf4 ,vehicle-to-infrastructure equipment 7a7 ,national highway performance program ,section #aai7;d77#b77,l7 of title #bc1 ,united ,states ,code1 is amended by inserting 1 including the installation of vehicle-to-infrastructure communication equipment after capital improvements4 7b7 ,surface transportation program ,section #acc7;b77#af7 of title #bc1 ,united ,states ,code1 is amended by inserting 1 including the installation of vehicle-to-infrastructure communication equipment after capital improvements4 #abjg4 ,designated projects 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,earmarked amount ,the term earmarked amount means-- 7,a7 congressionally directed spending1 as defined in rule ,,xliv of the ,standing ,rules of the ,senate1 identified in a prior law1 report1 or joint explanatory statement1 that was authorized to be appropriated or appropriated more than #aj fiscal years prior to the fiscal year in which this ,act becomes effective1 and administered by the ,administrator of the ,federal ,highway ,administration2 and 7,b7 a congressional earmark1 as defined in rule ,,xxi of the ,rules of the ,house of ,representatives identified in a prior law1 report1 or joint explanatory statement1 that was authorized to be appropriated or appropriated more than #aj fiscal years prior to the fiscal year in which this ,act becomes effective1 and administered by the ,administrator of the ,federal ,highway ,administration4 7#b7 ,state ,the term ,state has the meaning given the term in section #aja7;a7 of title #bc1 ,united ,states ,code4 7#c7 ,territory ,the term territory has the meaning given the term in section #afe7;c7 of title #bc1 ,united ,states ,code4 7b7 ,authority ,a ,state or territory may use any earmarked amount and any associated obligation limitation for any project eligible under sections #acc7;b7 or #afe of title #bc1 ,united ,states ,code1 respectively4 7c7 ,terms 7#a7 ,notification ,the ,state transportation agency for the ,state or territory for which the earmarked amount was originally designated or directed shall-- 7,a7 notify the ,secretary of the intent of the ,state transportation agency to use authority under this section2 and 7,b7 submit to the ,secretary a report not later than ,september #cj1 #bjaf1 identifying the earmarked amount1 and associated obligation limitation1 to be used and the projects to which the funding would be applied4 7#b7 ,period of availability ,notwithstanding the original period of availability of the earmarked amount and associated obligation limitation1 the funds and associated obligation limitation shall remain available for obligation for a period of #c fiscal years after the fiscal year in which the ,secretary is notified under paragraph 7#a74 7#c7 ,federal share ,the ,federal share of the cost of a project carried out with funds made available under this section shall be the same as originally associated with the earmark4 7d7 ,limitations 7#a7 ,in general ,the authority under subsection 7b7 may be exercised only-- 7,a7 after ,september #cj1 #bjaf2 and 7,b7 7i7 for those projects or activities that have obligated less than #aj percent of the amount made available for obligation as of the date of enactment of this ,act2 or 7ii7 for those projects with unexpended balances of funds for which the earmarked amount that was originally designated or directed has been closed and for which payments have been made under a final voucher4 7#b7 ,geographic area 7,a7 ,in general ,the earmarked amount and associated obligation limitation shall only be applied to projects within the same general geographic area within #ej miles and within the boundaries of the ,state or territory for which the earmarked amount was originally designated or directed1 in consultation with the relevant metropolitan planning organization1 if applicable4 7,b7 ,exception ,a ,state or territory may apply the earmarked amount and associated obligation limitation1 to a project in any area of the ,state or territory if the ,state or territory certifies that the project for which the earmarked amount was originally designated or directed has been completed and payments have been made under a final voucher4 7e7 ,report to ,congress ,not later than ,december #af1 #bjaf1 the ,secretary shall submit a consolidated report of the information provided by ,states and territories under this section to-- 7#a7 the ,committee on ,appropriations of the ,senate2 7#b7 the ,committee on ,appropriations of the ,house of ,representatives2 7#c7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7#d7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 #abjh4 ,relinquishment ,a ,state transportation agency may relinquish park-and-ride lot facilities or portions of park-and-ride lot facilities to a local government agency for highway purposes if authorized to do so under ,state law4 #abji4 ,transfer and sale of toll credits 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,eligible state ,the term eligible ,state means a ,state that-- 7,a7 is eligible to use a credit under section #abj7;i7 of title #bc1 ,united ,states ,code2 and 7,b7 has been selected by the ,secretary under subsection 7d77#b74 7#b7 ,recipient ,state ,the term recipient ,state means a ,state that receives a credit by transfer or by sale under this section from an eligible ,state4 7b7 ,establishment of pilot program ,not later than #a year after the date of the establishment of a nationwide toll credit monitoring and tracking system under subsection 7g71 the ,secretary shall establish and implement a toll credit marketplace pilot program in accordance with this section4 7c7 ,purposes ,the purposes of the pilot program established under subsection 7b7 are-- 7#a7 to identify whether a monetary value can be assigned to toll credits2 7#b7 to identify the discounted rate of toll credits for cash2 7#c7 to determine if the purchase of toll credits by ,states provides the purchasing ,state budget flexibility to deal with funding issues1 including off-system needs1 transit systems with high operating costs1 or cash flow issues2 and 7#d7 to test the feasibility of expanding the toll credit market to allow all ,states to participate on a permanent basis4 7d7 ,selection of eligible ,states 7#a7 ,application to ,secretary ,in order to participate in the pilot program established under subsection 7b71 a ,state shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,selection ,of the ,states that submit an application under paragraph 7#a71 the ,secretary may select not more than #aj ,states to be designated as an eligible ,state4 7e7 ,transfer or sale of credits 7#a7 ,in general ,in carrying out the pilot program established under subsection 7b71 the ,secretary shall provide that an eligible ,state may transfer or sell to a recipient ,state a credit not used by the eligible ,state under section #abj7;i7 of title #bc1 ,united ,states ,code4 7#b7 ,use of credits by transferee or purchaser ,a recipient ,state may use a credit received under paragraph 7#a7 toward the non-,federal share requirement for any funds made available to carry out title #bc or chapter #ec of title #di1 ,united ,states ,code4 7#c7 ,condition on transfer or sale of credits ,to receive a credit under paragraph 7#a71 a recipient ,state shall enter into an agreement with the ,secretary described in section #abj7;i7 of title #bc1 ,united ,states ,code4 7f7 ,use of proceeds from sale of credits ,an eligible ,state shall use the proceeds from the sale of a credit under subsection 7e77#a7 for any project in the eligible ,state that is eligible under the surface transportation program established under section #acc of title #bc1 ,united ,states ,code4 7g7 ,toll credit monitoring and tracking ,not later than #ahj days after the enactment of this section1 the ,secretary shall establish a nationwide toll credit monitoring and tracking system that functions as a real-time database on the inventory and use of toll credits among all ,states 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code74 7h7 ,notification ,not later than #cj days after the date on which a credit is transferred or sold under subsection 7e77#a71 the eligible ,state shall submit to the ,secretary in writing a notification of the transfer or sale4 7i7 ,reporting requirements 7#a7 ,initial report ,not later than #ahj days after the date of establishment of the pilot program under subsection 7b71 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the progress of the pilot program4 7#b7 ,state report 7,a7 ,report by eligible ,state ,not later than #cj days after a purchase or sale under subsection 7e77#a71 an eligible ,state shall submit to the ,secretary a report that describes-- 7i7 information on the transaction2 7ii7 the amount of cash received and the value of toll credits sold2 7iii7 the intended use of the cash2 and 7iv7 an update on the remaining toll credit balance of the ,state4 7,b7 ,report by recipient ,state ,not later than #cj days after a purchase or sale under subsection 7e77#a71 a recipient ,state shall submit to the ,secretary a report that describes-- 7i7 the value of toll credits purchased2 7ii7 the anticipated use of the toll credits2 and 7iii7 plans for maintaining maintenance of effort for spending on ,federal-aid highways projects4 7#c7 ,annual report ,not later than #a year after the date on which the pilot program under subsection 7b7 is established and each year thereafter that the pilot program is in effect1 the ,secretary shall-- 7,a7 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-- 7i7 determines whether a