,,ii #aaeth ,,congress #b;d ,session ,s4 #bbgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #d1 #bjah ,mr4 ,brown 7for himself1 ,mr4 ,whitehouse1 and ,mr4 ,wyden7 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 establish a competitive grant program to repair1 improve1 rehabilitate1 or replace bridges to improve the safety1 efficiency1 and reliability of the movement of people and freight over bridge crossings1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,bridge ,investment ,act4 #b4 ,bridge investment program 7a7 ,in general ,title #bc1 ,united ,states ,code1 is amended by inserting after section #abc the following3 #abd4 ,bridge investment program 7a7 ,definitions ,in this section3 7#a7 ,eligible project ,the term eligible project means-- 7,a7 a large project to repair1 improve1 rehabilitate1 or replace a bridge on a public road2 7,b7 a medium or small project to repair1 improve1 rehabilitate1 or replace a bridge on a public road2 and 7,c7 a program of medium or small projects to repair1 improve1 rehabilitate1 or replace a bridge on a public road4 7#b7 ,large project ,the term large project means a project with total eligible project costs1 as determined by the ,secretary under subsection 7j71 of greater than #ajj1jjj1jjj4 7#c7 ,medium or small project ,the term medium or small project means a project with total eligible project costs1 as determined by the ,secretary under subsection 7j71 equal to or less than #ajj1jjj1jjj4 7#d7 ,nationally or regionally significant project ,the term nationally or regionally significant project means a large project-- 7,a7 for which an eligible applicant seeks more than #ejj1jjj1jjj of assistance under this section2 and 7,b7 that addresses significant national or regional needs1 as determined by the ,secretary4 7#e7 ,program ,the term program means the bridge investment program established by subsection 7b77#a74 7#f7 ,program of medium or small projects ,the term program of medium or small projects means the simultaneous development of #b of more medium or small projects for which the total eligible project costs1 as determined by the ,secretary under subsection 7j7 for all projects1 are equal to or less than #ajj1jjj1jjj4 7#g7 ,rural area ,the term rural area means an area that is outside an urbanized area with a population of over #bjj1jjj4 7b7 ,establishment of program 7#a7 ,in general ,there is established a bridge investment program to provide financial assistance for eligible projects under this section4 7#b7 ,goals ,the goals of the program shall be-- 7,a7 to repair1 improve1 rehabilitate1 or replace bridges to improve the safety1 efficiency1 and reliability of the movement of people and freight over bridges2 7,b7 to improve the condition of bridges in the ,united ,states by reducing-- 7i7 the number of bridges in need of significant repairs2 7ii7 the number of bridges with designs that do not meet applicable engineering standards that are current as of the date of review of the designs2 7iii7 the number of bridges with designs that are not suitable for the use 7as determined on the date of review of the designs7 of those bridges2 and 7iv7 the number of bridges with structural elements the failure of which would cause the bridge or a portion of the bridge to collapse2 and 7,c7 to provide financial assistance that leverages and encourages non-,federal contributions from sponsors and stakeholders involved in the planning1 development1 and construction of eligible projects4 7c7 ,grant authority 7#a7 ,in general ,in carrying out the program1 the ,secretary may award grants1 on a competitive basis1 in accordance with this section4 7#b7 ,grant amounts ,except as otherwise provided1 a grant under this program shall be-- 7,a7 in the case of a large project1 not less than #dj1jjj1jjj2 and 7,b7 in the case of a medium or small project or a program of medium or small projects1 not less than #b1ejj1jjj4 7#c7 ,minimum amount ,except as otherwise provided1 for an eligible project receiving assistance under the program1 the total amount of assistance provided by the ,secretary under this section shall be not less than #dj percent of total eligible project costs1 as determined by the ,secretary under subsection 7j71 unless the eligible applicant requests a smaller amount of assistance4 7#d7 ,distribution of grants 7,a7 ,grants less than #ajj1jjj1jjj ,to the maximum extent practicable1 if the ,secretary awards for an eligible project a grant in an amount less than #ajj1jjj1jjj1 the funds shall be made available in #a distribution4 7,b7 ,grants equal to or greater than #ajj1jjj1jjj ,to the maximum extent practicable1 if the ,secretary awards for an eligible project a grant in an amount equal to or greater than #ajj1jjj1jjj1 the funds shall be made available in accordance with a multiyear grant agreement under subsection 7m74 7d7 ,eligible applicants 7#a7 ,in general ,the ,secretary may make a grant under the program to any of the following3 7,a7 ,a ,state or a group of ,states4 7,b7 ,a metropolitan planning organization that serves an urbanized area 7as defined by the ,bureau of the ,census74 7,c7 ,a unit of local government or a group of local governments4 7,d7 ,a political subdivision of a ,state or local government4 7,e7 ,a special purpose district or public authority with a transportation function4 7,f7 ,a ,federal land management agency that applies jointly with a ,state or group of ,states4 7,g7 ,an ,indian tribe4 7,h7 ,a multistate or multijurisdictional group of entities described in subparagraphs 7,a7 through 7,g74 7#b7 ,applications ,to be eligible for a grant under the program1 an eligible entity shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary determines to be appropriate4 7e7 ,eligible project requirements ,the ,secretary may make a grant under the program only for an eligible project that-- 7#a7 the ,secretary determines is justified based on an evaluation under subsection 7g7 or 7h71 as applicable2 7#b7 the ,secretary recommends for funding in the annual report on funding recommendations under subsection 7i72 7#c7 is reasonably expected to begin construction not later than #ah months after the date on which funds are obligated for the project2 and 7#d7 is based on-- 7,a7 the results of preliminary engineering2 or 7,b7 asset management planning that includes a reasonable cost estimate for a noncomplex project or noncomplex elements of a program of medium or small projects4 7f7 ,project phases 7#a7 ,project development phase 7,a7 ,in general ,a project shall be considered to have entered the project development phase if-- 7i7 an eligible entity under subsection 7d77#a7-- 7,i7 submits an application to the ,secretary describing the project and requesting entry into the project development phase2 and 7,,ii7 activities required to be carried out under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to the project have been initiated2 and 7ii7 not later than #de days after the date on which the ,secretary receives the application under clause 7i77,i71 the ,secretary-- 7,i7 provides to the applicant written notice that the information provided is sufficient to enter into the project development phase2 and 7,,ii7 submits to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a written notice that the project is entering the project development phase4 7,b7 ,activities during project development phase ,concurrent with the analysis required to be made under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 each applicant shall develop sufficient information to enable the ,secretary to evaluate the project under subsection 7g7 or 7h71 as applicable4 7,c7 ,completion of project development activities required 7i7 ,in general ,not later than #a year after the date on which a project enters the project development phase1 the applicant shall-- 7,i7 complete the activities required for the ,secretary to evaluate the project under subsection 7g7 or 7h71 as applicable2 and 7,,ii7 submit to the ,secretary documentation of the completion of those activities4 7ii7 ,extension of time ,on the request of an applicant1 the ,secretary may extend the time period under clause 7i71 if the applicant submits to the ,secretary-- 7,i7 a reasonable plan for completing the activities required under this paragraph2 and 7,,ii7 an estimated time period within which the applicant will complete the activities4 7#b7 ,post-evaluation and final development phase ,a project shall be considered to be in the post-evaluation and final development phase if the ,secretary1 in the annual report under subsection 7i7-- 7,a7 determines the project is justified under subsection 7g7 or 7h71 as applicable2 and 7,b7 recommends a grant amount under this section in accordance with subsection 7c7 for the project4 7#c7 ,project advancement ,a proposed project may not advance from the project development phase to the post-evaluation and final development phase1 or from the post-evaluation and final development phase1 to the construction phase1 unless the ,secretary determines that-- 7,a7 the project meets the applicable requirements under this section2 and 7,b7 there is a reasonable likelihood that the project will continue to meet the requirements under this section4 7g7 ,evaluation of large projects 7#a7 ,in general ,the ,secretary may select a large project for a grant under the program only if the ,secretary evaluates the proposed project and determines that the project is justified because the project-- 7,a7 in the case of a rehabilitation or improvement project1 addresses a need to improve the condition of the bridge1 as determined by the ,secretary1 by-- 7i7 undertaking significant repairs and improvements1 including any repairs that address conditions that caused the ,secretary to identify the bridge as structurally deficient under section #add7;b72 7ii7 updating features that do not meet applicable engineering standards that are current as of the date of review of the features for the use of the bridge2 