toll credit marketplace is viable2 7ii7 describes the buying and selling activities of the pilot program2 7iii7 describes the monetary value of toll credits2 7iv7 determines whether the pilot program could be expanded to more ,states or all ,states2 and 7v7 provides updated information on the toll credit balance accumulated by each ,state2 and 7,b7 make the report described in subparagraph 7,a7 publicly available on the website of the ,department4 7j7 ,termination ,the ,secretary may terminate the program established under this section or the participation of any ,state in the program if the ,secretary determines that the program is not serving a public benefit4 #abaj4 ,regional infrastructure accelerator demonstration program 7a7 ,in general ,the ,secretary shall establish a regional infrastructure demonstration program 7referred to in this section as the program7 to assist entities in developing improved infrastructure priorities and financing strategies for the accelerated development of a project that is eligible for funding under the ,,tifia program under chapter #f of title #bc1 ,united ,states ,code4 7b7 ,designation of regional infrastructure accelerators ,in carrying out the program1 the ,secretary may designate regional infrastructure accelerators that will-- 7#a7 serve a defined geographic area2 and 7#b7 act as a resource in the geographic area to qualified entities in accordance with this section4 7c7 ,application ,to be eligible for a designation under subsection 7b71 a proposed regional infrastructure accelerator shall submit to the ,secretary a proposal at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,criteria ,in evaluating a proposal submitted under subsection 7c71 the ,secretary shall consider-- 7#a7 the need for geographic diversity among regional infrastructure accelerators2 and 7#b7 the ability of the proposal to promote investment in covered infrastructure projects1 which shall include a plan-- 7,a7 to evaluate and promote innovative financing methods for local projects1 including the use of the ,,tifia program under chapter #f of title #bc1 ,united ,states ,code2 7,b7 to build capacity of ,state1 local1 and tribal governments to evaluate and structure projects involving the investment of private capital2 7,c7 to provide technical assistance and information on best practices with respect to financing the projects2 7,d7 to increase transparency with respect to infrastructure project analysis and using innovative financing for public infrastructure projects2 7,e7 to deploy predevelopment capital programs designed to facilitate the creation of a pipeline of infrastructure projects available for investment2 7,f7 to bundle smaller-scale and rural projects into larger proposals that may be more attractive for investment2 and 7,g7 to reduce transaction costs for public project sponsors4 7e7 ,annual report ,not less frequently than once each year1 the ,secretary shall submit to ,congress a report that describes the findings and effectiveness of the program4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the program #ab1jjj1jjj1 of which the ,secretary shall use-- 7#a7 #aa1gej1jjj for initial grants to regional infrastructure accelerators under subsection 7b71 to be expended not later than #bgj days after the date of enactment of this ,act2 and 7#b7 #bej1jjj for administrative costs of carrying out the program4 ,,ii ,transportation innovation ,a ,research #bjja4 ,research1 technology1 and education 7a7 ,highway research and development program ,section #ejc7;b77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,c7-- 7,a7 in clause 7xviii71 by striking and at the end2 7,b7 in clause 7xix71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7xx7 accelerated mobile1 highway-speed1 bridge inspection methods that provide quantitative data-driven decisionmaking capabilities without requiring lane closures4 2 and 7#b7 in subparagraph 7,d77i71 by inserting and section #aai7;e7 after this subparagraph4 7b7 ,technology and innovation deployment program ,section #ejc7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking carry out and inserting establish and implement2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by striking clause 7i7 and inserting the following3 7i7 use not less than #ej percent of the funds authorized to carry out this subsection to make grants to1 and enter into cooperative agreements and contracts with1 ,states1 other ,federal agencies1 institutions of higher education1 private sector entities1 and nonprofit organizations to carry out demonstration programs that will accelerate the deployment and adoption of transportation research activities2 2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,b7 the following3 7,c7 ,innovation grants 7i7 ,in general ,in carrying out the program established under subparagraph 7,b77i71 the ,secretary shall establish a transparent competitive process in which entities described in subparagraph 7,b77i7 may submit an application to receive a grant under this subsection4 7ii7 ,publication of application process ,a description of the application process established by the ,secretary shall-- 7,i7 be posted on a public website2 7,,ii7 identify the information required to be included in the application2 and 7,,iii7 identify the criteria by which the ,secretary shall select grant recipients4 7iii7 ,submission of application ,to receive a grant under this paragraph1 an entity described in subparagraph 7,b77i7 shall submit an application to the ,secretary4 7iv7 ,selection and approval ,the ,secretary shall select and approve an application submitted under clause 7iii7 based on whether the project described in the application meets the goals of the program described in paragraph 7#a74 2 and 7#c7 in paragraph 7#c77;,c71 by striking each of fiscal years #bjac through #bjad and inserting each fiscal year4 7c7 ,conforming amendment ,section #eje7;c77#a7 of title #bc1 ,united ,states ,code1 is amended by striking section #ejc7;c77#b77;,c7 and inserting section #ejc 7c77#b77;,d74 #bjjb4 ,intelligent transportation systems 7a7 ,intelligent transportation systems deployment ,section #eac of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,system operations and ,,its deployment grant program 7#a7 ,establishment ,the ,secretary shall establish a competitive grant program to accelerate the deployment1 operation1 systems management1 intermodal integration1 and interoperability of the ,,its program and ,,its-enabled operational strategies-- 7,a7 to measure and improve the performance of the surface transportation system2 7,b7 to reduce traffic congestion and the economic and environmental impacts of traffic congestion2 7,c7 to minimize fatalities and injuries2 7,d7 to enhance mobility of people and goods2 7,e7 to improve traveler information and services2 and 7,f7 to optimize existing roadway capacity4 7#b7 ,application ,to be eligible for a grant under this subsection1 an eligible entity shall submit an application to the ,secretary that includes-- 7,a7 a plan to deploy and provide for the long-term operation and maintenance of intelligent transportation systems to improve safety1 efficiency1 system performance1 and return on investment1 such as-- 7i7 autonomous vehicle1 vehicle-to-vehicle1 and vehicle-to-infrastructure communication technologies2 7ii7 real-time integrated traffic1 transit1 and multimodal transportation information2 7iii7 advanced traffic1 freight1 parking1 and incident management systems2 7iv7 advanced technologies to improve transit and commercial vehicle operations2 7v7 synchronized1 adaptive1 and transit preferential traffic signals2 7vi7 advanced infrastructure condition assessment technologies2 and 7vii7 other technologies to improve system operations1 including ,,its applications necessary for multimodal systems integration and for achieving performance goals2 7,b7 quantifiable system performance improvements1 including-- 7i7 reductions in traffic-related crashes1 congestion1 and costs2 7ii7 optimization of system efficiency2 and 7iii7 improvement of access to transportation services2 7,c7 quantifiable safety1 mobility1 and environmental benefit projections1 including data-driven estimates of the manner in which the project will improve the efficiency of the transportation system and reduce traffic congestion in the region2 7,d7 a plan for partnering with the private sector1 including telecommunications industries and public service utilities1 public agencies 7including multimodal and multijurisdictional entities71 research institutions1 organizations representing transportation and technology leaders1 and other transportation stakeholders2 7,e7 a plan to leverage and optimize existing local and regional ,,its investments2 and 7,f7 a plan to ensure interoperability of deployed technologies with other tolling1 traffic management1 and intelligent transportation systems4 7#c7 ,selection 7,a7 ,in general ,effective beginning not later than #a year after the date of enactment of the ,,drive ,act1 the ,secretary may provide grants to eligible entities under this subsection4 7,b7 ,geographic diversity ,in awarding a grant under this subsection1 the ,secretary shall ensure1 to the maximum extent practicable1 that grant recipients represent diverse geographical areas of the ,united ,states1 including urban1 suburban1 and rural areas4 7,c7 ,non-,federal share ,in awarding a grant under the subsection1 the ,secretary shall give priority to grant recipients that demonstrate an ability to contribute a significant non-,federal share to the cost of carrying out the project for which the grant is received4 7#d7 ,eligible uses ,projects for which grants awarded under this subsection may be used include-- 7,a7 the deployment of autonomous vehicle1 vehicle-to-vehicle1 and vehicle-to-infrastructure communication technologies2 7,b7 the establishment and implementation of ,,its and ,,its-enabled operations strategies that improve performance in the areas of-- 7i7 traffic operations2 7ii7 emergency response to surface transportation incidents2 7iii7 incident management2 7iv7 transit and commercial vehicle operations improvements2 7v7 weather event response management by ,state and local authorities2 7vi7 surface transportation network and facility management2 7vii7 construction and work zone management2 7viii7 traffic flow information2 7ix7 freight management2 and 7x7 congestion management2 7,c7 carrying out activities that support the creation of networks that link metropolitan and rural surface transportation systems into an integrated data network1 capable of collecting1 sharing1 and archiving transportation system traffic condition and performance information2 7,d7 the implementation of intelligent transportation systems and technologies that improve highway safety through information and communications systems linking vehicles1 infrastructure1 mobile devices1 transportation users1 and emergency responders2 7,e7 the provision of services necessary to ensure the efficient operation and management of ,,its infrastructure1 including costs associated with communications1 utilities1 rent1 hardware1 software1 labor1 administrative costs1 training1 and technical services2 7,f7 the provision of support for the establishment and maintenance of institutional relationships between transportation agencies1 police1 emergency medical services1 private emergency operators1 freight operators1 shippers1 public service utilities1 and telecommunications providers2 7,g7 carrying out multimodal and cross-jurisdictional planning and deployment of regional transportation systems operations and management approaches2 and 7,h7 performing project evaluations to determine the costs1 benefits1 lessons learned1 and future deployment strategies associated with the deployment of intelligent transportation systems4 7#e7 ,report to ,secretary ,for each fiscal year that an eligible entity receives a grant under this subsection1 not later than #a year after receiving the grant1 each recipient shall submit to the ,secretary a report that describes how the project has met the expectations projected in the deployment plan submitted with the application1 including information on-- 7,a7 how the program has helped reduce traffic crashes1 congestion1 costs1 and other benefits of the deployed systems2 7,b7 the effect of measuring and improving transportation system performance through the deployment of advanced technologies2 7,c7 the effectiveness of providing real-time integrated traffic1 transit1 and multimodal transportation information to the public that allows the public to make informed travel decisions2 and 7,d7 lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance4 7#f7 ,report to congress ,not later than #b years after the date on which the first grant is awarded under this subsection and annually thereafter for each fiscal year for which grants are awarded under this subsection1 the ,secretary shall submit to ,congress a report that describes the effectiveness of the grant recipients in meeting the projected deployment plan goals1 including data on how the grant program has-- 7,a7 reduced traffic-related fatalities and injuries2 7,b7 reduced traffic congestion and improved travel-time reliability2 7,c7 reduced transportation-related emissions2 7,d7 optimized multimodal system performance2 7,e7 improved access to transportation alternatives2 7,f7 provided the public with access to real-time integrated traffic1 transit1 and multimodal transportation information to make informed travel decisions2 7,g7 provided cost savings to transportation agencies1 businesses1 and the traveling public2 and 7,h7 provided other benefits to transportation users and the general public4 7#g7 ,additional grants ,if the ,secretary determines1 based on a report submitted under paragraph 7#e71 that a grant recipient is not complying with the established grant criteria1 the ,secretary may-- 7,a7 cease payment to the recipient of any remaining grant amounts2 and 7,b7 redistribute any remaining amounts to other eligible entities under this section4 7#h7 ,non-,federal share ,the ,federal share of the cost of a project for which a grant is provided under this subsection shall not exceed #ej percent of the cost of the project4 7#i7 ,funding ,of the funds made available each fiscal year to carry out the intelligent transportation system program under sections #eab through #eah1 not less than #cj1jjj1jjj shall be used to carry out this subsection4 4 7b7 ,intelligent transportation systems goals and purposes ,section #ead7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by striking and at the end2 and 7#b7 by striking paragraph 7#e7 and inserting the following3 7#e7 improvement of the ability of the ,united ,states to respond to security-related or other manmade emergencies and natural disasters2 and 7#f7 enhancement of the freight system of the ,united ,states and support to freight policy goals by conducting heavy duty vehicle demonstration activities and accelerating adoption of ,,its applications in freight operations4 4 7c7 ,,its advisory committee report ,section #eae7;h77#d7 of title #bc1 ,united ,states ,code1 is amended in the matter preceding subparagraph 7,a7 by striking ,february #a of each year after the date of enactment of the ,transportation ,research and ,innovative ,technology ,act of #bjab and inserting ,may #a of each year4 #bjjc4 ,future interstate study 7a7 ,findings ,congress finds that-- 7#a7 a well-developed system of transportation infrastructure is critical to the economic well-being1 health1 and welfare of the people of the ,united ,states2 7#b7 the #dg1jjj-mile national ,interstate ,system is the backbone to that transportation infrastructure system2 and 7#c7 as of the date of enactment of this ,act-- 7,a7 many segments of the approximately #fj-year-old ,interstate ,system are well beyond the #ej-year design life of the ,system and yet these aging facilities are central to the transportation infrastructure system1 carrying #be percent of the vehicle traffic of the ,united ,states on just #a percent of the total public roadway mileage2 7,b7 the need for ongoing maintenance1 preservation1 and reconstruction of the ,interstate ,system has grown due to increasing and changing travel demands2 and 7,c7 simple maintenance of the current condition and configuration of the ,interstate ,system is insufficient for the ,system to fully serve the transportation needs of the ,united ,states for the next #ej years4 7b7 ,future ,interstate ,system study ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall enter into an agreement with the ,transportation ,research ,board of the ,national ,academies to conduct a study on the actions needed to upgrade and restore the ,dwight ,d4 ,eisenhower ,national ,system of ,interstate and ,defense ,highways to its role as a premier system network that meets the growing and shifting demands of the #bast century and for the next #ej years 7referred to in this section as the study74 7c7 ,methodologies ,in conducting the study1 the ,transportation ,research ,board shall build on the methodologies examined and recommended in the report prepared for the ,american ,association of ,state ,highway and ,transportation ,officials entitled ,national ,cooperative ,highway ,research ,program ,project #bj-bd7gi73 ,specifications for a ,national ,study of the ,future #c,r1 #d,r1 and ,capacity ,needs of the ,interstate ,system and dated ,december #bjac4 7d7 ,recommendations ,the study-- 7#a7 shall include specific recommendations regarding the features1 standards1 capacity needs1 application of technologies1 and intergovernmental roles to upgrade the ,interstate ,system1 including any revisions to law 7including regulations7 that the ,transportation ,research ,board determines appropriate to achieve the goals2 and 7#b7 is encouraged to build on the robust institutional knowledge in the highway industry in applying the techniques involved in implementing the study4 7e7 ,considerations ,in carrying out the study1 the ,transportation ,research ,board shall determine the need for reconstruction and improvement of the ,interstate ,system by considering-- 7#a7 future demands on transportation infrastructure determined for national planning purposes1 including commercial and private traffic flows to serve future economic activity and growth2 7#b7 the expected condition of the current ,interstate ,system over the next #ej years1 including long-term deterioration and reconstruction needs2 7#c7 those ,national ,highway ,system routes that should be added to the existing ,interstate ,system to more efficiently serve national traffic flows2 7#d7 features that would take advantage of technological capabilities to address modern standards of construction1 maintenance1 and operations1 for purposes of safety1 and system management1 taking into further consideration system performance and cost2 and 7#e7 the resources necessary to maintain and improve the ,interstate ,system1 including the resources required to upgrade those ,national ,highway ,system routes identified in paragraph 7#c7 to ,interstate standards4 7f7 ,consultation ,in carrying out the study1 the ,transportation ,research ,board-- 7#a7 shall convene and consult with a panel of national experts including current and future owners1 operators1 and users of the ,interstate ,system and private sector stakeholders2 and 7#b7 is encouraged to consult with-- 7,a7 the ,federal ,highway ,administration2 7,b7 ,states2 7,c7 planning agencies at the metropolitan1 ,state1 and regional levels2 7,d7 the motor carrier industry2 7,e7 freight shippers2 7,f7 highway safety groups2 and 7,g7 other appropriate entities4 7g7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,transportation ,research ,board shall submit to the ,secretary1 the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the results of the study conducted under this section4 7h7 ,funding ,from amounts authorized to carry out the ,highway ,research and ,development ,program1 the ,secretary shall use up to #e1jjj1jjj for fiscal year #bjaf to carry out this section4 #bjjd4 ,researching surface transportation system funding alternatives 7a7 ,in general ,the ,secretary shall promote the research of user-based alternative revenue mechanisms that preserve a user fee structure to maintain the long-term solvency of the ,highway ,trust ,fund4 7b7 ,objectives ,the objectives of the research described in subsection 7a7 shall be-- 7#a7 to study uncertainties relating to the design1 acceptance1 and implementation of #b or more future user-based alternative revenue mechanisms2 7#b7 to define the functionality of those user-based alternative revenue mechanisms2 7#c7 to conduct or promote research activities to demonstrate and test those user-based alternative revenue mechanisms1 including by conducting field trials1 by partnering with individual ,states1 groups of ,states1 or other appropriate entities to conduct the research activities2 7#d7 to conduct outreach to increase public awareness regarding the need for alternative funding sources for surface transportation programs and provide information on possible approaches2 7#e7 to provide recommendations regarding adoption and implementation of those user-based alternative revenue mechanisms2 and 7#f7 to minimize the administrative cost of any potential user-based alternative revenue mechanisms4 7c7 ,grants ,the ,secretary shall provide grants to individual ,states1 groups of ,states1 or other appropriate entities to conduct research that addresses-- 7#a7 the implementation1 interoperability1 public acceptance1 and other potential hurdles to the adoption of a user-based alternative revenue mechanism2 7#b7 the protection of personal privacy2 7#c7 the use of independent and private third-party vendors to collect fees and operate the user-based alternative revenue mechanism2 7#d7 equity concerns1 including the impacts of the user-based alternative revenue mechanism on differing income groups1 various geographic areas1 and the relative burdens on rural and urban drivers2 7#e7 ease of compliance for different users of the transportation system2 7#f7 the reliability and security of technology used to implement the user-based alternative revenue mechanism2 7#g7 the flexibility and choices of user-based alternative revenue mechanisms1 including the ability of users to select from various technology and payment options2 7#h7 the cost of administering the user-based alternative revenue mechanism2 and 7#i7 the ability of the administering entity to audit and enforce user compliance4 7d7 ,advisory council 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of the ,treasury1 shall establish and lead a ,surface ,transportation ,revenue ,alternatives ,advisory ,council 7referred to in this subsection as the ,council7 to inform the selection and evaluation of user-based alternative revenue mechanisms4 7#b7 ,membership 7,a7 ,in general ,the members of the ,council shall-- 7i7 be appointed by the ,secretary2 and 7ii7 include1 at a minimum-- 7,i7 representatives with experience in user-based alternative revenue mechanisms1 of which-- 7aa7 not fewer than #a shall be from the ,department2 7bb7 not fewer than #a shall be from the ,department of the ,treasury2 and 7cc7 not fewer than #b shall be from ,state departments of transportation2 7,,ii7 representatives from applicable users of the surface transportation system2 and 7,,iii7 appropriate technology and public privacy experts4 7,b7 ,geographic considerations ,the ,secretary shall consider geographic diversity when selecting members under this paragraph4 7#c7 ,functions ,not later than #a year after the date on which the ,council is established1 the ,council shall1 at a minimum-- 7,a7 define the functionality of #b or more user-based alternative revenue mechanisms2 7,b7 identify technological1 administrative1 institutional1 privacy1 and other issues that-- 7i7 are associated with the user-based alternative revenue mechanisms2 and 7ii7 may be researched through research activities2 7,c7 conduct public outreach to identify and assess questions and concerns about the user-based alternative revenue mechanisms for future evaluation through research activities2 and 7,d7 provide recommendations to the ,secretary on the process and criteria used for selecting research activities under subsection 7c74 7#d7 ,evaluations ,the ,council shall conduct periodic evaluations of the research activities that have received assistance from the ,secretary under this section4 7#e7 ,applicability of federal advisory committee act ,the ,council shall not be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7e7 ,biennial reports ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter until the completion of the research activities under this section1 the ,secretary shall submit to the ,secretary of the ,treasury1 the ,committee on ,finance and the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,ways and ,means and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing the progress of the research activities4 7f7 ,final report ,on the completion of the research activities under this section1 the ,secretary and the ,secretary of the ,treasury1 acting jointly1 shall submit to the ,committee on ,finance and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,ways and ,means and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing the results of the research activities and any recommendations4 7g7 ,funding ,of the funds authorized to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code-- 7#a7 #ae1jjj1jjj shall be used to carry out this section in fiscal year #bjaf2 and 7#b7 #bj1jjj1jjj shall be used to carry out this section in each of fiscal years #bjag through #bjba4 ,b ,data #baja4 ,tribal data collection ,section #bja7;c77#f7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7,c7 ,tribal data collection ,in addition to the data to be collected under subparagraph 7,a71 not later than #ij days after the end of each fiscal year1 any entity carrying out a project under the tribal transportation program under section #bjb shall submit to the ,secretary and the ,secretary of the ,interior1 based on obligations and expenditures under the tribal transportation program during the preceding fiscal year1 the following data3 7i7 ,the names of projects or activities carried out by the entity under the tribal transportation program during the preceding fiscal year4 7ii7 ,a description of the projects or activities identified under clause 7i74 7iii7 ,the current status of the projects or activities identified under clause 7i74 7iv7 ,an estimate of the number of jobs created and the number of jobs retained by the projects or activities identified under clause 7i74 4 #bajb4 ,performance management data support program 7a7 ,performance management data support ,the ,administrator of the ,federal ,highway ,administration shall develop1 use1 and maintain data sets and data analysis tools to assist metropolitan planning organizations1 ,states1 and the ,federal ,highway ,administration in carrying out performance management analyses 7including the performance management requirements under section #aej of title #bc1 ,united ,states ,code74 7b7 ,inclusions ,the data analysis activities authorized under subsection 7a7 may include-- 7#a7 collecting and distributing vehicle probe data describing traffic on ,federal-aid highways2 7#b7 collecting household travel behavior data to assess local and cross-jurisdictional travel1 including to accommodate external and through travel2 7#c7 enhancing existing data collection and analysis tools to accommodate performance measures1 targets1 and related data1 so as to better understand trip origin and destination1 trip time1 and mode2 7#d7 enhancing existing data analysis tools to improve performance predictions and travel models in reports described in section #aej7;e7 of title #bc1 ,united ,states ,code2 and 7#e7 developing tools-- 7,a7 to improve performance analysis2 and 7,b7 to evaluate the effects of project investments on performance4 7c7 ,funding ,from amounts authorized to carry out the ,highway ,research and ,development ,program1 the ,administrator may use up to #aj1jjj1jjj for each of fiscal years #bjaf through #bjba to carry out this section4 ,c ,transparency and best practices #bbja4 ,every ,day ,counts initiative 7a7 ,in general ,it is in the national interest for the ,department1 ,state departments of transportation1 and all other recipients of ,federal transportation funds-- 7#a7 to identify1 accelerate1 and deploy innovation aimed at shortening project delivery1 enhancing the safety of the roadways of the ,united ,states1 and protecting the environment2 7#b7 to ensure that the planning1 design1 engineering1 construction1 and financing of transportation projects is done in an efficient and effective manner2 7#c7 to promote the rapid deployment of proven solutions that provide greater accountability for public investments and encourage greater private sector involvement2 and 7#d7 to create a culture of innovation within the highway community4 7b7 ,every ,day ,counts initiative ,to advance the policy described in subsection 7a71 the ,administrator of the ,federal ,highway ,administration 7referred to in this section as the ,administrator7 shall continue the ,every ,day ,counts initiative to work with ,states1 local transportation agencies1 and industry stakeholders to identify and deploy proven innovative practices and products that-- 7#a7 accelerate innovation deployment2 7#b7 shorten the project delivery process2 7#c7 improve environmental sustainability2 7#d7 enhance roadway safety2 and 7#e7 reduce congestion4 7c7 ,innovation deployment 7#a7 ,in general ,at least every #b years1 the ,administrator shall work collaboratively with stakeholders to identify a new collection of innovations1 best practices1 and data to be deployed to highway stakeholders through case studies1 webinars1 and demonstration projects4 7#b7 ,requirements ,in identifying a collection described in paragraph 7#a71 the ,secretary shall take into account market readiness1 impacts1 benefits1 and ease of adoption of the innovation or practice4 7d7 ,publication ,each collection identified under subsection 7c7 shall be published by the ,administrator on a publicly available website4 #bbjb4 ,department of ,transportation performance measures 7a7 ,performance measures ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in coordination with the heads of other ,federal agencies with responsibility for the review and approval of projects funded under title #bc1 ,united ,states ,code1 shall measure and report on-- 7#a7 the progress made toward aligning ,federal reviews of projects funded under title #bc1 ,united ,states ,code1 and the improvement of project delivery associated with those projects2 and 7#b7 as applicable1 the effectiveness of the ,department in achieving the goals described in section #aej7;b7 of title #bc1 ,united ,states ,code1 through discretionary programs4 7b7 ,report ,not later than #b years after the date of enactment of this ,act and biennially thereafter1 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 describing the results of the evaluation conducted under subsection 7a74 7c7 ,inspector general report ,not later than #c years after the date of enactment of this ,act1 the ,inspector ,general of the ,department shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing the results of the evaluation conducted under subsection 7a74 #bbjc4 ,grant program for achievement in transportation for performance and innovation 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity includes-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a tribal organization 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b772 and 7,d7 a metropolitan planning organization4 7#b7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory 7as defined in section #afe7;c77#a7 of title #bc1 ,united ,states ,code74 7b7 ,establishment of program ,the ,secretary shall establish a competitive grant program to reward-- 7#a7 achievement in transportation performance management2 and 7#b7 the implementation of strategies that achieve innovation and efficiency in surface transportation4 7c7 ,purpose ,the purpose of the program under this section shall be to reward entities for the implementation of policies and procedures that-- 7#a7 support performance-based management of the surface transportation system and improve transportation outcomes2 or 7#b7 use innovative technologies and practices that improve the efficiency and performance of the surface transportation system4 7d7 ,application 7#a7 ,in general ,an eligible entity may submit to the ,secretary an application for a grant under this section4 7#b7 ,contents ,an application under paragraph 7#a7 shall indicate the means by which the eligible entity has met the requirements and purpose of the program under this section1 including by-- 7,a7 establishing1 and making progress toward achieving1 performance targets that exceed the requirements of title #bc1 ,united ,states ,code2 7,b7 using innovative techniques and practices that enhance the effective movement of people1 goods1 and services1 such as technologies that reduce construction time1 improve operational efficiencies1 and extend the service life of highways and bridges2 and 7,c7 employing transportation planning tools and procedures that improve transparency and the development of transportation investment strategies within the jurisdiction of the eligible entity4 7e7 ,evaluation criteria ,in awarding a grant under this section1 the ,secretary shall take into consideration the extent to which the application of the applicable eligible entity under subsection 7d7-- 7#a7 demonstrates performance in meeting the requirements of subsection 7c72 and 7#b7 promotes the national goals described in section #aej7;b7 of title #bc1 ,united ,states ,code4 7f7 ,eligible activities ,amounts made available to carry out this section shall be used for projects eligible for funding under-- 7#a7 title #bc1 ,united ,states ,code2 or 7#b7 chapter #ec of title #di1 ,united ,states ,code4 7g7 ,limitation ,the amount of a grant under this section shall be not more than #ae1jjj1jjj4 7h7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #aej1jjj1jjj for each of fiscal years #bjaf through #bjba1 to remain available until expended4 7#b7 ,administrative costs ,the ,secretary shall withhold a reasonable amount of funds made available under paragraph 7#a7 for administration of the program under this section1 not to exceed #c percent of the amount appropriated for each applicable fiscal year4 7i7 ,applicability of requirements ,amounts made available under this section shall be administered as if the funds were apportioned under chapter #a of title #bc1 ,united ,states ,code4 #bbjd4 ,highway trust fund transparency and accountability 7a7 ,in general ,section #ajd of title #bc1 ,united ,states ,code1 is amended by striking subsection 7g7 and inserting the following3 7g7 ,highway trust fund transparency and accountability report 7#a7 ,publicly available report ,not later than #ahj days after the date of enactment of the ,,drive ,act and quarterly thereafter1 the ,secretary shall compile data in accordance with this subsection on the use of ,federal-aid highway program funds made available under this title4 7#b7 ,requirements ,the ,secretary shall ensure that the reports required under this subsection are made available in a user-friendly manner on the public website of the ,department of ,transportation and can be searched and downloaded by users of the website4 7#c7 ,contents of report 7,a7 ,apportioned and allocated programs ,for each fiscal year1 the report shall include comprehensive data for each program1 organized by ,state1 that includes-- 7i7 the total amount of funds available for obligation1 identifying the unobligated balance of funds available at the end of the preceding fiscal year and new funding available for the current fiscal year2 7ii7 the total amount of funding obligated during the current fiscal year2 7iii7 the remaining amount of funds available for obligation2 7iv7 changes in the obligated1 unexpended balance during the current fiscal year1 including the obligated1 unexpended balance at the end of the preceding fiscal year and current fiscal year expenditures2 and 7v7 the percentage of the total amount of obligations for the current fiscal year used for construction and the total amount obligated during the current fiscal year for rehabilitation4 7,b7 ,project data ,to the maximum extent practicable1 the report shall include project-specific data1 including data describing-- 7i7 the specific location of a project2 7ii7 whether the project is located in an area of the ,state with a population of-- 7,i7 less than #e1jjj individuals2 7,,ii7 #e1jjj or more individuals but less than #ej1jjj individuals2 or 7,,iii7 #ej1jjj or more individuals2 7iii7 the total cost of the project2 7iv7 the amount of ,federal funding being used on the project2 7v7 the #a or more programs from which ,federal funds are obligated on the project2 7vi7 the type of improvement being made1 such as categorizing the project as-- 7,i7 a road reconstruction project2 7,,ii7 a new road construction project2 7,,iii7 a new bridge construction project2 7,,iv7 a bridge rehabilitation project2 or 7,v7 a bridge replacement project2 and 7vii7 the ownership of the highway or bridge4 7,c7 ,transfers between programs ,the report shall include a description of the amount of funds transferred between programs by each ,state under section #abf4 4 7b7 ,conforming amendment ,section #aejc of ,,map-#ba 7#bc ,u4,s4,c4 #ajd note2 ,public ,law #aab-ada7 is amended by striking subsection 7c74 #bbje4 ,report on highway trust fund administrative expenditures 7a7 ,initial report ,not later than #aej days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report describing the administrative expenses of the ,federal ,highway ,administration funded from the ,highway ,trust ,fund during the #c most recent fiscal years4 7b7 ,updates ,not later than #e years after the date on which the report is submitted under subsection 7a7 