or 7iii7 improving structural elements the failure of which would cause the bridge1 or a portion of the bridge1 to collapse2 7,b7 in the case of a replacement project1 will obviate a need1 as determined by the ,secretary-- 7i7 to undertake significant repairs and improvements1 including any repairs that address conditions that caused the ,secretary to identify the bridge as structurally deficient under section #add7;b72 7ii7 to update features that do not meet applicable engineering standards that are current as of the date of review of the features for the use of the bridge2 or 7iii7 to improve structural elements the failure of which would cause the bridge1 or a portion of the bridge1 to collapse2 7,c7 will generate1 as determined by the ,secretary1 measurable-- 7i7 benefits derived from the prevention of closure or reduced use of a bridge to be rehabilitated1 improved1 or replaced2 7ii7 safety benefits1 including the reduction of accidents and related costs2 7iii7 mobility benefits1 including congestion reduction2 7iv7 national or regional economic benefits2 7v7 benefits from long-term resiliency to extreme weather1 flooding1 or sea level rise2 7vi7 benefits from addressing seismic vulnerability2 7vii7 environmental benefits2 or 7viii7 benefits to nonvehicular and public transportation users2 7,d7 is supported by an acceptable degree of non-,federal financial commitment1 including stable and dependable sources of funding and financing2 7,e7 is included in1 and consistent with the goals of1 applicable asset management plans of the project sponsor1 including a ,state asset management plan under section #aai7;e7 in the case of a project sponsored by a ,state2 and 7,f7 on completion and subsequent operation1 will not reduce support1 including the use of ,federal and non-,federal contributions1 by the project sponsor or other governmental entities in the region of the project for the repair and maintenance of transportation facilities eligible for assistance under this title4 7#b7 ,ratings 7,a7 ,in general ,the ,secretary shall develop a methodology to evaluate and rate a project under this subsection on a #e-point scale 7the points of which include high1 medium-high1 medium1 medium-low1 and low7 for each of-- 7i7 subparagraph 7,a7 or 7,b7 of paragraph 7#a71 as applicable2 7ii7 paragraph 7#a77;,c72 and 7iii7 paragraph 7#a77;,d74 7,b7 ,requirement ,to be eligible for a grant under this subsection1 a project shall receive a rating of not less than medium under each of-- 7i7 subparagraph 7,a7 or 7,b7 of paragraph 7#a71 as applicable2 7ii7 paragraph 7#a77;,c72 and 7iii7 paragraph 7#a77;,d74 7,c7 ,evaluating certain projects ,in evaluating and rating a project under this paragraph with respect to the benefits described in paragraph 7#a77;,c7-- 7i7 except as provided in clause 7ii71 the ,secretary shall evaluate the category of benefit described in each of clauses 7i7 through 7vii7 of that paragraph on a #e-point scale described in subparagraph 7,a72 7ii7 in any case in which the project sponsor determines that a category of benefit referred to in clause 7i7 shall not be applicable to a proposed project1 the ,secretary shall not assign a rating to the category2 and 7iii7 for a project to receive a cumulative rating of medium for that paragraph1 the ,secretary shall not require a minimum level of benefits from any single category of benefit described in any of clauses 7i7 through 7vii7 of that paragraph4 7,d7 ,non-,federal financial requirement ,in determining if a project is justified for purposes of paragraph 7#a77;,d71 the ,secretary shall require that-- 7i7 the proposed project plan provides for the availability of contingency amounts that the ,secretary determines to be reasonable to cover unanticipated cost increases or funding shortfalls2 and 7ii7 each proposed non-,federal source of capital and operating funding and financing is stable1 reliable1 and available within the proposed project timetable4 7,e7 ,evaluation of non-,federal financial commitment ,in assessing the stability1 reliability1 and availability of proposed sources of proposed sources of non-,federal funding and financing for purposes of paragraph 7#a77;,d71 the ,secretary shall consider-- 7i7 the reliability of the forecasting methods used to estimate costs and revenues made by the applicant and the contractors of the applicant2 7ii7 existing grant commitments2 7iii7 the degree to which financing sources are dedicated to the proposed purposes2 7iv7 any debt obligation that exists1 or is proposed by the applicant1 for the proposed project or other purpose2 7v7 the extent to which the project has a non-,federal financial commitment that exceeds the required non-,federal share of the cost of the project2 and 7vi7 the extent to which the eligible applicant1 project partners1 or the entity that will operate the bridge following completion of the project will have sufficient financial resources to maintain or improve the condition of bridges under the control