and every #e years thereafter1 the ,comptroller ,general shall submit to ,congress a report that updates the information provided in the report under that subsection for the preceding #e-year period4 7c7 ,inclusions ,each report submitted under subsection 7a7 or 7b7 shall include a description of the-- 7#a7 types of administrative expenses of programs and offices funded by the ,highway ,trust ,fund2 7#b7 tracking and monitoring of administrative expenses2 7#c7 controls in place to ensure that funding for administrative expenses is used as efficiently as practicable2 and 7#d7 flexibility of the ,department to reallocate amounts from the ,highway ,trust ,fund between full-time equivalent employees and other functions4 #bbjf4 ,availability of reports 7a7 ,in general ,the ,secretary shall make available to the public on the website of the ,department any report required to be submitted by the ,secretary to ,congress after the date of enactment of this ,act4 7b7 ,deadline ,each report described in subsection 7a7 shall be made available on the website not later than #cj days after the report is submitted to ,congress4 #bbjg4 ,performance period adjustment 7a7 ,national highway performance program ,section #aai of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e77#g71 by striking for #b consecutive reports submitted under this paragraph shall include in the next report submitted and inserting shall include as part of the performance target report under section #aej7;e72 and 7#b7 in subsection 7f77#a77;,a71 by striking ,if1 during #b consecutive reporting periods1 the condition of the ,interstate ,system1 excluding bridges on the ,interstate ,system1 in a ,state falls and inserting ,if a ,state reports that the condition of the ,interstate ,system1 excluding bridges on the ,interstate ,system1 has fallen4 7b7 ,highway safety improvement program ,section #adh7;i7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking performance targets of the ,state established under section #aej7;d7 by the date that is #b years after the date of the establishment of the performance targets and inserting safety performance targets of the ,state established under section #aej7;d72 and 7#b7 in paragraphs 7#a7 and 7#b71 by inserting safety before performance targets each place it appears4 #bbjh4 ,design standards 7a7 ,in general ,section #aji of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking may take into account and inserting shall consider2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,c71 by striking and at the end2 7ii7 by redesignating subparagraph 7,d7 as subparagraph 7,f72 and 7iii7 by inserting after subparagraph 7,c7 the following3 7,d7 the publication entitled ,highway ,safety ,manual of the ,american ,association of ,state ,highway and ,transportation ,officials2 7,e7 the publication entitled ,urban ,street ,design ,guide of the ,national ,association of ,city ,transportation ,officials2 and 2 and 7#b7 in subsection 7f71 by inserting pedestrian walkways1 after bikeways14 7b7 ,design standard flexibility ,notwithstanding section #aji7o7 of title #bc1 ,united ,states ,code1 a local jurisdiction may use a roadway design guide 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 7other than a highway on the ,interstate ,system7 if-- 7#a7 the local jurisdiction is the project sponsor2 7#b7 the roadway design guide-- 7,a7 is recognized by the ,federal ,highway ,administration2 and 7,b7 is adopted by the local jurisdiction2 and 7#c7 the design complies with all other applicable ,federal laws4 ,,iii ,transportation infrastructure finance and innovation act of #aiih amendments #cjja4 ,transportation ,infrastructure ,finance and ,innovation ,act of #aiih amendments 7a7 ,definitions ,section #fja7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a7-- 7,a7 by striking ,in this chapter1 the and inserting ,the2 and 7,b7 by inserting to sections #fja through #fji after apply2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,d7 capitalizing a rural projects fund using the proceeds of a secured loan made to a ,state infrastructure bank in accordance with sections #fjb and #fjc1 for the purpose of making loans to sponsors of rural infrastructure projects in accordance with section #faj4 2 7#c7 in paragraph 7#c71 by striking this chapter and inserting the ,,tifia program2 7#d7 in paragraph 7#aj7-- 7,a7 in the matter preceding subparagraph 7,a7-- 7i7 by inserting related before projects2 and 7ii7 by striking 7which shall receive an investment grade rating from a rating agency72 7,b7 in subparagraph 7,a71 by striking subject to the availability of future funds being made available to carry out this chapter2 and inserting 8subject to-- 7i7 the availability of future funds being made available to carry out the ,,tifia program2 and 7ii7 the satisfaction of all of the conditions for the provision of credit assistance under the ,,tifia program1 including section #fjc7;b77#a72 2 and 7,c7 in subparagraph 7,d7-- 7i7 by redesignating clauses 7ii7 and 7iii7 as clauses 7iii7 and 7iv71 respectively2 7ii7 by inserting after clause 7i7 the following3 7ii7 receiving an investment grade rating from a rating agency2 2 7iii7 in clause 7iii7 7as so redesignated71 by striking section #fjb7;c7 and inserting including sections #fjb7;c7 and #fjc7;b77#a72 and 7iv7 in clause 7iv7 7as so redesignated71 by striking this chapter and inserting the ,,tifia program2 7#e7 in paragraph 7#ab7-- 7,a7 in subparagraph 7,d77iv71 by striking the period at the end and inserting 2 and2 and 7,b7 by adding at the end the following3 7,e7 a project to improve or construct public infrastructure that is located within walking distance of1 and accessible to1 a fixed guideway transit facility1 passenger rail station1 intercity bus station1 or intermodal facility1 including a transportation1 public utility1 and capital project described in section #ecjb7c77;,g77v7 of title #di1 and related infrastructure2 7,f7 a project for the acquisition of plant and wildlife habitat pursuant to a conservation plan that-- 7i7 has been approved by the ,secretary of the ,interior pursuant to section #aj of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci72 and 7ii7 as determined by the ,secretary of the ,interior1 would mitigate the environmental impacts of transportation infrastructure projects otherwise eligible for assistance under the ,,tifia program2 and 7,g7 the capitalization of a rural projects fund by a ,state infrastructure bank with the proceeds of a secured loan made in accordance with sections #fjb and #fjc1 for the purpose of making loans to sponsors of rural infrastructure projects in accordance with section #faj4 2 7#f7 in paragraph 7#ae71 by striking means and all that follows through the period at the end and inserting means a surface transportation infrastructure project located in an area that is outside of an urbanized area with a population greater than #aej1jjj individuals1 as determined by the ,bureau of the ,census42 7#g7 by redesignating paragraphs 7#af71 7#ag71 7#ah71 7#ai71 and 7#bj7 as paragraphs 7#ag71 7#ah71 7#bj71 7#ba71 and 7#bb71 respectively2 7#h7 by inserting after paragraph 7#ae7 the following3 7#af7 ,rural projects fund ,the term rural projects fund means a fund-- 7,a7 established by a ,state infrastructure bank in accordance with section #faj7;d77#d72 7,b7 capitalized with the proceeds of a secured loan made to the bank in accordance with sections #fjb and #fjc2 and 7,c7 for the purpose of making loans to sponsors of rural infrastructure projects in accordance with section #faj4 2 7#i7 by inserting after paragraph 7#ah7 7as redesignated7 the following3 7#ai7 ,state infrastructure bank ,the term ,state infrastructure bank means an infrastructure bank established under section #faj4 2 and 7#aj7 in paragraph 7#bb7 7as redesignated71 by inserting established under sections #fjb through #fji after ,department4 7b7 ,determination of eligibility and project selection ,section #fjb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking this chapter and inserting the ,,tifia program2 7,b7 in paragraph 7#b77;,a71 by striking this chapter and inserting the ,,tifia program2 7,c7 in paragraph 7#c71 by striking this chapter and inserting the ,,tifia program2 7,d7 in paragraph 7#e7-- 7i7 by striking the heading and inserting ,eligible project cost parameters4--2 7ii7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking subparagraph 7,b71 to be eligible for assistance under this chapter1 a project and inserting subparagraphs 7,b7 and 7,c71 a project under the ,,tifia program2 7,,ii7 by striking clause 7i7 and inserting the following3 7i7 #ej1jjj1jjj2 and 2 and 7,,iii7 in clause 7ii71 by striking assistance2 and 7iii7 in subparagraph 7,b7-- 7,i7 by striking the subparagraph designation and heading and all that follows through ,in the case and inserting the following3 7,b7 ,exceptions 7i7 ,intelligent transportation systems ,in the case 2 and 7,,ii7 by adding at the end the following3 7ii7 ,transit-oriented development projects ,in the case of a project described in section #fja7;a77#ab77;,e71 eligible project costs shall be reasonably anticipated to equal or exceed #aj1jjj1jjj4 7iii7 ,rural projects ,in the case of a rural infrastructure project or a project capitalizing a rural projects fund1 eligible project costs shall be reasonably anticipated to equal or exceed #aj1jjj1jjj1 but not to exceed #ajj1jjj1jjj4 7iv7 ,local infrastructure projects ,eligible project costs shall be reasonably anticipated to equal or exceed #aj1jjj1jjj in the case of projects or programs of projects-- 7,i7 in which the applicant is a local government1 public authority1 or instrumentality of local government2 7,,ii7 located on a facility owned by a local government2 or 7,,iii7 for which the ,secretary determines that a local government is substantially involved in the development of the project4 2 7,e7 in paragraph 7#i71 in the matter preceding subparagraph 7,a71 by striking this chapter and inserting the ,,tifia program2 and 7,f7 in paragraph 7#aj7-- 7i7 by striking ,to be eligible and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 to be eligible 2 7ii7 by striking this chapter each place it appears and inserting the ,,tifia program2 7iii7 by striking not later than and inserting no later than2 and 7iv7 by adding at the end the following3 7,b7 ,rural projects fund ,in the case of a project capitalizing a rural projects fund1 the ,state infrastructure bank shall demonstrate1 not later than #b years after the date on which a secured loan is obligated for the project under the ,,tifia program1 that the bank has executed a loan agreement with a borrower for a rural infrastructure project in accordance with section #faj4 ,after the demonstration is made1 the bank may draw upon the secured loan4 ,at the end of the #b-year period1 to the extent the bank has not used the loan commitment1 the ,secretary may extend the term of the loan or withdraw the loan commitment4 2 7#b7 in subsection 7b71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,master credit agreements 7,a7 ,program of related projects ,the ,secretary may enter into a master credit agreement for a program of related projects secured by a common security pledge on terms acceptable to the ,secretary4 7,b7 ,adequate funding not available ,if the ,secretary fully obligates funding to eligible projects for a fiscal year and adequate funding is not available to fund a credit instrument1 a project sponsor of an eligible project may elect to enter into a master credit agreement and wait to execute a credit instrument until the fiscal year for which additional funds are available to receive credit assistance4 2 7#c7 in subsection 7c77#a71 in the matter preceding subparagraph 7,a71 by striking this chapter and inserting the ,,tifia program2 and 7#d7 in subsection 7e71 by striking this chapter and inserting the ,,tifia program4 7c7 ,secured loan terms and limitations ,section #fjc7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking ,the amount of and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amount of 2 and 7,b7 by adding at the end the following3 7,b7 ,rural projects fund ,in the case of a project capitalizing a rural projects fund1 the maximum amount of a secured loan made to a ,state infrastructure bank shall be determined in accordance with section #fjb7;a77#e77;,b77iii74 2 7#b7 in paragraph 7#c77;,a77i7-- 7,a7 in subclause 7,,iii71 by striking or at the end2 7,b7 in subclause 7,,iv71 by striking and at the end and inserting or2 and 7,c7 by adding at the end the following3 7,v7 in the case of a secured loan for a project capitalizing a rural projects fund1 any other dedicated revenue sources available to a ,state infrastructure bank1 including repayments from loans made by the bank for rural infrastructure projects2 and 2 7#c7 in paragraph 7#d77;,b7-- 7,a7 in clause 7i71 by striking under this chapter and inserting or a rural projects fund under the ,,tifia program2 and 7,b7 in clause 7ii71 by inserting and rural project funds after rural infrastructure projects2 7#d7 in paragraph 7#e7-- 7,a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting appropriately2 7,b7 in the matter preceding subparagraph 7,a71 by striking ,the final and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 the final 2 and 7,c7 by adding at the end the following3 7,b7 ,rural projects fund ,in the case of a project capitalizing a rural projects fund1 the final maturity date of the secured loan shall not exceed #ce years after the date on which the secured loan is obligated4 2 7#e7 in paragraph 7#h71 by striking this chapter and inserting the ,,tifia program2 and 7#f7 in paragraph 7#i7-- 7,a7 by striking ,the total ,federal assistance provided on a project receiving a loan under this chapter and inserting the following3 7,a7 ,in general ,the total ,federal assistance provided for a project receiving a loan under the ,,tifia program 2 and 7,b7 by adding at the end the following3 7,b7 ,rural projects fund ,a project capitalizing a rural projects fund shall satisfy clause 7i7 through compliance with the ,federal share requirement described in section #faj7;e77#c77;,b74 4 7d7 ,program administration ,section #fje of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking this chapter each place it appears and inserting the ,,tifia program2 and 7#b7 by adding at the end the following3 7f7 ,assistance to small projects 7#a7 ,reservation of funds ,of the funds made available to carry out the ,,tifia program for each fiscal year1 and after the set-aside under section #fjh7;a77#f71 not less than #b1jjj1jjj shall be made available for the ,secretary to use in lieu of fees collected under subsection 7b7 for projects under the ,,tifia program having eligible project costs that are reasonably anticipated not to equal or exceed #ge1jjj1jjj4 7#b7 ,release of funds ,any funds not used under paragraph 7#a7 shall be made available on ,october #a of the following fiscal year to provide credit assistance to any project under the ,,tifia program4 4 7e7 ,state and local permits ,section #fjf of title #bc1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a7 by striking this chapter and inserting the ,,tifia program4 7f7 ,regulations ,section #fjg of title #bc1 ,united ,states ,code1 is amended by striking this chapter and inserting the ,,tifia program4 7g7 ,funding ,section #fjh of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking this chapter each place it appears and inserting the ,,tifia program2 and 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by inserting of after #ejd7;f72 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by inserting or rural projects funds after rural infrastructure projects2 and 7ii7 in subparagraph 7,b71 by inserting or rural projects funds after rural infrastructure projects2 and 7,c7 in paragraph 7#f71 by striking #j4ej percent and inserting #j4ge percent4 7h7 ,reports to ,congress ,section #fji of title #bc1 ,united ,states ,code1 is amended by striking this chapter 7other than section #faj7 each place it appears and inserting the ,,tifia program4 7i7 ,state infrastructure bank program ,section #faj of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#aa7 ,rural infrastructure project ,the term rural infrastructure project has the meaning given the term in section #fja4 7#ab7 ,rural projects fund ,the term rural projects fund has the meaning given the term in section #fja4 2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a71 by striking each of fiscal years and all that follows through the end of subparagraph 7,a7 and inserting each fiscal year under each of paragraphs 7#a71 7#b71 and 7#e7 of section #ajd7;b72 and2 7,b7 in paragraph 7#b71 by striking in each of fiscal years #bjje through #bjji and inserting in each fiscal year2 7,c7 in paragraph 7#c71 by striking in each of fiscal years #bjje through #bjji and inserting in each fiscal year2 7,d7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#e7 through 7#g71 respectively2 7,e7 by inserting after paragraph 7#c7 the following3 7#d7 ,rural projects fund ,subject to subsection 7j71 the ,secretary may permit a ,state entering into a cooperative agreement under this section to establish a ,state infrastructure bank to deposit into the rural projects fund of the bank the proceeds of a secured loan made to the bank in accordance with section #fjb and #fjc4 2 and 7,f7 in paragraph 7#f7 7as redesignated71 by striking section #acc7;d77#c7 and inserting section #acc7;d77#a77;,a77i72 7#c7 by striking subsection 7e7 and inserting the following3 7e7 ,forms of assistance from ,state infrastructure banks 7#a7 ,in general ,a ,state infrastructure bank established under this section may-- 7,a7 with funds deposited into the highway account1 transit account1 or rail account of the bank1 make loans or provide other forms of credit assistance to a public or private entity to carry out a project eligible for assistance under this section2 and 7,b7 with funds deposited into the rural projects fund1 make loans to a public or private entity to carry out a rural infrastructure project4 7#b7 ,subordination of loan ,the amount of a loan or other form of credit assistance provided for a project described in paragraph 7#a7 may be subordinated to any other debt financing for the project4 7#c7 ,maximum amount of assistance ,a ,state infrastructure bank established under this section may-- 7,a7 with funds deposited into the highway account1 transit account1 or rail account1 make loans or provide other forms of credit assistance to a public or private entity in an amount up to #ajj percent of the cost of carrying out a project eligible for assistance under this section2 and 7,b7 with funds deposited into the rural projects fund1 make loans to a public or private entity in an amount not to exceed #hj percent of the cost of carrying out a rural infrastructure project4 7#d7 ,initial assistance ,initial assistance provided with respect to a project from ,federal funds deposited into a ,state infrastructure bank under this section may not be made in the form of a grant4 2 7#d7 in