of that entity1 including the bridge to be repaired1 improved or replaced under the program following project completion4 7h7 ,evaluation of medium or small projects 7#a7 ,in general ,the ,secretary may select a medium or small project or a program of medium or small projects for a grant under the program only if the ,secretary evaluates the proposed project and determines that the project is justified because the project-- 7,a7 in the case of a rehabilitation project1 addresses a need1 as determined by the ,secretary1 to improve the condition of the bridge by-- 7i7 undertaking significant repairs and improvements1 including any repairs that address conditions that caused the ,secretary to identify the bridge as structurally deficient under section #add7;b72 7ii7 updating features that do not meet applicable engineering standards that are current as of the date of review of the features for the use of the bridge2 or 7iii7 improving structural elements the failure of which would cause the bridge1 or a portion of the bridge1 to collapse2 7,b7 in the case of a replacement or improvement project-- 7i7 will obviate a need1 as determined by the ,secretary-- 7,i7 to undertake significant repairs and improvements1 including any repairs that address conditions that caused the ,secretary to identify the bridge as structurally deficient under section #add7;b72 7,,ii7 to update features that do not meet applicable engineering standards that are current as of the date of review of the features for the use of the bridge2 or 7,,iii7 to improve structural elements the failure of which would cause the bridge or a portion of the bridge to collapse2 7,c7 in the case of a project for which the project sponsor requests a grant in an amount greater than #be1jjj1jjj under this section1 will generate1 as determined by the ,secretary1 measurable-- 7i7 benefits derived from the prevention of closure or reduced use of a bridge or bridges to be rehabilitated1 improved1 or replaced2 7ii7 benefits from executing a program of medium or small projects compared to traditionally delivered projects2 7iii7 safety benefits1 including the reduction of accidents and related costs2 7iv7 mobility benefits1 including congestion reduction2 7v7 economic benefits2 7vi7 benefits from long-term resiliency to extreme weather1 flooding1 or sea level rise2 7vii7 benefits from addressing seismic vulnerability2 7viii7 environmental benefits2 or 7ix7 benefits to nonvehicular and public transportation users2 7,d7 is supported by an acceptable degree of non-,federal financial commitment1 including stable and dependable sources of funding and financing2 7,e7 is included in1 and consistent with the goals of1 applicable asset management plans of the sponsor1 including a ,state asset management plan under section #aai7;e71 in the case of a project sponsored by a ,state2 and 7,f7 on completion and subsequent operation1 will not reduce support by the project sponsor for the repair and maintenance of transportation facilities eligible under this title4 7#b7 ,ratings 7,a7 ,in general ,the ,secretary shall develop a methodology to evaluate and rate a project under this subsection on a #e-point scale 7the points of which include high1 medium-high1 medium1 medium-low1 and low7 for each of-- 7i7 subparagraph 7,a7 or 7,b7 of paragraph 7#a71 as applicable2 7ii7 paragraph 7#a77;,c71 if applicable2 and 7iii7 paragraph 7#a77;,d74 7,b7 ,requirement ,to be eligible for a grant under this subsection1 a project shall receive a rating of not less than medium under each of-- 7i7 subparagraph 7,a7 or 7,b7 of paragraph 7#a71 as applicable2 7ii7 paragraph 7#a77;,c71 if applicable2 and 7iii7 paragraph 7#a77;,d74 7,c7 ,evaluating certain projects ,in evaluating and rating a project under this paragraph with respect to the benefits described in paragraph 7#a77;,c7-- 7i7 except as provided in clause 7ii71 the ,secretary shall evaluate the category of benefit described in each of clauses 7i7 through 7viii7 of that paragraph on a #e-point scale described in subparagraph 7,a72 7ii7 in any case in which the project sponsor determines that a category of benefit referred to in clause 7i7 shall not be applicable to a proposed project1 the ,secretary shall not assign a rating to the category2 and 7iii7 for a project to receive a cumulative rating of medium for that paragraph1 the ,secretary shall not require a minimum level of benefits from any single category of benefit described in any of clauses 7i7 through 7viii7 of that paragraph4 7,d7 ,optional benefit evaluation 7i7 ,in general ,in the case of a project for which the project sponsor requests a grant in an amount of #be1jjj1jjj or less under this section1 the project sponsor may request that the ,secretary carry out an evaluation described in paragraph 7#a77;,c74 7ii7 ,consideration ,if a project sponsor requests an evaluation under clause 7i71 the evaluation shall be considered by the ,secretary in making funding recommendations under subsection 7i74 7,e7 ,non-,federal financial requirement ,in determining if a project is justified for purposes of paragraph 7#a77;,d71 the ,secretary shall require that each proposed non-,federal source of capital and operating funding and financing is stable1 reliable1 and available within the proposed project timetable4 7,f7 ,evaluation of non-,federal financial commitment ,in the case of a project for which the project sponsor requests a grant in an amount greater than #be1jjj1jjj under this section1 in assessing the stability1 reliability1 and availability of proposed sources of proposed sources of non-,federal funding and financing for purposes of paragraph 7#a77;,d71 the ,secretary shall consider-- 7i7 the extent to which the project has a non-,federal financial commitment that exceeds the required non-,federal share of the cost of the project2 and 7ii7 the extent to which the eligible applicant1 project partners1 or the entity that will operate the bridge following completion of the project will have sufficient financial resources to maintain or improve the condition of bridges under the control of that entity1 including the bridge to be repaired1 improved or replaced under the program following project completion4 7i7 ,annual report on funding recommendations 7#a7 ,in general ,not later than the first ,monday in ,february of each year1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that includes-- 7,a7 a list of projects that have entered the project development phase under subsection 7f77#a72 7,b7 a list of projects-- 7i7 that have a signed multiyear grant agreement under subsection 7m7 and the amounts that the ,secretary anticipates distributing for those projects based on the payout schedules in the multiyear grant agreements from funds anticipated to be available under this section for the next fiscal year2 and 7ii7 for which the ,secretary anticipates signing a multiyear grant agreement under subsection 7m71 including-- 7,i7 any projects based on a prior recommendation from a report under this subsection2 and 7,,ii7 the amounts that the ,secretary anticipates distributing for the projects based on the payout schedules in a multiyear grant agreement from funds anticipated to be available under this section for the following fiscal year and future fiscal years2 7,c7 a list of projects-- 7i7 that received a single year grant under subsection 7c77#d77;,a7 and the amounts the ,secretary distributed to those projects2 and 7ii7 to which the ,secretary anticipates awarding a grant under subsection 7c77#d77;,a71 including-- 7,i7 any projects based on a prior recommendation from a report under this subsection2 and 7,,ii7 the amounts the ,secretary intends to distribute to the projects2 and 7,d7 in the case of a project that has entered the post-evaluation and final development phase under subsection 7f77#b71 as part of the lists under subparagraphs 7,b7 and 7,c71 as applicable-- 7i7 the evaluations and ratings under subsections 7g7 and 7h71 as applicable1 for each project1 used to determine whether the project is justified2 and 7ii7 a recommended amount of ,federal assistance for each project from funds anticipated to be available under this section for the next fiscal year4 7#b7 ,considerations ,in making recommendations for funding under paragraph 7#a77;,d77ii71 the ,secretary-- 7,a7 shall consider the need for a balance between the needs of rural and urban communities2 7,b7 shall allocate not less than #bj percent of the amount anticipated to be available for grants under the program for each fiscal year to projects in rural areas2 7,c7 shall allocate not less than #bj percent of the amount anticipated to be available for grants under the program for each fiscal year to projects for off-system bridges under section #acc7;f72 7,d7 shall allocate not less than #dj percent of the amount anticipated to be available for grants under the program for each fiscal year to large projects2 7,e7 shall allocate not less than #bj percent of the amount anticipated to be available for grants under the program for each fiscal year to nationally or regionally significant projects2 and 7,f7 may consider use of innovative design and construction techniques1 or innovative technologies4 7#c7 ,excess funding 7,a7 ,in general ,in any fiscal year in which the ,secretary determines that the total amounts allocated for any of subparagraphs 7,b7 through 7,e7 of paragraph 7#b7 will not be awarded in the next fiscal year1 the ,secretary shall use the unutilized amounts to make other grants under the program4 7,b7 ,explanation ,if the ,secretary makes a determination described in subparagraph 7,a71 the ,secretary shall include in the annual report under paragraph 7#a7 an explanation as to why the allocated amounts will not be awarded4 7#d7 ,private sector participation ,the extent of private sector participation in projects that receive a grant under the program1 including the use of nontraditional financing-- 7,a7 shall be determined by ,state and local policies1 criteria1 and decisionmaking2 and 7,b7 shall not alter or influence any evaluation under subsection 7g7 or 7h7 or recommendation for funding under this section by the ,secretary4 7#e7 ,deadline for evaluation ,to the maximum extent practicable1 the ,secretary shall establish an annual date by which1 for a project to be recommended by the ,secretary for funding in the next annual report under paragraph 7#a71 an applicant shall complete the activities required for the ,secretary to evaluate the project under subsection 7g7 or 7h71 as applicable1 and submit to the ,secretary documentation of the completion of those activities4 7j7 ,eligible project costs 7#a7 ,in general ,a grant received for an eligible project under the program may be used for-- 7,a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 7,b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements directly related to improving system performance2 7,c7 expenses related to access roads and structures1 including interchanges1 related to the bridge to be replaced or rehabilitated that are necessary for the efficient operation of the bridge or delivery of measurable benefits following completion of the project2 7,d7 project elements1 infrastructure1 and features that facilitate crossing or access for public transportation1 bicycle traffic1 and pedestrians2 7,e7 advanced transportation1 safety1 and congestion management technologies that are necessary for the efficient operation of the bridge or delivery of measurable benefits following completion of the project1 including advanced traveler information systems1 advanced transportation management technologies1 infrastructure maintenance and condition assessment technologies1 transportation system performance and monitoring technologies1 advanced safety systems1 technologies associated with autonomous vehicles1 or collision avoidance technologies2 7,f7 expenses related to seismic retrofits of bridges2 and 7,g7 expenses related to the installation of fiber optic cable or other communication technology that benefits the public4 7#b7 ,calculation ,in calculating the total eligible costs for a project1 the ,secretary shall include the cost of all activities described in paragraph 7#a71 regardless of the source of funding or financing used by an eligible applicant to carry out a project4 7k7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of a project for which a grant is provided under the program may not exceed-- 7,a7 in the case of a large project-- 7i7 #hj percent of eligible project costs1 as determined by the ,secretary under subsection 7j71 for the first #ajj1jjj1jjj2 and 7ii7 #fj percent of eligible project costs1 as determined by the ,secretary under subsection 7j71 for additional project costs2 and 7,b7 in the case of a medium or small project or a program of medium or small projects1 #hj percent of total eligible project costs1 as determined by the ,secretary under subsection 7j74 7#b7 ,maximum ,federal involvement ,federal assistance other than a grant under the program may be used to satisfy the non-,federal share of the cost of a project for which a grant is made1 except that the total ,federal assistance provided for a project receiving a grant under the program may not exceed #hj percent of the total eligible project costs1 as determined by the ,secretary under subsection 7j74 7#c7 ,exceptions 7,a7 ,certain ,states ,in the case of project for which a grant is provided under the program in a ,state described in section #abj7;b77#a7-- 7i7 the ,federal share of the cost of the project shall be calculated in accordance with the formula under that section2 and 7ii7 the total ,federal assistance for the project shall be calculated in accordance with the formula under that section4 7,b7 ,off-system bridges ,in the case of project for which a grant is provided under the program to repair1 rehabilitate or replace a structurally deficient off-system bridge-- 7i7 ,federal assistance other than a grant under the program may be used to satisfy the non-,federal share of the cost of a project2 and 7ii7 the total ,federal assistance provided for the project shall not exceed #ij percent of the total eligible project costs1 as determined by the ,secretary under subsection 7j74 7#d7 ,federal land management agencies ,notwithstanding any other provision of law1 any ,federal funds other than those made available under this title or title #di may be used to pay the non-,federal share of the cost of a project under the program by a ,federal land management agency1 as described in subsection 7d77#a77;,f74 7l7 ,,tifia program ,on the request of an eligible applicant under this section1 the ,secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide to the entity ,federal credit assistance under chapter #f with respect to the project for which the grant was awarded4 7m7 ,multiyear grant agreements 7#a7 ,in general ,an eligible project for which a grant is provided under subsection 7c77#d77;,b7 shall be carried out through a multiyear grant agreement in accordance with this subsection4 7#b7 ,requirements ,a multiyear grant agreement for a project shall-- 7,a7 establish the terms of participation by the ,federal ,government in the project2 7,b7 establish the maximum amount of ,federal financial assistance for the project2 7,c7 determine the period of time for completing the project1 even if that period extends beyond the period of an authorization2 and 7,d7 consistent with all applicable ,federal laws 7including regulations71 attempt to improve timely and efficient management of the project4 7#c7 ,special financial rules 7,a7 ,in general ,a multiyear grant agreement under this subsection-- 7i7 shall obligate an amount of available budget authority specified in law2 and 7ii7 may include a commitment1 contingent on amounts to be specified in law in advance for commitments under this paragraph1 to obligate an additional amount from future available budget authority specified in law4 7,b7 ,statement of contingent commitment ,the agreement shall state that the contingent commitment is not an obligation of the ,federal ,government4 7,c7 ,interest and other financing costs 7i7 ,in general ,interest and other financing costs of efficiently carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement1 except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing4 7ii7 ,certification ,the applicant shall certify to the ,secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms4 7n7 ,early systems work agreements 7#a7 ,in general ,in order to expedite a project under this section1 to the maximum extent practicable1 the ,secretary shall enter into one or more early systems work agreements4 7#b7 ,conditions ,the ,secretary may enter into an early systems work agreement with an applicant if-- 7,a7 a record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 has been issued on the project2 and 7,b7 the project has entered the post-evaluation and final development phase under subsection 7f77#b74 7#c7 ,contents 7,a7 ,in general ,an early systems work agreement under this subsection shall-- 7i7 obligate to the applicant budget authority available under this title2 and 7ii7 provide for reimbursement of preliminary costs of carrying out the project1 including the cost of-- 7,i7 land acquisition2 7,,ii7 timely procurement of system elements for which specifications are decided2 and 7,,iii7 other activities the ,secretary determines to be appropriate to make efficient1 long-term project management easier4 7,b7 ,credit ,an early systems work agreement may provide that on execution of a grant agreement under this section1 budget authority available under this section may be credited to the applicant to reimburse budget authority obligated under the early systems work agreement if the early systems work agreement does not alter the financing plan the applicant submitted to ,secretary for the project to be evaluated under subsection 7g7 or 7h71 as applicable4 7,c7 ,interest and other financing costs 7i7 ,in general ,interest and other financing costs of efficiently carrying out the early systems work agreement within a reasonable time shall be considered a cost of carrying out the agreement1 except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing4 7ii7 ,certification ,to be eligible to enter into an agreement under this subsection1 the applicant shall certify to the ,secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms4 7,d7 ,failure to carry out project ,if an applicant does not carry out the project for reasons within the control of the applicant1 the applicant shall repay all ,federal grant funds awarded for the project from all ,federal funding sources1 for all project activities1 facilities1 and equipment1 plus reasonable interest and penalty charges allowable by law or established by the ,secretary in the early systems work agreement4 7o7 ,undertaking parts of projects in advance under letters of no prejudice 7#a7 ,in general ,the ,secretary may pay to an applicant all eligible project costs under the program1 including costs for an eligible project incurred prior to the date on which the project receives funding under the program if-- 7,a7 before the applicant carries out the applicable portion of the eligible project1 the ,secretary approves through a letter to the applicant the plans and specifications for the applicable part of the eligible project in the same manner as the ,secretary approves plans and specifications for other projects under the program2 and 7,b7 the portion of the eligible project is carried out without ,federal assistance and in accordance with all applicable procedures and requirements4 7#b7 ,interest and other financing costs 7,a7 ,in general ,for purposes of paragraph 7#a71 the cost of carrying out part of an eligible project includes the amount of interest and other financing costs1 including any interest earned and payable on bonds1 to the extent interest and other financing costs are expended in carrying out the part of the eligible project1 except that interest and other financing costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing4 7,b7 ,certification ,the applicant shall certify to the ,secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under subparagraph 7,a74 7#c7 ,no obligation or influence on recommendations ,an approval by the ,secretary under paragraph 7#a77;,a7 shall not-- 7,a7 constitute an obligation of the ,federal ,government2 or 7,b7 alter or influence any evaluation under subsection 7g7 or 7h7 or any recommendation by the ,secretary for funding under the program4 7p7 ,congressional notification ,not later than #cj days before making a grant for a project under the program1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a written notification of the proposed grant that includes-- 7#a7 an evaluation and justification for the project2 and 7#b7 the amount of the proposed grant4 7q7 ,reports 7#a7 ,annual report ,not later than ,september #cj of each fiscal year1 the ,secretary shall make available on the website of the ,department of ,transportation an annual report that lists each project for which a grant has been provided under the program during the fiscal year4 7#b7 ,,gao assessment and report 7,a7 ,assessment ,not later than #a year after the date of enactment of the ,bridge ,investment ,act1 the ,comptroller ,general of the ,united ,states shall conduct an assessment of the administrative establishment1 solicitation1 selection1 and justification process with respect to the funding of grants under the program4 7,b7 ,report ,not later than #a year after the date on which a grant is first awarded under the program1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that describes-- 7i7 the adequacy and fairness of the process under which each project that received a grant under the program was selected2 and 7ii7 the justification and criteria used for the selection of each project4 7r7 ,policy guidance and rules 7#a7 ,policy guidance ,the ,secretary shall issue policy guidance regarding the review and evaluation process and criteria under subsections 7f71 7g71 and 7h71 as applicable-- 7,a7 not later than #ahj days after the date of enactment of the ,bridge ,investment ,act2 and 7,b7 each time the ,secretary makes significant changes to the process and criteria1 but not less frequently than once every #b years4 7#b7 ,rulemaking ,not later than #a year after the date of enactment of the ,bridge ,investment ,act1 the ,secretary shall issue regulations establishing an evaluation and rating process for-- 7,a7 large projects under subsection 7g72 and 7,b7 medium or small projects and programs of medium or small projects under subsection 7h74 7s7 ,maintenance of effort and treatment of projects 7#a7 ,maintenance of effort 7,a7 ,in general ,for each grant awarded to a project under this section1 not later than #cj days after the date on which the grant is awarded1 the ,governor of the ,state in which the project is located shall submit to the ,secretary-- 7i7 a certification that the ,state will maintain effort with regard to ,state funding for the repair and maintenance of transportation facilities eligible for assistance under this title2 and 7ii7 as part of the certification1 a statement that identifies the amount of funds the ,state planned to expend from ,state sources for the fiscal year preceding the year in which a grant is distributed4 7,b7 ,prohibition on additional obligation authority ,if a ,state is unable to maintain the level of effort certified under subparagraph 7,a71 the ,secretary shall not redistribute additional obligation authority under section #aajb of the ,,fast ,act 7#bc ,u4,s4,c4 #ajd note2 ,public ,law #aad-id7 to the ,state for the next fiscal year4 7,c7 ,certain crossings 7i7 ,interstate crossings ,for purposes of subparagraph 7,a71 in the case of a project that involves an interstate crossing-- 7,i7 the ,governors of each ,state in which the project is located shall determine the amount that shall be attributable to each ,state from the amount that is distributed to a project under this section2 and 7,,ii7 if the ,governors do not make the determination under subclause 7,i7 by the date that is #cj days after the date on which a grant is awarded1 the ,secretary shall make the determination4 7ii7 ,international crossings ,for purposes of subparagraph 7,a71 in the case of a project that involves an international crossing1 the ,secretary shall determine the amount that shall be attributable to the ,state in which the crossing originates4 7#b7 ,treatment of projects ,notwithstanding any other provision of law1 a project under this section shall be treated as a highway project on a ,federal-aid highway under this chapter4 7t7 ,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 #g1ejj1jjj1jjj for each of fiscal years #bjah through #bjbg4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #abc the following3 #abd4 ,bridge investment program4 4