subsection 7g7-- 7,a7 in paragraph 7#a71 by striking each account and inserting the highway account1 the transit account1 and the rail account2 and 7,b7 in paragraph 7#d71 by inserting 1 except that any loan funded from the rural projects fund of the bank shall bear interest at or below the interest rate charged for the ,,tifia loan provided to the bank under section #fjc after feasible2 and 7#e7 in subsection 7k71 by striking ,for each of fiscal years #bjje through #bjji and inserting ,for each fiscal year4 ,,iv ,technical corrections to ,,map-#ba #djja4 ,technical corrections 7a7 ,section #aja7;a77#bi7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,b71 by inserting a comma after disabilities2 and 7#b7 in subparagraph 7,f77i71 by striking #acc7;b77#aa7 and inserting #acc7;b77#ad74 7b7 ,section #aai7;d77#a77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking mobility1 and inserting congestion reduction1 system reliability14 7c7 ,section #abf7;b7 of title #bc1 ,united ,states ,code 7as amended by section #ajaf7;b771 is amended by striking #acc7;d7 and inserting #acc7;d77#a77;,a74 7d7 ,section #abg7;a77#c7 of title #bc1 ,united ,states ,code1 is amended by striking #aah7;b77#b7 of this title and inserting #aah7;b74 7e7 ,section #aej7;c77#c77;,b7 of title #bc1 ,united ,states ,code1 is amended by striking the semicolon at the end and inserting a period4 7f7 ,section #aec7;h77#b7 of title #bc1 ,united ,states ,code1 is amended by striking paragraphs 7#a7 through 7#c7 and inserting paragraphs 7#a71 7#b71 and 7#d74 7g7 ,section #afc7;f77#b7 of title #bc1 ,united ,states ,code1 is amended by striking #aah7;b77#b7 and inserting #aah7;b74 7h7 ,section #afe7;c77#g7 of title #bc1 ,united ,states ,code1 is amended by striking paragraphs 7#b71 7#d71 7#g71 7#h71 7#ad71 and 7#ai7 and inserting paragraphs 7#b71 7#d71 7#f71 7#g71 and 7#ad74 7i7 ,section #bjb7;b77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a77i71 in the matter preceding subclause 7,i71 by inserting 7a77#f71 after subsections2 and 7#b7 in subparagraph 7,c77ii77,,iv71 by striking 7,,iii74 and inserting 7,,iii744 7j7 ,section #bag7;a7 of title #bc1 ,united ,states ,code1 is amended by striking #ajd7;b77#c7 and inserting #ajd7;b77#d74 7k7 ,section #cbg7;a77#b77;,b77iii7 of title #bc1 ,united ,states ,code1 is amended by striking 7#db ,u4,s4,c4 #ac #dcba et seq47 and inserting 7#db ,u4,s4,c4 #dcba et seq474 7l7 ,section #ejd7;a77#d7 of title #bc1 ,united ,states ,code1 is amended by striking #ajd7;b77#c7 and inserting #ajd7;b77#b74 7m7 ,section #eae of title #bc1 ,united ,states ,code1 is amended by striking this chapter each place it appears and inserting sections #eab through #eah4 7n7 ,section #eah7;a7 of title #bc1 ,united ,states ,code1 is amended by inserting a report after ,house of ,representatives4 7o7 ,section #fcjb7;b77#c77;,b77vi77,,iii7 of title #di1 ,united ,states ,code1 is amended by striking #fcaj and inserting #fcji4 7p7 ,section #acja7l77#c7 of ,,safetea-,,lu 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aji-ei7 is amended-- 7#a7 in subparagraph 7,a77i71 by striking complied and inserting compiled2 and 7#b7 in subparagraph 7,b71 by striking paragraph 7#a7 and inserting subparagraph 7,a74 7q7 ,section #ddjg of ,,safetea-,,lu 7,public ,law #aji-ei2 #aai ,stat4 #aggg71 is amended by striking hereby enacted into law and inserting granted4 7r7 ,section #eajja7;a77#a7 of the ,transportation ,research and ,innovative ,technology ,act of #bjab 7#abf ,stat4 #hfd7 is amended by striking sections #ejc7;b71 #ejc7;d71 and #eji and inserting section #ejc7;b74 ,v ,miscellaneous #ejja4 ,appalachian development highway system ,section #aebh of ,,map-#ba 7#dj ,u4,s4,c4 #adeja note2 ,public ,law #aab-ada7 is amended-- 7#a7 by striking #bjba each place it appears and inserting #bjej2 and 7#b7 by striking shall be #ajj percent each place it appears and inserting shall be up to #ajj percent1 as determined by the ,state4 #ejjb4 ,appalachian regional development program 7a7 ,high-,speed broadband development initiative 7#a7 ,in general ,subchapter ,i of chapter #ade of subtitle ,,iv of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 #adeji4 ,high-speed broadband deployment initiative 7a7 ,in general ,the ,appalachian ,regional ,commission may provide technical assistance1 make grants1 enter into contracts1 or otherwise provide amounts to individuals or entities in the ,appalachian region for projects and activities-- 7#a7 to increase affordable access to broadband networks throughout the ,appalachian region2 7#b7 to conduct research1 analysis1 and training to increase broadband adoption efforts in the ,appalachian region2 7#c7 to provide technology assets1 including computers1 smartboards1 and video projectors to educational systems throughout the ,appalachian region2 7#d7 to increase distance learning opportunities throughout the ,appalachian region2 7#e7 to increase the use of telehealth technologies in the ,appalachian region2 and 7#f7 to promote e-commerce applications in the ,appalachian region4 7b7 ,limitation on available amounts ,of the cost of any activity eligible for a grant under this section-- 7#a7 not more than #ej percent may be provided from amounts appropriated to carry out this section2 and 7#b7 notwithstanding paragraph 7#a7-- 7,a7 in the case of a project to be carried out in a county for which a distressed county designation is in effect under section #adebf1 not more than #hj percent may be provided from amounts appropriated to carry out this section2 and 7,b7 in the case of a project to be carried out in a county for which an at-risk designation is in effect under section #adebf1 not more than #gj percent may be provided from amounts appropriated to carry out this section4 7c7 ,sources of assistance ,subject to subsection 7b71 a grant provided under this section may be provided from amounts made available to carry out this section in combination with amounts made available-- 7#a7 under any other ,federal program2 or 7#b7 from any other source4 7d7 ,federal share ,notwithstanding any provision of law limiting the ,federal share under any other ,federal program1 amounts made available to carry out this section may be used to increase that ,federal share1 as the ,appalachian ,regional ,commission determines to be appropriate4 4 7#b7 ,conforming amendment ,the analysis for chapter #ade of title #dj1 ,united ,states ,code1 is amended by inserting after the item relating to section #adejh the following3 #adeji4 ,high-speed broadband deployment initiative4 4 7b7 ,authorization of appropriations ,section #adgjc of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#e71 by striking fiscal year #bjab and inserting each of fiscal years #bjab through #bjba2 7#b7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7#c7 by inserting after subsection 7b7 the following3 7c7 ,high-,speed broadband deployment initiative ,of the amounts made available under subsection 7a71 #aj1jjj1jjj shall be used to carry out section #adeji for each of fiscal years #bjaf through #bjba4 4 7c7 ,termination ,section #adgjd of title #dj1 ,united ,states ,code1 is amended by striking #bjab and inserting #bjba4 7d7 ,effective date ,this section and the amendments made by this section take effect on ,october #a1 #bjae4 ,,vi ,extension of ,federal-aid highway programs #fjja4 ,extension of ,federal-aid highway programs 7a7 ,in general ,section #ajja of the ,highway and ,transportation ,funding ,act of #bjad 7,public ,law #aac-aei2 #abh ,stat4 #ahdj2 #abi ,stat4 #bai7 is amended-- 7#a7 in subsection 7a71 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae2 7#b7 in subsection 7b77#a7-- 7,a7 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae2 and 7,b7 by striking #cjd_/cfe and inserting #cfe_/cfe2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae2 and 7ii7 by striking #cjd_/cfe and inserting #cfe_/cfe2 and 7,b7 in paragraph 7#b77;,b71 by striking by this subsection4 7b7 ,obligation ceiling ,section #aajb of ,,map-#ba 7#bc ,u4,s4,c4 #ajd note2 ,public ,law #aab-ada7 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 by striking #cc1ebh1bhd1icb and inserting #dj1bef1jjj1jjj2 and 7,b7 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae2 7#b7 in subsection 7b77#ab7-- 7,a7 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae2 and 7,b7 by striking #cjd_/cfe and inserting #cfe_/cfe2 7#c7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae2 and 7,b7 in paragraph 7#b7-- 7i7 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae2 and 7ii7 by striking #cjd_/cfe and inserting #cfe_/cfe2 and 7#d7 in subsection 7f77#a71 in the matter preceding subparagraph 7,a71 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae4 7c7 ,tribal high priority projects program ,section #aabc7;h77#a7 of ,,map-#ba 7#bc ,u4,s4,c4 #bjb note2 ,public ,law #aab-ada7 is amended-- 7#a7 by striking #bd1ihf1cja and inserting #cj1jjj1jjj2 and 7#b7 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae4 #fjjb4 ,administrative expenses 7a7 ,authorization of contract authority ,section #ajjb7;a7 of the ,highway and ,transportation ,funding ,act of #bjad 7,public ,law #aac-aei2 #abh ,stat4 #ahdb2 #abi ,stat4 #bbj7 is amended-- 7#a7 by striking #cff1dfe1gec and inserting #ddj1jjj1jjj2 and 7#b7 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae4 7b7 ,contract authority ,section #ajjb7;b77#b7 of the ,highway and ,transportation ,funding ,act of #bjad 7,public ,law #aac-aei2 #abh ,stat4 #ahdb2 #abi ,stat4 #bbj7 is amended by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae4