,,ii #aafth ,,congress #ast ,session ,s4 #bcjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjai ,mr4 ,barrasso 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 title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,america's ,transportation ,infrastructure ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,effective date4 ,,title ,i--,federal-aid highways ,subtitle ,a--,authorizations and programs ,sec4 #aaja4 ,authorization of appropriations4 ,sec4 #aajb4 ,obligation ceiling4 ,sec4 #aajc4 ,definitions4 ,sec4 #aajd4 ,apportionment4 ,sec4 #aaje4 ,national highway performance program4 ,sec4 #aajf4 ,emergency relief4 ,sec4 #aajg4 ,federal share payable4 ,sec4 #aajh4 ,railway-highway grade crossings4 ,sec4 #aaji4 ,surface transportation block grant program4 ,sec4 #aaaj4 ,nationally significant freight and highway projects4 ,sec4 #aaaa4 ,highway safety improvement program4 ,sec4 #aaab4 ,federal lands transportation program4 ,sec4 #aaac4 ,federal lands access program4 ,sec4 #aaad4 ,national highway freight program4 ,sec4 #aaae4 ,congestion mitigation and air quality improvement program4 ,sec4 #aaaf4 ,national scenic byways program4 ,sec4 #aaag4 ,alaska ,highway4 ,sec4 #aaah4 ,toll roads1 bridges1 tunnels1 and ferries4 ,sec4 #aaai4 ,bridge investment program4 ,sec4 #aabj4 ,safe routes to school program4 ,sec4 #aaba4 ,highway use tax evasion projects4 ,sec4 #aabb4 ,construction of ferry boats and ferry terminal facilities4 ,sec4 #aabc4 ,balance exchanges for infrastructure program4 ,sec4 #aabd4 ,safety incentive programs4 ,sec4 #aabe4 ,wildlife crossing safety4 ,sec4 #aabf4 ,consolidation of programs4 ,sec4 #aabg4 ,state freight advisory committees4 ,sec4 #aabh4 ,territorial and ,puerto ,rico highway program4 ,subtitle ,b--,planning and performance management ,sec4 #abja4 ,transportation planning4 ,sec4 #abjb4 ,fiscal constraint on long-range transportation plans4 ,sec4 #abjc4 ,state human capital plans4 ,sec4 #abjd4 ,accessibility data pilot program4 ,sec4 #abje4 ,prioritization process pilot program4 ,sec4 #abjf4 ,exemptions for low population density ,states4 ,sec4 #abjg4 ,travel demand data and modeling4 ,sec4 #abjh4 ,increasing safe and accessible transportation options4,subtitle ,c--,project delivery and process improvement ,sec4 #acja4 ,efficient environmental reviews for project decisionmaking and ,one ,federal ,decision4 ,sec4 #acjb4 ,work zone process reviews4 ,sec4 #acjc4 ,transportation management plans4 ,sec4 #acjd4 ,intelligent transportation systems4 ,sec4 #acje4 ,alternative contracting methods4 ,sec4 #acjf4 ,flexibility for projects4 ,sec4 #acjg4 ,improved ,federal-,state stewardship and oversight agreements4 ,sec4 #acjh4 ,geomatic data4 ,sec4 #acji4 ,evaluation of projects within an operational right-of-way4 ,sec4 #acaj4 ,department of ,transportation reports4 ,subtitle ,d--,climate change ,sec4 #adja4 ,grants for charging and fueling infrastructure to modernize and reconnect ,america for the #bast century4 ,sec4 #adjb4 ,reduction of truck emissions at port facilities4 ,sec4 #adjc4 ,carbon reduction incentive programs4 ,sec4 #adjd4 ,congestion relief program4 ,sec4 #adje4 ,freight plans4 ,sec4 #adjf4 ,utilizing significant emissions with innovative technologies4 ,sec4 #adjg4 ,promoting ,resilient ,operations for ,transformative1 ,efficient1 and ,cost-saving ,transportation 7,,protect7 grant program4 ,sec4 #adjh4 ,diesel emissions reduction4 ,subtitle ,e--,miscellaneous ,sec4 #aeja4 ,additional deposits into ,highway ,trust ,fund4 ,sec4 #aejb4 ,stopping threats on pedestrians4 ,sec4 #aejc4 ,transfer and sale of toll credits4 ,sec4 #aejd4 ,forest ,service ,legacy ,roads and ,trails ,remediation ,program4 ,sec4 #aeje4 ,disaster relief mobilization pilot program4 ,sec4 #aejf4 ,appalachian regional development4 ,sec4 #aejg4 ,requirements for transportation projects carried out through public-private partnerships4 ,sec4 #aejh4 ,community connectivity pilot program4 ,sec4 #aeji4 ,repeal of rescission4 ,sec4 #aeaj4 ,federal interagency working group for conversion of ,federal fleet to hybrid-electric vehicles1 electric vehicles1 and alternative fueled vehicles4 ,sec4 #aeaa4 ,cybersecurity tool2 cyber coordinator4 ,sec4 #aeab4 ,study on most effective upgrades to roadway infrastructure4 ,sec4 #aeac4 ,study on vehicle-to-infrastructure communication technology4 ,sec4 #aead4 ,nonhighway recreational fuel study4 ,sec4 #aeae4 ,buy ,america4 ,sec4 #aeaf4 ,report on data-driven infrastructure traffic safety improvements4 ,sec4 #aeag4 ,high priority corridors on the ,national ,highway ,system4 ,sec4 #aeah4 ,interstate weight limits4 ,sec4 #aeai4 ,interstate exemption4 ,sec4 #aebj4 ,report on air quality improvements4 ,sec4 #aeba4 ,roadside highway safety hardware4 ,sec4 #aebb4 ,permeable pavements study4 ,sec4 #aebc4 ,emergency relief projects4 ,sec4 #aebd4 ,certain gathering lines located on ,federal land and ,indian land4 ,sec4 #aebe4 ,technical corrections4 ,,title ,,ii--,transportation infrastructure finance and innovation ,sec4 #bjja4 ,transportation ,infrastructure ,finance and ,innovation ,act of #aiih amendments4 ,,title ,,iii--,research1 technology1 and education ,sec4 #cjja4 ,surface transportation system funding alternatives4 ,sec4 #cjjb4 ,performance management data support program4 ,sec4 #cjjc4 ,data integration pilot program4 ,sec4 #cjjd4 ,emerging technology research pilot program4 ,sec4 #cjje4 ,research and technology development and deployment4 ,sec4 #cjjf4 ,workforce development1 training1 and education4 ,sec4 #cjjg4 ,wildlife-vehicle collision research4 #b4 ,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 #c4 ,effective date ,this ,act and the amendments made by this ,act take effect on ,october #a1 #bjbj4 ,i ,federal-aid highways ,a ,authorizations and programs #aaja4 ,authorization of appropriations 7a7 ,in general ,the following amounts 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 block grant 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 highway freight program under section #afg of that title1 and to carry out section #acd of that title-- 7,a7 #dg1hee1gdi1jjj for fiscal year #bjba2 7,b7 #dh1hbi1bdh1jjj for fiscal year #bjbb2 7,c7 #di1hdi1ddc1jjj for fiscal year #bjbc2 7,d7 #ej1iad1cjb1jjj for fiscal year #bjbd2 and 7,e7 #ea1igi1afb1jjj for fiscal year #bjbe4 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 #cjj1jjj1jjj for each of fiscal years #bjba through #bjbe4 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 #efe1jjj1jjj for fiscal year #bjba2 7ii7 #ehj1jjj1jjj for fiscal year #bjbb2 7iii7 #eie1jjj1jjj for fiscal year #bjbc2 7iv7 #faj1jjj1jjj for fiscal year #bjbd2 and 7v7 #fbe1jjj1jjj for fiscal year #bjbe4 7,b7 ,federal lands transportation program 7i7 ,in general ,for the ,federal lands transportation program under section #bjc of title #bc1 ,united ,states ,code-- 7,i7 #dac1jjj1jjj for fiscal year #bjba2 7,,ii7 #dbc1jjj1jjj for fiscal year #bjbb2 7,,iii7 #dcc1jjj1jjj for fiscal year #bjbc2 7,,iv7 #ddc1jjj1jjj for fiscal year #bjbd2 and 7,v7 #dec1jjj1jjj for fiscal year #bjbe4 7ii7 ,allocation ,of the amount made available for a fiscal year under clause 7i7-- 7,i7 the amount for the ,national ,park ,service is-- 7aa7 #ccj1jjj1jjj for fiscal year #bjba2 7bb7 #cch1jjj1jjj for fiscal year #bjbb2 7cc7 #cdf1jjj1jjj for fiscal year #bjbc2 7dd7 #ced1jjj1jjj for fiscal year #bjbd2 and 7ee7 #cfb1jjj1jjj for fiscal year #bjbe2 7,,ii7 the amount for the ,united ,states ,fish and ,wildlife ,service is #cc1jjj1jjj for each of fiscal years #bjba through #bjbe2 and 7,,iii7 the amount for the ,forest ,service is-- 7aa7 #bb1jjj1jjj for fiscal year #bjba2 7bb7 #bc1jjj1jjj for fiscal year #bjbb2 7cc7 #bd1jjj1jjj for fiscal year #bjbc2 7dd7 #be1jjj1jjj for fiscal year #bjbd2 and 7ee7 #bf1jjj1jjj for fiscal year #bjbe4 7,c7 ,federal lands access program ,for the ,federal lands access program under section #bjd of title #bc1 ,united ,states ,code-- 7i7 #bhj1jjj1jjj for fiscal year #bjba2 7ii7 #bhe1jjj1jjj for fiscal year #bjbb2 7iii7 #bij1jjj1jjj for fiscal year #bjbc2 7iv7 #bie1jjj1jjj for fiscal year #bjbd2 and 7v7 #cjj1jjj1jjj for fiscal year #bjbe4 7#d7 ,territorial and puerto rico highway program ,for the territorial and ,puerto ,rico highway program under section #afe of title #bc1 ,united ,states ,code-- 7,a7 #bjd1ejj1jjj for fiscal year #bjba2 7,b7 #bjh1jjj1jjj for fiscal year #bjbb2 7,c7 #bab1jjj1jjj for fiscal year #bjbc2 7,d7 #baf1jjj1jjj for fiscal year #bjbd2 and 7,e7 #bba1ejj1jjj for fiscal year #bjbe4 7#e7 ,nationally significant freight and highway projects ,for nationally significant freight and highway projects under section #aag of title #bc1 ,united ,states ,code-- 7,a7 #a1jej1jjj1jjj for fiscal year #bjba2 7,b7 #a1jge1jjj1jjj for fiscal year #bjbb2 7,c7 #a1ajj1jjj1jjj for fiscal year #bjbc2 7,d7 #a1abe1jjj1jjj for fiscal year #bjbd2 and 7,e7 #a1aej1jjj1jjj for fiscal year #bjbe4 7b7 ,other programs 7#a7 ,in general ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7,a7 ,bridge investment program ,to carry out the bridge investment program under section #abd of title #bc1 ,united ,states ,code-- 7i7 #fjj1jjj1jjj for fiscal year #bjba2 7ii7 #fdj1jjj1jjj for fiscal year #bjbb2 7iii7 #fej1jjj1jjj for fiscal year #bjbc2 7iv7 #fge1jjj1jjj for fiscal year #bjbd2 and 7v7 #gjj1jjj1jjj for fiscal year #bjbe4 7,b7 ,congestion relief program ,to carry out the congestion relief program under section #abi7;d7 of title #bc1 ,united ,states ,code1 #dj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7,c7 ,charging and fueling infrastructure grants ,to carry out section #aea7;f7 of title #bc1 ,united ,states ,code-- 7i7 #ajj1jjj1jjj for fiscal year #bjba2 7ii7 #ajj1jjj1jjj for fiscal year #bjbb2 7iii7 #bjj1jjj1jjj for fiscal year #bjbc2 7iv7 #cjj1jjj1jjj for fiscal year #bjbd2 and 7v7 #cjj1jjj1jjj for fiscal year #bjbe4 7,d7 ,formula safety incentive program ,to carry out the formula safety incentive program under section #agb of title #bc1 ,united ,states ,code1 #ejj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7,e7 ,fatality reduction performance program ,to carry out the fatality reduction performance program under section #agc of title #bc1 ,united ,states ,code1 #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7,f7 ,formula carbon reduction incentive program ,to carry out the formula carbon reduction incentive program under section #agg of title #bc1 ,united ,states ,code1 #fjj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7,g7 ,carbon reduction performance program ,to carry out the carbon reduction performance program under section #agh of title #bc1 ,united ,states ,code1 #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7,h7 ,,protect grants ,to carry out the ,,protect grant program under section #agi of title #bc1 ,united ,states ,code1 for each of fiscal years #bjba through #bjbe-- 7i7 #ghf1jjj1jjj for formula awards to ,states under subsection 7c7 of that section2 and 7ii7 #bjj1jjj1jjj for competitive grants under subsection 7d7 of that section1 of which not less than #bj1jjj1jjj shall be for planning grants under paragraph 7#c7 of that subsection4 7,i7 ,reduction of truck emissions at port facilities 7i7 ,in general ,to carry out the reduction of truck emissions at port facilities under section #adjb-- 7,i7 #fj1jjj1jjj for fiscal year #bjba2 7,,ii7 #gj1jjj1jjj for fiscal year #bjbb2 7,,iii7 #gj1jjj1jjj for fiscal year #bjbc2 7,,iv7 #hj1jjj1jjj for fiscal year #bjbd2 and 7,v7 #ij1jjj1jjj for fiscal year #bjbe4 7ii7 ,treatment ,amounts made available under clause 7i7 shall be available for obligation in the same manner as if those amounts were apportioned under chapter #a of title #bc1 ,united ,states ,code4 7,j7 ,nationally significant ,federal lands and ,tribal projects 7i7 ,in general ,to carry out the nationally significant ,federal lands and tribal projects program under section #aabc of the ,,fast ,act 7#bc ,u4,s4,c4 #bja note2 ,public ,law #aad-id71 #ej1jjj1jjj for each of fiscal years #bjba through #bjbe4 7ii7 ,treatment ,amounts made available under clause 7i7 shall be available for obligation in the same manner as if those amounts were apportioned under chapter #a of title #bc1 ,united ,states ,code4 7#b7 ,general fund 7,a7 ,bridge investment program 7i7 ,in general ,in addition to amounts made available under paragraph 7#a77;,a71 there are authorized to be appropriated to carry out the bridge investment program under section #abd of title #bc1 ,united ,states ,code-- 7,i7 #fjj1jjj1jjj for fiscal year #bjba2 7,,ii7 #fdj1jjj1jjj for fiscal year #bjbb2 7,,iii7 #fej1jjj1jjj for fiscal year #bjbc2 7,,iv7 #fge1jjj1jjj for fiscal year #bjbd2 and 7,v7 #gjj1jjj1jjj for fiscal year #bjbe4 7ii7 ,allocation ,amounts made available under clause 7i7 shall be allocated in the same manner as if made available under paragraph 7#a77;,a74 7,b7 ,nationally significant ,federal lands and ,tribal projects program 7i7 ,in general ,in addition to amounts made available under paragraph 7#a77;,j71 there is authorized to be appropriated to carry out section #aabc of the ,,fast ,act 7#bc ,u4,s4,c4 #bja note2 ,public ,law #aad-id7 #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available for a period of #c fiscal years following the fiscal year for which the amounts are appropriated4 7ii7 ,conforming amendment ,section #aabc of the ,,fast ,act 7#bc ,u4,s4,c4 #bja note2 ,public ,law #aad-id7 is amended by striking subsection 7h74 7c7 ,research1 technology1 and education authorizations 7#a7 ,in general ,the following amounts 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 section #ejc7;b7 of title #bc1 ,united ,states ,code1 #aec1dca1cgh for each of fiscal years #bjba through #bjbe4 7,b7 ,technology and innovation deployment program ,to carry out section #ejc7;c7 of title #bc1 ,united ,states ,code1 #ace1jjj1jjj for each of fiscal years #bjba through #bjbe4 7,c7 ,training and education ,to carry out section #ejd of title #bc1 ,united ,states ,code-- 7i7 #be1jjj1jjj for fiscal year #bjba2 7ii7 #bf1jjj1jjj for fiscal year #bjbb2 7iii7 #bg1jjj1jjj for fiscal year #bjbc2 7iv7 #bg1jjj1jjj for fiscal year #bjbd2 and 7v7 #bg1jjj1jjj for fiscal year #bjbe4 7,d7 ,intelligent transportation systems program ,to carry out sections #eab through #eah of title #bc1 ,united ,states ,code1 #aaj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7,e7 ,university transportation centers program ,to carry out section #eeje of title #di1 ,united ,states ,code-- 7i7 #hb1ejj1jjj for fiscal year #bjba2 7ii7 #hd1jjj1jjj for fiscal year #bjbb2 7iii7 #he1ejj1jjj for fiscal year #bjbc2 7iv7 #hg1jjj1jjj for fiscal year #bjbd2 and 7v7 #hh1ejj1jjj for fiscal year #bjbe4 7,f7 ,bureau of transportation statistics ,to carry out chapter #fc of title #di1 ,united ,states ,code1 #bf1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,administration ,the ,federal ,highway ,administration shall-- 7,a7 administer the programs described in subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#a72 and 7,b7 in consultation with relevant modal administrations1 administer the programs described in paragraph 7#a77;,d74 7#c7 ,applicability of title #bc1 ,united ,states ,code ,amounts 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 ,code1 except that the ,federal share of the cost of a project or activity carried out using those funds shall be #hj percent1 unless otherwise expressly provided by this ,act 7including the amendments by this ,act7 or otherwise determined by the ,secretary2 and 7,b7 remain available until expended and not be transferable1 except as otherwise provided by this ,act4 7d7 ,pilot programs ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,wildlife crossings pilot program ,for the wildlife crossings pilot program under section #agd of title #bc1 ,united ,states ,code-- 7,a7 #ee1jjj1jjj for fiscal year #bjba2 7,b7 #fj1jjj1jjj for fiscal year #bjbb2 7,c7 #de1jjj1jjj for fiscal year #bjbc2 7,d7 #de1jjj1jjj for fiscal year #bjbd2 and 7,e7 #de1jjj1jjj for fiscal year #bjbe4 7#b7 ,prioritization process pilot program 7,a7 ,in general ,for the prioritization process pilot program under section #abje1 #aj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7,b7 ,treatment ,amounts made available under subparagraph 7,a7 shall be available for obligation in the same manner as if those amounts were apportioned under chapter #a of title #bc1 ,united ,states ,code4 7#c7 ,disaster relief mobilization pilot program 7,a7 ,in general ,for the disaster relief mobilization pilot program under section #aeje1 #a1jjj1jjj for each of fiscal years #bjba through #bjbe4 7,b7 ,treatment ,amounts made available under subparagraph 7,a7 shall be available for obligation in the same manner as if those amounts were apportioned under chapter #a of title #bc1 ,united ,states ,code1 except that those amounts shall remain available until expended4 7#d7 ,community connectivity pilot program 7,a7 ,planning grants ,for planning grants under the community connectivity pilot program under section #aejh7;c7-- 7i7 #bj1jjj1jjj for fiscal year #bjba2 7ii7 #ae1jjj1jjj for fiscal year #bjbb2 7iii7 #aj1jjj1jjj for fiscal year #bjbc2 7iv7 #b1ejj1jjj for fiscal year #bjbd2 and 7v7 #b1ejj1jjj for fiscal year #bjbe4 7,b7 ,capital construction grants ,for capital construction grants under the community connectivity pilot program under section #aejh7;d71 #ad1jjj1jjj for each of fiscal years #bjba through #bjbe4 7,c7 ,treatment ,amounts made available under subparagraph 7,a7 or 7,b7 shall be available for obligation in the same manner as if those amounts were apportioned under chapter #a of title #bc1 ,united ,states ,code1 except that those amounts shall remain available until expended4 7#e7 ,open challenge and research initiative pilot program 7,a7 ,in general ,for the open challenge and research proposal pilot program under section #cjje7;e71 #ae1jjj1jjj for each of fiscal years #bjba through #bjbe4 7,b7 ,treatment ,amounts made available under subparagraph 7,a7 shall be available for obligation and administered as if apportioned under chapter #a of title #bc1 ,united ,states ,code4 7e7 ,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 subsection3 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 #be1gij1jjj1 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 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#c7 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 this ,act and section #djc of title #bc1 ,united ,states ,code1 if the entity or person is prevented1 in whole or in part1 from complying with paragraph 7#c7 because a ,federal court issues a final order in which the court finds that a requirement or the implementation of paragraph 7#c7 is unconstitutional4 7#h7 ,sense of congress on prompt payment of ,,dbe subcontractors ,it is the sense of ,congress that-- 7,a7 the ,secretary should take additional steps to ensure that recipients comply with section #bf4bi of title #di1 ,code of ,federal ,regulations 7the disadvantaged business enterprises prompt payment rule71 or any corresponding regulation1 in awarding federally funded transportation contracts under laws and regulations administered by the ,secretary2 and 7,b7 such additional steps should include increasing the ability of the ,department to track and keep records of complaints and to make that information publicly available4 #aajb4 ,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 #ed1chh1dfb1cgh for fiscal year #bjba2 7#b7 #ee1dhc1ddg1cgh for fiscal year #bjbb2 7#c7 #ef1fff1jhb1cgh for fiscal year #bjbc2 7#d7 #eg1icj1cag1cgh for fiscal year #bjbd2 and 7#e7 #ei1ajc1eeb1cgh for fiscal year #bjbe4 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 ,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#aj7 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#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 7#ac7 section #aai of title #bc1 ,united ,states ,code 7as in effect for fiscal years #bjaf through #bjbj1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 and 7#ad7 section #aai of title #bc1 ,united ,states ,code 7but1 for fiscal years #bjba through #bjbe1 only in an amount equal to #fci1jjj1jjj for each of those fiscal years74 7c7 ,distribution of obligation authority ,for each of fiscal years #bjba through #bjbe1 the ,secretary-- 7#a7 shall 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 shall 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 shall determine the proportion that-- 7,a7 the obligation authority provided by subsection 7a7 for the fiscal year1 less the aggregate of amounts not distributed under paragraphs 7#a7 and 7#b7 of this subsection2 bears to 7,b7 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#ac7 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#ad7 for the fiscal year71 less the aggregate of the amounts not distributed under paragraphs 7#a7 and 7#b7 of this subsection2 7#d7 shall distribute the obligation authority provided by subsection 7a71 less the aggregate amounts 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 sections #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 shall distribute the obligation authority provided by subsection 7a71 less the aggregate amounts 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 in section #aai of title #bc1 ,united ,states ,code1 that are exempt from the limitation under subsection 7b77#ad7 and the amounts apportioned under sections #bjb and #bjd of that title7 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 #bjba through #bjbe-- 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,public ,law #aab-ada2 #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 #bjba through #bjbe1 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 #aajc4 ,definitions ,section #aja7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a71 by inserting assessing resilience1 after surveying12 7,b7 in subparagraph 7,g71 by striking and at the end2 7,c7 by redesignating subparagraph 7,h7 as subparagraph 7,i72 and 7,d7 by inserting after subparagraph 7,g7 the following3 7,h7 improvements that reduce the number of wildlife-vehicle collisions1 such as wildlife crossing structures2 and 2 7#b7 by redesignating paragraphs 7#ag7 through 7#cd7 as paragraphs 7#ah71 7#ai71 7#bj71 7#ba71 7#bb71 7#bc71 7#be71 7#bf71 7#bg71 7#bh71 7#bi71 7#cj71 7#ca71 7#cb71 7#cc71 7#cd71 7#ce71 and 7#cf71 respectively2 7#c7 by inserting after paragraph 7#af7 the following3 7#ag7 ,natural infrastructure ,the term natural infrastructure means infrastructure that uses1 restores1 or emulates natural ecological processes and-- 7,a7 is created through the action of natural physical1 geological1 biological1 and chemical processes over time2 7,b7 is created by human design1 engineering1 and construction to emulate or act in concert with natural processes2 or 7,c7 involves the use of plants1 soils1 and other natural features1 including through the creation1 restoration1 or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff1 to attenuate flooding and storm surges1 and for other related purposes4 2 7#d7 by inserting after paragraph 7#bc7 7as so redesignated7 the following3 7#bd7 ,resilience ,the term resilience1 with respect to a project1 means a project with the ability to anticipate1 prepare for1 or adapt to conditions or withstand1 respond to1 or recover rapidly from disruptions1 including the ability-- 7,a7 7i7 to resist hazards or withstand impacts from weather events and natural disasters2 or 7ii7 to reduce the magnitude1 duration1 or impact of a disruptive weather event or natural disaster to a project2 and 7,b7 to have the absorptive capacity1 adaptive capacity1 and recoverability to decrease project vulnerability to weather events or other natural disasters4 2 and 7#e7 in subparagraph 7,a7 of paragraph 7#cb7 7as so redesignated7-- 7,a7 by striking the period at the end and inserting 2 and2 7,b7 by striking through the implementation and inserting the following3 8through-- 7i7 the implementation 2 and 7,c7 by adding at the end the following3 7ii7 the consideration of incorporating natural infrastructure4 4 #aajd4 ,apportionment 7a7 ,administrative expenses ,section #ajd7;a7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,there are authorized to be appropriated from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 to be made available to the ,secretary for administrative expenses of the ,federal ,highway ,administration-- 7,a7 #dij1bhb1jjj for fiscal year #bjba2 7,b7 #dii1gfh1jjj for fiscal year #bjbb2 7,c7 #eji1gjh1jjj for fiscal year #bjbc2 7,d7 #ebj1jhd1jjj for fiscal year #bjbd2 and 7,e7 #ecj1dei1jjj for fiscal year #bjbe4 4 7b7 ,national highway freight program ,section #ajd7;b77#e7 of title #bc1 ,united ,states ,code1 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 ,total amount ,the total amount set aside for the national highway freight program for all ,states shall be-- 7i7 #a1fbe1jjj1jjj for fiscal year #bjba2 7ii7 #a1ffj1jjj1jjj for fiscal year #bjbb2 7iii7 #a1gjj1jjj1jjj for fiscal year #bjbc2 7iv7 #a1gdj1jjj1jjj for fiscal year #bjbd2 and 7v7 #a1gge1jjj1jjj for fiscal year #bjbe4 4 7c7 ,calculation of amounts ,section #ajd7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking each of fiscal years #bjaf through #bjbj and inserting fiscal year #bjba and each fiscal year thereafter2 7,b7 in subparagraph 7,a77ii77,i71 by striking fiscal year #bjae and inserting fiscal year #bjbj2 and 7,c7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,guaranteed amounts ,the initial amounts resulting from the calculation under subparagraph 7,a7 shall be adjusted to ensure that each ,state receives an aggregate apportionment that is-- 7i7 equal to at least #ie percent of the estimated tax payments paid into the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 in the most recent fiscal year for which data are available that are-- 7,i7 attributable to highway users in the ,state2 and 7,,ii7 associated with taxes in effect on ,july #a1 #bjai1 and only up to the rate those taxes were in effect on that date2 7ii7 at least #b percent greater than the apportionment that the ,state received for fiscal year #bjbj2 and 7iii7 at least #a percent greater than the apportionment that the ,state received for the previous fiscal year4 2 and 7#b7 in paragraph 7#b71 by striking fiscal years #bjaf through #bjbj and inserting fiscal year #bjba and each fiscal year thereafter4 7d7 ,supplemental funds ,section #ajd7;h7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,amount ,before making an apportionment for a fiscal year under subsection 7c71 the ,secretary shall reserve for the national highway performance program under section #aai for that fiscal year an amount equal to-- 7i7 #a1afj1jjj1jjj for fiscal year #bjba2 7ii7 #a1ahd1jjj1jjj for fiscal year #bjbb2 7iii7 #a1bjh1jjj1jjj for fiscal year #bjbc2 7iv7 #a1bcc1jjj1jjj for fiscal year #bjbd2 and 7v7 #a1bei1jjj1jjj for fiscal year #bjbe4 2 and 7#b7 in paragraph 7#b71 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,amount ,before making an apportionment for a fiscal year under subsection 7c71 the ,secretary shall reserve for the surface transportation block grant program under section #acc for that fiscal year1 pursuant to section #acc7;h7-- 7i7 #a1bjj1jjj1jjj for fiscal year #bjba2 7ii7 #a1bbd1jjj1jjj for fiscal year #bjbb2 7iii7 #a1bdh1jjj1jjj for fiscal year #bjbc2 7iv7 #a1bgc1jjj1jjj for fiscal year #bjbd2 and 7v7 #a1bii1jjj1jjj for fiscal year #bjbe4 4 #aaje4 ,national highway performance program ,section #aai of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 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 to provide support for measures to increase the resiliency of ,federal-aid highways and bridges on and off the ,national ,highway ,system to mitigate the impacts of sea level rise1 extreme weather events1 flooding1 or other natural disasters4 2 and 7#b7 by adding at the end the following3 7k7 ,protective features 7#a7 ,in general ,a ,state may use not more than #ae percent of the funds apportioned to the ,state under section #ajd7;b77#a7 for each fiscal year for #a or more protective features on a ,federal-aid highway or bridge off the ,national ,highway ,system1 if the protective feature is designed to mitigate the risk of recurring damage1 or the cost of future repairs1 from extreme weather events1 flooding1 or other natural disasters4 7#b7 ,protective features described ,a protective feature referred to in paragraph 7#a7 may include-- 7,a7 raising roadway grades2 7,b7 relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas2 7,c7 stabilizing slide areas2 7,d7 stabilizing slopes2 7,e7 installing riprap2 7,f7 lengthening or raising bridges to increase waterway openings2 7,g7 deepening channels to prevent flooding2 7,h7 increasing the size or number of drainage structures2 7,i7 replacing culverts with bridges or upsizing culverts2 7,j7 repairing or maintaining tide gates2 7,k7 installing seismic retrofits on bridges2 7,l7 adding scour protection at bridges2 7,m7 adding scour1 stream stability1 coastal1 or other hydraulic countermeasures1 including spur dikes2 7,n7 the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events1 flooding1 or other natural disasters2 and 7,o7 any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather events1 flooding1 or other natural disasters1 as determined by the ,secretary4 7#c7 ,savings provision ,nothing in this subsection limits the ability of a ,state to carry out a project otherwise eligible under subsection 7d7 using funds apportioned under section #ajd7;b77#a74 4 #aajf4 ,emergency relief ,section #abe of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by inserting wildfire1 sea level rise1 after severe storm2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,restriction on eligibility ,funds under this section shall not be used for the repair or reconstruction of a bridge that has been permanently closed to all vehicular traffic by the ,federal1 ,state1 ,tribal1 or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration4 2 and 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#b77;,a7-- 7i7 by striking the period at the end and inserting 2 and2 7ii7 by striking a facility that meets the current and inserting the following3 a facility that-- 7i7 meets the current 2 and 7iii7 by adding at the end the following3 7ii7 incorporates economically justifiable improvements designed to mitigate the risk of recurring damage from extreme weather events1 flooding1 or other natural disasters4 2 7,b7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#d7 through 7#f71 respectively2 and 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 ,protective features 7,a7 ,in general ,the cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that is designed to mitigate the risk of recurring damage1 or the cost of future repair1 from extreme weather events1 flooding1 or other natural disasters4 7,b7 ,protective features described ,a protective feature referred to in subparagraph 7,a7 may include-- 7i7 raising roadway grades2 7ii7 relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas2 7iii7 stabilizing slide areas2 7iv7 stabilizing slopes2 7v7 installing riprap2 7vi7 lengthening or raising bridges to increase waterway openings2 7vii7 deepening channels to prevent flooding2 7viii7 increasing the size or number of drainage structures2 7ix7 replacing culverts with bridges or upsizing culverts2 7x7 repairing or maintaining tide gates2 7xi7 installing seismic retrofits on bridges2 7xii7 adding scour protection at bridges2 7xiii7 adding scour1 stream stability1 coastal1 and other hydraulic countermeasures1 including spur dikes2 7xiv7 the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events1 flooding1 or other natural disasters2 and 7xv7 any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather events1 flooding1 or other natural disasters1 as determined by the ,secretary4 4 #aajg4 ,federal share payable ,section #abj7;c7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,protective features 7,a7 ,in general ,notwithstanding any other provision of law1 the ,federal share payable for the cost of a protective feature on a ,federal-aid highway or bridge project under this title may be up to #ajj percent1 at the discretion of the ,state1 if the protective feature is an improvement designed to mitigate the risk of recurring damage1 or the cost of future repair1 from extreme weather events1 flooding1 or other natural disasters4 7,b7 ,protective features described ,a protective feature referred to in subparagraph 7,a7 may include-- 7i7 raising roadway grades2 7ii7 relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas2 7iii7 stabilizing slide areas2 7iv7 stabilizing slopes2 7v7 installing riprap2 7vi7 lengthening or raising bridges to increase waterway openings2 7vii7 deepening channels to prevent flooding2 7viii7 increasing the size or number of drainage structures2 7ix7 replacing culverts with bridges or upsizing culverts2 7x7 repairing or maintaining tide gates2 7xi7 installing seismic retrofits on bridges2 7xii7 adding scour protection at bridges2 7xiii7 adding scour1 stream stability1 coastal1 and other hydraulic countermeasures1 including spur dikes2 7xiv7 the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events1 flooding1 or other natural disasters2 and 7xv7 any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather events1 flooding1 or other natural disasters1 as determined by the ,secretary4 4 #aajh4 ,railway-highway grade crossings 7a7 ,in general ,section #acj7;e7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by striking protective devices and inserting railway-,highway grade crossings2 and 7#b7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking crossings in the matter preceding clause 7i7 and all that follows through #bjbj4 in clause 7v7 and inserting the following3 crossings and as described in subparagraph 7,b71 not less than #bde1jjj1jjj for each of fiscal years #bjba through #bjbe42 and 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,reducing trespassing fatalities and injuries ,a ,state may use funds set aside under subparagraph 7,a7 for projects to reduce pedestrian fatalities and injuries from trespassing at grade crossings4 4 7b7 ,federal share ,section #acj7;f77#c7 of title #bc1 ,united ,states ,code1 is amended by striking #ij percent and inserting #ajj percent4 7c7 ,,gao study ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that includes an analysis of the effectiveness of the railway-highway crossings program under section #acj of title #bc1 ,united ,states ,code4 7d7 ,sense of ,congress relating to trespasser deaths along railroad rights-of-,way ,it is the sense of ,congress that the ,department should1 where feasible1 coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings4 #aaji4 ,surface transportation block grant program 7a7 ,in general ,section #acc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b7-- 7,i7 by adding or at the end2 7,,ii7 by striking facilities eligible and inserting the following3 8facilities-- 7i7 that are eligible 2 and 7,,iii7 by adding at the end the following3 7ii7 that are privately or majority-privately owned1 but that the ,secretary determines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transportation system described in section #aja7;b77#c77;,d72 2 7ii7 in subparagraph 7,e71 by striking and at the end2 7iii7 in subparagraph 7,f71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,g7 wildlife crossing structures4 2 7,b7 in paragraph 7#c71 by inserting #adh7;a77#d77;,b77xvii71 after #aai7;g712 7,c7 by redesignating paragraphs 7#d7 through 7#ae7 as paragraphs 7#e71 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 7#ae71 7#af71 and 7#ag71 respectively2 7,d7 by inserting after paragraph 7#c7 the following3 7#d7 ,projects that use natural infrastructure alone or in combination with other eligible projects to enhance resilience of a transportation facility otherwise eligible for assistance under this section4 2 7,e7 by inserting after paragraph 7#ac7 7as so redesignated7 the following3 7#ad7 ,projects and strategies designed to reduce the number of wildlife-vehicle collisions1 including project-related planning1 design1 construction1 monitoring1 and preventative maintenance4 2 and 7,f7 by adding at the end the following3 7#ah7 ,rural barge landing1 dock1 and waterfront infrastructure projects in accordance with subsection 7j74 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking paragraphs 7#d7 through 7#aa7 and inserting paragraphs 7#e7 through 7#ab7 and paragraph 7#ah72 7,b7 in paragraph 7#c71 by striking and at the end2 7,c7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7,d7 by inserting after paragraph 7#c7 the following3 7#d7 for a bridge project for the replacement of a low water crossing 7as defined by the ,secretary7 with a bridge2 and 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a71 in the matter preceding clause 7i71 by striking the percentage specified in paragraph 7#f7 for a fiscal year and inserting #ee percent for each of fiscal years #bjba through #bjbe2 and 7,b7 by striking paragraph 7#f72 7#d7 in subsection 7e77#a71 in the matter preceding subparagraph 7,a71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjba through #bjbe2 7#e7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting or low water crossing 7as defined by the ,secretary7 after a highway bridge2 and 7ii7 by inserting or low water crossing 7as defined by the ,secretary7 after other than a bridge2 7,b7 in paragraph 7#b77;,a71 by striking activities described in subsection 7b77#b7 for off-system bridges and inserting activities described in paragraphs 7#a77;,a7 and 7#aj7 of subsection 7b7 for off-system bridges1 projects and activities described in subsection 7b77#a77;,a7 for the replacement of low water crossings with bridges1 and projects and activities described in subsection 7b77#aj7 for low water crossings 7as defined by the ,secretary712 and 7,c7 in paragraph 7#c71 in the matter preceding subparagraph 7,a7-- 7i7 by striking bridge or rehabilitation of a bridge and inserting bridge1 rehabilitation of a bridge1 or replacement of a low water crossing 7as defined by the ,secretary7 with a bridge2 and 7ii7 by inserting or1 in the case of a replacement of a low water crossing with a bridge1 is determined by the ,secretary on completion to have improved the safety of the location after no longer a deficient bridge2 7#f7 in subsection 7g77#a71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjba through #bjbe2 and 7#g7 by adding at the end the following3 7j7 ,rural barge landing1 dock1 and waterfront infrastructure projects 7#a7 ,in general ,a ,state may use not more than #e percent of the funds apportioned to the ,state under section #ajd7;b77#b7 for eligible rural barge landing1 dock1 and waterfront infrastructure projects described in paragraph 7#b74 7#b7 ,eligible projects ,an eligible rural barge landing1 dock1 or waterfront infrastructure project referred to in paragraph 7#a7 is a project for the planning1 designing1 engineering1 or construction of a barge landing1 dock1 or other waterfront infrastructure in a rural community or a ,native village 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb77-- 7,a7 that is off the road system2 and 7,b7 for which the ,secretary determines there is a lack of adequate infrastructure4 4 7b7 ,set-,aside ,section #acc7;h7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 #a1bjj1jjj1jjj for fiscal year #bjba2 7ii7 #a1bbd1jjj1jjj for fiscal year #bjbb2 7iii7 #a1bdh1jjj1jjj for fiscal year #bjbc2 7iv7 #a1bgc1jjj1jjj for fiscal year #bjbd2 and 7v7 #a1bii1jjj1jjj for fiscal year #bjbe2 and 2 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,allocation within a ,state 7,a7 ,in general ,except as provided in subparagraph 7,b71 funds reserved for a ,state under paragraph 7#a7 shall be obligated within that ,state in the manner described in subsection 7d71 except that1 for purposes of this paragraph 7after funds are made available under paragraph 7#e77-- 7i7 for each fiscal year1 the percentage specified in subsection 7d77#a77;,a7 shall be deemed to be #eg4e percent2 and 7ii7 paragraph 7#c7 of that subsection shall not apply4 7,b7 ,local control 7i7 ,in general ,on approval of a plan submitted to the ,secretary that describes the manner in which the plan will maximize local control and the means by which the ,state plans to comply with paragraph 7#h71 the ,state may allocate up to #ajj percent of the funds referred to in subparagraph 7,a77i7 to counties and other local transportation entities4 7ii7 ,requirement ,a ,state that allocates funding under clause 7i7 to counties and other local transportation entities shall make available an equivalent amount of obligation limitation to those counties and other local transportation entities4 2 7#c7 in paragraph 7#d77;,b7-- 7,a7 in clause 7vii71 by striking responsible and all that follows through programs2 7,b7 in clause 7viii71 by inserting that serves an urbanized population of over #bjj1jjj after metropolitan planning organization2 7,c7 by redesignating clauses 7vii7 and 7viii7 as clauses 7viii7 and 7ix71 respectively2 and 7,d7 by inserting after clause 7vi7 the following3 7vii7 a metropolitan planning organization that serves an urbanized population of #bjj1jjj or fewer2 2 7#d7 in paragraph 7#f71 by adding at the end the following3 7,c7 ,improving accessibility and efficiency 7i7 ,in general ,a ,state may elect to use an amount equal to not more than #g percent of the funds reserved for the ,state under this subsection1 after allocating funds in accordance with paragraph 7#b77;,a71 to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by-- 7,i7 providing to applicants for projects under this subsection application assistance1 technical assistance1 and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project2 and 7,,ii7 providing funding for #a or more full-time ,state employee positions to administer this subsection4 7ii7 ,use of funds ,amounts used under clause 7i7 may be expended-- 7,i7 directly by the ,state2 or 7,,ii7 through contracts with ,state agencies1 private entities1 or nonprofit entities4 2 7#e7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7#f7 by inserting after paragraph 7#f7 the following3 7#g7 ,federal share 7,a7 ,required aggregate non-,federal share 7i7 ,in general ,the average annual non-,federal share of the total cost of all projects carried out under this subsection in a ,state for a fiscal year shall be not less than the non-,federal share authorized for the ,state under section #abj7;b74 7ii7 ,single projects ,subject to clause 7i71 the ,federal share of the total cost of a single project carried out under this subsection may be up to #ajj percent4 7,b7 ,flexible financing ,subject to subparagraph 7,a71 notwithstanding section #abj-- 7i7 funds made available to carry out section #adh may be credited toward the non-,federal share of the costs of a project type under this subsection that the ,secretary determines to have an expected safety benefit2 and 7ii7 the non-,federal share for a project under this subsection may be calculated on a project1 multiple-project1 or program basis4 4 #aaaj4 ,nationally significant freight and highway projects 7a7 ,in general ,section #aag of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,a71 by inserting in and across rural and urban areas after people2 and 7,b7 in subparagraph 7,f71 by inserting 1 including highways that support movement of energy equipment after security2 7#b7 in subsection 7b71 by adding at the end the following3 7#c7 ,grant administration ,the ,secretary may-- 7,a7 retain not more than a total of #b percent of the funds made available to carry out this section for the ,national ,surface ,transportation and ,innovative ,finance ,bureau to review applications for grants under this section2 and 7,b7 transfer portions of the funds retained under subparagraph 7,a7 to the relevant ,administrators to fund the award and oversight of grants provided under this section4 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 in clause 7iii77,,ii71 by striking or at the end2 7ii7 in clause 7iv71 by striking and at the end and inserting or2 and 7iii7 by adding at the end the following3 7v7 a wildlife crossing project2 and 2 7,b7 in paragraph 7#b77;,a71 in the matter preceding clause 7i7-- 7i7 by striking #ejj1jjj1jjj and inserting #cj percent2 and 7ii7 by striking fiscal years #bjaf through #bjbj1 in the aggregate1 and inserting each of fiscal years #bjba through #bjbe2 and 7,c7 by adding at the end the following3 7#c7 ,critical rural ,state interstate projects 7,a7 ,requirement ,not less than #ejj1jjj1jjj of the amounts made available for grants under this section for fiscal years #bjba through #bjbe1 in the aggregate1 shall be used to make grants for ,interstate interchange projects between #b routes on the ,interstate ,system that-- 7i7 are located in a ,state-- 7,i7 with a population density of not more than #hj persons per square mile of land area1 based on the #bjaj census2 and 7,,ii7 that has #c or fewer ,interstate interchanges between #b routes on the ,interstate ,system2 and 7ii7 are projects that-- 7,i7 address a freight system need identified in a ,state freight plan under section #gjbjb of title #di 7referred to in this paragraph as a ,state freight plan72 7,,ii7 address a freight mobility issue identified in a ,state freight plan2 or 7,,iii7 are identified in a ,state freight plan4 7,b7 ,inclusion in ,state freight plan ,a project described in subparagraph 7,a77ii77,,iii7 may include a project listed in the freight investment plan required under section #gjbjb7;b77#i7 of title #di4 7,c7 ,unutilized amounts ,if1 in fiscal year #bjbe1 the ,secretary determines that grants under this paragraph will not allow for the amount reserved under subparagraph 7,a7 to be fully utilized1 the ,secretary shall use the unutilized amounts to make other grants under this section during that fiscal year4 7#d7 ,critical urban ,state projects 7,a7 ,requirement ,not less than #ejj1jjj1jjj of the amounts made available for grants under this section for fiscal years #bjba through #bjbe1 in the aggregate1 shall be used to make grants to eligible projects that are located in a ,state with a population density of not less than #djj persons per square mile of land area1 based on the #bjaj census4 7,b7 ,inclusion in ,state freight plan ,a project described in subparagraph 7,a7 may include a project listed in the freight investment plan required under section #gjbjb7;b77#i7 of title #di4 7,c7 ,unutilized amounts ,if1 in fiscal year #bjbe1 the ,secretary determines that grants under this paragraph will not allow for the amount reserved under subparagraph 7,a7 to be fully utilized1 the ,secretary shall use the unutilized amounts to make other grants under this section during that fiscal year4 2 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking #aj percent and inserting not less than #ae percent2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking and at the end2 7ii7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,c7 the effect of the proposed project on safety on freight corridors with significant hazards1 such as high winds1 heavy snowfall1 flooding1 rockslides1 mudslides1 wildfire1 wildlife crossing onto the roadway1 or steep grades4 2 and 7,c7 by adding at the end the following3 7#d7 ,requirement ,of the amounts reserved under paragraph 7#a71 not less than #cj percent shall be used for projects in rural areas 7as defined in subsection 7i77#c774 2 7#e7 in subsection 7h7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 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 enhancement of freight resilience to natural hazards or disasters1 including high winds1 heavy snowfall1 flooding1 rockslides1 mudslides1 wildfire1 wildlife crossing onto the roadway1 or steep grades4 2 7#f7 in subsection 7i77#b71 by striking other grants under this section and inserting grants under subsection 7e72 7#g7 in subsection 7j7-- 7,a7 by striking the subsection designation and heading and all that follows through ,the ,federal share in paragraph 7#a7 and inserting the following3 7j7 ,federal assistance 7#a7 ,federal share 7,a7 ,in general ,except as provided in subparagraph 7,b7 or for a grant under subsection 7q71 the ,federal share 2 7,b7 in paragraph 7#a71 by adding at the end the following3 7,b7 ,small projects ,in the case of a project described in subsection 7e77#a71 the ,federal share of the cost of the project shall be #hj percent4 2 and 7,c7 in paragraph 7#b7-- 7i7 by striking ,federal assistance other and inserting ,except for grants under subsection 7q71 ,federal assistance other2 and 7ii7 by striking except that the total ,federal and inserting the following3 except that-- 7,a7 for a ,state with a population density of not more than #hj persons per square mile of land area1 based on the #bjaj census1 the maximum share of the total ,federal assistance provided for a project receiving a grant under this section shall be the applicable share under section #abj7;b72 and 7,b7 for a ,state not described in subparagraph 7,a71 the total ,federal 2 7#h7 by redesignating subsections 7k7 through 7n7 as subsections 7l71 7m71 7n71 and 7p71 respectively2 7#i7 by inserting after subsection 7j7 the following3 7k7 ,efficient use of non-,federal funds 7#a7 ,in general ,notwithstanding any other provision of law and subject to approval by the ,secretary under paragraph 7#b77;,b71 in the case of any grant for a project under this section1 during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed-- 7,a7 the grant recipient may obligate and expend non-,federal funds with respect to the project for which the grant is provided2 and 7,b7 any non-,federal funds obligated or expended in accordance with subparagraph 7,a7 shall be credited toward the non-,federal cost share for the project for which the grant is provided4 7#b7 ,requirements 7,a7 ,application ,in order to obligate and expend non-,federal funds under paragraph 7#a71 the grant recipient shall submit to the ,secretary a request to obligate and expend non-,federal funds under that paragraph1 including-- 7i7 a description of the activities the grant recipient intends to fund2 7ii7 a justification for advancing the activities described in clause 7i71 including an assessment of the effects to the project scope1 schedule1 and budget if the request is not approved2 and 7iii7 the level of risk of the activities described in clause 7i74 7,b7 ,approval ,the ,secretary shall approve or disapprove each request submitted under subparagraph 7,a74 7,c7 ,compliance with applicable requirements ,any non-,federal funds obligated or expended under paragraph 7#a7 shall comply with all applicable requirements1 including any requirements included in the grant agreement4 7#c7 ,effect ,the obligation or expenditure of any non-,federal funds in accordance with this subsection shall not-- 7,a7 affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant2 7,b7 create an obligation on the part of the ,federal ,government to repay any non-,federal funds if the grant agreement is not signed2 or 7,c7 affect the ability of recipient of the grant to obligate or expend non-,federal funds to meet the non-,federal cost share for the project for which the grant is provided after the period described in paragraph 7#a74 2 7#aj7 by inserting after subsection 7n7 7as so redesignated7 the following3 7o7 ,applicant notification 7#a7 ,in general ,not later than #fj days after the date on which a grant recipient for a project under this section is selected1 the ,secretary shall provide to each eligible applicant not selected for that grant a written notification that the eligible applicant was not selected4 7#b7 ,inclusion ,a written notification under paragraph 7#a7 shall include an offer for a written or telephonic debrief by the ,secretary that will provide-- 7,a7 detail on the evaluation of the application of the eligible applicant2 and 7,b7 an explanation of and guidance on the reasons the application was not selected for a grant under this section4 7#c7 ,response 7,a7 ,in general ,not later than #cj days after the eligible applicant receives a written notification under paragraph 7#a71 if the eligible applicant opts to receive a debrief described in paragraph 7#b71 the eligible applicant shall notify the ,secretary that the eligible applicant is requesting a debrief4 7,b7 ,debrief ,if the eligible applicant submits a request for a debrief under subparagraph 7,a71 the ,secretary shall provide the debrief by not later than #fj days after the date on which the ,secretary receives the request for a debrief4 2 and 7#aa7 by striking subsection 7p7 7as so redesignated7 and inserting the following3 7p7 ,reports 7#a7 ,annual report 7,a7 ,in general ,notwithstanding any other provision of law1 not later than #cj days after the date on which the ,secretary selects a project for funding under this section1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that describes the reasons for selecting the project1 based on any criteria established by the ,secretary in accordance with this section4 7,b7 ,inclusions ,the report submitted under subparagraph 7,a7 shall specify each criterion established by the ,secretary that the project meets4 7,c7 ,availability ,the ,secretary shall make available on the website of the ,department of ,transportation the report submitted under subparagraph 7,a74 7,d7 ,applicability ,this paragraph applies to all projects described in subparagraph 7,a7 that the ,secretary selects on or after ,january #a1 #bjai4 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 date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai and annually thereafter1 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 describes1 for each project selected to receive funding under this section-- 7i7 the process by which each project was selected2 7ii7 the factors that went into the selection of each project2 and 7iii7 the justification for the selection of each project based on any criteria established by the ,secretary in accordance with this section4 7#c7 ,inspector general ,not later than #a year after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai and annually thereafter1 the ,inspector ,general of the ,department of ,transportation shall-- 7,a7 conduct an assessment of the establishment1 solicitation1 selection1 and justification process with respect to the funding of projects under this section2 and 7,b7 submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a final report that describes the findings of the ,inspector ,general of the ,department of ,transportation with respect to the assessment conducted under subparagraph 7,a74 7q7 ,state incentives pilot program 7#a7 ,establishment ,there is established a pilot program to award grants to eligible applicants for projects eligible for grants under this section 7referred to in this subsection as the pilot program74 7#b7 ,priority ,in awarding grants under the pilot program1 the ,secretary shall give priority to an application that offers a greater non-,federal share of the cost of a project relative to other applications under the pilot program4 7#c7 ,federal share 7,a7 ,in general ,notwithstanding any other provision of law1 the ,federal share of the cost of a project assisted with a grant under the pilot program may not exceed #ej percent4 7,b7 ,no federal involvement 7i7 ,in general ,for grants awarded under the pilot program1 except as provided in clause 7ii71 an eligible applicant may not use ,federal assistance to satisfy the non-,federal share of the cost under subparagraph 7,a74 7ii7 ,exception ,an eligible applicant may use funds from a secured loan 7as defined in section #fja7;a77 to satisfy the non-,federal share of the cost under subparagraph 7,a7 if the loan is repayable from non-,federal funds4 7#d7 ,reservation 7,a7 ,in general ,of the amounts made available to provide grants under this section1 the ,secretary shall reserve for each fiscal year #aej1jjj1jjj to provide grants under the pilot program4 7,b7 ,unutilized amounts ,in any fiscal year during which applications under this subsection are insufficient to effect an award or allocation of the entire amount reserved under subparagraph 7,a71 the ,secretary shall use the unutilized amounts to provide other grants under this section4 7#e7 ,set-asides 7,a7 ,small projects 7i7 ,in general ,of the amounts reserved under paragraph 7#d77;,a71 the ,secretary shall reserve for each fiscal year not less than #aj percent for projects eligible for a grant under subsection 7e74 7ii7 ,requirement ,for a grant awarded from the amount reserved under clause 7i7-- 7,i7 the requirements of subsection 7e7 shall apply2 and 7,,ii7 the requirements of subsection 7g7 shall not apply4 7,b7 ,rural projects 7i7 ,in general ,of the amounts reserved under paragraph 7#d77;,a71 the ,secretary shall reserve for each fiscal year not less than #be percent for projects eligible for a grant under subsection 7i74 7ii7 ,requirement ,for a grant awarded from the amount reserved under clause 7i71 the requirements of subsection 7i7 shall apply4 7#f7 ,report to congress ,not later than #b years after the date of enactment of this subsection1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that describes the administration of the pilot program1 including-- 7,a7 the number1 types1 and locations of eligible applicants that have applied for grants under the pilot program2 7,b7 the number1 types1 and locations of grant recipients under the pilot program2 7,c7 an assessment of whether implementation of the pilot program has incentivized eligible applicants to offer a greater non-,federal share for grants under the pilot program2 and 7,d7 any recommendations for modifications to the pilot program4 4 7b7 ,efficient use of non-,federal funds 7#a7 ,in general ,notwithstanding any other provision of law1 in the case of a grant described in paragraph 7#b71 section #aag7k7 of title #bc1 ,united ,states ,code1 shall apply to the grant as if the grant was a grant provided under that section4 7#b7 ,grant described ,a grant referred to in paragraph 7#a7 is a grant that is-- 7,a7 provided under a competitive discretionary grant program administered by the ,federal ,highway ,administration2 7,b7 for a project eligible under title #bc1 ,united ,states ,code2 and 7,c7 in an amount greater than #e1jjj1jjj4 #aaaa4 ,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 clause 7xxviii71 by striking through 7xxvii7 and inserting through 7xxviii72 7ii7 by redesignating clause 7xxviii7 as clause 7xxix72 and 7iii7 by inserting after clause 7xxvii7 the following3 7xxviii7 ,leading pedestrian intervals4 2 7,b7 by redesignating paragraphs 7#aj7 through 7#ab7 as paragraphs 7#aa7 through 7#ac71 respectively2 and 7,c7 by inserting after paragraph 7#i7 the following3 7#aj7 ,safety project under any other section 7,a7 ,in general ,the term safety project under any other section means a project carried out for the purpose of safety under any other section of this title4 7,b7 ,inclusion ,the term safety project under any other section includes a project1 consistent with the ,state strategic highway safety plan1 that-- 7i7 promotes public awareness and informs the public regarding highway safety matters 7including motorcycle safety72 7ii7 facilitates enforcement of traffic safety laws2 7iii7 provides infrastructure and infrastructure-related equipment to support emergency services2 or 7iv7 conducts safety-related research to evaluate experimental safety countermeasures or equipment4 2 7#b7 in subsection 7c77#a77;,a71 by striking subsections 7a77#aa7 and inserting subsections 7a77#ab72 7#c7 in subsection 7d77#b77;,b77i71 by striking subsection 7a77#aa7 and inserting subsection 7a77#ab72 and 7#d7 in subsection 7e71 by adding at the end the following3 7#c7 ,flexible funding for safety projects under any other section 7,a7 ,in general ,to advance the implementation of a ,state strategic highway safety plan1 a ,state may use not more than #be percent of the amounts apportioned to the ,state under section #ajd7;b77#c7 for a fiscal year to carry out safety projects under any other section4 7,b7 ,other transportation and highway safety plans ,nothing in this paragraph requires a ,state to revise any ,state process1 plan1 or program in effect on the date of enactment of this paragraph4 4 #aaab4 ,federal lands transportation program ,section #bjc7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b71 by adding and at the end2 7,b7 in subparagraph 7,c71 by striking 2 and and inserting a period2 and 7,c7 in subparagraph 7,d71 by striking #aj1jjj1jjj and inserting #bj1jjj1jjj2 and 7#b7 by adding at the end the following3 7#f7 ,native plant materials ,in carrying out an activity described in paragraph 7#a71 the entity carrying out the activity shall consider-- 7,a7 the use of locally adapted native plant materials2 and 7,b7 designs that minimize runoff and heat generation4 4 #aaac4 ,federal lands access program ,section #bjd7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 in the matter preceding clause 7i71 by inserting context-sensitive solutions1 after restoration12 7,b7 in clause 7i71 by inserting 1 including interpretive panels in or adjacent to those areas after areas2 7,c7 in clause 7v71 by striking and at the end2 7,d7 by redesignating clause 7vi7 as clause 7ix72 and 7,e7 by inserting after clause 7v7 the following3 7vi7 contextual wayfinding markers2 7vii7 landscaping2 7viii7 cooperative mitigation of visual blight1 including screening or removal2 and 2 and 7#b7 by adding at the end the following3 7#f7 ,native plant materials ,in carrying out an activity described in paragraph 7#a71 the ,secretary shall ensure that the entity carrying out the activity considers-- 7,a7 the use of locally adapted native plant materials2 and 7,b7 designs that minimize runoff and heat generation4 4 #aaad4 ,national highway freight program ,section #afg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e7-- 7,a7 in paragraph 7#b71 by striking #aej miles and inserting #cjj miles2 and 7,b7 by adding at the end the following3 7#c7 ,rural states ,notwithstanding paragraph 7#b71 a ,state with a population per square mile of area that is less than the national average1 based on the #bjaj census1 may designate as critical rural freight corridors a maximum of #fjj miles of highway or #be percent of the primary highway freight system mileage in the ,state1 whichever is greater4 2 7#b7 in subsection 7f77#d71 by striking #ge miles and inserting #aej miles2 and 7#c7 in subsection 7i77#e77;,b7-- 7,a7 in the matter preceding clause 7i71 by striking #aj percent and inserting #cj percent2 7,b7 in clause 7i71 by striking and at the end2 7,c7 in clause 7ii71 by striking the period at the end and inserting a semicolon2 and 7,d7 by adding at the end the following3 7iii7 for the modernization or rehabilitation of a lock and dam1 if the ,secretary determines that the project-- 7,i7 is functionally connected to the ,national ,highway ,freight ,network2 and 7,,ii7 is likely to reduce on-road mobile source emissions2 and 7iv7 on a marine highway corridor1 connector1 or crossing designated by the ,secretary under section #eefja7;c7 of title #df 7including an inland waterway corridor1 connector1 or crossing71 if the ,secretary determines that the project-- 7,i7 is functionally connected to the ,national ,highway ,freight ,network2 and 7,,ii7 is likely to reduce on-road mobile source emissions4 4 #aaae4 ,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 the matter preceding paragraph 7#a71 by striking subsection 7d7 and inserting subsections 7d7 and 7m77#a77;,b77ii72 7,b7 in paragraph 7#h77;,b71 by striking or at the end2 7,c7 in paragraph 7#i71 by striking the period at the end and inserting a semicolon2 and 7,d7 by adding at the end the following3 7#aj7 if the project is for the modernization or rehabilitation of a lock and dam that-- 7,a7 is functionally connected to the ,federal-aid highway system2 and 7,b7 the ,secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard2 or 7#aa7 if the project is on a marine highway corridor1 connector1 or crossing designated by the ,secretary under section #eefja7;c7 of title #df 7including an inland waterway corridor1 connector1 or crossing7 that-- 7,a7 is functionally connected to the ,federal-aid highway system2 and 7,b7 the ,secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard4 2 7#b7 in subsection 7c71 by adding at the end the following3 7#d7 ,locks and dams2 marine highways ,for each fiscal year1 a ,state may not obligate more than #aj percent of the funds apportioned to the ,state under section #ajd7;b77#d7 for projects described in paragraphs 7#aj7 and 7#aa7 of subsection 7b74 2 and 7#c7 by striking subsection 7m7 and inserting the following3 7m7 ,operating assistance 7#a7 ,in general ,a ,state may obligate funds apportioned under section #ajd7;b77#d7 in an area of the ,state that is otherwise eligible for obligations of such funds for operating costs-- 7,a7 under chapter #ec of title #di2 or 7,b7 on-- 7i7 a system for which ,,cmaq funding was eligible1 made available1 obligated1 or expended in fiscal year #bjab2 or 7ii7 a ,state-supported ,amtrak route with a valid cost-sharing agreement under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note2 ,public ,law #aaj-dcb7 and no current nonattainment areas under subsection 7d74 7#b7 ,no time limitation ,operating assistance provided under paragraph 7#a7 shall have no imposed time limitation if the operating assistance is for-- 7,a7 a route described in subparagraph 7,b77ii7 of that paragraph2 or 7,b7 a transit system that is located in-- 7i7 a non-urbanized area2 or 7ii7 an urbanized area with a population of #bjj1jjj or fewer4 4 #aaaf4 ,national scenic byways program 7a7 ,request for nominations ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall issue a request for nominations with respect to roads to be designated under the national scenic byways program1 as described in section #afb7;a7 of title #bc1 ,united ,states ,code4 ,the ,secretary shall make the request for nominations available on the appropriate website of the ,department4 7b7 ,designation determinations ,not later than #a year after the date on which the request for nominations required under subsection 7a7 is issued1 the ,secretary shall make publicly available on the appropriate website of the ,department a list specifying the roads1 nominated pursuant to such request1 to be designated under the national scenic byways program4 #aaag4 ,alaska ,highway ,section #bah of title #bc1 ,united ,states ,code1 is amended to read as follows3 #bah4 ,alaska ,highway 7a7 ,recognizing the benefits that will accrue to the ,state of ,alaska and to the ,united ,states from the reconstruction of the ,alaska ,highway from the ,alaskan border at ,beaver ,creek1 ,yukon ,territory1 to ,haines ,junction in ,canada and the ,haines ,cutoff ,highway from ,haines ,junction in ,canada to ,haines1 ,alaska1 the ,secretary may provide for the necessary reconstruction of the highway using funds awarded through an applicable competitive grant program1 if the highway meets all applicable eligibility requirements for the program1 except for the specific requirements established by the agreement for the ,alaska ,highway ,project between the ,government of the ,united ,states and the ,government of ,canada4 ,in addition to the funds described in the previous sentence1 notwithstanding any other provision of law and on agreement with the ,state of ,alaska1 the ,secretary is authorized to expend on such highway or the ,alaska ,marine ,highway ,system any ,federal-aid highway funds apportioned to the ,state of ,alaska under this title at a ,federal share of #ajj per centum4 ,no expenditures shall be made for the construction of the portion of such highways that are in ,canada unless an agreement is in place between the ,government of ,canada and the ,government of the ,united ,states 7including an agreement in existence on the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai7 that provides1 in part1 that the ,canadian ,government-- 7#a7 will provide1 without participation of funds authorized under this title1 all necessary right-of-way for the reconstruction of such highways2 7#b7 will not impose any highway toll1 or permit any such toll to be charged for the use of such highways by vehicles or persons2 7#c7 will not levy or assess1 directly or indirectly1 any fee1 tax1 or other charge for the use of such highways by vehicles or persons from the ,united ,states that does not apply equally to vehicles or persons of ,canada2 7#d7 will continue to grant reciprocal recognition of vehicle registration and driver's licenses in accordance with agreements between the ,united ,states and ,canada2 and 7#e7 will maintain such highways after their completion in proper condition adequately to serve the needs of present and future traffic4 7b7 ,the survey and construction work undertaken in ,canada pursuant to this section shall be under the general supervision of the ,secretary4 7c7 ,for purposes of this section1 the term ,alaska ,marine ,highway ,system includes all existing or planned transportation facilities and equipment in ,alaska1 including the lease1 purchase1 or construction of vessels1 terminals1 docks1 floats1 ramps1 staging areas1 parking lots1 bridges and approaches thereto1 and necessary roads4 4 #aaah4 ,toll roads1 bridges1 tunnels1 and ferries ,section #abi7;c7 of title #bc1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a7 by striking the construction of ferry boats and ferry terminal facilities1 whether toll or free1 and inserting the construction of ferry boats and ferry terminal facilities 7including ferry maintenance facilities71 whether toll or free1 and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip14 #aaai4 ,bridge investment program 7a7 ,in general ,chapter #a of 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 7,a7 ,in general ,the term eligible project means a project to replace1 rehabilitate1 preserve1 or protect #a or more bridges on the ,national ,bridge ,inventory under section #add7;b74 7,b7 ,inclusions ,the term eligible project includes-- 7i7 a bundle of projects described in subparagraph 7,a71 regardless of whether the bundle of projects meets the requirements of section #add7;j77#e72 and 7ii7 a project to replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species4 7#b7 ,large project ,the term large project means an eligible project with total eligible project costs of greater than #ajj1jjj1jjj4 7#c7 ,program ,the term program means the bridge investment program established by subsection 7b77#a74 7b7 ,establishment of bridge investment 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 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-- 7,i7 in poor condition2 or 7,,ii7 in fair condition and at risk of falling into poor condition within the next #c years2 7ii7 the total person miles traveled over bridges-- 7,i7 in poor condition2 or 7,,ii7 in fair condition and at risk of falling into poor condition within the next #c years2 7iii7 the number of bridges that-- 7,i7 do not meet current geometric design standards2 or 7,,ii7 cannot meet the load and traffic requirements typical of the regional transportation network2 and 7iv7 the total person miles traveled over bridges that-- 7,i7 do not meet current geometric design standards2 or 7,,ii7 cannot meet the load and traffic requirements typical of the regional transportation network2 and 7,c7 to provide financial assistance that leverages and encourages non-,federal contributions from sponsors and stakeholders involved in the planning1 design1 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 the program shall be-- 7,a7 in the case of a large project1 in an amount that is-- 7i7 adequate to fully fund the project 7in combination with other financial resources identified in the application72 and 7ii7 not less than #ej1jjj1jjj2 and 7,b7 in the case of any other eligible project1 in an amount that is-- 7i7 adequate to fully fund the project 7in combination with other financial resources identified in the application72 and 7ii7 not less than #b1ejj1jjj4 7#c7 ,maximum amount ,except as otherwise provided1 for an eligible project receiving assistance under the program1 the amount of assistance provided by the ,secretary under this section1 as a share of eligible project costs1 shall be-- 7,a7 in the case of a large project1 not more than #ej percent2 and 7,b7 in the case of any other eligible project1 not more than #hj percent4 7#d7 ,federal share 7,a7 ,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 the ,federal share for the project under section #abj4 7,b7 ,off-system bridges ,in the case of an eligible project for an off-system bridge 7as defined in section #acc7;f77#a77-- 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 notwithstanding subparagraph 7,a71 the total ,federal assistance provided for the project shall not exceed #ij percent of the total eligible project costs4 7,c7 ,federal land management agencies and ,tribal governments ,notwithstanding any other provision of law1 ,federal funds other than ,federal funds made available under this section may be used to pay the remaining share of the cost of a project under the program by a ,federal land management agency or a ,tribal government or consortium of ,tribal governments4 7#e7 ,considerations 7,a7 ,in general ,in awarding grants under the program1 the ,secretary shall consider-- 7i7 in the case of a large project1 the ratings assigned under subsection 7g77#e77;,a72 7ii7 in the case of an eligible project other than a large project1 the quality rating assigned under subsection 7f77#c77;,a77ii72 7iii7 the average daily person and freight throughput supported by the eligible project2 7iv7 the number and percentage of bridges within the same ,state as the eligible project that are in poor condition2 7v7 the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects2 7vi7 in the case of an eligible project of a ,federal land management agency1 the extent to which the grant would reduce a ,federal liability or ,federal infrastructure maintenance backlog2 7vii7 geographic diversity among grant recipients1 including the need for a balance between the needs of rural and urban communities2 and 7viii7 the extent to which a bridge that would be assisted with a grant-- 7,i7 is1 without that assistance-- 7aa7 at risk of falling into or remaining in poor condition2 or 7bb7 in fair condition and at risk of falling into poor condition within the next #c years2 7,,ii7 does not meet current geometric design standards based on-- 7aa7 the current use of the bridge2 or 7bb7 load and traffic requirements typical of the regional corridor or local network in which the bridge is located2 or 7,,iii7 does not meet current seismic design standards4 7,b7 ,requirement ,the ,secretary shall-- 7i7 give priority to an application for an eligible project that is located within a ,state for which-- 7,i7 #b or more applications for eligible projects within the ,state were submitted for the current fiscal year and an average of #b or more applications for eligible projects within the ,state were submitted in prior fiscal years of the program2 and 7,,ii7 fewer than #b grants have been awarded for eligible projects within the ,state under the program2 7ii7 during the period of fiscal years #bjba through #bjbe1 for each ,state described in clause 7i71 select-- 7,i7 not fewer than #a large project that the ,secretary determines is justified under the evaluation under subsection 7g77#d72 or 7,,ii7 #b eligible projects that are not large projects that the ,secretary determines are justified under the evaluation under subsection 7f77#c72 and 7iii7 not be required to award a grant for an eligible project that the ,secretary does not determine is justified under an evaluation under subsection 7f77#c7 or 7g77#d74 7#f7 ,culvert limitation ,not more than #e percent of the amounts made available for each fiscal year for grants under the program may be used for eligible projects that consist solely of culvert replacement or rehabilitation4 7d7 ,eligible entity ,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 designated by the ,bureau of the ,census7 with a population of over #bjj1jjj4 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 agency4 7#g7 ,a ,tribal government or a consortium of ,tribal governments4 7#h7 ,a multistate or multijurisdictional group of entities described in paragraphs 7#a7 through 7#g74 7e7 ,eligible project requirements ,the ,secretary may make a grant under the program only to an eligible entity for an eligible project that-- 7#a7 in the case of a large project1 the ,secretary recommends for funding in the annual report on funding recommendations under subsection 7g77#f72 7#b7 is reasonably expected to begin construction not later than #ah months after the date on which funds are obligated for the project2 and 7#c7 is based on the results of preliminary engineering4 7f7 ,competitive process and evaluation of eligible projects other than large projects 7#a7 ,competitive process 7,a7 ,in general ,the ,secretary shall-- 7i7 for the first fiscal year for which funds are made available for obligation under the program1 not later than #fj days after the date on which the template under subparagraph 7,b77i7 is developed1 and in subsequent fiscal years1 not later than #fj days after the date on which amounts are made available for obligation under the program1 solicit grant applications for eligible projects other than large projects2 and 7ii7 not later than #abj days after the date on which the solicitation under clause 7i7 expires1 conduct evaluations under paragraph 7#c74 7,b7 ,requirements ,in carrying out subparagraph 7,a71 the ,secretary shall-- 7i7 develop a template for applicants to use to summarize project needs and benefits1 including benefits described in paragraph 7#c77;,b77i72 and 7ii7 enable applicants to use data from the ,national ,bridge ,inventory under section #add7;b7 to populate templates described in clause 7i71 as applicable4 7#b7 ,applications ,an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,evaluation 7,a7 ,in general ,prior to providing a grant under this subsection1 the ,secretary shall-- 7i7 conduct an evaluation of each eligible project for which an application is received under this subsection2 and 7ii7 assign a quality rating to the eligible project on the basis of the evaluation under clause 7i74 7,b7 ,requirements ,in carrying out an evaluation under subparagraph 7,a71 the ,secretary shall-- 7i7 consider information on project benefits submitted by the applicant using the template developed under paragraph 7#a77;,b77i71 including whether the project will generate1 as determined by the ,secretary-- 7,i7 costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project2 7,,ii7 in the case of a bundle of projects1 benefits from executing the projects as a bundle compared to as individual projects2 7,,iii7 safety benefits1 including the reduction of accidents and related costs2 7,,iv7 person and freight mobility benefits1 including congestion reduction and reliability improvements2 7,v7 national or regional economic benefits2 7,,vi7 benefits from long-term resiliency to extreme weather events1 flooding1 or other natural disasters2 7,,vii7 benefits from protection 7as described in section #acc7;b77#aj771 including improving seismic or scour protection2 7,,viii7 environmental benefits1 including wildlife connectivity2 7,,ix7 benefits to nonvehicular and public transportation users2 7,x7 benefits of using-- 7aa7 innovative design and construction techniques2 or 7bb7 innovative technologies2 or 7,,xi7 reductions in maintenance costs1 including1 in the case of a federally owned bridge1 cost savings to the ,federal budget2 and 7ii7 consider whether and the extent to which the benefits1 including the benefits described in clause 7i71 are more likely than not to outweigh the total project costs4 7g7 ,competitive process1 evaluation1 and annual report for large projects 7#a7 ,in general ,the ,secretary shall establish an annual date by which an eligible entity submitting an application for a large project shall submit to the ,secretary such information as the ,secretary may require1 including information described in paragraph 7#b71 in order for a large project to be considered for a recommendation by the ,secretary for funding in the next annual report under paragraph 7#f74 7#b7 ,information required ,the information referred to in paragraph 7#a7 includes-- 7,a7 all necessary information required for the ,secretary to evaluate the large project2 and 7,b7 information sufficient for the ,secretary to determine that-- 7i7 the large project meets the applicable requirements under this section2 and 7ii7 there is a reasonable likelihood that the large project will continue to meet the requirements under this section4 7#c7 ,determination2 notice ,on making a determination that information submitted to the ,secretary under paragraph 7#a7 is sufficient1 the ,secretary shall provide a written notice of that determination to-- 7,a7 the eligible entity that submitted the application2 7,b7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7,c7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#d7 ,evaluation ,the ,secretary may recommend a large project for funding in the annual report under paragraph 7#f7 only if the ,secretary evaluates the proposed project and determines that the project is justified because the project-- 7,a7 addresses a need to improve the condition of the bridge1 as determined by the ,secretary1 consistent with the goals of the program under subsection 7b77#b72 7,b7 will generate1 as determined by the ,secretary-- 7i7 costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project2 7ii7 in the case of a bundle of projects1 benefits from executing the projects as a bundle compared to as individual projects2 7iii7 safety benefits1 including the reduction of accidents and related costs2 7iv7 person and freight mobility benefits1 including congestion reduction and reliability improvements2 7v7 national or regional economic benefits2 7vi7 benefits from long-term resiliency to extreme weather events1 flooding1 or other natural disasters2 7vii7 benefits from protection 7as described in section #acc7;b77#aj771 including improving seismic or scour protection2 7viii7 environmental benefits1 including wildlife connectivity2 7ix7 benefits to nonvehicular and public transportation users2 7x7 benefits of using-- 7,i7 innovative design and construction techniques2 or 7,,ii7 innovative technologies2 or 7xi7 reductions in maintenance costs1 including1 in the case of a federally owned bridge1 cost savings to the ,federal budget2 7,c7 is cost effective based on an analysis of whether the benefits and avoided costs described in subparagraph 7,b7 are expected to outweigh the project costs2 7,d7 is supported by other ,federal or non-,federal financial commitments or revenues adequate to fund ongoing maintenance and preservation2 and 7,e7 is consistent with the objectives of an applicable asset management plan of the project sponsor1 including a ,state asset management plan under section #aai7;e7 in the case of a project on the ,national ,highway ,system that is sponsored by a ,state4 7#e7 ,ratings 7,a7 ,in general ,the ,secretary shall develop a methodology to evaluate and rate a large project on a #e-point scale 7the points of which include high1 medium-high1 medium1 medium-low1 and low7 for each of-- 7i7 paragraph 7#d77;,b72 7ii7 paragraph 7#d77;,c72 and 7iii7 paragraph 7#d77;,d74 7,b7 ,requirement ,to be considered justified and receive a recommendation for funding in the annual report under paragraph 7#f71 a project shall receive a rating of not less than medium for each rating required under subparagraph 7,a74 7#f7 ,annual report on funding recommendations for large projects 7,a7 ,in general ,not later than the first ,monday in ,february of each year1 the ,secretary shall submit to the ,committees on ,transportation and ,infrastructure and ,appropriations of the ,house of ,representatives and the ,committees on ,environment and ,public ,works and ,appropriations of the ,senate a report that includes-- 7i7 a list of large projects that have requested a recommendation for funding under a new grant agreement from funds anticipated to be available to carry out this subsection in the next fiscal year2 7ii7 the evaluation under paragraph 7#d7 and ratings under paragraph 7#e7 for each project referred to in clause 7i72 7iii7 the grant amounts that the ,secretary recommends providing to large projects in the next fiscal year1 including-- 7,i7 scheduled payments under previously signed multiyear grant agreements under subsection 7j72 7,,ii7 payments for new grant agreements1 including single-year grant agreements and multiyear grant agreements2 and 7,,iii7 a description of how amounts anticipated to be available for the program from the ,highway ,trust ,fund for that fiscal year will be distributed2 and 7iv7 for each project for which the ,secretary recommends a new multiyear grant agreement under subsection 7j71 the proposed payout schedule for the project4 7,b7 ,limitations 7i7 ,in general ,the ,secretary shall not recommend in an annual report under this paragraph a new multiyear grant agreement provided from funds from the ,highway ,trust ,fund unless the ,secretary determines that the project can be completed using funds that are anticipated to be available from the ,highway ,trust ,fund in future fiscal years4 7ii7 ,general fund projects ,the ,secretary-- 7,i7 may recommend for funding in an annual report under this paragraph a large project using funds from the general fund of the ,treasury2 but 7,,ii7 shall not execute a grant agreement for that project unless-- 7aa7 funds other than from the ,highway ,trust ,fund have been made available for the project2 and 7bb7 the ,secretary determines that the project can be completed using funds other than from the ,highway ,trust ,fund that are anticipated to be available in future fiscal years4 7,c7 ,considerations ,in selecting projects to recommend for funding in the annual report under this paragraph1 the ,secretary shall-- 7i7 consider the amount of funds available in future fiscal years for multiyear grant agreements as described in subparagraph 7,b72 and 7ii7 assume the availability of funds in future fiscal years for multiyear grant agreements that extend beyond the period of authorization based on the amount made available for large projects under the program in the last fiscal year of the period of authorization4 7,d7 ,project diversity ,in selecting projects to recommend for funding in the annual report under this paragraph1 the ,secretary shall ensure diversity among projects recommended based on-- 7i7 the amount of the grant requested2 and 7ii7 grants for an eligible project for #a bridge compared to an eligible project that is a bundle of projects4 7h7 ,eligible project costs ,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 and 7#c7 expenses related to the protection 7as described in section #acc7;b77#aj77 of a bridge1 including seismic or scour protection4 7i7 ,,tifia program ,on the request of an eligible entity carrying out an eligible project1 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 eligible project for which the grant was awarded4 7j7 ,multiyear grant agreements for large projects 7#a7 ,in general ,a large project that receives a grant under the program in an amount of not less than #ajj1jjj1jjj may be carried out through a multiyear grant agreement in accordance with this subsection4 7#b7 ,requirements ,a multiyear grant agreement for a large project described in paragraph 7#a7 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 project in accordance with paragraphs 7#c7 and 7#d7 of subsection 7c72 7,c7 establish a payout schedule for the project that provides for disbursement of the full grant amount by not later than #d fiscal years after the fiscal year in which the initial amount is provided2 7,d7 determine the period of time for completing the project1 even if that period extends beyond the period of an authorization2 and 7,e7 attempt to improve timely and efficient management of the project1 consistent with all applicable ,federal laws 7including regulations74 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 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 7#d7 ,advance payment ,notwithstanding any other provision of law1 an eligible entity carrying out a large project under a multiyear grant agreement-- 7,a7 may use funds made available to the eligible entity under this title for eligible project costs of the large project until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available for obligation2 and 7,b7 if the eligible entity uses funds as described in subparagraph 7,a71 the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project4 7k7 ,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 activity 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 activity1 the ,secretary approves through a letter to the applicant the activity in the same manner as the ,secretary approves other activities as eligible under the program2 7,b7 a record of decision1 a finding of no significant impact1 or a categorical exclusion under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 has been issued for the eligible project2 and 7,c7 the activity 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 an activity for 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 activity for 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 7f77#c77;,a77i7 or 7g77#d7 or any recommendation by the ,secretary for funding under the program4 7l7 ,federally owned bridges 7#a7 ,divestiture consideration ,in the case of a bridge owned by a ,federal land management agency for which that agency applies for a grant under the program1 the agency-- 7,a7 shall consider options to divest the bridge to a ,state or local entity after completion of the project2 and 7,b7 may apply jointly with the ,state or local entity to which the bridge may be divested4 7#b7 ,treatment ,notwithstanding any other provision of law1 section #abi shall apply to a bridge that was previously owned by a ,federal land management agency and has been transferred to a non-,federal entity under paragraph 7#a7 in the same manner as if the bridge was never federally owned4 7m7 ,congressional notification ,not later than #cj days before making a grant for an eligible 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 eligible project2 and 7#b7 the amount of the proposed grant4 7n7 ,reports 7#a7 ,annual report ,not later than ,august #a of each fiscal year1 the ,secretary shall make available on the website of the ,department of ,transportation an annual report that lists each eligible project for which a grant has been provided under the program during the fiscal year4 7#b7 ,,gao assessment and report ,not later than #c years after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai1 the ,comptroller ,general of the ,united ,states shall-- 7,a7 conduct an assessment of the administrative establishment1 solicitation1 selection1 and justification process with respect to the funding of grants under the program2 and 7,b7 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 eligible project that received a grant under the program was selected2 and 7ii7 the justification and criteria used for the selection of each eligible project4 7o7 ,limitation 7#a7 ,large projects ,of the amounts made available out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 to carry out this section for each of fiscal years #bjba through #bjbe1 not less than #ej percent1 in aggregate1 shall be used for large projects4 7#b7 ,unutilized amounts ,if1 in fiscal year #bjbe1 the ,secretary determines that grants under the program will not allow for the requirement under paragraph 7#a7 to be met1 the ,secretary shall use the unutilized amounts to make other grants under the program during that fiscal year4 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 #aabj4 ,safe routes to school program ,section #adjd of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note2 ,public ,law #aji-ei7 is amended-- 7#a7 in subsection 7a71 by striking primary and middle and inserting primary1 middle1 and high2 and 7#b7 in subsection 7k77#b7-- 7,a7 in the heading1 by striking ,primary and middle and inserting ,primary1 middle1 and high2 7,b7 by striking primary and middle and inserting primary1 middle1 and high2 and 7,c7 by striking eighth grade and inserting #abth grade4 #aaba4 ,highway use tax evasion projects ,section #adc7;b77#b77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjba through #bjbe4 #aabb4 ,construction of ferry boats and ferry terminal facilities ,section #adg of title #bc1 ,united ,states ,code1 is amended by striking subsection 7h7 and inserting the following3 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-- 7#a7 #hf1jjj1jjj for fiscal year #bjba2 7#b7 #hg1jjj1jjj for fiscal year #bjbb2 7#c7 #hh1jjj1jjj for fiscal year #bjbc2 7#d7 #hi1jjj1jjj for fiscal year #bjbd2 and 7#e7 #ij1jjj1jjj for fiscal year #bjbe4 4 #aabc4 ,balance exchanges for infrastructure program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #aga4 ,balance exchanges for infrastructure program 7a7 ,definitions ,in this section3 7#a7 ,administratively allocated ,the term administratively allocated means the allocation by the ,secretary of budget authority for a project under the ,,tifia program that occurs when-- 7,a7 a potential applicant has been invited into the creditworthiness phase for a project under the ,,tifia program2 or 7,b7 the project is subject to a master credit agreement 7as defined in section #fja7;a771 in accordance with section #fjb7;b77#b74 7#b7 ,appalachian ,state ,the term ,appalachian ,state means a ,state that contains #a or more counties in the ,appalachian region 7as defined in section #adajb7;a7 of title #dj74 7#c7 ,program ,the term program means the ,balance ,exchanges for ,infrastructure ,program established under subsection 7b74 7#d7 ,,tifia carryover balance 7,a7 ,in general ,the term ,,tifia carryover balance means the amounts made available for the ,,tifia program for previous fiscal years that are unobligated and have not been administratively allocated4 7,b7 ,inclusion ,the term ,,tifia carryover balance includes-- 7i7 the applicable amount of contract authority for the amounts described in subparagraph 7,a72 and 7ii7 the equivalent amount of obligation limitation for the fiscal year in which the ,secretary makes a transfer under subsection 7f77#b74 7#e7 ,,tifia program ,the term ,,tifia program has the meaning given the term in section #fja7;a74 7b7 ,establishment ,the ,secretary shall establish a program1 to be known as the ,balance ,exchanges for ,infrastructure ,program1 in accordance with this section to provide flexibility for the ,secretary and ,states to improve highway infrastructure4 7c7 ,offer ,to fund projects or exchange funds 7#a7 ,solicitation ,for each fiscal year for which an amount is reserved under subsection 7f77#a71 the ,secretary shall-- 7,a7 not later than ,december #a of that fiscal year-- 7i7 solicit requests from ,appalachian ,states to return amounts under subsection 7d77#a77;,a72 and 7ii7 solicit applications from ,appalachian ,states for grants under subsection 7e72 and 7,b7 require that1 not later than #fj days after the date of the solicitations under subparagraph 7,a71 each ,appalachian ,state that elects to participate in the program shall submit to the ,secretary either-- 7i7 a request that describes the amount that the ,appalachian ,state requests to return under subsection 7d77#a77;,a72 or 7ii7 an application for a grant under subsection 7e74 7d7 ,exchange agreements 7#a7 ,in general ,the ,secretary shall enter into an agreement with each ,appalachian ,state that submits a request under subsection 7c77#a77;,a77i7 under which-- 7,a7 the ,appalachian ,state shall return to the ,secretary all1 or at the discretion of the ,appalachian ,state1 a portion of1 the unobligated amounts from the ,highway ,trust ,fund 7including the applicable amount of contract authority and an equal amount of special no-year obligation limitation associated with that contract authority7 apportioned to the ,appalachian ,state for the ,appalachian development highway system under section #adeja of title #dj 7but not including any amounts made available by an appropriations ,act without an initial authorization72 and 7,b7 the ,secretary shall transfer to the ,appalachian ,state1 from amounts transferred to the program under subsection 7f77#b7 for that fiscal year1 an amount 7including the applicable amount of contract authority and an equal amount of annual obligation limitation7 equal to the amount that the ,appalachian ,state returned under subparagraph 7,a7 that shall be used to carry out projects described in paragraph 7#c74 7#b7 ,state limitation ,the amount of contract authority returned by an ,appalachian ,state under paragraph 7#a77;,a7 may not exceed the amount of the special no-year obligation limitation available to the ,appalachian ,state prior to the return of the special no-year obligation limitation under that paragraph4 7#c7 ,eligible projects 7,a7 ,in general ,a project eligible to be carried out using funds transferred to an ,appalachian ,state under paragraph 7#a77;,b7 is a project described in section #acc7;b74 7,b7 ,federal share ,the ,federal share of the cost of a project carried out using funds transferred to an ,appalachian ,state under paragraph 7#a77;,b7 shall be up to #ajj percent1 at the discretion of the ,appalachian ,state4 7,c7 ,application of section #acc ,except as otherwise provided in this paragraph1 section #acc shall not apply to a project carried out using funds transferred to an ,appalachian ,state under paragraph 7#a77;,b74 7#d7 ,total limitation ,for each fiscal year1 the total amount exchanged under paragraph 7#a7 shall not exceed the amount available to be transferred to the program under subsection 7f74 7#e7 ,amounts exchanged ,for each fiscal year1 if the total amount requested by all ,appalachian ,states to return under paragraph 7#a77;,a7 is greater than the amount available to be transferred to the program under subsection 7f71 the ,secretary shall exchange amounts under paragraph 7#a7 based on the proportion that-- 7,a7 the amount requested to be returned for the fiscal year by the ,appalachian ,state2 bears to 7,b7 the amount requested to be returned for the fiscal year by all ,appalachian ,states4 7e7 ,appalachian development highway system corridor grants 7#a7 ,in general ,using amounts returned to the ,secretary under subsection 7d77#a77;,a71 the ,secretary shall provide grants of contract authority1 to remain available until expended1 and subject to special no-year obligation limitation1 on a competitive basis to ,appalachian ,states for eligible projects described in paragraph 7#b74 7#b7 ,eligible project ,a project eligible to be carried out with a grant under this subsection is a project that is-- 7,a7 eligible under section #adeja of title #dj as of the date of enactment of this section2 and 7,b7 reasonably expected to begin construction by not later than #b years after the date of obligation of funds provided under this subsection for the project4 7#c7 ,application ,to be eligible to receive a grant under this subsection1 an ,appalachian ,state shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#d7 ,federal share ,the ,federal share of the cost of a project carried out using a grant provided under this subsection shall be up to #ajj percent1 at the discretion of the ,appalachian ,state4 7#e7 ,limitation ,an ,appalachian ,state that enters into an agreement to exchange funds under subsection 7d7 for any fiscal year shall not be eligible to receive a grant under this subsection4 7f7 ,transfer from ,,tifia program 7#a7 ,in general ,on ,october #a of each fiscal year1 the ,secretary shall reserve1 for the purpose of funding transfers under paragraph 7#b7 until the transfers are completed1 the amount of ,,tifia carryover balance that exceeds the amount authorized to carry out the ,,tifia program for that fiscal year4 7#b7 ,transfers ,for each fiscal year1 not later than #fj days after the date on which the ,secretary receives the responses to the solicitations under subsection 7c77#a7 or the date on which the full appropriation for that fiscal year is available1 whichever is later1 the ,secretary shall transfer from the ,,tifia program to the program an amount of contract authority and an equal amount of obligation limitation1 to remain available until expended1 that is equal to the lesser of-- 7,a7 the total amount requested by all ,appalachian ,states for the fiscal year under subsection 7c77#a77;,b77i72 7,b7 the total amount requested by all ,appalachian ,states for grants under subsection 7c77#a77;,b77ii72 and 7,c7 the amount reserved under paragraph 7#a74 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 #agj the following3 #aga4 ,balance exchanges for infrastructure program4 4 #aabd4 ,safety incentive programs 7a7 ,in general 7#a7 ,formula safety incentive program ,chapter #a of title #bc1 ,united ,states ,code 7as amended by section #aabc7;a771 is amended by adding at the end the following3 #agb4 ,formula safety incentive program 7a7 ,definitions ,in this section3 7#a7 ,metropolitan planning organization2 urbanized area ,the terms metropolitan planning organization and urbanized area have the meaning given those terms in section #acd7;b74 7#b7 ,transportation management area ,the term transportation management area means a transportation management area identified or designated by the ,secretary under section #acd7k77#a74 7#c7 ,vulnerable road user ,the term vulnerable road user means a nonmotorist 7as that term is used in the ,fatality ,analysis ,reporting ,system of the ,national ,highway ,traffic ,safety ,administration74 7#d7 ,vulnerable road user safety focus area ,the term vulnerable road user safety focus area means-- 7,a7 an urbanized area with combined fatality rate of vulnerable road users that is greater than #a4e per #ajj1jjj individuals2 or 7,b7 a ,state in which fatalities of vulnerable road users combined represents not less than #ae percent of the total annual crash fatalities in the ,state4 7b7 ,formula funding awards 7#a7 ,in general ,for each fiscal year1 the ,secretary shall distribute among the ,states the amounts made available to carry out this section for that fiscal year in accordance with paragraph 7#b74 7#b7 ,distribution ,the amount for each ,state shall be determined by multiplying the total amount of funding made available to carry out this section for the applicable fiscal year by the ratio that-- 7,a7 the total base apportionment for the ,state under section #ajd7;c72 bears to 7,b7 the total base apportionments for all ,states under section #ajd7;c74 7c7 ,safety supplemental 7#a7 ,in general ,a ,state shall use #ej percent of the amount distributed to the ,state under subsection 7b7 for each fiscal year to carry out the eligible activities under paragraph 7#b74 7#b7 ,eligible activities 7,a7 ,states ,subject to paragraph 7#d77;,a71 a ,state shall use the funds under paragraph 7#a7 for a highway safety improvement project or strategy included on the ,state strategic highway safety plan 7as defined in section #adh7;a77 of the ,state4 7,b7 ,m,p,os ,subject to paragraph 7#d77;,b71 a metropolitan planning organization that is required to obligate funds under subsection 7e7 shall use the funds under paragraph 7#a7 for a highway safety improvement project 7as defined in section #adh7;a774 7#c7 ,federal share ,the ,federal share of the cost of a project carried out with funds under paragraph 7#a7 shall be determined in accordance with section #abj4 7#d7 ,limitation on flexibility 7,a7 ,states ,notwithstanding paragraph 7#b77;,a71 a ,state that is a vulnerable road user safety focus area shall use the funds under paragraph 7#a7 for a highway safety improvement project 7as defined in section #adh7;a77 to improve the safety of vulnerable road users1 regardless of whether the project is included on the ,state strategic highway safety plan 7as defined in section #adh7;a77 of the ,state4 7,b7 ,m,p,os ,notwithstanding paragraph 7#b77;,b71 a metropolitan planning organization that is required to obligate funds under subsection 7e7 that contains an area designated as a vulnerable road user safety focus area shall use the funds under paragraph 7#a7 for a highway safety improvement project 7as defined in section #adh7;a77 to improve the safety of vulnerable road users4 7d7 ,safety planning incentive 7#a7 ,vulnerable road user safety assessments 7,a7 ,in general ,a ,state may1 in consultation with metropolitan planning organizations within the ,state1 develop and publish a ,state vulnerable road user safety assessment described in subparagraph 7,b74 7,b7 ,state vulnerable road user safety assessment described ,a vulnerable road user safety assessment referred to in subparagraph 7,a7 is an assessment of the safety performance of the ,state with respect to vulnerable road users and the plan of the ,state1 developed in consultation with the metropolitan planning organizations within the ,state1 if any1 to improve the safety of vulnerable road users1 which shall-- 7i7 include the approximate location within the ,state of each vulnerable road user fatality during the most recently reported #b-year period of final data from the ,fatality ,analysis ,reporting ,system of the ,national ,highway ,traffic ,safety ,administration and the operating speed of the roadway at that location2 7ii7 include the corridors within the ,state on which a vulnerable road user fatality has occurred during the most recently reported #b-year period of final data from the ,fatality ,analysis ,reporting ,system of the ,national ,highway ,traffic ,safety ,administration and the operating speeds of those corridors2 7iii7 include a list of projects within the ,state that primarily address the safety of vulnerable road users that-- 7,i7 have been completed during the #b most recent fiscal years prior to date of the publication of the vulnerable road user safety assessment1 including the amount of funding that has been dedicated to those projects1 described in total amounts and as a percentage of total capital expenditures2 7,,ii7 are planned to be completed during the #b fiscal years following the date of the publication of the vulnerable road user assessment1 including the amount of funding that the ,state plans to be dedicated to those projects1 described in total amounts and as a percentage of total capital expenditures2 and 7,,iii7 have the potential to be included on the list described in subclause 7,,ii7 once the permitting and approval processes for those projects are complete1 including the reason for the delay in the completion of those processes1 if any2 and 7iv7 be reviewed and certified by the ,secretary to have met the requirements of this subparagraph4 7#b7 ,acceleration of safety project delivery ,for each project identified by a ,state under paragraph 7#a77;,b77iii77,,iii71 to the maximum extent practicable1 the ,secretary1 in consultation with the ,state1 shall use the authority under section #adbj of the ,,fast ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aad-id7 to accelerate delivery of the project4 7#c7 ,safety plan incentive ,a ,state shall use #ej percent of the amounts made available to the ,state under subsection 7b7 for each fiscal year to carry out eligible activities under paragraph 7#d74 7#d7 ,eligible activities 7,a7 ,in general ,a ,state and any metropolitan planning organization in the ,state that is required to obligate funds under subsection 7e7 may use funds under paragraph 7#c7 for a project or strategy described in subsection 7b77#b74 7,b7 ,additional eligibility incentive ,in addition to the eligible activities under subparagraph 7,a71 a ,state and any metropolitan planning organization in the ,state that is required to obligate funds under subsection 7e7 may use the funds under paragraph 7#c7 for a project eligible under section #acc7;b7 if-- 7i7 the ,state has1 within the fiscal year prior to the fiscal year in which the ,secretary is making the grant or by a deadline established by the ,secretary in the fiscal year in which the ,secretary is making the grant1 conducted and published a vulnerable road user safety assessment described in paragraph 7#a77;,b7 that has been approved by the ,secretary under clause 7iv7 of that paragraph2 or 7ii7 for a ,state that has previously published a vulnerable road user safety assessment described in paragraph 7#a77;,b7 that has been approved by the ,secretary under clause 7iv7 of that paragraph-- 7,i7 the ,state has1 within the fiscal year prior to the fiscal year in which the ,secretary is making the grant or by a deadline established by the ,secretary in the fiscal year in which the ,secretary is making the grant1 updated the estimates described in clauses 7i7 and 7ii7 of paragraph 7#a77;,b72 and 7,,ii7 the ,state and the metropolitan planning organization have1 within the #d fiscal years prior to the fiscal year in which the ,secretary is making the grant or by a deadline established by the ,secretary in the fiscal year in which the ,secretary is making the grant1 incorporated a vulnerable road user safety assessment described in paragraph 7#a77;,b7 into-- 7aa7 a long-range transportation plan developed by the metropolitan planning organization under section #acd7;c71 if any2 and 7bb7 the long-range statewide transportation plan developed by the ,state under section #ace7;f77#a74 7#e7 ,federal share ,the ,federal share of the cost of a project carried out using funds under paragraph 7#c7-- 7,a7 in the case of a ,state or metropolitan planning organization within a ,state that meets the requirements under paragraph 7#d77;,b71 may be up to #ajj percent1 at the discretion of the ,state2 and 7,b7 in the case of a ,state or metropolitan planning organization within a ,state that is not described in subparagraph 7,a71 shall be determined in accordance with section #abj4 7e7 ,suballocation requirements 7#a7 ,in general ,for each fiscal year1 of the funds made available to a ,state under subsections 7c7 and 7d7-- 7,a7 #fe percent of each amount shall be obligated1 in proportion to their relative shares of the population of the ,state-- 7i7 in urbanized areas of the ,state with an urbanized area population of over #bjj1jjj2 and 7ii7 in other areas of the ,state2 and 7,b7 the remainder may be obligated in any area of the ,state4 7#b7 ,metropolitan areas ,funds attributed to an urbanized area under paragraph 7#a77;,a77i7 may be obligated in the metropolitan area established under section #acd that encompasses the urbanized area4 7#c7 ,distribution among urbanized areas of over #bjj1jjj population 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amount that a ,state is required to obligate under paragraph 7#a77;,a77i7 shall be obligated in urbanized areas described in paragraph 7#a77;,a77i7 based on the relative population of the areas4 7,b7 ,other factors ,the ,state may obligate the funds described in subparagraph 7,a7 based on other factors if-- 7i7 the ,state and the relevant metropolitan planning organizations jointly apply to the ,secretary for the permission to base the obligation on other factors2 and 7ii7 the ,secretary grants the request4 7#d7 ,consultation in urbanized areas ,before obligating funds for an activity under subsections 7c7 or 7d7 in an urbanized area that is not a transportation management area1 a ,state shall consult with any metropolitan planning organization that represents the urbanized area prior to determining which activities should be carried out4 7#e7 ,consultation in rural areas ,before obligating funds for an eligible activity under subsections 7c7 and 7d7 in a rural area1 a ,state shall consult with any regional transportation planning organization or metropolitan planning organization that represents a rural area of the ,state prior to determining which activities should be carried out4 #agc4 ,fatality reduction performance program 7a7 ,definitions ,in this section3 7#a7 ,metropolitan planning organization2 urbanized area ,the terms metropolitan planning organization and urbanized area have the meaning given those terms in section #acd7;b74 7#b7 ,qualifying ,state ,the term qualifying ,state means a ,state in which-- 7,a7 the average fatality and serious injury rates per #ajj1jjj1jjj vehicle-miles-traveled within the ,state during the #c-year period beginning on ,january #a of the fiscal year that was #c years prior to the fiscal year in which the ,secretary is making the grant under this section has grown more slowly or declined1 as compared to the average fatality and serious injury rates per #ajj1jjj1jjj vehicle-miles-traveled within the ,state during the #c-year period beginning on ,january #a of the fiscal year that was #f years prior to the fiscal year in which the ,secretary is making the grant under this section2 7,b7 the average annual number of serious injuries and fatalities within the ,state1 as measured on a per capita basis1 during the #c-year period beginning on ,january #a of the fiscal year that was #c years prior to the fiscal year in which the ,secretary is making the grant under this section has grown more slowly or declined1 as compared to the average annual number of serious injuries and fatalities within the ,state1 as measured on a per capita basis1 during the #c-year period beginning on ,january #a of the fiscal year that was #f years prior to the fiscal year in which the ,secretary is making the grant under this section2 7,c7 the average annual number of fatalities within the ,state1 as measured on a per capita basis1 during the #c-year period beginning on ,january #a of the fiscal year that was #c years prior to the fiscal year in which the ,secretary is making the grant under this section is less than #a_/b of the nationwide average annual per capita number of fatalities during that period2 or 7,d7 7i7 the performance targets set by the ,state under subsection 7d77#a7 of section #aej1 in accordance with subsection 7c77#d7 of that section1 in the most recently completed performance cycle prior to the year in which the ,secretary is making the funds available under this section demonstrate a reduction in the number and rate of serious injuries and fatalities2 and 7ii7 the ,state has met or exceeded the performance targets described in clause 7i74 7#c7 ,qualifying unit of local government ,the term qualifying unit of local government means a unit of local government in an urbanized area served by a metropolitan planning organization in which-- 7,a7 the average fatality and serious injury rates per #ajj1jjj1jjj vehicle-miles-traveled within the urbanized area during the #c-year period beginning on ,january #a of the fiscal year that was #c years prior to the fiscal year in which the ,secretary is making the grant under this section has grown more slowly or declined1 as compared to the average fatality and serious injury rates per #ajj1jjj1jjj vehicle-miles-traveled within the urbanized area during the #c-year period beginning on ,january #a of the fiscal year that was #f years prior to the fiscal year in which the ,secretary is making the grant under this section2 7,b7 the average annual number of serious injuries and fatalities within the urbanized area1 as measured on a per capita basis1 during the #c-year period beginning on ,january #a of the fiscal year that was #c years prior to the fiscal year in which the ,secretary is making the grant under this section has grown more slowly or declined1 as compared to the average annual per capita number of serious injuries and fatalities within the urbanized area during the #c-year period beginning on ,january #a of the fiscal year that was #f years prior to the fiscal year in which the ,secretary is making the grant under this section2 7,c7 the average annual number of fatalities within the urbanized area1 as measured on a per capita basis1 during the #c-year period beginning on ,january #a of the fiscal year that was #c years prior to the fiscal year in which the ,secretary is making the grant under this section is less than #a_/b of the nationwide average annual per capita number of fatalities during that period2 or 7,d7 7i7 the performance targets set for the urbanized area under section #aej7;c77#d71 in accordance with section #acd7;h77#b77;,b77i71 in the most recently completed performance cycle prior to the year in which the ,secretary is making the grant under this section demonstrate a reduction in the number and rate of serious injuries and fatalities2 and 7ii7 the urbanized area has met or exceeded the performance targets described in clause 7i74 7#d7 ,serious injuries and fatalities ,the term serious injuries and fatalities means serious injuries and fatalities1 as measured in accordance with the measures established under section #aej7;c77#d74 7b7 ,fatality reduction performance and planning recognition awards 7#a7 ,in general ,the ,secretary shall establish a competitive grant program to award grants to eligible entities in recognition of the achievement of the eligible entity in meeting the performance categories described in paragraph 7#c77;,a74 7#b7 ,eligible entities ,the ,secretary shall distribute amounts under paragraph 7#a7 to any of the following3 7,a7 ,a qualifying ,state4 7,b7 ,a qualifying unit of local government4 7#c7 ,performance categories 7,a7 ,in general ,the ,secretary shall select eligible entities to receive a grant under paragraph 7#a7 to recognize the achievement of the eligible entity in meeting any of the following performance categories3 7i7 ,significant progress in reducing serious injuries and fatalities1 as measured on a per capita basis4 7ii7 ,significant progress in reducing the rates of serious injuries and fatalities per vehicle-mile traveled4 7iii7 ,having a per capita number of serious injuries and fatalities that is among the lowest of jurisdictions with comparable population and surface transportation system characteristics4 7iv7 ,having a per vehicle-mile traveled number of serious injuries and fatalities that is among the lowest of jurisdictions with comparable population and surface transportation system characteristics4 7v7 ,innovative safety planning efforts and implementation of plans leading to achievement with respect to the reduction of serious injuries and fatalities4 7,b7 ,merit based distribution ,in selecting among eligible entities to receive grants under paragraph 7#a7 and the amounts of each of those grants1 the ,secretary shall give priority to eligible entities that have achieved the most significant levels of reduction in serious injuries and fatalities1 as measured either on a per capita basis or per-vehicle mile traveled basis4 7,c7 ,multiple awards ,the ,secretary may-- 7i7 award a grant under paragraph 7#a7 to multiple eligible entities for each performance category described in subparagraph 7,a72 and 7ii7 recognize achievements in each performance category described in subparagraph 7,a7-- 7,i7 in urban and rural areas2 and 7,,ii7 on the ,state and local level4 7,d7 ,repeat awards ,the ,secretary may not award a grant under this subsection to the same eligible entity more than once during a #b-year period4 7#d7 ,award amount ,a grant under paragraph 7#a7 shall be in an amount-- 7,a7 not less than #e1jjj1jjj2 and 7,b7 not more than #cj1jjj1jjj4 7#e7 ,eligible uses ,an eligible entity may use a grant under paragraph 7#a7 for-- 7,a7 an activity eligible under this title2 or 7,b7 a project-- 7i7 to maintain the condition of a ,federal-aid highway1 including routine maintenance2 or 7ii7 that-- 7,i7 responds to a specific condition or event2 and 7,,ii7 restores a ,federal-aid highway to a functional state of operations4 7#f7 ,applications ,to be eligible to receive a grant under paragraph 7#a71 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#g7 ,federal share ,the ,federal share of the cost of a project carried out using a grant under paragraph 7#a7 shall be1 as determined at the discretion of the grant recipient1 up to #ajj percent4 4 7#b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code 7as amended by section #aabc7;b771 is amended by inserting after the item relating to section #aga the following3 #agb4 ,formula safety incentive program4#agc4 ,fatality reduction performance program4 4 7b7 ,vulnerable road user research plan 7#a7 ,definitions ,in this subsection3 7,a7 ,administrator ,the term ,administrator means the ,secretary of ,transportation1 acting through the ,administrator of the ,federal ,highway ,administration4 7,b7 ,vulnerable road user ,the term vulnerable road user has the meaning given the term in section #agb7;a7 of title #bc1 ,united ,states ,code4 7#b7 ,establishment of research plan ,the ,administrator shall establish a research plan to prioritize research on roadway designs1 the development of safety countermeasures to minimize fatalities and serious injuries to vulnerable road users1 and the promotion of bicycling and walking1 including research relating to-- 7,a7 roadway safety improvements1 including traffic calming techniques and vulnerable road user accommodations appropriate in a suburban arterial context2 7,b7 the impacts of traffic speeds1 and access to low-traffic stress corridors1 on safety and rates of bicycling and walking2 7,c7 tools to evaluate the impact of transportation improvements on projected rates and safety of bicycling and walking2 and 7,d7 other research areas to be determined by the ,administrator4 7#c7 ,vulnerable road user assessments ,the ,administrator shall-- 7,a7 review each vulnerable road user safety assessment submitted by a ,state under section #agb7;c7 of title #bc1 ,united ,states ,code1 and other relevant sources of data to determine what1 if any1 standard definitions and methods should be developed through guidance to enable a ,state to collect pedestrian injury and fatality data2 and 7,b7 in the first progress update under paragraph 7#d77;,b71 provide-- 7i7 the results of the determination described in subparagraph 7,a72 and 7ii7 the recommendations of the ,secretary with respect to the collection and reporting of data on the safety of vulnerable road users4 7#d7 ,submission2 publication 7,a7 ,submission of plan ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives the research plan described in paragraph 7#b74 7,b7 ,progress updates ,not later than #b years after the date of enactment of this ,act1 and biannually thereafter1 the ,administrator shall submit to the ,committees described in subparagraph 7,a7-- 7i7 updates on the progress and findings of the research conducted pursuant to the plan described in paragraph 7#b72 and 7ii7 in the first submission under this subparagraph1 the results and recommendations described in paragraph 7#c77;,b74 #aabe4 ,wildlife crossing safety 7a7 ,declaration of policy ,section #aja7;b77#c77;,d7 of title #bc1 ,united ,states ,code1 is amended1 in the matter preceding clause 7i71 by inserting resilient1 after efficient14 7b7 ,wildlife crossings pilot program 7#a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code 7as amended by section #aabd7;a77#a771 is amended by adding at the end the following3 #agd4 ,wildlife crossings pilot program 7a7 ,finding ,congress finds that greater adoption of wildlife-vehicle collision safety countermeasures is in the public interest because-- 7#a7 according to the report of the ,federal ,highway ,administration entitled ,wildlife-,vehicle ,collision ,reduction ,study1 there are more than #a1jjj1jjj wildlife-vehicle collisions every year2 7#b7 wildlife-vehicle collisions-- 7,a7 present a danger to-- 7i7 human safety2 and 7ii7 wildlife survival2 and 7,b7 represent a persistent concern that results in tens of thousands of serious injuries and hundreds of fatalities on the roadways of the ,united ,states2 7#c7 the total annual cost associated with wildlife-vehicle collisions has been estimated to be #h1chh1jjj1jjj2 and 7#d7 wildlife-vehicle collisions are a major threat to the survival of species1 including birds1 reptiles1 mammals1 and amphibians4 7b7 ,establishment ,the ,secretary shall establish a competitive wildlife crossings pilot program 7referred to in this section as the pilot program7 to provide grants for projects that seek to achieve-- 7#a7 a reduction in the number of wildlife-vehicle collisions2 and 7#b7 in carrying out the purpose described in paragraph 7#a71 improved habitat connectivity for terrestrial and aquatic species4 7c7 ,eligible entities ,an entity eligible to apply for a grant under the pilot program is-- 7#a7 a ,state highway agency1 or an equivalent of that agency2 7#b7 a metropolitan planning organization 7as defined in section #acd7;b772 7#c7 a unit of local government2 7#d7 a regional transportation authority2 7#e7 a special purpose district or public authority with a transportation function1 including a port authority2 7#f7 an ,indian tribe 7as defined in section #bjg7m77#a771 including a ,native village and a ,native ,corporation 7as those terms are defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb772 7#g7 a ,federal land management agency2 or 7#h7 a group of any of the entities described in paragraphs 7#a7 through 7#g74 7d7 ,applications 7#a7 ,in general ,to be eligible to receive a grant under the pilot program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,requirement ,if an application under paragraph 7#a7 is submitted by an eligible entity other than an eligible entity described in paragraph 7#a7 or 7#g7 of subsection 7c71 the application shall include documentation that the ,state highway agency1 or an equivalent of that agency1 of the ,state in which the eligible entity is located was consulted during the development of the application4 7#c7 ,guidance ,to enhance consideration of current and reliable data1 eligible entities may obtain guidance from an agency in the ,state with jurisdiction over fish and wildlife4 7e7 ,considerations ,in selecting grant recipients under the pilot program1 the ,secretary shall take into consideration the following3 7#a7 ,primarily1 the extent to which the proposed project of an eligible entity is likely to protect motorists and wildlife by reducing the number of wildlife-vehicle collisions and improve habitat connectivity for terrestrial and aquatic species4 7#b7 ,secondarily1 the extent to which the proposed project of an eligible entity is likely to accomplish the following3 7,a7 ,leveraging ,federal investment by encouraging non-,federal contributions to the project1 including projects from public-private partnerships4 7,b7 ,supporting local economic development and improvement of visitation opportunities4 7,c7 ,incorporation of innovative technologies1 including advanced design techniques and other strategies to enhance efficiency and effectiveness in reducing wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species4 7,d7 ,provision of educational and outreach opportunities4 7,e7 ,monitoring and research to evaluate1 compare effectiveness of1 and identify best practices in1 selected projects4 7,f7 ,any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species1 as the ,secretary determines to be appropriate1 subject to the condition that the implementation of the pilot program shall not be delayed in the absence of action by the ,secretary to identify additional criteria under this subparagraph4 7f7 ,use of funds 7#a7 ,in general ,the ,secretary shall ensure that a grant received under the pilot program is used for a project to reduce wildlife-vehicle collisions4 7#b7 ,grant administration 7,a7 ,in general ,a grant received under the pilot program shall be administered by-- 7i7 in the case of a grant to a ,federal land management agency or an ,indian tribe 7as defined in section #bjg7m77#a771 including a ,native village and a ,native ,corporation 7as those terms are defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb771 the ,federal ,highway ,administration1 through an agreement2 and 7ii7 in the case of a grant to an eligible entity other than an eligible entity described in clause 7i71 the ,state highway agency1 or an equivalent of that agency1 for the ,state in which the project is to be carried out4 7,b7 ,partnerships 7i7 ,in general ,a grant received under the pilot program may be used to provide funds to eligible partners of the project for which the grant was received described in clause 7ii71 in accordance with the terms of the project agreement4 7ii7 ,eligible partners described ,the eligible partners referred to in clause 7i7 include-- 7,i7 a metropolitan planning organization 7as defined in section #acd7;b772 7,,ii7 a unit of local government2 7,,iii7 a regional transportation authority2 7,,iv7 a special purpose district or public authority with a transportation function1 including a port authority2 7,v7 an ,indian tribe 7as defined in section #bjg7m77#a771 including a ,native village and a ,native ,corporation 7as those terms are defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb772 7,,vi7 a ,federal land management agency2 7,,vii7 a foundation1 nongovernmental organization1 or institution of higher education2 7,,viii7 a ,federal1 ,tribal1 regional1 or ,state government entity2 and 7,,ix7 a group of any of the entities described in subclauses 7,i7 through 7,,viii74 7#c7 ,compliance ,an eligible entity that receives a grant under the pilot program and enters into a partnership described in paragraph 7#b7 shall establish measures to verify that an eligible partner that receives funds from the grant complies with the conditions of the pilot program in using those funds4 7g7 ,requirement ,the ,secretary shall ensure that not less than #fj percent of the amounts made available for grants under the pilot program each fiscal year are for projects located in rural areas4 7h7 ,annual report to ,congress 7#a7 ,in general ,not later than ,december #ca of each calendar year1 the ,secretary shall submit to ,congress1 and make publicly available1 a report describing the activities under the pilot program for the fiscal year that ends during that calendar year4 7#b7 ,contents ,the report under paragraph 7#a7 shall include-- 7,a7 a detailed description of the activities carried out under the pilot program2 7,b7 an evaluation of the effectiveness of the pilot program in meeting the purposes described in subsection 7b72 and 7,c7 policy recommendations to improve the effectiveness of the pilot program4 4 7#b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code 7as amended by section #aabd7;a77#b771 is amended by inserting after the item relating to section #agc the following3 #agd4 ,wildlife crossings pilot program44 7c7 ,wildlife vehicle collision reduction and habitat connectivity improvement 7#a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code 7as amended by subsection 7b77#a771 is amended by adding at the end the following3 #age4 ,wildlife-vehicle collision reduction and habitat connectivity improvement 7a7 ,study 7#a7 ,in general ,the ,secretary shall conduct a study 7referred to in this subsection as the study7 of the state1 as of the date of the study1 of the practice of methods to reduce collisions between motorists and wildlife 7referred to in this section as wildlife-vehicle collisions74 7#b7 ,contents 7,a7 ,areas of study ,the study shall-- 7i7 update and expand on1 as appropriate-- 7,i7 the report entitled ,wildlife ,vehicle ,collision ,reduction ,study3 #bjjh ,report to ,congress2 and 7,,ii7 the document entitled ,wildlife ,vehicle ,collision ,reduction ,study3 ,best ,practices ,manual and dated ,october #bjjh2 and 7ii7 include-- 7,i7 an assessment1 as of the date of the study1 of-- 7aa7 the causes of wildlife-vehicle collisions2 7bb7 the impact of wildlife-vehicle collisions on motorists and wildlife2 and 7cc7 the impacts of roads and traffic on habitat connectivity for terrestrial and aquatic species2 and 7,,ii7 solutions and best practices for-- 7aa7 reducing wildlife-vehicle collisions2 and 7bb7 improving habitat connectivity for terrestrial and aquatic species4 7,b7 ,methods ,in carrying out the study1 the ,secretary shall-- 7i7 conduct a thorough review of research and data relating to-- 7,i7 wildlife-vehicle collisions2 and 7,,ii7 habitat fragmentation that results from transportation infrastructure2 7ii7 survey current practices of the ,department of ,transportation and ,state departments of transportation to reduce wildlife-vehicle collisions2 and 7iii7 consult with-- 7,i7 appropriate experts in the field of wildlife-vehicle collisions2 and 7,,ii7 appropriate experts on the effects of roads and traffic on habitat connectivity for terrestrial and aquatic species4 7#c7 ,report 7,a7 ,in general ,not later than #ah months after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai1 the ,secretary shall submit to ,congress a report on the results of the study4 7,b7 ,contents ,the report under subparagraph 7,a7 shall include-- 7i7 a description of-- 7,i7 the causes of wildlife-vehicle collisions2 7,,ii7 the impacts of wildlife-vehicle collisions2 and 7,,iii7 the impacts of roads and traffic on-- 7aa7 species listed as threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7bb7 species identified by ,states as species of greatest conservation need2 7cc7 species identified in ,state wildlife plans2 and 7dd7 medium and small terrestrial and aquatic species2 7ii7 an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species1 including the effect on jobs1 property values1 and economic growth to society1 adjacent communities1 and landowners2 7iii7 recommendations for preventing wildlife-vehicle collisions1 including recommended best practices1 funding resources1 or other recommendations for addressing wildlife-vehicle collisions2 and 7iv7 guidance1 developed in consultation with ,federal land management agencies and ,state departments of transportation1 ,state fish and wildlife agencies1 and ,tribal governments that agree to participate1 for developing1 for each ,state that agrees to participate1 a voluntary joint statewide transportation and wildlife action plan-- 7,i7 to address wildlife-vehicle collisions2 and 7,,ii7 to improve habitat connectivity for terrestrial and aquatic species4 7b7 ,workforce development and technical training 7#a7 ,in general ,not later than #c years after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai1 the ,secretary shall1 based on the study conducted under subsection 7a71 develop a series of in-person and online workforce development and technical training courses-- 7,a7 to reduce wildlife-vehicle collisions2 and 7,b7 to improve habitat connectivity for terrestrial and aquatic species4 7#b7 ,availability ,the ,secretary shall-- 7,a7 make the series of courses developed under paragraph 7#a7 available for transportation and fish and wildlife professionals2 and 7,b7 update the series of courses not less frequently than once every #b years4 7c7 ,standardization of wildlife collision and carcass data 7#a7 ,standardized methodology 7,a7 ,in general ,the ,secretary1 acting through the ,administrator of the ,federal ,highway ,administration 7referred to in this subsection as the ,secretary71 shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and carcass data for the ,national ,highway ,system1 considering the practicability of the methodology with respect to technology and cost4 7,b7 ,methodology ,in developing the standardized methodology under subparagraph 7,a71 the ,secretary shall-- 7i7 survey existing methodologies and sources of data collection1 including the ,fatality ,analysis ,reporting ,system1 the ,general ,estimates ,system of the ,national ,automotive ,sampling ,system1 and the ,highway ,safety ,information ,system2 and 7ii7 to the extent practicable1 identify and correct limitations of those existing methodologies and sources of data collection4 7,c7 ,consultation ,in developing the standardized methodology under subparagraph 7,a71 the ,secretary shall consult with-- 7i7 the ,secretary of the ,interior2 7ii7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 7iii7 ,tribal1 ,state1 and local transportation and wildlife authorities2 7iv7 metropolitan planning organizations 7as defined in section #acd7;b772 7v7 members of the ,american ,association of ,state ,highway ,transportation ,officials2 7vi7 members of the ,association of ,fish and ,wildlife ,agencies2 7vii7 experts in the field of wildlife-vehicle collisions2 7viii7 nongovernmental organizations2 and 7ix7 other interested stakeholders1 as appropriate4 7#b7 ,standardized national data system with voluntary template implementation ,the ,secretary shall-- 7,a7 develop a template for ,state implementation of a standardized national wildlife collision and carcass data system for the ,national ,highway ,system that is based on the standardized methodology developed under paragraph 7#a72 and 7,b7 encourage the voluntary implementation of the template developed under subparagraph 7,a74 7#c7 ,reports 7,a7 ,methodology ,the ,secretary shall submit to ,congress a report describing the standardized methodology developed under paragraph 7#a7 not later than the later of-- 7i7 the date that is #ah months after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai2 and 7ii7 the date that is #ahj days after the date on which the ,secretary completes the development of the standardized methodology4 7,b7 ,implementation ,not later than #d years after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai1 the ,secretary shall submit to ,congress a report describing-- 7i7 the status of the voluntary implementation of the standardized methodology developed under paragraph 7#a7 and the template developed under paragraph 7#b77;,a72 7ii7 whether the implementation of the standardized methodology developed under paragraph 7#a7 and the template developed under paragraph 7#b77;,a7 has impacted efforts by ,states1 units of local government1 and other entities-- 7,i7 to reduce the number of wildlife-vehicle collisions2 and 7,,ii7 to improve habitat connectivity2 7iii7 the degree of the impact described in clause 7ii72 and 7iv7 the recommendations of the ,secretary1 including recommendations for further study aimed at reducing motorist collisions involving wildlife and improving habitat connectivity for terrestrial and aquatic species on the ,national ,highway ,system1 if any4 7d7 ,national threshold guidance ,the ,secretary shall-- 7#a7 establish guidance1 to be carried out by ,states on a voluntary basis1 that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species1 taking into consideration-- 7,a7 the number of wildlife-vehicle collisions on the highway that pose a human safety risk2 7,b7 highway-related mortality and the effects of traffic on the highway on-- 7i7 species listed as endangered species or threatened species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7ii7 species identified by a ,state as species of greatest conservation need2 7iii7 species identified in ,state wildlife plans2 and 7iv7 medium and small terrestrial and aquatic species2 and 7,c7 habitat connectivity values for terrestrial and aquatic species and the barrier effect of the highway on the movements and migrations of those species4 4 7#b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code 7as amended by subsection 7b77#b771 is amended by inserting after the item relating to section #agd the following3 #age4 ,wildlife-vehicle collision reduction and habitat connectivity improvement44 7d7 ,wildlife crossings standards ,section #aji7;c77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,e71 by striking and at the end2 7#b7 by redesignating subparagraph 7,f7 as subparagraph 7,g72 and 7#c7 by inserting after subparagraph 7,e7 the following3 7,f7 the publication of the ,federal ,highway ,administration entitled ,wildlife ,crossing ,structure ,handbook3 ,design and ,evaluation in ,north ,america and dated ,march #bjaa2 and 4 7e7 ,wildlife habitat connectivity and national bridge and tunnel inventory and inspection standards ,section #add of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,b71 by inserting 1 resilience1 after safety2 7,b7 in subparagraph 7,d71 by striking and at the end2 7,c7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7,f7 to ensure adequate passage of aquatic and terrestrial species1 where appropriate4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#d71 by striking and at the end2 7,b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#f7 determine if the replacement or rehabilitation of bridges and tunnels should include measures to enable safe and unimpeded movement for terrestrial and aquatic species4 2 and 7#c7 in subsection 7i71 by adding at the end the following3 7#c7 ,requirement ,the first revision under paragraph 7#b7 after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai shall include techniques to assess passage of aquatic and terrestrial species and habitat restoration potential4 4 #aabf4 ,consolidation of programs ,section #aeai7;a7 of ,,map-#ba 7,public ,law #aab-ada2 #abf ,stat4 #egd2 #abi ,stat4 #adbc7 is amended1 in the matter preceding paragraph 7#a71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjba through #bjbe4 #aabg4 ,state freight advisory committees ,section #gjbja of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking representatives of ports1 freight railroads1 and all that follows through the period at the end and inserting the following3 representatives of-- 7#a7 ports2 7#b7 freight railroads2 7#c7 shippers2 7#d7 carriers2 7#e7 freight-related associations2 7#f7 third-party logistics providers2 7#g7 the freight industry workforce2 7#h7 the transportation department of the ,state2 7#i7 metropolitan planning organizations2 7#aj7 local governments2 7#aa7 the environmental protection department of the ,state1 if applicable2 7#ab7 the air resources board of the ,state1 if applicable2 and 7#ac7 economic development agencies of the ,state4 2 7#b7 in subsection 7b77#e71 by striking #gjbjb4 and inserting #gjbjb1 including by providing advice regarding the development of the freight investment plan2 and2 7#c7 by redesignating subsection 7b7 as subsection 7c72 and 7#d7 by inserting after subsection 7a7 the following3 7b7 ,qualifications ,each member of a freight advisory committee established under subsection 7a7 shall have qualifications sufficient to serve on a freight advisory committee1 including1 as applicable-- 7#a7 general business and financial experience2 7#b7 experience or qualifications in the areas of freight transportation and logistics2 7#c7 experience in transportation planning2 7#d7 experience representing employees of the freight industry2 or 7#e7 experience representing a ,state1 local government1 or metropolitan planning organization4 4 #aabh4 ,territorial and ,puerto ,rico highway program ,section #afe of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 for the ,puerto ,rico highway program under subsection 7b7-- 7,a7 #afa1ejj1jjj shall be for fiscal year #bjba2 7,b7 #afe1jjj1jjj shall be for fiscal year #bjbb2 7,c7 #afh1jjj1jjj shall be for fiscal year #bjbc2 7,d7 #aga1jjj1jjj shall be for fiscal year #bjbd2 and 7,e7 #age1ejj1jjj shall be for fiscal year #bjbe2 and 7#b7 for the territorial highway program under subsection 7c7-- 7,a7 #dc1jjj1jjj shall be for fiscal year #bjba2 7,b7 #dc1jjj1jjj shall be for fiscal year #bjbb2 7,c7 #dd1jjj1jjj shall be for fiscal year #bjbc2 7,d7 #de1jjj1jjj shall be for fiscal year #bjbd2 and 7,e7 #df1jjj1jjj shall be for fiscal year #bjbe4 2 and 7#b7 in subsection 7c77#g71 by striking paragraphs 7#a7 through 7#d7 of section #acc7;c7 and section #acc7;b77#ab7 and inserting paragraphs 7#a71 7#b71 7#c71 and 7#e7 of section #acc7;c7 and section #acc7;b77#ac74 ,b ,planning and performance management #abja4 ,transportation planning 7a7 ,metropolitan transportation planning ,section #acd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#c71 by adding at the end the following3 7,d7 ,considerations ,in designating officials or representatives under paragraph 7#b7 for the first time1 subject to the bylaws or enabling statute of the metropolitan planning organization1 the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area4 2 and 7,b7 in paragraph 7#g7-- 7i7 by striking an existing metropolitan planning area and inserting an urbanized area 7as defined by the ,bureau of the ,census72 and 7ii7 by striking the existing metropolitan planning area and inserting the area2 7#b7 in subsection 7g7-- 7,a7 in paragraph 7#a71 by striking a metropolitan area and inserting an urbanized area 7as defined by the ,bureau of the ,census72 and 7,b7 by adding at the end the following3 7#d7 ,coordination between ,m,p,os ,if more than #a metropolitan planning organization is designated within an urbanized area 7as defined by the ,bureau of the ,census7 under subsection 7d77#g77;,a71 the metropolitan planning organizations designated within the area shall ensure1 to the maximum extent practicable1 the consistency of any data used in the planning process1 including information used in forecasting travel demand4 7#e7 ,savings clause ,nothing in this subsection requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents1 including a unified long-range transportation plan or unified ,,tip4 2 and 7#c7 in subsection 7i77#f71 by adding at the end the following3 7,d7 ,use of technology ,a ,state may use social media and other web-based tools-- 7i7 to further encourage public participation2 and 7ii7 to solicit public feedback during the transportation planning process4 4 7b7 ,statewide and nonmetropolitan transportation planning ,section #ace7;f77#c7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7,c7 ,use of technology ,a ,state may use social media and other web-based tools-- 7i7 to further encourage public participation2 and 7ii7 to solicit public feedback during the transportation planning process4 4 #abjb4 ,fiscal constraint on long-range transportation plans ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall amend section #dej4cbd7;f77#aa77v7 of title #bc1 ,code of ,federal ,regulations1 to ensure that the outer years of a metropolitan transportation plan are defined as beyond the first #d years4 #abjc4 ,state human capital plans 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code 7as amended by section #aabe7;c77#a771 is amended by adding at the end the following3 #agf4 ,state human capital plans 7a7 ,in general ,not later than #ah months after the date of enactment of this section1 the ,secretary shall encourage each ,state to develop a voluntary plan1 to be known as a human capital plan1 that provides for the immediate and long-term personnel and workforce needs of the ,state with respect to the capacity of the ,state to deliver transportation and public infrastructure eligible under this title4 7b7 ,plan contents 7#a7 ,in general ,a human capital plan developed by a ,state under subsection 7a7 shall1 to the maximum extent practicable1 take into consideration-- 7,a7 significant transportation workforce trends1 needs1 issues1 and challenges with respect to the ,state2 7,b7 the human capital policies1 strategies1 and performance measures that will guide the transportation-related workforce investment decisions of the ,state2 7,c7 coordination with educational institutions1 industry1 organized labor1 workforce boards1 and other agencies or organizations to address the human capital transportation needs of the ,state2 7,d7 a workforce planning strategy that identifies current and future human capital needs1 including the knowledge1 skills1 and abilities needed to recruit and retain skilled workers in the transportation industry2 7,e7 a human capital management strategy that is aligned with the transportation mission1 goals1 and organizational objectives of the ,state2 7,f7 an implementation system for workforce goals focused on addressing continuity of leadership and knowledge sharing across the ,state2 7,g7 an implementation system that addresses workforce competency gaps1 particularly in mission-critical occupations2 7,h7 in the case of public-private partnerships or other alternative project delivery methods to carry out the transportation program of the ,state1 a description of workforce needs-- 7i7 to ensure that the transportation mission1 goals1 and organizational objectives of the ,state are fully carried out2 and 7ii7 to ensure that procurement methods provide the best public value2 7,i7 a system for analyzing and evaluating the performance of the ,state department of transportation with respect to all aspects of human capital management policies1 programs1 and activities2 and 7,j7 the manner in which the plan will improve the ability of the ,state to meet the national policy in support of performance management established under section #aej4 7#b7 ,planning period ,if a ,state develops a human capital plan under subsection 7a71 the plan shall address a #e-year forecast period4 7c7 ,plan updates ,if a ,state develops a human capital plan under subsection 7a71 the ,state shall update the plan not less frequently than once every #e years4 7d7 ,relationship to long-,range plan 7#a7 ,in general ,subject to paragraph 7#b71 a human capital plan developed by a ,state under subsection 7a7 may be developed separately from1 or incorporated into1 the long-range statewide transportation plan required under section #ace4 7#b7 ,effect of section ,nothing in this section requires a ,state1 or authorizes the ,secretary to require a ,state1 to incorporate a human capital plan into the long-range statewide transportation plan required under section #ace4 7e7 ,public availability ,each ,state that develops a human capital plan under subsection 7a7 shall make a copy of the plan available to the public in a user-friendly format on the website of the ,state department of transportation4 7f7 ,savings provision ,nothing in this section prevents a ,state from carrying out transportation workforce planning-- 7#a7 not described in this section2 or 7#b7 not in accordance with this section4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code 7as amended by section #aabe7;c77#b771 is amended by inserting after the item relating to section #age the following3 #agf4 ,state human capital plans4 4 #abjd4 ,accessibility data pilot program 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish an accessibility data pilot program 7referred to in this section as the pilot program74 7b7 ,purpose ,the purpose of the pilot program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program to improve the transportation planning of those eligible entities by-- 7#a7 measuring the level of access by multiple transportation modes to important destinations1 which may include-- 7,a7 jobs1 including areas with a concentration of available jobs2 7,b7 health care facilities2 7,c7 child care services2 7,d7 educational and workforce training facilities2 7,e7 affordable housing2 7,f7 food sources2 and 7,g7 connections between modes1 including connections to-- 7i7 high-quality transit or rail service2 7ii7 safe bicycling corridors2 and 7iii7 safe sidewalks that achieve compliance with applicable requirements of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7#b7 disaggregating the level of access by multiple transportation modes by a variety of population categories1 which may include-- 7,a7 low-income populations2 7,b7 minority populations2 7,c7 age2 7,d7 disability2 and 7,e7 geographical location2 and 7#c7 assessing the change in accessibility that would result from new transportation investments4 7c7 ,eligible entities ,an entity eligible to participate in the pilot program is-- 7#a7 a ,state 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code72 7#b7 a metropolitan planning organization2 or 7#c7 a rural transportation planning organization4 7d7 ,application ,to be eligible to participate in the pilot program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including information relating to-- 7#a7 previous experience of the eligible entity measuring transportation access or other performance management experience2 7#b7 the types of important destinations to which the eligible entity intends to measure access2 7#c7 the types of data disaggregation the eligible entity intends to pursue2 7#d7 a general description of the methodology the eligible entity intends to apply2 and 7#e7 if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant1 a description of the geographic area in which the applicant intends the pilot program to apply4 7e7 ,selection 7#a7 ,in general ,the ,secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that shall include-- 7,a7 ,states2 7,b7 metropolitan planning organizations that serve an area with a population of #bjj1jjj people or fewer2 7,c7 metropolitan planning organizations that serve an area with a population of over #bjj1jjj people2 and 7,d7 rural transportation planning organizations4 7#b7 ,inclusions ,the ,secretary shall seek to ensure that1 among the eligible entities selected under paragraph 7#a71 there is-- 7,a7 a range of capacity and previous experience with measuring transportation access2 and 7,b7 a variety of proposed methodologies and focus areas for measuring level of access4 7f7 ,duties ,for each eligible entity participating in the pilot program1 the ,secretary shall-- 7#a7 develop or acquire an accessibility data set described in subsection 7b72 and 7#b7 submit the data set to the eligible entity4 7g7 ,methodology ,in calculating the measures for the data set under the pilot program1 the ,secretary shall ensure that methodology is open source4 7h7 ,availability ,the ,secretary shall make an accessibility data set under the pilot program available to-- 7#a7 units of local government within the jurisdiction of the eligible entity participating in the pilot program2 and 7#b7 researchers4 7i7 ,report ,not later than #abj days after the last date on which the ,secretary submits data sets to the eligible entity under subsection 7f71 the ,secretary shall submit to ,congress a report on the results of the program1 including the feasibility of developing and providing periodic accessibility data sets for all ,states1 regions1 and localities4 7j7 ,funding ,the ,secretary shall carry out the pilot program using amounts made available to the ,secretary for administrative expenses to carry out programs under the authority of the ,secretary4 7k7 ,sunset ,the pilot program shall terminate on the date that is #h years after the date on which the pilot program is implemented4 #abje4 ,prioritization process pilot program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a metropolitan planning organization that serves an area with a population of over #bjj1jjj2 and 7,b7 a ,state4 7#b7 ,metropolitan planning organization ,the term metropolitan planning organization has the meaning given the term in section #acd7;b7 of title #bc1 ,united ,states ,code4 7#c7 ,prioritization process pilot program ,the term prioritization process pilot program means the pilot program established under subsection 7b77#a74 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish1 and solicit applications for a prioritization process pilot program4 7#b7 ,purpose ,the purpose of the prioritization process pilot program shall be to support data-driven approaches to planning that1 on completion1 can be evaluated for public benefit4 7c7 ,pilot program administration 7#a7 ,in general ,an eligible entity participating in the prioritization process pilot program shall-- 7,a7 use priority objectives that are developed-- 7i7 in the case of an urbanized area with a population of over #bjj1jjj1 by the metropolitan planning organization that serves the area1 in consultation with the ,state2 7ii7 in the case of an urbanized area with a population of #bjj1jjj or fewer1 by the ,state in consultation with all metropolitan planning organizations in the ,state2 and 7iii7 through a public process that provides an opportunity for public input2 7,b7 assess and score projects and strategies on the basis of-- 7i7 the contribution and benefits of the project or strategy to each priority objective developed under subparagraph 7,a72 7ii7 the cost of the project or strategy relative to the contribution and benefits assessed and scored under clause 7i72 and 7iii7 public support2 7,c7 use the scores assigned under subparagraph 7,b7 to guide project selection in the development of the transportation plan and transportation improvement program2 and 7,d7 ensure that the public-- 7i7 has opportunities to provide public comment on projects before decisions are made on the transportation plan and the transportation improvement program2 and 7ii7 has access to clear reasons why each project or strategy was selected or not selected4 7#b7 ,requirements ,an eligible entity that receives a grant under the prioritization process pilot program shall use the funds as described in each of the following1 as applicable3 7,a7 ,metropolitan transportation planning ,in the case of a metropolitan planning organization that serves an area with a population of over #bjj1jjj1 the entity shall-- 7i7 develop and implement a publicly accessible1 transparent prioritization process for the selection of projects for inclusion on the transportation plan for the metropolitan planning area under section #acd7;i7 of title #bc1 ,united ,states ,code1 and section #ecjc7;i7 of title #di1 ,united ,states ,code1 which shall-- 7,i7 include criteria identified by the metropolitan planning organization1 which may be weighted to reflect the priority objectives developed under paragraph 7#a77;,a71 that the metropolitan planning organization has determined support-- 7aa7 factors described in section #acd7;h7 of title #bc1 ,united ,states ,code1 and section #ecjc7;h7 of title #di1 ,united ,states ,code2 7bb7 targets for national performance measures under section #aej7;b7 of title #bc1 ,united ,states ,code2 7cc7 applicable transportation goals in the metropolitan planning area or ,state set by the applicable transportation agency2 and 7dd7 priority objectives developed under paragraph 7#a77;,a72 7,,ii7 evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause 7,i7 relative to the cost of the proposed project2 and 7,,iii7 use the evaluation under subclause 7,,ii7 to create a ranked list of proposed projects2 and 7ii7 with respect to the priority list under section #acd7;j77#b77;,a7 of title #bc and section #ecjc7;j77#b77;,a7 of title #di1 ,united ,states ,code1 include projects according to the rank of the project under clause 7i77,,iii71 except as provided in subparagraph 7,d74 7,b7 ,statewide transportation planning ,in the case of a ,state1 the ,state shall-- 7i7 develop and implement a publicly accessible1 transparent process for the selection of projects for inclusion on the long-range statewide transportation plan under section #ace7;f7 of title #bc1 ,united ,states ,code1 which shall-- 7,i7 include criteria identified by the ,state1 which may be weighted to reflect statewide priorities1 that the ,state has determined support-- 7aa7 factors described in section #ace7;d7 of title #bc1 ,united ,states ,code1 and section #ecjd7;d7 of title #di1 ,united ,states ,code2 7bb7 national transportation goals under section #aej7;b7 of title #bc1 ,united ,states ,code2 7cc7 applicable transportation goals in the ,state2 and 7dd7 the priority objectives developed under paragraph 7#a77;,a72 7,,ii7 evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause 7,i7 relative to the cost of the proposed project2 and 7,,iii7 use the evaluation under subclause 7,,ii7 to create a ranked list of proposed projects2 and 7ii7 with respect to the statewide transportation improvement program under section #ace7;g7 of title #bc1 ,united ,states ,code1 and section #ecjd7;g7 of title #di1 ,united ,states ,code1 include projects according to the rank of the project under clause 7i77,,iii71 except as provided in subparagraph 7,d74 7,c7 ,additional transportation planning ,if the eligible entity has implemented1 and has in effect1 the requirements under subparagraph 7,a7 or 7,b71 as applicable1 the eligible entity may use any remaining funds from a grant provided under the pilot program for any transportation planning purpose4 7,d7 ,exceptions to priority ranking ,in the case of any project that the eligible entity chooses to include or not include in the transportation improvement program under section #acd7;j7 of title #bc1 ,united ,states ,code1 or the statewide transportation improvement program under section #ace7;g7 of title #bc1 ,united ,states ,code1 as applicable1 in a manner that is contrary to the priority ranking for that project established under subparagraph 7,a77i77,,iii7 or 7,b77i77,,iii71 the eligible entity shall make publicly available an explanation for the decision1 including-- 7i7 a review of public comments regarding the project2 7ii7 an evaluation of public support for the project2 7iii7 an assessment of geographic balance of projects of the eligible entity2 and 7iv7 the number of projects of the eligible entity in economically distressed areas4 7#c7 ,maximum amount ,the maximum amount of a grant under the prioritization process pilot program is #b1jjj1jjj4 7d7 ,applications ,to be eligible to participate in the prioritization process pilot program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 #abjf4 ,exemptions for low population density ,states ,section #aej of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,exemptions for low population density states 7#a7 ,in general ,the ,secretary shall grant1 on the election of and in consultation with a ,state1 an exemption from #a or more of the requirements described in paragraph 7#b77;,a7 if the ,state-- 7,a7 is on the list of eligible ,states under paragraph 7#e7 for the applicable performance period2 and 7,b7 provides a written notice of the election that includes an explanation under paragraph 7#d77;,a74 7#b7 ,requirements described 7,a7 ,state requirements ,the requirements from which a ,state described in paragraph 7#a7 may elect an exemption are-- 7i7 requirements established under subclauses 7,,iv7 and 7,v7 of subsection 7c77#c77;,a77ii72 7ii7 requirements established under subsection 7c77#e77;,a72 7iii7 requirements established under subsection 7c77#f72 and 7iv7 targeting1 data1 reporting1 or administrative requirements established under subsections 7d7 and 7e7 that are related to a requirement described in clause 7i71 7ii71 or 7iii7 from which the ,state elects to receive an exemption4 7,b7 ,metropolitan planning organization requirements ,a metropolitan planning organization with a metropolitan planning area that is located entirely within a ,state that is exempt shall be exempt from the requirements under section #acd7;h77#b77;,b7 that relate to each measure described in subparagraph 7,a7 from which the ,state of the metropolitan planning organization is exempt4 7#c7 ,term ,an exemption applied under paragraph 7#a7-- 7,a7 shall be in effect until the date that is #d years after the date on which the performance period promulgated by the ,secretary under subsection 7d7 in effect at the time the exemption is applied ends2 and 7,b7 may be renewed by the ,state for an additional #d-year term at the end of each performance period if1 in accordance with paragraph 7#d7-- 7i7 the ,state submits another written explanation2 and 7ii7 the ,state continues to be included on the list of eligible ,states under paragraph 7#e74 7#d7 ,notification of election of exemption 7,a7 ,in general ,to be eligible to make an election under paragraph 7#a71 not later than ,september #a of the calendar year preceding the calendar year in which the next performance period promulgated by the ,secretary under subsection 7d7 begins1 a ,state described in that paragraph-- 7i7 shall submit to the ,secretary-- 7,i7 identification of the #a or more requirements described in paragraph 7#b77;,a7 for which an exemption is elected2 and 7,,ii7 a written notice that includes an explanation advising the ,secretary that the ,state is not experiencing significant performance issues on the surface transportation system of the ,state with respect to each requirement referred to in subclause 7,i72 and 7ii7 may submit to the ,secretary any other information or material that the ,state chooses to include in the notice4 7,b7 ,special rule ,notwithstanding the deadline described in subparagraph 7,a71 a ,state described in paragraph 7#a7 may submit a notice under subparagraph 7,a7 at any time before ,september #a1 #bjba4 7#e7 ,eligible ,states 7,a7 ,in general ,not later than #fj days after the date of enactment of this subsection and thereafter1 on each ,september #a of the calendar year #b years prior to the calendar year in which the next performance period promulgated by the ,secretary under subsection 7d7 begins1 the ,secretary shall publish a list of ,states that may elect to receive an exemption from a requirement described in paragraph 7#b77;,a74 7,b7 ,inclusions ,the ,secretary shall include on the list under subparagraph 7,a7-- 7i7 any ,state that-- 7,i7 has a population per square mile of area that is less than the population per square mile of area of the ,united ,states1 based on the latest available ,bureau of the ,census data at the time the ,secretary publishes the list2 7,,ii7 does not include an urbanized area with a population of over #bjj1jjj within the ,state2 and 7,,iii7 has no repeated delays or other persistent impediments to travel reliability on the portions of the ,national ,highway ,system in the ,state that the ,secretary determines to be excessive2 and 7ii7 based on the latest available ,bureau of the ,census data at the time the ,secretary publishes the list1 any ,state that-- 7,i7 has a population density of less than #ae persons per square mile of area2 and 7,,ii7 does not include an urbanized area with a population of over #bjj1jjj4 7#f7 ,national reporting 7,a7 ,eligible ,states ,for each ,state included on the list of eligible ,states under paragraph 7#e71 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the status of traffic congestion1 travel reliability1 truck travel reliability1 and any other relevant performance metrics on the portions of the ,national ,highway ,system in the ,state1 including any delays or impediments that the ,secretary determines to be excessive4 7,b7 ,exempt ,states ,for each eligible ,state under paragraph 7#e7 that elects to receive an exemption under paragraph 7#a71 the ,secretary shall-- 7i7 submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the results of performance measures for all exemptions applied to that ,state under this subsection2 and 7ii7 make publicly available as part of the ,state performance dashboard on the ,department of ,transportation website information on the performance of the ,state with respect to any requirements from which the ,state is exempt4 4 #abjg4 ,travel demand data and modeling 7a7 ,definition of metropolitan planning organization ,in this section1 the term metropolitan planning organization has the meaning given the term in section #acd7;b7 of title #bc1 ,united ,states ,code4 7b7 ,study 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and not less frequently than once every #e years thereafter1 the ,secretary shall carry out a study that-- 7,a7 gathers travel data and travel demand forecasts from a representative sample of ,states and metropolitan planning organizations2 7,b7 uses the data and forecasts gathered under subparagraph 7,a7 to compare travel demand forecasts with the observed data1 including-- 7i7 traffic counts2 7ii7 travel mode share and public transit ridership2 and 7iii7 vehicle occupancy measures2 and 7,c7 uses the information described in subparagraphs 7,a7 and 7,b7-- 7i7 to develop best practices or guidance for ,states and metropolitan planning organizations to use in forecasting travel demand for future investments in transportation improvements2 7ii7 to evaluate the impact of transportation investments1 including new roadway capacity1 on travel behavior and travel demand1 including public transportation ridership1 induced highway travel1 and congestion2 7iii7 to support more accurate travel demand forecasting by ,states and metropolitan planning organizations2 and 7iv7 to enhance the capacity of ,states and metropolitan planning organizations-- 7,i7 to forecast travel demand2 and 7,,ii7 to track observed travel behavior responses1 including induced travel1 to changes in transportation capacity1 pricing1 and land use patterns4 7#b7 ,secretarial support ,the ,secretary shall seek opportunities to support the transportation planning processes under sections #acd and #ace of title #bc1 ,united ,states ,code1 through the provision of data to ,states and metropolitan planning organizations to improve the quality of plans1 models1 and forecasts described in this subsection4 7#c7 ,evaluation tool ,the ,secretary shall develop a publicly available multimodal web-based tool for the purpose of enabling ,states and metropolitan planning organizations to evaluate the effect of investments in highway and public transportation projects on the use and conditions of all transportation assets within the ,state or area served by the metropolitan planning organization1 as applicable4 #abjh4 ,increasing safe and accessible transportation options 7a7 ,definition of ,complete ,streets standards or policies ,in this section1 the term ,complete ,streets standards or policies means standards or policies that ensure the safe and adequate accommodation of all users of the transportation system1 including pedestrians1 bicyclists1 public transportation users1 children1 older individuals1 individuals with disabilities1 motorists1 and freight vehicles4 7b7 ,funding requirement ,notwithstanding any other provision of law1 each ,state and metropolitan planning organization shall use to carry out #a or more activities described in subsection 7c7-- 7#a7 in the case of a ,state1 not less than #b4e percent of the amounts made available to the ,state to carry out section #eje of title #bc1 ,united ,states ,code2 and 7#b7 in the case of a metropolitan planning organization1 not less than #b4e percent of the amounts made available to the metropolitan planning organization under section #ajd7;d7 of title #bc1 ,united ,states ,code4 7c7 ,activities described ,an activity referred to in subsection 7b7 is an activity to increase safe and accessible options for multiple travel modes for people of all ages and abilities1 which1 if permissible under applicable ,state and local laws1 may include-- 7#a7 adoption of ,complete ,streets standards or policies2 7#b7 development of a ,complete ,streets prioritization plan that identifies a specific list of ,complete ,streets projects to improve the safety1 mobility1 or accessibility of a street2 7#c7 development of transportation plans-- 7,a7 to create a network of active transportation facilities1 including sidewalks1 bikeways1 or pedestrian and bicycle trails1 to connect neighborhoods with destinations such as workplaces1 schools1 residences1 businesses1 recreation areas1 healthcare and child care services1 or other community activity centers2 7,b7 to integrate active transportation facilities with public transportation service or improve access to public transportation2 7,c7 to create multiuse active transportation infrastructure facilities1 including bikeways or pedestrian and bicycle trails1 that make connections within or between communities2 7,d7 to increase public transportation ridership2 and 7,e7 to improve the safety of bicyclists and pedestrians2 7#d7 regional and megaregional planning to address travel demand and capacity constraints through alternatives to new highway capacity1 including through intercity passenger rail2 and 7#e7 development of transportation plans and policies that support transit-oriented development4 7d7 ,federal share ,the ,federal share of the cost of an activity carried out under this section shall be #ajj percent4 ,c ,project delivery and process improvement #acja4 ,efficient environmental reviews for project decisionmaking and ,one ,federal ,decision 7a7 ,in general ,section #aci of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking decisionmaking and inserting decisionmaking and ,one ,federal ,decision2 7#b7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#b7 through 7#h7 as paragraphs 7#d71 7#e71 7#f71 7#h71 7#i71 7#aj71 and 7#aa71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,authorization ,the term authorization means any license1 permit1 approval1 finding1 or other administrative decision related to the environmental review process that is required under ,federal law to site1 construct1 or reconstruct a project4 7#c7 ,environmental document ,the term environmental document includes an environmental assessment1 finding of no significant impact1 notice of intent1 environmental impact statement1 or record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 2 7,c7 in subparagraph 7,b7 of paragraph 7#e7 7as so redesignated71 by striking process for and completion of any environmental permit and inserting process and schedule1 including a timetable for completion of any permit2 and 7,d7 by inserting after paragraph 7#f7 7as so redesignated7 the following3 7#g7 ,major infrastructure project ,the term major infrastructure project means a project for which-- 7,a7 multiple permits1 approvals1 reviews1 or studies are required under a ,federal law other than the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the head of the lead agency has determined that an environmental impact statement is required2 and 7,c7 the project sponsor has identified the reasonable availability of funds sufficient to complete the project4 2 7#c7 in subsection 7b77#a71 by inserting 1 including major infrastructure projects1 after all projects2 7#d7 in subsection 7c7-- 7,a7 in paragraph 7#f7-- 7i7 in subparagraph 7,b71 by striking and at the end2 7ii7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,d7 to calculate annually the average time taken by the lead agency to complete all environmental documents for each project during the previous fiscal year 2 and 7,b7 by adding at the end the following3 7#g7 ,process improvements for major infrastructure projects 7,a7 ,in general ,the ,secretary shall review-- 7i7 existing practices1 procedures1 rules1 regulations1 and applicable laws to identify impediments to meeting the requirements applicable to major infrastructure projects under this section2 and 7ii7 best practices1 programmatic agreements1 and potential changes to internal departmental procedures that would facilitate an efficient environmental review process for major infrastructure projects4 7,b7 ,consultation ,in conducting the review under subparagraph 7,a71 the ,secretary shall consult1 as appropriate1 with the heads of other ,federal agencies that participate in the environmental review process4 7,c7 ,report ,not later than #b years after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai1 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-- 7i7 the results of the review under subparagraph 7,a72 and 7ii7 an analysis of whether additional funding would help the ,secretary meet the requirements applicable to major infrastructure projects under this section4 2 7#e7 in subsection 7d7-- 7,a7 in paragraph 7#h7-- 7i7 in the paragraph heading1 by striking nepa and inserting environmental2 7ii7 in subparagraph 7,a7-- 7,i7 by inserting and except as provided in subparagraph 7,d7 after paragraph 7#g72 7,,ii7 by striking permits and inserting authorizations2 and 7,,iii7 by striking single environment document and inserting single environmental document for each kind of environmental document2 7iii7 in subparagraph 7,b77i7-- 7,i7 by striking an environmental document and inserting environmental documents2 and 7,,ii7 by striking permits issued and inserting authorizations2 and 7iv7 by adding at the end the following3 7,d7 ,exceptions ,the lead agency may waive the application of subparagraph 7,a7 with respect to a project if-- 7i7 the project sponsor requests that agencies issue separate environmental documents2 7ii7 the obligations of a cooperating agency or participating agency under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 have already been satisfied with respect to the project2 or 7iii7 the lead agency determines that reliance on a single environmental document 7as described in subparagraph 7,a77 would not facilitate timely completion of the environmental review process for the project4 2 and 7,b7 by adding at the end the following3 7#aj7 ,timely authorizations for major infrastructure projects 7,a7 ,deadline ,except as provided in subparagraph 7,c71 all authorization decisions necessary for the construction of a major infrastructure project shall be completed by not later than #ij days after the date of the issuance of a record of decision for the major infrastructure project4 7,b7 ,detail ,the final environmental impact statement for a major infrastructure project shall include an adequate level of detail to inform decisions necessary for the role of the participating agencies in the environmental review process4 7,c7 ,extension of deadline ,the head of the lead agency may extend the deadline under subparagraph 7,a7 if-- 7i7 ,federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph2 7ii7 the project sponsor requests that the permit or approval follow a different timeline2 or 7iii7 an extension would facilitate completion of the environmental review and authorization process of the major infrastructure project4 2 7#f7 in subsection 7g77#a7-- 7,a7 in subparagraph 7,b7-- 7i7 in clause 7ii77,,iv71 by striking schedule for and cost of and inserting time required by an agency to conduct an environmental review and make decisions under applicable ,federal law relating to a project 7including the issuance or denial of a permit or license7 and the cost of2 and 7ii7 by adding at the end the following3 7iii7 ,major infrastructure project schedule ,to the maximum extent practicable and consistent with applicable ,federal law1 in the case of a major infrastructure project1 the lead agency shall develop a schedule for the major infrastructure project that is consistent with an agency average of not more than #b years for the completion of the environmental review process for major infrastructure projects1 as measured from the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision4 2 7,b7 by striking subparagraph 7,d7 and inserting the following3 7,d7 ,modification 7i7 ,in general ,except as provided in clause 7ii71 the lead agency may lengthen or shorten a schedule established under subparagraph 7,b7 for good cause4 7ii7 ,exceptions 7,i7 ,major infrastructure projects ,in the case of a major infrastructure project1 the lead agency may lengthen a schedule under clause 7i7 for a cooperating ,federal agency by not more than #a year after the latest deadline established for the major infrastructure project by the lead agency4 7,,ii7 ,shortened schedules ,the lead agency may not shorten a schedule under clause 7i7 if doing so would impair the ability of a cooperating ,federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the ,federal agency for the project4 2 7,c7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7,d7 by inserting after subparagraph 7,d7 the following3 7,e7 ,failure to meet deadline ,if a cooperating ,federal agency fails to meet a deadline established under subparagraph 7,d77ii77,i7-- 7i7 the cooperating ,federal agency shall submit to the ,secretary a report that describes the reasons why the deadline was not met2 and 7ii7 the ,secretary shall-- 7,i7 transmit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a copy of the report under clause 7i72 and 7,,ii7 make the report under clause 7i7 publicly available on the internet4 2 and 7#g7 by adding at the end the following3 7p7 ,accountability and reporting for major infrastructure projects 7#a7 ,in general ,the ,secretary shall establish a performance accountability system to track each major infrastructure project4 7#b7 ,requirements ,the performance accountability system under paragraph 7#a7 shall1 for each major infrastructure project1 track1 at a minimum-- 7,a7 the environmental review process for the major infrastructure project1 including the project schedule2 7,b7 whether the lead agency1 cooperating agencies1 and participating agencies are meeting the schedule established for the environmental review process2 and 7,c7 the time taken to complete the environmental review process4 7q7 ,adoption of categorical exclusions 7#a7 ,in general ,not later than #fj days after the date of enactment of this subsection1 the ,secretary shall-- 7,a7 in consultation with the entities described in paragraph 7#b71 identify the categorical exclusions described in section #gga4aag of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 that would accelerate delivery of a project if those categorical exclusions were available to those entities2 7,b7 collect existing documentation and substantiating information on the categorical exclusions described in subparagraph 7,a72 and 7,c7 provide to each entity described in paragraph 7#b7 a list of the categorical exclusions identified under subparagraph 7,a7 and the documentation and substantiating information under subparagraph 7,b74 7#b7 ,entities described ,the entities referred to in paragraph 7#a7 are-- 7,a7 the ,secretary of the ,interior2 7,b7 the ,secretary of the ,army2 7,c7 the ,secretary of ,commerce2 7,d7 the ,secretary of ,agriculture2 7,e7 the ,secretary of ,energy2 7,f7 the ,secretary of ,defense2 and 7,g7 the head of any other ,federal agency that has participated in an environmental review process1 as determined by the ,secretary4 7#c7 ,adoption of categorical exclusions ,if an entity described in paragraph 7#b7 determines that a categorical exclusion identified under paragraph 7#a77;,a7 meets the criteria for a categorical exclusion under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 not later than #b years after the date on which the ,secretary provides the list under paragraph 7#a77;,c71 the entity shall publish a notice of proposed rulemaking to propose a new categorical exclusion4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #aci and inserting the following3 #aci4 ,efficient environmental reviews for project decisionmaking and ,one ,federal ,decision4 4 #acjb4 ,work zone process reviews ,the ,secretary shall amend section #fcj4ajjh7;e7 of title #bc1 ,code of ,federal ,regulations1 to ensure that the work zone process review under that subsection is required not more frequently than once every #e years4 #acjc4 ,transportation management plans 7a7 ,in general ,the ,secretary shall amend section #fcj4ajaj7;c7 of title #bc1 ,code of ,federal ,regulations1 to ensure that only a project described in that subsection with a lane closure for #c or more consecutive days shall be considered to be a significant project for purposes of that section4 7b7 ,non-,interstate projects ,notwithstanding any other provision of law1 a ,state shall not be required to develop or implement a transportation management plan 7as described in section #fcj4ajab of title #bc1 ,code of ,federal ,regulations 7or successor regulations77 for a highway project not on the ,interstate ,system if the project requires not more than #c consecutive days of lane closures4 #acjd4 ,intelligent transportation systems 7a7 ,in general ,the ,secretary shall develop guidance for using existing flexibilities with respect to the systems engineering analysis described in part #idj of title #bc1 ,code of ,federal ,regulations 7or successor regulations74 7b7 ,implementation ,the ,secretary shall ensure that any guidance developed under subsection 7a7-- 7#a7 clearly identifies criteria for low-risk and exempt intelligent transportation systems projects1 with a goal of minimizing unnecessary delay or paperwork burden2 7#b7 is consistently implemented by the ,department nationwide2 and 7#c7 is disseminated to ,federal-aid recipients4 7c7 ,savings provision ,nothing in this section prevents the ,secretary from amending part #idj of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 to reduce ,state administrative burdens4 #acje4 ,alternative contracting methods 7a7 ,alternative contracting methods for federal land management agencies and tribal governments ,section #bja of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,alternative contracting methods 7#a7 ,in general ,notwithstanding any other provision of law 7including the ,federal ,acquisition ,regulation71 a contracting method available to a ,state under this title may be used by the ,secretary1 on behalf of-- 7,a7 a ,federal land management agency1 in using any funds pursuant to sections #bjc1 #bjd1 or #cjh2 7,b7 a ,federal land management agency1 in using any funds pursuant to section #aece of title #ca for any of the eligible uses described in sections #bjc7;a77#a7 and #bjd7;a77#a7 and paragraphs 7#a7 and 7#b7 of section #cjh7;a72 or 7,c7 a ,tribal government1 in using funds pursuant to section #bjb7;b77#g77;,d74 7#b7 ,methods described ,the contracting methods referred to in paragraph 7#a7 shall include1 at a minimum-- 7,a7 project bundling2 7,b7 bridge bundling2 7,c7 design-build contracting2 7,d7 #b-phase contracting2 7,e7 long-term concession agreements2 and 7,f7 any method tested1 or that could be tested1 under an experimental program relating to contracting methods carried out by the ,secretary4 7#c7 ,effect ,nothing in this subsection-- 7,a7 affects the application of the ,federal share for the project carried out with a contracting method under this subsection2 or 7,b7 modifies the point of obligation of ,federal salaries and expenses4 4 7b7 ,cooperation with federal and state agencies and foreign countries ,section #cjh7;a7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,alternative contracting methods 7,a7 ,in general ,notwithstanding any other provision of law 7including the ,federal ,acquisition ,regulation71 in performing services under paragraph 7#a71 the ,secretary may use any contracting method available to a ,state under this title4 7,b7 ,methods described ,the contracting methods referred to in subparagraph 7,a7 shall include1 at a minimum-- 7i7 project bundling2 7ii7 bridge bundling2 7iii7 design-build contracting2 7iv7 #b-phase contracting2 7v7 long-term concession agreements2 and 7vi7 any method tested1 or that could be tested1 under an experimental program relating to contracting methods carried out by the ,secretary4 4 7c7 ,use of alternative contracting methods ,in carrying out an alternative contracting method under section #bja7;f7 or #cjh7;a77#d7 of title #bc1 ,united ,states ,code1 the ,secretary shall-- 7#a7 in consultation with the applicable ,federal land management agencies1 establish clear procedures that are-- 7,a7 applicable to the alternative contracting method2 and 7,b7 to the maximum extent practicable1 consistent with the requirements applicable to ,federal procurement transactions2 7#b7 solicit input on the use of the alternative contracting method from the affected industry prior to using the method2 and 7#c7 analyze and prepare an evaluation of the use of the alternative contracting method4 #acjf4 ,flexibility for projects ,section #adbj of the ,,fast ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aad-id7 is amended-- 7#a7 in subsection 7a71 by striking and on request by a ,state1 the ,secretary may in the matter preceding paragraph 7#a7 and all that follows through the period at the end of paragraph 7#b7 and inserting the following3 81 on request by a ,state1 and if in the public interest 7as determined by the ,secretary71 the ,secretary shall exercise all existing flexibilities under-- 7#a7 the requirements of title #bc1 ,united ,states ,code2 and 7#b7 other requirements administered by the ,secretary1 in whole or in part4 2 and 7#b7 in subsection 7b77#b77;,a71 by inserting 7including regulations7 after environmental law4 #acjg4 ,improved ,federal-,state stewardship and oversight agreements 7a7 ,definition of template ,in this section1 the term template means a template created by the ,secretary for ,federal-,state stewardship and oversight agreements that-- 7#a7 includes all standard terms found in stewardship and oversight agreements1 including any terms in an attachment to the agreement2 7#b7 is developed in accordance with section #ajf of title #bc1 ,united ,states ,code1 or any other applicable authority2 and 7#c7 may be developed with consideration of relevant regulations1 guidance1 or policies4 7b7 ,request for comment 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register the template and a notice requesting public comment on ways to improve the template4 7#b7 ,comment period ,the ,secretary shall provide a period of not less than #fj days for public comment on the notice under paragraph 7#a74 7#c7 ,certain issues ,the notice under paragraph 7#a7 shall allow comment on any aspect of the template and shall specifically request public comment on-- 7,a7 whether the template should be revised to delete standard terms requiring approval by the ,secretary of the policies1 procedures1 processes1 or manuals of the ,states1 or other ,state actions1 if ,federal law 7including regulations7 does not specifically require an approval2 7,b7 opportunities to modify the template to allow adjustments to the review schedules for ,state practices or actions1 including through risk-based approaches1 program reviews1 process reviews1 or other means2 and 7,c7 any other matters that the ,secretary determines to be appropriate4 7c7 ,notice of action2 updates 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 after considering the comments received in response to the ,federal ,register notice under subsection 7b71 the ,secretary shall publish in the ,federal ,register a notice that-- 7,a7 describes any proposed changes to be made1 and any alternatives to such changes1 to the template2 7,b7 addresses comments in response to which changes were not made to the template2 and 7,c7 prescribes a schedule and a plan to execute a process for implementing the changes referred to in subparagraph 7,a74 7#b7 ,approval requirements ,in addressing comments under paragraph 7#a77;,b71 the ,secretary shall include an explanation of the basis for retaining any requirement for approval of ,state policies1 procedures1 processes1 or manuals1 or other ,state actions1 if ,federal law 7including regulations7 does not specifically require the approval4 7#c7 ,implementation 7,a7 ,in general ,not later than #fj days after the date on which the notice under paragraph 7#a7 is published1 the ,secretary shall make changes to the template in accordance with-- 7i7 the changes described in the notice under paragraph 7#a77;,a72 and 7ii7 the schedule and plan described in the notice under paragraph 7#a77;,c74 7,b7 ,updates ,not later than #a year after the date on which the revised template under subparagraph 7,a7 is published1 the ,secretary shall update existing agreements with ,states according to the template updated under subparagraph 7,a74 7d7 ,inclusion of non-,standard terms ,nothing in this section precludes the inclusion in a ,federal-,state stewardship and oversight agreement of non-standard terms to address a ,state-specific matter1 including risk-based stewardship and ,department oversight involvement in individual projects of division interest4 7e7 ,compliance with non-,statutory terms 7#a7 ,in general ,the ,secretary shall not enforce or otherwise require a ,state to comply with approval requirements that are not required by ,federal law 7including regulations7 in a ,federal-,state stewardship and oversight agreement4 7#b7 ,approval authority ,notwithstanding any other provision of law1 the ,secretary shall not assert approval authority over any matter in a ,federal-,state stewardship and oversight agreement reserved to ,states4 7f7 ,frequency of reviews ,section #ajf7;g77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking annual2 7#b7 by striking ,the ,secretary and inserting the following3 7,a7 ,in general ,the ,secretary 2 and 7#c7 by adding at the end the following3 7,b7 ,frequency 7i7 ,in general ,except as provided in clauses 7ii7 and 7iii71 the ,secretary shall carry out a review under subparagraph 7,a7 not less frequently than once every #b years4 7ii7 ,consultation with ,state ,the ,secretary1 after consultation with a ,state1 may make a determination to carry out a review under subparagraph 7,a7 for that ,state less frequently than provided under clause 7i74 7iii7 ,cause ,if the ,secretary determines that there is a specific reason to require a review more frequently than provided under clause 7i7 with respect to a ,state1 the ,secretary may carry out a review more frequently than provided under that clause4 4 #acjh4 ,geomatic data 7a7 ,in general ,the ,secretary shall develop guidance for the acceptance and use of information obtained from a non-,federal entity through geomatic techniques1 including remote sensing and land surveying1 cartography1 geographic information systems1 global navigation satellite systems1 photogrammetry1 or other remote means4 7b7 ,considerations ,in carrying out this section1 the ,secretary shall ensure that acceptance or use of information described in subsection 7a7 meets the data quality and operational requirements of the ,secretary4 7c7 ,public comment ,before issuing any final guidance under subsection 7a71 the ,secretary shall provide to the public-- 7#a7 notice of the proposed guidance2 and 7#b7 an opportunity to comment on the proposed guidance4 7d7 ,savings clause ,nothing in this section-- 7#a7 requires the ,secretary to accept or use information that the ,secretary determines does not meet the guidance developed under this section2 or 7#b7 changes the current statutory or regulatory requirements of the ,department4 #acji4 ,evaluation of projects within an operational right-of-way 7a7 ,in general ,chapter #c of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #cca4 ,evaluation of projects within an operational right-of-way 7a7 ,definitions 7#a7 ,eligible project or activity 7,a7 ,in general ,in this section1 the term eligible project or activity means a project or activity within an existing operational right-of-way 7as defined in section #gga4aag7;c77#bb7 of title #bc1 ,code of ,federal ,regulations 7or successor regulations77-- 7i7 7,i7 eligible for assistance under this title2 or 7,,ii7 administered as if made available under this title2 7ii7 that is-- 7,i7 a preventive maintenance1 preservation1 or highway safety improvement project 7as defined in section #adh7;a772 or 7,,ii7 a new turn lane that the ,state advises in writing to the ,secretary would assist public safety2 and 7iii7 that-- 7,i7 is classified as a categorical exclusion under section #gga4aag of title #bc1 ,code of ,federal ,regulations 7or successor regulations72 or 7,,ii7 if the project or activity does not receive assistance described in clause 7i7 would be considered a categorical exclusion if the project or activity received assistance described in clause 7i74 7,b7 ,exclusion ,the term eligible project or activity does not include a project to create a new travel lane4 7#b7 ,preliminary evaluation ,the term preliminary evaluation1 with respect to an application described in subsection 7b77#a71 means an evaluation that is customary or practicable for the relevant agency to complete within a #de-;day period for similar applications4 7#c7 ,relevant agency ,the term relevant agency means a ,federal agency1 other than the ,federal ,highway ,administration1 with responsibility for review of an application from a ,state for a permit1 approval1 or jurisdictional determination for an eligible project or activity4 7b7 ,action required 7#a7 ,in general ,subject to paragraph 7#b71 not later than #de days after the date of receipt of an application by a ,state for a permit1 approval1 or jurisdictional determination for an eligible project or activity1 the head of the relevant agency shall-- 7,a7 make at least a preliminary evaluation of the application2 and 7,b7 notify the ,state of the results of the preliminary evaluation under subparagraph 7,a74 7#b7 ,extension ,the head of the relevant agency may extend the review period under paragraph 7#a7 by not more than #cj days if the head of the relevant agency provides to the ,state written notice that includes an explanation of the need for the extension4 7#c7 ,failure to act ,if the head of the relevant agency fails to meet a deadline under paragraph 7#a7 or 7#b71 as applicable1 the head of the relevant agency shall-- 7,a7 not later than #cj days after the date of the missed deadline1 submit to the ,state1 the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that describes why the deadline was missed2 and 7,b7 not later than #ad days after the date on which a report is submitted under subparagraph 7,a71 make publicly available1 including on the internet1 a copy of that report4 4 7b7 ,clerical amendment ,the analysis for chapter #c of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #cca4 ,evaluation of projects within an operational right-of-way4 4 #acaj4 ,department of ,transportation reports 7a7 ,in general ,chapter #c of title #bc1 ,united ,states ,code 7as amended by section #acji7;a771 is amended by adding at the end the following3 #ccb4 ,department of ,transportation reports 7a7 ,definition of ,dashboard ,in this section1 the term ,dashboard has the meaning given the term in section #dajja of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm74 7b7 ,reports ,not later than ,january #ca of each year1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report with respect to any projects1 programs1 or authorities under this title 7other than chapter #d7 that includes-- 7#a7 for the preceding fiscal year-- 7,a7 the median time described in subsection 7c77#a7 posted on the ,dashboard for projects described in subsection 7c77#b72 7,b7 a list of any new categorical exclusions adopted by the ,department and listed under section #gga4aag of title #bc1 ,code of ,federal ,regulations 7or successor regulations72 and 7,c7 a list of all regulatory requirements that have been removed or reduced and1 if available1 a summary of the cost savings resulting from the removal or reduction to-- 7i7 ,states2 7ii7 units of ,tribal and local government2 and 7iii7 the public2 and 7#b7 for the current fiscal year-- 7,a7 an estimate or documentation of the median time elapsed between-- 7i7 the date of the publication in the ,federal ,register of a notice of intent to prepare an environmental impact statement2 and 7ii7 the date of the record of decision with respect to that environmental impact statement by the ,department2 and 7,b7 if available1 a summary of the cost savings1 including cost savings to ,states1 units of ,tribal and local government1 and the public1 resulting from the removal or reduction of regulatory requirements4 7c7 ,federal permitting dashboard 7#a7 ,in general ,not later than ,january #ca of each year1 the ,secretary shall provide to the ,executive ,director of the ,federal ,permitting ,improvement ,steering ,council established under section #dajjb7;a7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#a7;a771 to make available on the ,dashboard1 with respect to projects described in paragraph 7#b71 the median time elapsed between-- 7,a7 the publication in the ,federal ,register of the notice of intent to prepare an environmental impact statement2 and 7,b7 the date of issuance of the record of decision with respect to that environmental impact statement by the ,department of ,transportation4 7#b7 ,projects described ,a project referred to in paragraph 7#a7 is a project for which-- 7,a7 a record of decision for an environmental impact statement was issued during the preceding fiscal year2 and 7,b7 the ,department of ,transportation is a lead agency 7as defined in section #aci74 4 7b7 ,clerical amendment ,the analysis for chapter #c of title #bc1 ,united ,states ,code 7as amended by section #acji7;b771 is amended by adding at the end the following3 #ccb4 ,department of ,transportation reports4 4 ,d ,climate change #adja4 ,grants for charging and fueling infrastructure to modernize and reconnect ,america for the #bast century 7a7 ,purpose ,the purpose of this section is to establish a grant program to strategically deploy electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 and natural gas fueling infrastructure along designated alternative fuel corridors that will be accessible to all drivers of electric vehicles1 hydrogen vehicles1 and natural gas vehicles4 7b7 ,grant program ,section #aea of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking ,not later than #a year after the date of enactment of the ,,fast ,act1 the ,secretary shall and inserting ,the ,secretary shall periodically2 7#b7 in subsection 7b77#b71 by inserting previously designated by the ,federal ,highway ,administration or before designated by2 7#c7 in subsection 7d7-- 7,a7 by striking #e years after the date of establishment of the corridors under subsection 7a71 and every #e years thereafter1 and inserting #ahj days after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai12 and 7,b7 by inserting establish a recurring process to regularly before update2 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking and at the end2 7,b7 in paragraph 7#b7-- 7i7 by striking establishes an aspirational goal of achieving and inserting describes efforts1 including through funds awarded through the grant program under subsection 7f71 that will aid efforts to achieve2 and 7ii7 by striking by the end of fiscal year #bjbj4 and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 summarizes best practices and provides guidance1 developed through consultation with the ,secretary of ,energy1 for project development of electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 and natural gas fueling infrastructure at the ,state1 ,tribal1 and local level to allow for the predictable deployment of that infrastructure4 2 and 7#e7 by adding at the end the following3 7f7 ,grant program 7#a7 ,establishment ,not later than #a year after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai1 the ,secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in paragraph 7#e74 7#b7 ,eligible entities ,an entity eligible to receive a grant under this subsection is-- 7,a7 a ,state or political subdivision of a ,state2 7,b7 a metropolitan planning organization2 7,c7 a unit of local government2 7,d7 a special purpose district or public authority with a transportation function1 including a port authority2 7,e7 an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 7,f7 an authority1 agency1 or instrumentality of1 or an entity owned by1 #a or more entities described in subparagraphs 7,a7 through 7,e72 or 7,g7 a group of entities described in subparagraphs 7,a7 through 7,f74 7#c7 ,applications ,to be eligible to receive a grant under this subsection1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary shall require1 including-- 7,a7 a description of how the eligible entity has considered-- 7i7 public accessibility of charging or fueling infrastructure proposed to be funded with a grant under this subsection1 including-- 7,i7 charging or fueling connector types and publicly available information on real-time availability2 and 7,,ii7 payment methods to ensure secure1 convenient1 fair1 and equal access2 7ii7 collaborative engagement with stakeholders 7including automobile manufacturers1 utilities1 infrastructure providers1 technology providers1 electric charging1 hydrogen1 and natural gas fuel providers1 metropolitan planning organizations1 ,states1 ,indian tribes1 and units of local governments1 fleet owners1 fleet managers1 fuel station owners and operators1 labor organizations1 infrastructure construction and component parts suppliers1 and multi-,state and regional entities7-- 7,i7 to foster enhanced1 coordinated1 public-private or private investment in electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure2 7,,ii7 to expand deployment of electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure2 7,,iii7 to protect personal privacy and ensure cybersecurity2 and 7,,iv7 to ensure that a properly trained workforce is available to construct and install electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure2 7iii7 the location of the station or fueling site1 such as consideration of-- 7,i7 the availability of onsite amenities for vehicle operators1 such as restrooms or food facilities2 7,,ii7 access in compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7,,iii7 height and fueling capacity requirements for facilities that charge or refuel large vehicles1 such as semi-trailer trucks2 and 7,,iv7 appropriate distribution to avoid redundancy and fill charging or fueling gaps2 7iv7 infrastructure installation that can be responsive to technology advancements1 such as accommodating autonomous vehicles and future charging methods2 and 7v7 the long-term operation and maintenance of the electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure1 to avoid stranded assets and protect the investment of public funds in that infrastructure2 and 7,b7 an assessment of the estimated emissions that will be reduced through the use of electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure1 which shall be conducted using the ,alternative ,fuel ,life-,cycle ,environmental and ,economic ,transportation 7,,afleet7 tool developed by ,argonne ,national ,laboratory 7or a successor tool74 7#d7 ,considerations ,in selecting eligible entities to receive a grant under this subsection1 the ,secretary shall-- 7,a7 consider the extent to which the application of the eligible entity would-- 7i7 improve alternative fueling corridor networks by-- 7,i7 converting corridor-pending corridors to corridor-ready corridors2 or 7,,ii7 in the case of corridor-ready corridors1 providing redundancy-- 7aa7 to meet excess demand for charging or fueling infrastructure2 or 7bb7 to reduce congestion at existing charging or fueling infrastructure in high-traffic locations2 7ii7 meet current or anticipated market demands for charging or fueling infrastructure2 7iii7 enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without ,federal assistance2 and 7iv7 support a long-term competitive market for electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure that does not significantly impair existing electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure providers2 7,b7 ensure1 to the maximum extent practicable1 geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure is available throughout the ,united ,states2 7,c7 consider whether the private entity that the eligible entity contracts with under paragraph 7#e7-- 7i7 submits to the ,secretary the most recent year of audited financial statements2 and 7ii7 has experience in installing and operating electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure2 and 7,d7 consider whether1 to the maximum extent practicable1 the eligible entity and the private entity that the eligible entity contracts with under paragraph 7#e7 enter into an agreement-- 7i7 to operate and maintain publicly available electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas infrastructure2 and 7ii7 that provides a remedy and an opportunity to cure if the requirements described in clause 7i7 are not met4 7#e7 ,use of funds 7,a7 ,in general ,an eligible entity receiving a grant under this subsection shall only use the funds in accordance with this paragraph to contract with a private entity for acquisition and installation of publicly accessible electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle4 7,b7 ,location of infrastructure ,any electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated-- 7i7 under this section1 on the condition that any affected ,indian tribes are consulted before the designation2 or 7ii7 by a ,state or group of ,states1 such as the ,regional ,electric ,vehicle ,west ,plan of the ,states of ,arizona1 ,colorado1 ,idaho1 ,montana1 ,nevada1 ,new ,mexico1 ,utah1 and ,wyoming1 on the condition that any affected ,indian tribes are consulted before the designation4 7,c7 ,operating assistance 7i7 ,in general ,subject to clauses 7ii7 and 7iii71 an eligible entity that receives a grant under this subsection may use a portion of the funds to provide to a private entity operating assistance for the first #e years of operations after the installation of electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure while the facility transitions to independent system operations4 7ii7 ,inclusions ,operating assistance under this subparagraph shall be limited to costs allocable to operating and maintaining the electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure and service1 including costs associated with labor1 marketing1 and administrative costs4 7iii7 ,limitation ,operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph 7,a7 to acquire and install publicly accessible electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure4 7,d7 ,signs 7i7 ,in general ,subject to this paragraph and paragraph 7#f77;,b71 an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install-- 7,i7 traffic control devices located in the right-of-way to provide directional information to electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure acquired1 installed1 or operated with the grant2 and 7,,ii7 on-premises signs to provide information about electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure acquired1 installed1 or operated with a grant under this subsection4 7ii7 ,applicability ,clause 7i7 shall apply only to an eligible entity that-- 7,i7 receives a grant under this subsection2 and 7,,ii7 is using that grant for the acquisition and installation of publicly accessible electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure4 7iii7 ,limitation on amount ,the amount of funds used to acquire and install traffic control devices and on-premises signs under clause 7i7 may not exceed the amount of a contract under subparagraph 7,a7 to acquire and install publicly accessible charging or fueling infrastructure4 7iv7 ,no new authority created ,nothing in this subparagraph authorizes an eligible entity that receives a grant under this subsection to acquire and install traffic control devices or on-premises signs if the entity is not otherwise authorized to do so4 7,e7 ,revenue ,an eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph 7,a7 may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 or natural gas fueling infrastructure4 7#f7 ,project requirements 7,a7 ,in general ,notwithstanding any other provision of law1 any project funded by a grant under this subsection shall be treated as a project on a ,federal-aid highway under this chapter4 7,b7 ,signs ,any traffic control device or on-premises sign acquired1 installed1 or operated with a grant under this subsection shall comply with-- 7i7 the ,manual on ,uniform ,traffic ,control ,devices1 if located in the right-of-way2 and 7ii7 other provisions of ,federal1 ,state1 and local law1 as applicable4 7#g7 ,federal share 7,a7 ,in general ,the ,federal share of the cost of a project carried out with a grant under this subsection shall not exceed #hj percent of the total project cost4 7,b7 ,responsibility of private entity ,as a condition of contracting with an eligible entity under paragraph 7#e71 a private entity shall agree to pay the share of the cost of a project carried out with a grant under this subsection that is not paid by the ,federal ,government under subparagraph 7,a74 7#h7 ,report ,not later than #c years after the date of enactment of this subsection1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a report on the progress and implementation of this subsection4 4 #adjb4 ,reduction of truck emissions at port facilities 7a7 ,establishment of program 7#a7 ,in general ,the ,secretary shall establish a program to reduce idling at port facilities1 under which the ,secretary shall-- 7,a7 study how ports and intermodal port transfer facilities would benefit from increased opportunities to reduce emissions at ports1 including through the electrification of port operations2 7,b7 study emerging technologies and strategies that may help reduce port-related emissions from idling trucks2 and 7,c7 coordinate and provide funding to test1 evaluate1 and deploy projects that reduce port-related emissions from idling trucks1 including through the advancement of port electrification and improvements in efficiency1 focusing on port operations1 including heavy-duty commercial vehicles1 and other related projects4 7#b7 ,consultation ,in carrying out the program under this subsection1 the ,secretary may consult with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency4 7b7 ,grants 7#a7 ,in general ,in carrying out subsection 7a77#a77;,c71 the ,secretary shall award grants to fund projects that reduce emissions at ports1 including through the advancement of port electrification4 7#b7 ,cost share ,a grant awarded under paragraph 7#a7 shall not exceed #hj percent of the total cost of the project funded by the grant4 7#c7 ,coordination ,in carrying out the grant program under this subsection1 the ,secretary shall-- 7,a7 to the maximum extent practicable1 leverage existing resources and programs of the ,department and other relevant ,federal agencies2 and 7,b7 coordinate with other ,federal agencies1 as the ,secretary determines to be appropriate4 7#d7 ,application2 selection 7,a7 ,application ,the ,secretary shall solicit applications for grants under paragraph 7#a7 at such time1 in such manner1 and containing such information as the ,secretary determines to be necessary4 7,b7 ,selection ,the ,secretary shall make grants under paragraph 7#a7 by not later than ,april #a of each fiscal year for which funding is made available4 7c7 ,report ,not later than #a year after the date on which all of the projects funded with a grant under subsection 7b7 are completed1 the ,secretary shall submit to ,congress a report that includes-- 7#a7 the findings of the studies described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#a72 7#b7 the results of the projects that received a grant under subsection 7b72 7#c7 any recommendations for workforce development and training opportunities with respect to port electrification2 and 7#d7 any policy recommendations based on the findings and results described in paragraphs 7#a7 and 7#b74 #adjc4 ,carbon reduction incentive programs 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code 7as amended by section #abjc7;a771 is amended by adding at the end the following3 #agg4 ,formula carbon reduction incentive program 7a7 ,definitions ,in this section3 7#a7 ,metropolitan planning organization2 urbanized area ,the terms metropolitan planning organization and urbanized area have the meaning given those terms in section #acd7;b74 7#b7 ,transportation emissions ,the term transportation emissions means carbon dioxide emissions from on-road highway sources of those emissions within a ,state4 7#c7 ,transportation management area ,the term transportation management area means a transportation management area identified or designated by the ,secretary under section #acd7k77#a74 7b7 ,formula carbon reduction awards 7#a7 ,in general ,for each fiscal year1 the ,secretary shall distribute among the ,states the amounts made available to carry out this section for that fiscal year in accordance with paragraph 7#b74 7#b7 ,distribution ,the amount for each ,state shall be determined by multiplying the total amount made available to carry out this section for the applicable fiscal year by the ratio that-- 7,a7 the total base apportionment for the ,state under section #ajd7;c72 bears to 7,b7 the total base apportionments for all ,states under section #ajd7;c74 7c7 ,emissions reduction supplemental 7#a7 ,in general ,a ,state shall use #ej percent of the amount distributed to the ,state under subsection 7b7 for each fiscal year to carry out activities under paragraph 7#b74 7#b7 ,eligible activities ,subject to paragraph 7#c71 a ,state and any metropolitan planning organization that is required to obligate funds in accordance with subsection 7e7 shall use the funds under paragraph 7#a7 for activities designed to reduce transportation emissions1 including-- 7,a7 a project described in paragraph 7#d71 7#e71 7#g71 or 7#h7 of subsection 7b7 of section #adi or subsection 7c77#b7 of that section1 regardless of whether the project-- 7i7 is located in an area designated as a nonattainment or maintenance area1 as described in section #adi7;b72 or 7ii7 is likely to contribute to the attainment or maintenance in the area of a national ambient air quality standard2 7,b7 a project that is eligible for assistance under section #adb2 7,c7 a project for the provision of facilities for pedestrians and bicyclists 7including the conversion and use of rail corridors for pedestrian and bike trails72 7,d7 a project that is described in section #ejc7;c77#d77;,e72 7,e7 a project to reduce emissions from port-related equipment and vehicles2 7,f7 a project to replace street lighting and traffic control devices with energy efficient alternatives2 and 7,g7 the development of a carbon reduction strategy under subsection 7d77#a77;,a74 7#c7 ,limitation ,no funds provided under paragraph 7#a7 may be used for a project that will result in the construction of new capacity available to single-occupant vehicles4 7#d7 ,federal share ,the ,federal share of the cost of a project carried out with funds under paragraph 7#a7 shall be determined in accordance with section #abj4 7d7 ,carbon reduction strategy planning incentive 7#a7 ,carbon reduction strategy 7,a7 ,in general ,a ,state may1 in consultation with a metropolitan planning organization within the ,state1 develop a carbon reduction strategy4 7,b7 ,requirements ,if a ,state develops a carbon reduction strategy under subparagraph 7,a71 the carbon reduction strategy shall-- 7i7 identify projects and strategies to reduce transportation emissions1 which may include projects and strategies for safe1 reliable1 and cost-effective options-- 7,i7 to reduce traffic congestion on ,federal-aid highways located within the ,state or the area served by the metropolitan planning organization1 as applicable2 7,,ii7 to facilitate the use of alternatives to single-occupant vehicle trips1 including public transportation facilities1 pedestrian facilities1 bicycle facilities1 and shared or pooled vehicle trips within the ,state or an area served by the metropolitan planning organization1 if any2 7,,iii7 to facilitate the use of vehicles or modes of travel that result in lower transportation emissions per person-mile traveled2 and 7,,iv7 to facilitate approaches to transportation asset construction and maintenance that result in lower transportation emissions2 7ii7 set targets for the reduction of transportation emissions and implementation of the projects and strategies identified under clause 7i72 7iii7 be appropriate to the population density and context of the ,state1 including a metropolitan planning organization within the ,state1 if any2 7iv7 provide a reasonable opportunity for participation and review by interested parties within the ,state2 7v7 be updated not less frequently than once every #c years2 and 7vi7 be reviewed and certified by the ,secretary to have met the requirements of this subparagraph4 7#b7 ,carbon reduction strategy planning incentive 7,a7 ,in general ,a ,state shall use #ej percent of the amounts made available to the ,state under subsection 7b7 for each fiscal year for the eligible activities under subparagraph 7,b74 7,b7 ,eligible activities 7i7 ,in general ,a ,state and any metropolitan planning organization in the ,state that is required to obligate funds in accordance with subsection 7e7 may use the funds under subparagraph 7,a7 for a project or strategy described in subsection 7c77#b74 7ii7 ,additional eligibility incentive ,in addition to the eligible activities under clause 7i71 a ,state and any metropolitan planning organization in the ,state that is required to obligate funds in accordance with subsection 7e7 may use the funds under subparagraph 7,a7 for a project eligible under section #acc7;b7 if-- 7,i7 the ,state has1 within the fiscal year prior to the fiscal year in which the ,secretary is making the grant or by a deadline established by the ,secretary in the fiscal year in which the ,secretary is making the grant1 developed a carbon reduction strategy under paragraph 7#a77;,a7 that has been approved by the ,secretary under clause 7vi7 of that paragraph2 or 7,,ii7 the ,state or metropolitan planning organization has1 within the #d fiscal years prior to the fiscal year in which the ,secretary is making the grant or by a deadline established by the ,secretary in the fiscal year in which the ,secretary is making the grant1 incorporated a carbon reduction strategy under paragraph 7#a77;,a7 into-- 7aa7 a long-range transportation plan developed by the metropolitan planning organization under section #acd7;c71 if any2 and 7bb7 the long-range statewide transportation plan developed by the ,state under section #ace7;f77#a74 7,c7 ,federal share ,the ,federal share of the cost of a project carried out using funds under subparagraph 7,a7 shall be-- 7i7 in the case of a ,state or metropolitan planning organization within a ,state that meets the requirements under subparagraph 7,b77ii71 up to #ajj percent1 at the discretion of the ,state2 and 7ii7 in the case of a ,state or metropolitan planning organization within a ,state that is not described in clause 7i71 determined in accordance with section #abj4 7e7 ,suballocation requirements 7#a7 ,in general ,for each fiscal year1 of the funds made available to a ,state under subsections 7c7 and 7d7-- 7,a7 #fe percent of each amount shall be obligated1 in proportion to their relative shares of the population of the ,state-- 7i7 in urbanized areas of the ,state with an urbanized area population of over #bjj1jjj2 and 7ii7 in other areas of the ,state2 and 7,b7 the remainder may be obligated in any area of the ,state4 7#b7 ,metropolitan areas ,funds attributed to an urbanized area under paragraph 7#a77;,a77i7 may be obligated in the metropolitan area established under section #acd that encompasses the urbanized area4 7#c7 ,distribution among urbanized areas of over #bjj1jjj population 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amount that a ,state is required to obligate under paragraph 7#a77;,a77i7 shall be obligated in urbanized areas described in paragraph 7#a77;,a77i7 based on the relative population of the areas4 7,b7 ,other factors ,the ,state may obligate the funds described in subparagraph 7,a7 based on other factors if-- 7i7 the ,state and the relevant metropolitan planning organizations jointly apply to the ,secretary for the permission to base the obligation on other factors2 and 7ii7 the ,secretary grants the request4 7#d7 ,consultation in urbanized areas ,before obligating funds for an eligible activity under subsection 7c7 or 7d7 in an urbanized area that is not a transportation management area1 a ,state shall consult with any metropolitan planning organization that represents the urbanized area prior to determining which activities should be carried out4 7#e7 ,consultation in rural areas ,before obligating funds for an eligible activity under subsection 7c7 or 7d7 in a rural area1 a ,state shall consult with any regional transportation planning organization or metropolitan planning organization that represents the rural area prior to determining which activities should be carried out4 #agh4 ,carbon reduction performance program 7a7 ,definitions ,in this section3 7#a7 ,metropolitan planning organization2 urbanized area ,the terms metropolitan planning organization and urbanized area have the meaning given those terms in section #acd7;b74 7#b7 ,qualifying ,state ,the term qualifying ,state means a ,state in which-- 7,a7 the average annual transportation emissions within the ,state has grown more slowly or declined during the most recent #b-;calendar-year period for which data are available for transportation emissions at the time the ,secretary is making the grant under this section1 as compared to the #b-;calendar-year period that immediately precedes that period2 or 7,b7 the average annual transportation emissions within the ,state1 as estimated on a per capita basis1 has grown more slowly or declined during the most recent #b-;calendar-year period for which data are available for transportation emissions at the time the ,secretary is making the grant under this section1 as compared to the #b-;calendar-year period that immediately precedes that period4 7#c7 ,qualifying unit of local government ,the term qualifying unit of local government means a unit of local government in an urbanized area served by a metropolitan planning organization1 in which-- 7,a7 the average annual transportation emissions within the urbanized area has grown more slowly or declined during the most recent #b-;calendar-year period for which data are available for transportation emissions at the time the ,secretary is making the grant under this section1 as compared to the #b-;calendar-year period that immediately precedes that period2 or 7,b7 the average annual transportation emissions within the urbanized area1 as estimated on a per capita basis1 has grown more slowly or declined during the most recent #b-;calendar-year period for which data are available for transportation emissions at the time the ,secretary is making the grant under this section1 as compared to the #b-;calendar-year period that immediately precedes that period4 7#d7 ,transportation emissions ,the term transportation emissions has the meaning given the term in section #agg7;a74 7b7 ,carbon reduction performance and planning recognition awards 7#a7 ,in general ,the ,secretary shall establish a competitive grant program to award grants to eligible entities in recognition of the achievement of the eligible entity in meeting the performance categories described in paragraph 7#c77;,a74 7#b7 ,eligible entities ,the ,secretary shall distribute amounts under paragraph 7#a7 to any of the following3 7,a7 ,a qualifying ,state4 7,b7 ,a qualifying unit of local government4 7#c7 ,performance categories 7,a7 ,in general ,the ,secretary shall select eligible entities to receive a grant under paragraph 7#a7 to recognize the achievement of the eligible entity in meeting any of the following performance categories3 7i7 ,a significant reduction in transportation emissions1 as estimated on a per unit of economic output basis4 7ii7 ,a significant reduction in transportation emissions1 as estimated on a per capita basis4 7iii7 ,transportation emissions1 as estimated on a per unit of economic output basis1 that are among the lowest of jurisdictions with comparable population and surface transportation system characteristics4 7iv7 ,transportation emissions1 as estimated on a per capita basis1 that are among the lowest of jurisdictions with comparable population and surface transportation system characteristics4 7v7 ,innovative planning efforts and the implementation of a carbon reduction strategy under section #agg7;d77#a77;,a7 or plans that lead to a reduction in transportation emissions4 7,b7 ,merit based distribution ,in selecting among eligible entities to receive grants under paragraph 7#a7 and the amount of each of those grants1 the ,secretary shall give priority to eligible entities that have achieved the most significant levels of reductions of transportation emissions1 as estimated on either a per unit of economic basis or on a per capita basis4 7,c7 ,multiple awards ,the ,secretary may-- 7i7 award a grant under paragraph 7#a7 to multiple eligible entities for each performance category described in subparagraph 7,a72 and 7ii7 recognize achievements in each performance category described in subparagraph 7,a7-- 7,i7 in urban and rural areas2 and 7,,ii7 on the ,state and local level4 7,d7 ,repeat awards ,the ,secretary may not award a grant under this subsection to the same eligible entity more than once in a #b-year period4 7#d7 ,award amount ,a grant under paragraph 7#a7 shall be in an amount-- 7,a7 not less than #e1jjj1jjj2 and 7,b7 not more than #cj1jjj1jjj4 7#e7 ,eligible uses ,an eligible entity may use a grant under paragraph 7#a7 for-- 7,a7 an activity eligible under this title2 and 7,b7 a project-- 7i7 to maintain the condition of a ,federal-aid highway1 including routine maintenance2 or 7ii7 that-- 7,i7 responds to a specific condition or event2 and 7,,ii7 restores a ,federal-aid highway to a functional state of operations4 7#f7 ,applications ,to be eligible to receive a grant under paragraph 7#a71 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#g7 ,federal share ,the ,federal share of the cost of a project carried out using a grant under paragraph 7#a7 shall be1 as determined at the discretion of the grant recipient1 up to #ajj percent4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code 7as amended by section #abjc7;b771 is amended by inserting after the item relating to section #agf the following3 #agg4 ,formula carbon reduction incentive program4#agh4 ,carbon reduction performance program4 4 #adjd4 ,congestion relief program 7a7 ,in general ,section #abi of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,congestion relief program 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible entity ,the term eligible entity means-- 7i7 a ,state1 for the purpose of carrying out a project in an urbanized area with a population of more than #a1jjj1jjj2 and 7ii7 a metropolitan planning organization1 city1 or municipality1 for the purpose of carrying out a project in an urbanized area with a population of more than #a1jjj1jjj4 7,b7 ,integrated congestion management system ,the term integrated congestion management system means a system for the integration of management and operations of a regional transportation system that includes1 at a minimum1 traffic incident management1 work zone management1 traffic signal timing1 managed lanes1 real-time traveler information1 and active traffic management1 in order to maximize the capacity of all facilities and modes across the applicable region4 7,c7 ,program ,the term program means the congestion relief program established under paragraph 7#b74 7#b7 ,establishment ,the ,secretary shall establish a congestion relief program to provide discretionary grants to eligible entities to advance innovative1 integrated1 and multimodal solutions to congestion relief in the most congested metropolitan areas of the ,united ,states4 7#c7 ,program goals ,the goals of the program are to reduce highway congestion1 reduce economic and environmental costs associated with that congestion1 including transportation emissions1 and optimize existing highway capacity and usage of highway and transit systems through-- 7,a7 improving intermodal integration with highways1 highway operations1 and highway performance2 7,b7 reducing or shifting highway users to off-peak travel times or to nonhighway travel modes during peak travel times2 and 7,c7 pricing of1 or based on1 as applicable-- 7i7 parking2 7ii7 use of roadways1 including in designated geographic zones2 or 7iii7 congestion4 7#d7 ,eligible projects ,funds from a grant under the program may be used for a project or an integrated collection of projects1 including planning1 design1 implementation1 and construction activities1 to achieve the program goals under paragraph 7#c71 including-- 7,a7 deployment and operation of an integrated congestion management system2 7,b7 deployment and operation of a system that implements or enforces high occupancy vehicle toll lanes1 cordon pricing1 parking pricing1 or congestion pricing2 7,c7 deployment and operation of mobility services1 including establishing account-based financial systems1 commuter buses1 commuter vans1 express operations1 paratransit1 and on-demand microtransit2 and 7,d7 incentive programs that encourage travelers to carpool1 use nonhighway travel modes during peak period1 or travel during nonpeak periods4 7#e7 ,application2 selection 7,a7 ,application ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,b7 ,priority ,in providing grants under the program1 the ,secretary shall give priority to projects in urbanized areas that are experiencing a high degree of recurrent congestion4 7,c7 ,federal share ,the ,federal share of the cost of a project carried out with a grant under the program shall not exceed #hj percent of the total project cost4 7,d7 ,minimum award ,a grant provided under the program shall be not less than #aj1jjj1jjj4 7#f7 ,use of tolling 7,a7 ,in general ,notwithstanding subsection 7a77#a7 and section #cja and subject to subparagraphs 7,b7 and 7,c71 the ,secretary shall allow the use of tolls on the ,interstate ,system as part of a project carried out with a grant under the program4 7,b7 ,requirements ,the ,secretary may only approve the use of tolls under subparagraph 7,a7 if-- 7i7 the eligible entity has authority under ,state1 and if applicable1 local1 law to assess the applicable toll2 7ii7 the maximum toll rate for any vehicle class is not greater than the product obtained by multiplying-- 7,i7 the toll rate for any other vehicle class2 and 7,,ii7 #e2 7iii7 the toll rates are not charged or varied on the basis of ,state residency2 7iv7 the ,secretary determines that the use of tolls will enable the eligible entity to achieve the program goals under paragraph 7#c7 without a significant impact to safety or mobility within the urbanized area in which the project is located2 and 7v7 the use of toll revenues complies with subsection 7a77#c74 7,c7 ,limitation ,the ,secretary may not approve the use of tolls on the ,interstate ,system under the program in more than #aj urbanized areas4 7#g7 ,financial effects on low-income drivers ,a project under the program-- 7,a7 shall include1 if appropriate1 an analysis of the potential effects of the project on low-income drivers2 and 7,b7 may include mitigation measures to deal with any potential adverse financial effects on low-income drivers4 4 7b7 ,high occupancy vehicle use of certain toll facilities ,section #abi7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#aj7 as paragraph 7#aa72 and 7#b7 by inserting after paragraph 7#i7 the following3 7#aj7 ,high occupancy vehicle use of certain toll facilities ,notwithstanding section #ajb7;a71 in the case of a toll facility that is on the ,interstate ,system and that is constructed or converted after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai1 the public authority with jurisdiction over the toll facility shall allow high occupancy vehicles1 transit1 and paratransit vehicles to use the facility at a discount rate or without charge1 unless the public authority1 in consultation with the ,secretary1 determines that the number of those vehicles using the facility reduces the travel time reliability of the facility4 4 #adje4 ,freight plans 7a7 ,national and ,state freight plans 7#a7 ,national freight strategic plan ,section #gjajb7;b7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#aj71 by striking and at the end2 7,b7 in paragraph 7#aa71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#ab7 possible strategies to increase resiliency1 including the ability to anticipate1 prepare for1 or adapt to conditions1 or withstand1 respond to1 or recover rapidly from disruptions1 including extreme weather and natural disasters2 7#ac7 strategies to promote ,united ,states economic growth and international competitiveness2 and 7#ad7 strategies to reduce local air pollution1 water runoff1 and wildlife habitat loss4 4 7#b7 ,state freight plans ,section #gjbjb of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#i71 by striking and at the end2 7ii7 by redesignating paragraph 7#aj7 as paragraph 7#ac72 and 7iii7 by inserting after paragraph 7#i7 the following3 7#aj7 the most recent commercial motor vehicle parking facilities assessment conducted under subsection 7f72 7#aa7 strategies and goals to decrease-- 7,a7 the severity of impacts of extreme weather and natural disasters2 7,b7 local air pollution2 7,c7 flooding1 water runoff1 and other adverse water impacts2 and 7,d7 wildlife habitat loss2 7#ab7 strategies and goals to decrease the adverse impact of freight transportation on communities traversed by freight railroads2 and 2 7,b7 by redesignating subsection 7e7 as subsection 7h72 and 7,c7 by inserting after subsection 7d7 the following3 7e7 ,priority ,each ,state freight plan under this section shall include a requirement that the ,state1 in carrying out activities under the ,state freight plan-- 7#a7 enhance reliability or redundancy2 or 7#b7 incorporate the ability to rapidly restore access and reliability4 7f7 ,commercial motor vehicle parking facilities assessments ,as part of the development or updating1 as applicable1 of the ,state freight plan under this section1 each ,state that receives funding under section #afg of title #bc1 in consultation with relevant ,state motor carrier safety personnel1 shall conduct an assessment of-- 7#a7 the capability of the ,state1 together with the private sector in the ,state1 to provide adequate parking facilities and rest facilities for commercial motor vehicles engaged in interstate transportation2 7#b7 the volume of commercial motor vehicle traffic in the ,state2 and 7#c7 whether there are any areas within the ,state that have a shortage of adequate commercial motor vehicle parking facilities1 including an analysis 7economic or otherwise1 as the ,state determines to be appropriate7 of the underlying causes of any such shortages4 7g7 ,approval 7#a7 ,in general ,the ,secretary of ,transportation shall approve a ,state freight plan described in subsection 7a7 if the plan achieves compliance with the requirements of this section4 7#b7 ,savings provision ,nothing in this subsection establishes new procedural requirements for the approval of a ,state freight plan described in subsection 7a74 4 7b7 ,studies ,for the purpose of facilitating the integration of freight transportation into an intelligent transportation system network powered by electricity1 the ,secretary1 acting through the ,administrator of the ,federal ,highway ,administration1 shall conduct #b or more appropriate studies relating to-- 7#a7 preparing to supply power to applicable electrical freight infrastructure2 and 7#b7 safely integrating freight into a smart vehicle world4 #adjf4 ,utilizing significant emissions with innovative technologies 7a7 ,research1 investigation1 training1 and other activities ,section #ajc of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7 is amended-- 7#a7 in subsection 7c77#c71 in the first sentence of the matter preceding subparagraph 7,a71 by striking percursors and inserting precursors2 and 7#b7 in subsection 7g7-- 7,a7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and indenting appropriately2 7,b7 in the undesignated matter following subparagraph 7,d7 7as so redesignated7-- 7i7 in the second sentence1 by striking ,the ,administrator and inserting the following3 7#e7 ,coordination and avoidance of duplication ,the ,administrator 2 and 7ii7 in the first sentence1 by striking ,nothing and inserting the following3 7#d7 ,effect of subsection ,nothing 2 7,c7 in the matter preceding subparagraph 7,a7 7as so redesignated7-- 7i7 in the third sentence1 by striking ,such program and inserting the following3 7#c7 ,program inclusions ,the program under this subsection 2 7ii7 in the second sentence-- 7,i7 by inserting ,states1 institutions of higher education1 after scientists12 and 7,,ii7 by striking ,such strategies and technologies shall be developed and inserting the following3 7#b7 ,participation requirement ,such strategies and technologies described in paragraph 7#a7 shall be developed 2 and 7iii7 in the first sentence1 by striking ,in carrying out and inserting the following3 7#a7 ,in general ,in carrying out 2 and 7,d7 by adding at the end the following3 7#f7 ,certain carbon dioxide activities 7,a7 ,in general ,in carrying out paragraph 7#c77;,a7 with respect to carbon dioxide1 the ,administrator shall carry out the activities described in each of subparagraphs 7,b71 7,c71 7,d71 and 7,e74 7,b7 ,direct air capture research 7i7 ,definitions ,in this subparagraph3 7,i7 ,board ,the term ,board means the ,direct ,air ,capture ,technology ,advisory ,board established by clause 7iii77,i74 7,,ii7 ,dilute ,the term dilute means a concentration of less than #a percent by volume4 7,,iii7 ,direct air capture 7aa7 ,in general ,the term direct air capture1 with respect to a facility1 technology1 or system1 means that the facility1 technology1 or system uses carbon capture equipment to capture carbon dioxide directly from the air4 7bb7 ,exclusion ,the term direct air capture does not include any facility1 technology1 or system that captures carbon dioxide-- 7,,aa7 that is deliberately released from a naturally occurring subsurface spring2 or 7,,bb7 using natural photosynthesis4 7,,iv7 ,intellectual property ,the term intellectual property means-- 7aa7 an invention that is patentable under title #ce1 ,united ,states ,code2 and 7bb7 any patent on an invention described in item 7aa74 7ii7 ,technology prizes 7,i7 ,in general ,not later than #a year after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai1 the ,administrator1 in consultation with the ,secretary of ,energy1 shall establish a program to provide1 and shall provide1 financial awards on a competitive basis for direct air capture from media in which the concentration of carbon dioxide is dilute4 7,,ii7 ,duties ,in carrying out this clause1 the ,administrator shall-- 7aa7 subject to subclause 7,,iii71 develop specific requirements for-- 7,,aa7 the competition process2 and 7,,bb7 the demonstration of performance of approved projects2 7bb7 offer financial awards for a project designed-- 7,,aa7 to the maximum extent practicable1 to capture more than #aj1jjj tons of carbon dioxide per year2 and 7,,bb7 to operate in a manner that would be commercially viable in the foreseeable future 7as determined by the ,board72 and 7cc7 to the maximum extent practicable1 make financial awards to geographically diverse projects1 including at least-- 7,,aa7 #a project in a coastal ,state2 and 7,,bb7 #a project in a rural ,state4 7,,iii7 ,public participation ,in carrying out subclause 7,,ii77aa71 the ,administrator shall-- 7aa7 provide notice of and1 for a period of not less than #fj days1 an opportunity for public comment on1 any draft or proposed version of the requirements described in subclause 7,,ii77aa72 and 7bb7 take into account public comments received in developing the final version of those requirements4 7iii7 ,direct air capture technology advisory board 7,i7 ,establishment ,there is established an advisory board to be known as the ,direct ,air ,capture ,technology ,advisory ,board4 7,,ii7 ,composition ,the ,board shall be composed of #i members appointed by the ,administrator1 who shall provide expertise in-- 7aa7 climate science2 7bb7 physics2 7cc7 chemistry2 7dd7 biology2 7ee7 engineering2 7ff7 economics2 7gg7 business management2 and 7hh7 such other disciplines as the ,administrator determines to be necessary to achieve the purposes of this subparagraph4 7,,iii7 ,term2 vacancies 7aa7 ,term ,a member of the ,board shall serve for a term of #f years4 7bb7 ,vacancies ,a vacancy on the ,board-- 7,,aa7 shall not affect the powers of the ,board2 and 7,,bb7 shall be filled in the same manner as the original appointment was made4 7,,iv7 ,initial meeting ,not later than #cj days after the date on which all members of the ,board have been appointed1 the ,board shall hold the initial meeting of the ,board4 7,v7 ,meetings ,the ,board shall meet at the call of the ,chairperson or on the request of the ,administrator4 7,,vi7 ,quorum ,a majority of the members of the ,board shall constitute a quorum1 but a lesser number of members may hold hearings4 7,,vii7 ,chairperson and vice chairperson ,the ,board shall select a ,chairperson and ,vice ,chairperson from among the members of the ,board4 7,,viii7 ,compensation ,each member of the ,board may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code1 for each day during which the member is engaged in the actual performance of the duties of the ,board4 7,,ix7 ,duties ,the ,board shall advise the ,administrator on carrying out the duties of the ,administrator under this subparagraph4 7,x7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,board4 7iv7 ,intellectual property 7,i7 ,in general ,as a condition of receiving a financial award under this subparagraph1 an applicant shall agree to vest the intellectual property of the applicant derived from the technology in #a or more entities that are incorporated in the ,united ,states4 7,,ii7 ,reservation of license ,the ,united ,states-- 7aa7 may reserve a nonexclusive1 nontransferable1 irrevocable1 paid-up license1 to have practiced for or on behalf of the ,united ,states1 in connection with any intellectual property described in subclause 7,i72 but 7bb7 shall not1 in the exercise of a license reserved under item 7aa71 publicly disclose proprietary information relating to the license4 7,,iii7 ,transfer of title ,title to any intellectual property described in subclause 7,i7 shall not be transferred or passed1 except to an entity that is incorporated in the ,united ,states1 until the expiration of the first patent obtained in connection with the intellectual property4 7v7 ,authorization of appropriations 7,i7 ,in general ,there is authorized to be appropriated to carry out this subparagraph #ce1jjj1jjj1 to remain available until expended4 7,,ii7 ,requirement ,research carried out using amounts made available under subclause 7,i7 may not duplicate research funded by the ,department of ,energy4 7vi7 ,termination of authority ,the ,board and all authority provided under this subparagraph shall terminate not later than #aj years after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai4 7,c7 ,carbon dioxide utilization research 7i7 ,definition of carbon dioxide utilization ,in this subparagraph1 the term carbon dioxide utilization refers to technologies or approaches that lead to the use of carbon dioxide-- 7,i7 through the fixation of carbon dioxide through photosynthesis or chemosynthesis1 such as through the growing of algae or bacteria2 7,,ii7 through the chemical conversion of carbon dioxide to a material or chemical compound in which the carbon dioxide is securely stored2 or 7,,iii7 through the use of carbon dioxide for any other purpose for which a commercial market exists1 as determined by the ,administrator4 7ii7 ,program ,the ,administrator1 in consultation with the ,secretary of ,energy1 shall carry out a research and development program for carbon dioxide utilization to promote existing and new technologies that transform carbon dioxide generated by industrial processes into a product of commercial value1 or as an input to products of commercial value4 7iii7 ,technical and financial assistance ,not later than #b years after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai1 in carrying out this subsection1 the ,administrator1 in consultation with the ,secretary of ,energy1 shall support research and infrastructure activities relating to carbon dioxide utilization by providing technical assistance and financial assistance in accordance with clause 7iv74 7iv7 ,eligibility ,to be eligible to receive technical assistance and financial assistance under clause 7iii71 a carbon dioxide utilization project shall-- 7,i7 have access to an emissions stream generated by a stationary source within the ,united ,states that is capable of supplying not less than #bej metric tons per day of carbon dioxide for research2 7,,ii7 have access to adequate space for a laboratory and equipment for testing small-scale carbon dioxide utilization technologies1 with onsite access to larger test bays for scale-up2 and 7,,iii7 have existing partnerships with institutions of higher education1 private companies1 ,states1 or other government entities4 7v7 ,coordination ,in supporting carbon dioxide utilization projects under this paragraph1 the ,administrator shall consult with the ,secretary of ,energy1 and1 as appropriate1 with the head of any other relevant ,federal agency1 ,states1 the private sector1 and institutions of higher education to develop methods and technologies to account for the carbon dioxide emissions avoided by the carbon dioxide utilization projects4 7vi7 ,authorization of appropriations 7,i7 ,in general ,there is authorized to be appropriated to carry out this subparagraph #ej1jjj1jjj1 to remain available until expended4 7,,ii7 ,requirement ,research carried out using amounts made available under subclause 7,i7 may not duplicate research funded by the ,department of ,energy4 7,d7 ,deep saline formation report 7i7 ,definition of deep saline formation 7,i7 ,in general ,in this subparagraph1 the term deep saline formation means a formation of subsurface geographically extensive sedimentary rock layers saturated with waters or brines that have a high total dissolved solids content and that are below the depth where carbon dioxide can exist in the formation as a supercritical fluid4 7,,ii7 ,clarification ,in this subparagraph1 the term deep saline formation does not include oil and gas reservoirs4 7ii7 ,report ,in consultation with the ,secretary of ,energy1 and1 as appropriate1 with the head of any other relevant ,federal agency and relevant stakeholders1 not later than #a year after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai1 the ,administrator shall prepare1 submit to ,congress1 and make publicly available a report that includes-- 7,i7 a comprehensive identification of potential risks and benefits to project developers associated with increased storage of carbon dioxide captured from stationary sources in deep saline formations1 using existing research2 7,,ii7 recommendations1 if any1 for managing the potential risks identified under subclause 7,i71 including potential risks unique to public land2 and 7,,iii7 recommendations1 if any1 for ,federal legislation or other policy changes to mitigate any potential risks identified under subclause 7,i74 7,e7 ,report on carbon dioxide nonregulatory strategies and technologies 7i7 ,in general ,not less frequently than once every #b years1 the ,administrator shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that describes-- 7,i7 the recipients of assistance under subparagraphs 7,b7 and 7,c72 and 7,,ii7 a plan for supporting additional nonregulatory strategies and technologies that could significantly prevent carbon dioxide emissions or reduce carbon dioxide levels in the air1 in conjunction with other ,federal agencies4 7ii7 ,inclusions ,the plan submitted under clause 7i7 shall include-- 7,i7 a methodology for evaluating and ranking technologies based on the ability of the technologies to cost effectively reduce carbon dioxide emissions or carbon dioxide levels in the air2 and 7,,ii7 a description of any nonair-related environmental or energy considerations regarding the technologies4 7,f7 ,,gao report ,the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that-- 7i7 identifies all ,federal grant programs in which a purpose of a grant under the program is to perform research on carbon capture and utilization technologies1 including direct air capture technologies2 and 7ii7 examines the extent to which the ,federal grant programs identified pursuant to clause 7i7 overlap or are duplicative4 4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency 7referred to in this subsection as the ,administrator7 shall submit to ,congress a report describing how funds appropriated to the ,administrator during the #e most recent fiscal years have been used to carry out section #ajc of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc71 including a description of-- 7#a7 the amount of funds used to carry out specific provisions of that section2 and 7#b7 the practices used by the ,administrator to differentiate funding used to carry out that section1 as compared to funding used to carry out other provisions of law4 7c7 ,inclusion of carbon capture infrastructure projects ,section #dajja7f7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7#f77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in the matter preceding clause 7i71 by inserting carbon capture1 after manufacturing12 7,b7 in clause 7i77,,iii71 by striking or at the end2 7,c7 by redesignating clause 7ii7 as clause 7iii72 and 7,d7 by inserting after clause 7i7 the following3 7ii7 is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines2 or 2 and 7#b7 by adding at the end the following3 7,c7 ,inclusion ,for purposes of subparagraph 7,a71 construction of infrastructure for carbon capture includes construction of-- 7i7 any facility1 technology1 or system that captures1 utilizes1 or sequesters carbon dioxide emissions1 including projects for direct air capture 7as defined in paragraph 7#f77;,b77i7 of section #ajc7;g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;g772 and 7ii7 carbon dioxide pipelines4 4 7d7 ,development of carbon capture1 utilization1 and sequestration report1 permitting guidance1 and regional permitting task force 7#a7 ,definitions ,in this subsection3 7,a7 ,carbon capture1 utilization1 and sequestration projects ,the term carbon capture1 utilization1 and sequestration projects includes projects for direct air capture 7as defined in paragraph 7#f77;,b77i7 of section #ajc7;g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;g7774 7,b7 ,efficient1 orderly1 and responsible ,the term efficient1 orderly1 and responsible means1 with respect to development or the permitting process for carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines1 a process that is completed in an expeditious manner while maintaining environmental1 health1 and safety protections4 7#b7 ,report 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,chair of the ,council on ,environmental ,quality 7referred to in this subsection as the ,chair71 in consultation with the ,administrator of the ,environmental ,protection ,agency1 the ,secretary of ,energy1 the ,secretary of the ,interior1 the ,executive ,director of the ,federal ,permitting ,improvement ,council1 and the head of any other relevant ,federal agency 7as determined by the ,president71 shall prepare a report that-- 7i7 compiles all existing relevant ,federal permitting and review information and resources for project applicants1 agencies1 and other stakeholders interested in the deployment of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines1 including-- 7,i7 the appropriate points of interaction with ,federal agencies2 7,,ii7 clarification of the permitting responsibilities and authorities among ,federal agencies2 and 7,,iii7 best practices and templates for permitting2 7ii7 inventories current or emerging activities that transform captured carbon dioxide into a product of commercial value1 or as an input to products of commercial value2 7iii7 inventories existing initiatives and recent publications that analyze or identify priority carbon dioxide pipelines needed to enable efficient1 orderly1 and responsible development of carbon capture1 utilization1 and sequestration projects at increased scale2 7iv7 identifies gaps in the current ,federal regulatory framework for the deployment of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines2 and 7v7 identifies ,federal financing mechanisms available to project developers4 7,b7 ,submission2 publication ,the ,chair shall-- 7i7 submit the report under subparagraph 7,a7 to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7ii7 as soon as practicable1 make the report publicly available4 7#c7 ,guidance 7,a7 ,in general ,after submission of the report under paragraph 7#b77;,b71 but not later than #a year after the date of enactment of this ,act1 the ,chair shall submit guidance consistent with that report to all relevant ,federal agencies that-- 7i7 facilitates reviews associated with the deployment of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines2 and 7ii7 supports the efficient1 orderly1 and responsible development of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines4 7,b7 ,requirements 7i7 ,in general ,the guidance under subparagraph 7,a7 shall address requirements under-- 7,i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,,ii7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7,,iii7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7,,iv7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,v7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,,vi7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7formerly known as the ,national ,historic ,preservation ,act72 7,,vii7 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq472 7,,viii7 the ,act of ,june #h1 #aidj 7#af ,u4,s4,c4 #ffh et seq47 7commonly known as the ,bald and ,golden ,eagle ,protection ,act72 and 7,,ix7 any other ,federal law that the ,chair determines to be appropriate4 7ii7 ,environmental reviews ,the guidance under subparagraph 7,a7 shall include direction to ,states and other interested parties for the development of programmatic environmental reviews under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines4 7iii7 ,public involvement ,the guidance under subparagraph 7,a7 shall be subject to the public notice1 comment1 and solicitation of information procedures under section #aejf4f of title #dj1 ,code of ,federal ,regulations 7or a successor regulation74 7,c7 ,submission2 publication ,the ,chair shall-- 7i7 submit the guidance under subparagraph 7,a7 to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7ii7 as soon as practicable1 make the guidance publicly available4 7,d7 ,evaluation ,the ,chair shall-- 7i7 periodically evaluate the reports of the task forces under paragraph 7#d77;,e7 and1 as necessary1 revise the guidance under subparagraph 7,a72 and 7ii7 each year1 submit to the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and relevant ,federal agencies a report that describes any recommendations for legislation1 rules1 revisions to rules1 or other policies that would address the issues identified by the task forces under paragraph 7#d77;,e74 7#d7 ,task force 7,a7 ,establishment ,not later than #ah months after the date of enactment of this ,act1 the ,chair shall establish not less than #b task forces1 which shall each cover a different geographical area with differing demographic1 land use1 or geological issues-- 7i7 to identify permitting and other challenges and successes that permitting authorities and project developers and operators face2 and 7ii7 to improve the performance of the permitting process and regional coordination for the purpose of promoting the efficient1 orderly1 and responsible development of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines4 7,b7 ,members and selection 7i7 ,in general ,the ,chair shall-- 7,i7 develop criteria for the selection of members to each task force2 and 7,,ii7 select members for each task force in accordance with subclause 7,i7 and clause 7ii74 7ii7 ,members ,each task force-- 7,i7 shall include not less than #a representative of each of-- 7aa7 the ,environmental ,protection ,agency2 7bb7 the ,department of ,energy2 7cc7 the ,department of the ,interior2 7dd7 any other ,federal agency the ,chair determines to be appropriate2 7ee7 any ,state that requests participation in the geographical area covered by the task force2 7ff7 developers or operators of carbon capture1 utilization1 and sequestration projects or carbon dioxide pipelines2 and 7gg7 nongovernmental membership organizations1 the primary mission of which concerns protection of the environment2 and 7,,ii7 at the request of a ,tribal or local government1 may include a representative of-- 7aa7 not less than #a local government in the geographical area covered by the task force2 and 7bb7 not less than #a ,tribal government in the geographical area covered by the task force4 7,c7 ,meetings 7i7 ,in general ,each task force shall meet not less than twice each year4 7ii7 ,joint meeting ,to the maximum extent practicable1 the task forces shall meet collectively not less than once each year4 7,d7 ,duties ,each task force shall-- 7i7 inventory existing or potential ,federal and ,state approaches to facilitate reviews associated with the deployment of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines1 including best practices that-- 7,i7 avoid duplicative reviews2 7,,ii7 engage stakeholders early in the permitting process2 and 7,,iii7 make the permitting process efficient1 orderly1 and responsible2 7ii7 develop common models for ,state-level carbon dioxide pipeline regulation and oversight guidelines that can be shared with ,states in the geographical area covered by the task force2 7iii7 provide technical assistance to ,states in the geographical area covered by the task force in implementing regulatory requirements and any models developed under clause 7ii72 7iv7 inventory current or emerging activities that transform captured carbon dioxide into a product of commercial value1 or as an input to products of commercial value2 7v7 identify any priority carbon dioxide pipelines needed to enable efficient1 orderly1 and responsible development of carbon capture1 utilization1 and sequestration projects at increased scale2 7vi7 identify gaps in the current ,federal and ,state regulatory framework and in existing data for the deployment of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines2 7vii7 identify ,federal and ,state financing mechanisms available to project developers2 and 7viii7 develop recommendations for relevant ,federal agencies on how to develop and research technologies that-- 7,i7 can capture carbon dioxide2 and 7,,ii7 would be able to be deployed within the region covered by the task force1 including any projects that have received technical or financial assistance for research under paragraph 7#f7 of section #ajc7;g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;g774 7,e7 ,report ,each year1 each task force shall prepare and submit to the ,chair and to the other task forces a report that includes-- 7i7 any recommendations for improvements in efficient1 orderly1 and responsible issuance or administration of ,federal permits and other ,federal authorizations required under a law described in paragraph 7#c77;,b77i72 and 7ii7 any other nationally relevant information that the task force has collected in carrying out the duties under subparagraph 7,d74 7,f7 ,evaluation ,not later than #e years after the date of enactment of this ,act1 the ,chair shall-- 7i7 reevaluate the need for the task forces2 and 7ii7 submit to ,congress a recommendation as to whether the task forces should continue4 #adjg4 ,promoting ,resilient ,operations for ,transformative1 ,efficient1 and ,cost-saving ,transportation 7,,protect7 grant program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code 7as amended by section #adjc7;a771 is amended by adding at the end the following3 #agi4 ,promoting ,resilient ,operations for ,transformative1 ,efficient1 and ,cost-saving ,transportation 7,,protect7 grant program 7a7 ,definitions ,in this section3 7#a7 ,emergency event ,the term emergency event means a natural disaster or catastrophic failure resulting in-- 7,a7 an emergency declared by the ,governor of the ,state in which the disaster or failure occurred2 or 7,b7 an emergency or disaster declared by the ,president4 7#b7 ,evacuation route ,the term evacuation route means a transportation route or system that-- 7,a7 is owned1 operated1 or maintained by a ,federal1 ,state1 ,tribal1 or local government or a private entity2 7,b7 is used-- 7i7 to transport the public away from emergency events2 or 7ii7 to transport emergency responders and recovery resources2 and 7,c7 is designated by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph 7,b74 7#c7 ,program ,the term program means the grant program established under subsection 7b77#a74 7#d7 ,resilience improvement ,the term resilience improvement means the use of materials or structural or nonstructural techniques1 including natural infrastructure-- 7,a7 that allow a project-- 7i7 to better anticipate1 prepare for1 and adapt to changing conditions and to withstand and respond to disruptions2 and 7ii7 to be better able to continue to serve the primary function of the project during and after weather events and natural disasters for the expected life of the project2 or 7,b7 that-- 7i7 reduce the magnitude and duration of impacts of current and future weather events and natural disasters to a project2 or 7ii7 have the absorptive capacity1 adaptive capacity1 and recoverability to decrease project vulnerability to current and future weather events or natural disasters4 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a grant program1 to be known as the ,promoting ,resilient ,operations for ,transformative1 ,efficient1 and ,cost-saving ,transportation grant program or the ,,protect grant program4 7#b7 ,purpose ,the purpose of the program is to provide grants for resilience improvements through-- 7,a7 formula funding distributed to ,states2 7,b7 competitive planning grants to enable communities to assess vulnerabilities to current and future weather events and natural disasters and changing conditions1 including sea level rise1 and plan infrastructure improvements and emergency response strategies to address those vulnerabilities2 and 7,c7 competitive resilience improvement grants to protect-- 7i7 infrastructure assets by making the assets more resilient to current and future weather events and natural disasters1 such as severe storms1 flooding1 drought1 levee and dam failures1 wildfire1 rockslides1 mudslides1 sea level rise1 extreme weather1 including extreme temperature1 and earthquakes2 7ii7 communities through resilience improvements and strategies that allow for the continued operation or rapid recovery of surface transportation systems that-- 7,i7 serve critical local1 regional1 and national needs1 including evacuation routes2 and 7,,ii7 provide access or service to hospitals and other medical or emergency service facilities1 major employers1 critical manufacturing centers1 ports and intermodal facilities1 utilities1 and ,federal facilities2 7iii7 coastal infrastructure1 such as a tide gate1 that is at long-term risk to sea level rise2 and 7iv7 natural infrastructure that protects and enhances surface transportation assets while improving ecosystem conditions1 including culverts that ensure adequate flows in rivers and estuarine systems4 7c7 ,formula awards 7#a7 ,distribution of funds to ,states 7,a7 ,in general ,for each fiscal year1 the ,secretary shall distribute among the ,states the amounts made available to carry out this subsection for that fiscal year in accordance with subparagraph 7,b74 7,b7 ,distribution ,the amount for each ,state shall be determined by multiplying the total amount made available to carry out this subsection for the applicable fiscal year by the ratio that-- 7i7 the total base apportionment for the ,state under section #ajd7;c72 bears to 7ii7 the total base apportionments for all ,states under section #ajd7;c74 7#b7 ,eligible activities 7,a7 ,in general ,except as provided in subparagraph 7,b71 a ,state shall use funds made available under paragraph 7#a7 to carry out activities eligible under subparagraph 7,a71 7,b71 or 7,c7 of subsection 7d77#d74 7,b7 ,planning set-aside ,of the amounts made available to each ,state under paragraph 7#a7 for each fiscal year1 not less than #b percent shall be for activities described in subsection 7d77#c74 7#c7 ,requirements 7,a7 ,projects in certain areas ,if a project under this subsection is carried out1 in whole or in part1 within a base floodplain1 the ,state shall-- 7i7 identify the base floodplain in which the project is to be located and disclose that information to the ,secretary2 and 7ii7 indicate to the ,secretary whether the ,state plans to implement #a or more components of the risk mitigation plan under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe7 with respect to the area4 7,b7 ,eligibilities ,a ,state shall use funds made available under paragraph 7#a7 for-- 7i7 a highway project eligible for assistance under this title2 7ii7 a public transportation facility or service eligible for assistance under chapter #ec of title #di2 7iii7 a facility or service for intercity rail passenger transportation 7as defined in section #bdajb of title #di72 or 7iv7 a port facility1 including a facility that-- 7,i7 connects a port to other modes of transportation2 7,,ii7 improves the efficiency of evacuations and disaster relief2 or 7,,iii7 aids transportation4 7,c7 ,system resilience ,a project carried out by a ,state with funds made available under this subsection may include the use of natural infrastructure or the construction or modification of storm surge1 flood protection1 or aquatic ecosystem restoration elements that are functionally connected to a transportation improvement1 such as-- 7i7 increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage2 7ii7 upgrades to and installing of culverts designed to withstand #ajj-year flood events2 7iii7 upgrades to and installation of tide gates to protect highways2 and 7iv7 upgrades to and installation of flood gates to protect tunnel entrances4 7,d7 ,federal cost share 7i7 ,in general ,except as provided in subsection 7f77#a71 the ,federal share of the cost of a project carried out using funds made available under paragraph 7#a7 shall not exceed #hj percent of the total project cost4 7ii7 ,non-federal share ,a ,state may use ,federal funds other than ,federal funds made available under this subsection to meet the non-,federal cost share requirement for a project under this subsection4 7,e7 ,eligible project costs 7i7 ,in general ,except as provided in clause 7ii71 eligible project costs for activities carried out by a ,state with funds made available under paragraph 7#a7 may include the costs of-- 7,i7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7,,ii7 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 7ii7 ,eligible planning costs ,in the case of a planning activity described in subsection 7d77#c7 that is carried out by a ,state with funds made available under paragraph 7#a71 eligible costs may include development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 other preconstruction activities1 and other activities consistent with carrying out the purposes of subsection 7d77#c74 7,f7 ,limitations ,in carrying out this subsection1 a ,state-- 7i7 may use not more than #be percent of the amounts made available under this subsection for the construction of new capacity2 and 7ii7 may use not more than #aj percent of the amounts made available under this subsection for activities described in subparagraph 7,e77i77,i74 7d7 ,competitive awards 7#a7 ,in general ,in addition to funds distributed to ,states under subsection 7c77#a71 the ,secretary shall provide grants on a competitive basis under this subsection to eligible entities described in paragraph 7#b74 7#b7 ,eligible entities ,the ,secretary may make a grant under this subsection to any of the following3 7,a7 ,a ,state or political subdivision of a ,state4 7,b7 ,a metropolitan planning organization4 7,c7 ,a unit of local government4 7,d7 ,a special purpose district or public authority with a transportation function1 including a port authority4 7,e7 ,an ,indian tribe 7as defined in section #bjg7m77#a774 7,f7 ,a ,federal land management agency that applies jointly with a ,state or group of ,states4 7,g7 ,a multi-,state or multijurisdictional group of entities described in subparagraphs 7,a7 through 7,f74 7#c7 ,planning grants ,using funds made available under this subsection1 the ,secretary shall provide planning grants to eligible entities for the purpose of-- 7,a7 in the case of a ,state or metropolitan planning organization1 developing a resilience improvement plan under subsection 7f77#b72 7,b7 resilience planning1 predesign1 design1 or the development of data tools to simulate transportation disruption scenarios1 including vulnerability assessments2 7,c7 technical capacity building by the eligible entity to facilitate the ability of the eligible entity to assess the vulnerabilities of the infrastructure assets and community response strategies of the eligible entity under current conditions and a range of potential future conditions2 or 7,d7 evacuation planning and preparation4 7#d7 ,resilience grants 7,a7 ,resilience improvement grants 7i7 ,in general ,using funds made available under this subsection1 the ,secretary shall provide resilience improvement grants to eligible entities to carry out #a or more eligible activities under clause 7ii74 7ii7 ,eligible activities 7,i7 ,in general ,an eligible entity may use a resilience improvement grant under this subparagraph for #a or more construction activities to enable an existing surface transportation infrastructure asset to withstand #a or more elements of a weather event or natural disaster1 or to increase the resilience of surface transportation infrastructure from the impacts of changing conditions1 such as sea level rise1 flooding1 extreme weather events1 and other natural disasters4 7,,ii7 ,inclusions ,an activity eligible to be carried out under this subparagraph includes-- 7aa7 resurfacing1 restoration1 rehabilitation1 reconstruction1 replacement1 improvement1 or realignment of an existing surface transportation facility eligible for assistance under this title2 7bb7 the incorporation of natural infrastructure2 7cc7 the upgrade of an existing surface transportation facility to meet or exceed ,federal ,highway ,administration approved design standards2 7dd7 the installation of mitigation measures that prevent the intrusion of floodwaters into surface transportation systems2 7ee7 strengthening systems that remove rainwater from surface transportation facilities2 7ff7 a resilience project that addresses identified vulnerabilities described in the resilience improvement plan of the eligible entity1 if applicable2 7gg7 relocating roadways in a base floodplain to higher ground above projected flood elevation levels1 or away from slide prone areas2 7hh7 stabilizing slide areas or slopes2 7ii7 installing riprap2 7jj7 lengthening or raising bridges to increase waterway openings1 including to respond to extreme weather2 7kk7 deepening channels to prevent flooding2 7ll7 increasing the size or number of drainage structures2 7mm7 installing seismic retrofits on bridges2 7nn7 adding scour protection at bridges2 7oo7 adding scour1 stream stability1 coastal1 and other hydraulic countermeasures1 including spur dikes2 and 7pp7 any other protective features1 including natural infrastructure1 as determined by the ,secretary4 7iii7 ,priority ,the ,secretary shall prioritize a resilience improvement grant to an eligible entity if-- 7,i7 the ,secretary determines-- 7aa7 the benefits of the eligible activity proposed to be carried out by the eligible entity exceed the costs of the activity2 and 7bb7 there is a need to address the vulnerabilities of infrastructure assets of the eligible entity with a high risk of1 and impacts associated with1 failure due to the impacts of weather events1 natural disasters1 or changing conditions1 such as sea level rise and increased flood risk2 or 7,,ii7 the eligible activity proposed to be carried out by the eligible entity is included in the applicable resilience improvement plan under subsection 7f77#b74 7,b7 ,community resilience and evacuation route grants 7i7 ,in general ,using funds made available under this subsection1 the ,secretary shall provide community resilience and evacuation route grants to eligible entities to carry out #a or more eligible activities under clause 7ii74 7ii7 ,eligible activities ,an eligible entity may use a community resilience and evacuation route grant under this subparagraph for #a or more projects that strengthen and protect evacuation routes that are essential for providing and supporting evacuations caused by emergency events1 including a project that-- 7,i7 is an eligible activity under subparagraph 7,a77ii71 if that eligible activity will improve an evacuation route2 7,,ii7 ensures the ability of the evacuation route to provide safe passage during an evacuation and reduces the risk of damage to evacuation routes as a result of future emergency events1 including restoring or replacing existing evacuation routes that are in poor condition or not designed to meet the anticipated demand during an emergency event1 and including steps to protect routes from mud1 rock1 or other debris slides2 7,,iii7 if the ,secretary determines that existing evacuation routes are not sufficient to adequately facilitate evacuations1 including the transportation of emergency responders and recovery resources1 expands the capacity of evacuation routes to swiftly and safely accommodate evacuations1 including installation of-- 7aa7 communications and intelligent transportation system equipment and infrastructure2 7bb7 counterflow measures2 or 7cc7 shoulders2 7,,iv7 is for the construction of-- 7aa7 new or redundant evacuation routes1 if the ,secretary determines that existing evacuation routes are not sufficient to adequately facilitate evacuations1 including the transportation of emergency responders and recovery resources2 or 7bb7 sheltering facilities that are functionally connected to an eligible project2 7,v7 is for the acquisition of evacuation route or traffic incident management equipment1 vehicles1 or signage2 or 7,,vi7 will ensure access or service to critical destinations1 including hospitals and other medical or emergency service facilities1 major employers1 critical manufacturing centers1 ports and intermodal facilities1 utilities1 and ,federal facilities4 7iii7 ,priority ,the ,secretary shall prioritize community resilience and evacuation route grants under this subparagraph for eligible activities that are cost-effective1 as determined by the ,secretary1 taking into account-- 7,i7 current and future vulnerabilities to an evacuation route due to future occurrence or recurrence of emergency events that are likely to occur in the geographic area in which the evacuation route is located2 and 7,,ii7 projected changes in development patterns1 demographics1 and extreme weather events based on the best available evidence and analysis4 7iv7 ,consultation ,in providing grants for community resilience and evacuation routes under this subparagraph1 the ,secretary shall consult with the ,administrator of the ,federal ,emergency ,management ,agency1 who shall provide technical assistance to the ,secretary and to eligible entities4 7,c7 ,at-risk coastal infrastructure grants 7i7 ,definition of coastal ,state ,in this subparagraph1 the term coastal ,state means-- 7,i7 a ,state in1 or bordering on1 the ,atlantic1 ,pacific1 or ,arctic ,ocean1 the ,gulf of ,mexico1 ,long ,island ,sound1 or #a or more of the ,great ,lakes2 7,,ii7 the ,united ,states ,virgin ,islands2 7,,iii7 ,guam2 7,,iv7 ,american ,samoa2 and 7,v7 the ,commonwealth of the ,northern ,mariana ,islands4 7ii7 ,grants ,using funds made available under this subsection1 the ,secretary shall provide at-risk coastal infrastructure grants to eligible entities in coastal ,states to carry out #a or more eligible activities under clause 7iii74 7iii7 ,eligible activities ,an eligible entity may use an at-risk coastal infrastructure grant under this subparagraph for strengthening1 stabilizing1 hardening1 elevating1 relocating1 or otherwise enhancing the resilience of highway and non-rail infrastructure1 including bridges1 roads1 pedestrian walkways1 and bicycle lanes1 and associated infrastructure1 such as culverts and tide gates1 that are subject to1 or face increased long-term future risks of1 a weather event1 a natural disaster1 or changing conditions1 including coastal flooding1 coastal erosion1 wave action1 storm surge1 or sea level rise1 in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs4 7iv7 ,criteria ,the ,secretary shall provide at-risk coastal infrastructure grants under this subparagraph for a project-- 7,i7 that addresses the risks from a current or future weather event or natural disaster1 including coastal flooding1 coastal erosion1 wave action1 storm surge1 or sea level change2 and 7,,ii7 that reduces long-term infrastructure costs by avoiding larger future maintenance or rebuilding costs4 7v7 ,coastal benefits ,in addition to the criteria under clause 7iv71 for the purpose of providing at-risk coastal infrastructure grants under this subparagraph1 the ,secretary shall evaluate the extent to which a project will provide-- 7,i7 access to coastal homes1 businesses1 communities1 and other critical infrastructure1 including access by first responders and other emergency personnel2 or 7,,ii7 access to a designated evacuation route4 7#e7 ,grant requirements 7,a7 ,solicitations for grants ,in providing grants under this subsection1 the ,secretary shall conduct a transparent and competitive national solicitation process to select eligible projects to receive grants under paragraph 7#c7 and subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#d74 7,b7 ,applications 7i7 ,in general ,to be eligible to receive a grant under paragraph 7#c7 or subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#d71 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 necessary4 7ii7 ,projects in certain areas ,if a project is proposed to be carried out by the eligible entity1 in whole or in part1 within a base floodplain1 the eligible entity shall-- 7,i7 as part of the application1 identify the floodplain in which the project is to be located and disclose that information to the ,secretary2 and 7,,ii7 indicate in the application whether1 if selected1 the eligible entity will implement #a or more components of the risk mitigation plan under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe7 with respect to the area4 7,c7 ,eligibilities ,the ,secretary may make a grant under paragraph 7#c7 or subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#d7 only for-- 7i7 a highway project eligible for assistance under this title2 7ii7 a public transportation facility or service eligible for assistance under chapter #ec of title #di2 7iii7 a facility or service for intercity rail passenger transportation 7as defined in section #bdajb of title #di72 or 7iv7 a port facility1 including a facility that-- 7,i7 connects a port to other modes of transportation2 7,,ii7 improves the efficiency of evacuations and disaster relief2 or 7,,iii7 aids transportation4 7,d7 ,system resilience ,a project for which a grant is provided under paragraph 7#c7 or subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#d7 may include the use of natural infrastructure or the construction or modification of storm surge1 flood protection1 or aquatic ecosystem restoration elements that the ,secretary determines are functionally connected to a transportation improvement1 such as-- 7i7 increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage2 7ii7 upgrades to and installing of culverts designed to withstand #ajj-year flood events2 7iii7 upgrades to and installation of tide gates to protect highways2 and 7iv7 upgrades to and installation of flood gates to protect tunnel entrances4 7,e7 ,federal cost share 7i7 ,planning grant ,the ,federal share of the cost of a planning activity carried out using a planning grant under paragraph 7#c7 shall be #ajj percent4 7ii7 ,resilience grants 7,i7 ,in general ,except as provided in subclause 7,,ii7 and subsection 7f77#a71 the ,federal share of the cost of a project carried out using a grant under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#d7 shall not exceed #hj percent of the total project cost4 7,,ii7 ,tribal projects ,on the determination of the ,secretary1 the ,federal share of the cost of a project carried out using a grant under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#d7 by an ,indian tribe 7as defined in section #bjg7m77#a77 may be up to #ajj percent4 7iii7 ,non-federal share ,the eligible entity may use ,federal funds other than ,federal funds provided under this subsection to meet the non-,federal cost share requirement for a project carried out with a grant under this subsection4 7,f7 ,eligible project costs 7i7 ,resilience grant projects ,eligible project costs for activities funded with a grant under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#d7 may include the costs of-- 7,i7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7,,ii7 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 7ii7 ,planning grants ,eligible project costs for activities funded with a grant under paragraph 7#c7 may include the costs of development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 other preconstruction activities1 and other activities consistent with carrying out the purposes of that paragraph4 7,g7 ,limitations ,an eligible entity that receives a grant under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#d7-- 7i7 may use not more than #be percent of the amount of the grant for the construction of new capacity2 and 7ii7 may use not more than #aj percent of the amount of the grant for activities described in subparagraph 7,f77i77,i74 7,h7 ,distribution of grants 7i7 ,in general ,subject to the availability of funds1 an eligible entity may request and the ,secretary may distribute funds for a grant under this subsection on a multiyear basis1 as the ,secretary determines to be necessary4 7ii7 ,rural set-aside ,of the amounts made available to carry out this subsection for each fiscal year1 the ,secretary shall use not less than #be percent for grants for projects located in areas that are outside an urbanized area with a population of over #bjj1jjj4 7iii7 ,tribal set-aside ,of the amounts made available to carry out this subsection for each fiscal year1 the ,secretary shall use not less than #b percent for grants to ,indian tribes 7as defined in section #bjg7m77#a774 7iv7 ,reallocation ,for any fiscal year1 if the ,secretary determines that the amount described in clause 7ii7 or 7iii7 will not be fully utilized for the grant described in that clause1 the ,secretary may reallocate the unutilized funds to provide grants to other eligible entities under this subsection4 7e7 ,consultation ,in carrying out the program1 the ,secretary shall-- 7#a7 consult with the ,assistant ,secretary of the ,army for ,civil ,works1 the ,administrator of the ,environmental ,protection ,agency1 the ,secretary of the ,interior1 and the ,secretary of ,commerce2 and 7#b7 solicit technical support from the ,administrator of the ,federal ,emergency ,management ,agency4 7f7 ,resilience improvement plan and lower non-,federal share 7#a7 ,federal share reductions 7,a7 ,in general ,a ,state that receives funds under subsection 7c7 or an eligible entity that receives a grant under subsection 7d7 shall have the non-,federal share of a project carried out with the funds or grant1 as applicable1 reduced by an amount described in subparagraph 7,b7 if the ,state or eligible entity meets the applicable requirements under that subparagraph4 7,b7 ,amount of reductions 7i7 ,resilience improvement plan ,subject to clause 7iii71 the amount of the non-,federal share of the costs of a project carried out with funds under subsection 7c7 or a grant under subsection 7d7 shall be reduced by #g percentage points if-- 7,i7 in the case of a ,state or an eligible entity that is a ,state or a metropolitan planning organization1 the ,state or eligible entity has-- 7aa7 developed a resilience improvement plan in accordance with this subsection2 and 7bb7 prioritized the project on that resilience improvement plan2 and 7,,ii7 in the case of an eligible entity not described in subclause 7,i71 the eligible entity is located in a ,state or an area served by a metropolitan planning organization that has-- 7aa7 developed a resilience improvement plan in accordance with this subsection2 and 7bb7 prioritized the project on that resilience improvement plan4 7ii7 ,incorporation of resilience improvement plan in other planning ,subject to clause 7iii71 the amount of the non-,federal share of the cost of a project carried out with funds under subsection 7c7 or a grant under subsection 7d7 shall be reduced by #c percentage points if-- 7,i7 in the case of a ,state or an eligible entity that is a ,state or a metropolitan planning organization1 the resilience improvement plan developed in accordance with this subsection has been incorporated into the metropolitan transportation plan under section #acd or the long-range statewide transportation plan under section #ace1 as applicable2 and 7,,ii7 in the case of an eligible entity not described in subclause 7,i71 the eligible entity is located in a ,state or an area served by a metropolitan planning organization that incorporated a resilience improvement plan into the metropolitan transportation plan under section #acd or the long-range statewide transportation plan under section #ace1 as applicable4 7iii7 ,limitations 7,i7 ,maximum reduction ,a ,state or eligible entity may not receive a reduction under this paragraph of more than #aj percentage points for any single project carried out with funds under subsection 7c7 or a grant under subsection 7d74 7,,ii7 ,no negative non-,federal share ,a reduction under this paragraph shall not reduce the non-,federal share of the costs of a project carried out with funds under subsection 7c7 or a grant under subsection 7d7 to an amount that is less than zero4 7#b7 ,plan contents ,a resilience improvement plan referred to in paragraph 7#a7-- 7,a7 shall be for the immediate and long-range planning activities and investments of the ,state or metropolitan planning organization with respect to resilience2 7,b7 shall demonstrate a systemic approach to transportation system resilience and be consistent with and complementary of the ,state and local mitigation plans required under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe72 7,c7 shall-- 7i7 include a risk-based assessment of vulnerabilities of transportation assets and systems to current and future weather events and natural disasters1 such as severe storms1 flooding1 drought1 levee and dam failures1 wildfire1 rockslides1 mudslides1 sea level rise1 extreme weather1 including extreme temperatures1 and earthquakes2 7ii7 designate evacuation routes and strategies1 including multimodal facilities1 designated with consideration for individuals without access to personal vehicles2 7iii7 plan for response to anticipated emergencies1 including plans for the mobility of-- 7,i7 emergency response personnel and equipment2 and 7,,ii7 access to emergency services1 including for vulnerable or disadvantaged populations2 7iv7 describe the resilience improvement policies1 including strategies1 land-use and zoning changes1 investments in natural infrastructure1 or performance measures that will inform the transportation investment decisions of the ,state or metropolitan planning organization with the goal of increasing resilience2 7v7 include an investment plan that-- 7,i7 includes a list of priority projects2 and 7,,ii7 describes how funds provided by a grant under the program would be invested and matched1 which shall not be subject to fiscal constraint requirements2 and 7vi7 use science and data and indicate the source of data and methodologies2 and 7,d7 shall1 as appropriate-- 7i7 include a description of how the plan will improve the ability of the ,state or metropolitan planning organization-- 7,i7 to respond promptly to the impacts of weather events and natural disasters2 and 7,,ii7 to be prepared for changing conditions1 such as sea level rise and increased flood risk2 7ii7 describe the codes1 standards1 and regulatory framework1 if any1 adopted and enforced to ensure resilience improvements within the impacted area of proposed projects included in the resilience improvement plan2 7iii7 consider the benefits of combining hard infrastructure assets1 and natural infrastructure1 through coordinated efforts by the ,federal ,government and the ,states2 7iv7 assess the resilience of other community assets1 including buildings and housing1 emergency management assets1 and energy1 water1 and communication infrastructure2 7v7 use a long-term planning period2 and 7vi7 include such other information as the eligible entity considers appropriate4 7#c7 ,no new planning requirements ,nothing in this section requires a metropolitan planning organization or a ,state to develop a resilience improvement plan or to include a resilience improvement plan under the metropolitan transportation plan under section #acd or the long-range statewide transportation plan under section #ace1 as applicable1 of the metropolitan planning organization or ,state4 7g7 ,monitoring 7#a7 ,in general ,not later than #ah months after the date of enactment of this section1 the ,secretary1 in consultation with the officials described in subsection 7e71 shall-- 7,a7 establish1 for the purpose of evaluating the effectiveness and impacts of projects carried out under the program-- 7i7 subject to paragraph 7#b71 transportation and any other metrics as the ,secretary determines to be necessary2 and 7ii7 procedures for monitoring and evaluating projects based on those metrics2 and 7,b7 select a representative sample of projects to evaluate based on the metrics and procedures established under subparagraph 7,a74 7#b7 ,notice ,before adopting any metrics described in paragraph 7#a71 the ,secretary shall-- 7,a7 publish the proposed metrics in the ,federal ,register2 and 7,b7 provide to the public an opportunity for comment on the proposed metrics4 7h7 ,reports 7#a7 ,reports from eligible entities ,not later than #a year after the date on which a project carried out under the program is completed1 the entity that carried out the project shall submit to the ,secretary a report on the results of the project and the use of the funds received under the program4 7#b7 ,reports to ,congress 7,a7 ,annual reports ,the ,secretary shall submit to ,congress1 and publish on the website of the ,department of ,transportation1 an annual report that describes the implementation of the program during the preceding calendar year1 including-- 7i7 each project for which a grant was provided under the program2 7ii7 information relating to project applications received2 7iii7 the manner in which the consultation requirements were implemented under this section2 7iv7 recommendations to improve the administration of the program1 including whether assistance from additional or fewer agencies to carry out the program is appropriate2 7v7 the period required to disburse grant funds to recipients based on applicable ,federal coordination requirements2 and 7vi7 a list of facilities that repeatedly require repair or reconstruction due to emergency events4 7,b7 ,final report ,not later than #e years after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai1 the ,secretary shall submit to ,congress a report that includes the results of the reports submitted under subparagraph 7,a74 7i7 ,administrative expenses ,the ,secretary shall use not more than #e percent of the amounts made available to carry out the program for each fiscal year for the costs of administering the program1 including monitoring and evaluation under subsection 7g74 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code 7as amended by section #adjc7;b771 is amended by inserting after the item relating to section #agh the following3 #agi4 ,promoting ,resilient ,operations for ,transformative1 ,efficient1 and ,cost-saving ,transportation 7,,protect7 grant program4 4 #adjh4 ,diesel emissions reduction 7a7 ,reauthorization of diesel emissions reduction program ,section #gig7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afacg7;a77 is amended by striking #bjaf and inserting #bjbd4 7b7 ,recognizing differences in diesel vehicle1 engine1 equipment1 and fleet use 7#a7 ,national grant1 rebate1 and loan programs ,section #gib7;c77#d77;,d7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afacb7;c77#d77;,d77 is amended by inserting 1 recognizing differences in typical vehicle1 engine1 equipment1 and fleet use throughout the ,united ,states before the semicolon4 7#b7 ,state grant1 rebate1 and loan programs ,section #gic7;b77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afacc7;b77#a77 is amended-- 7,a7 in subparagraph 7,b71 by striking 2 and and inserting a semicolon2 and 7,b7 by adding at the end the following3 7,d7 the recognition1 for purposes of implementing this section1 of differences in typical vehicle1 engine1 equipment1 and fleet use throughout the ,united ,states1 including expected useful life2 and 4 7c7 ,reallocation of unused ,state funds ,section #gic7;c77#b77;,c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afacc7;c77#b77;,c77 is amended beginning in the matter preceding clause 7i7 by striking to each remaining and all that follows through this paragraph in clause 7ii7 and inserting to carry out section #gib4 ,e ,miscellaneous #aeja4 ,additional deposits into ,highway ,trust ,fund 7a7 ,in general ,section #aje of title #bc1 ,united ,states ,code1 is repealed4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #aje4 #aejb4 ,stopping threats on pedestrians 7a7 ,definition of bollard installation project ,in this section1 the term bollard installation project means a project to install raised concrete or metal posts on a sidewalk adjacent to a roadway that are designed to slow or stop a motor vehicle4 7b7 ,establishment ,not later than #a year after the date of enactment of this ,act and subject to the availability of appropriations1 the ,secretary shall establish and carry out a competitive grant pilot program to provide assistance to local government entities for bollard installation projects designed to prevent pedestrian injuries and acts of terrorism in areas used by large numbers of pedestrians4 7c7 ,application ,to be eligible to receive a grant under this section1 a local government entity shall submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary determines to be appropriate1 which shall include1 at a minimum-- 7#a7 a description of the proposed bollard installation project to be carried out2 7#b7 a description of the pedestrian injury or terrorism risks with respect to the proposed installation area2 and 7#c7 an analysis of how the proposed bollard installation project will mitigate those risks4 7d7 ,use of funds ,a recipient of a grant under this section may only use the grant funds for a bollard installation project4 7e7 ,federal share ,the ,federal share of the costs of a bollard installation project carried out with a grant under this section may be up to #ajj percent4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #e1jjj1jjj for each of fiscal years #bjba through #bjbe4 #aejc4 ,transfer and sale of toll credits 7a7 ,definitions ,in this section3 7#a7 ,originating state ,the term originating ,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 ,pilot program ,the term pilot program means the pilot program established under subsection 7b74 7#c7 ,recipient state ,the term recipient ,state means a ,state that receives a credit by transfer or by sale under this section from an originating ,state4 7#d7 ,state ,the term ,state has the meaning given the term in section #aja7;a7 of title #bc1 ,united ,states ,code4 7b7 ,establishment of pilot program ,the ,secretary shall establish and implement a toll credit exchange pilot program in accordance with this section4 7c7 ,purposes ,the purposes of the pilot program are-- 7#a7 to identify the extent of the demand to purchase toll credits2 7#b7 to identify the cash price of toll credits through bilateral transactions between ,states2 7#c7 to analyze the impact of the purchase or sale of toll credits on transportation expenditures2 7#d7 to test the feasibility of expanding the pilot program to allow all ,states to participate on a permanent basis2 and 7#e7 to identify any other repercussions of the toll credit exchange4 7d7 ,selection of originating ,states 7#a7 ,application ,in order to participate in the pilot program as an originating ,state1 a ,state shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including1 at a minimum1 such information as is required for the ,secretary to verify-- 7,a7 the amount of unused toll credits for which the ,state has submitted certification to the ,secretary that are available to be sold or transferred under the pilot program1 including-- 7i7 toll revenue generated and the sources of that revenue2 7ii7 toll revenue used by public1 quasi-public1 and private agencies to build1 improve1 or maintain highways1 bridges1 or tunnels that serve the public purpose of interstate commerce2 and 7iii7 an accounting of any ,federal funds used by the public1 quasi-public1 or private agency to build1 improve1 or maintain the toll facility1 to validate that the credit has been reduced by a percentage equal to the percentage of the total cost of building1 improving1 or maintaining the facility that was derived from ,federal funds2 7,b7 the documentation of maintenance of effort for toll credits earned by the originating ,state2 and 7,c7 the accuracy of the accounting system of the ,state to earn and track toll credits4 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 originating ,state4 7#c7 ,limitation on sales ,at any time1 the ,secretary may limit the amount of unused toll credits that may be offered for sale under the pilot program4 7e7 ,transfer or sale of credits 7#a7 ,in general ,in carrying out the pilot program1 the ,secretary shall provide that an originating ,state may transfer or sell to a recipient ,state a credit not previously used by the originating ,state under section #abj7;i7 of title #bc1 ,united ,states ,code4 7#b7 ,website support ,the ,secretary shall make available a publicly accessible website on which originating ,states shall post the amount of toll credits1 verified under subsection 7d77#a77;,a71 that are available for sale or transfer to a recipient ,state4 7#c7 ,bilateral transactions ,an originating ,state and a recipient ,state may enter into a bilateral transaction to sell or transfer verified toll credits4 7#d7 ,notification ,not later than #cj days after the date on which a credit is transferred or sold1 the originating ,state and the recipient ,state shall jointly submit to the ,secretary a written notification of the transfer or sale1 including details on-- 7,a7 the amount of toll credits that have been sold or transferred2 7,b7 the price paid or other value transferred in exchange for the toll credits2 7,c7 the intended use by the recipient ,state of the toll credits1 if known2 7,d7 the intended use by the originating ,state of the cash or other value transferred2 7,e7 an update on the toll credit balance of the originating ,state and the recipient ,state2 and 7,f7 any other information about the transaction that the ,secretary may require4 7#e7 ,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 ,code1 in accordance with section #abj7;i7 of title #bc1 ,united ,states ,code4 7#f7 ,use of proceeds from sale of credits ,an originating ,state shall use the proceeds from the sale of a credit under paragraph 7#a7 for the construction costs of any project in the originating ,state that is eligible under title #bc1 ,united ,states ,code4 7f7 ,reporting requirements 7#a7 ,initial report ,not later than #a year after the date on which the pilot program is established1 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 ,final report ,not later than #c years after the date on which the pilot program is established1 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 viable and cost-effective2 7ii7 describes the buying and selling activities under the pilot program2 7iii7 describes the average sale price of toll credits2 7iv7 determines whether the pilot program could be expanded to more ,states or all ,states or to non-,state operators of toll facilities2 7v7 provides updated information on the toll credit balance accumulated by each ,state2 and 7vi7 describes the list of projects that were assisted by the pilot program2 and 7,b7 make the report under subparagraph 7,a7 publicly available on the website of the ,department4 7g7 ,termination 7#a7 ,in general ,the ,secretary may terminate the pilot program or the participation of any ,state in the pilot program if the ,secretary determines that-- 7,a7 the pilot program is not serving a public benefit2 or 7,b7 it is not cost effective to carry out the pilot program4 7#b7 ,procedures ,the termination of the pilot program or the participation of a ,state in the pilot program shall be carried out consistent with ,federal requirements for project closeout1 adjustment1 and continuing responsibilities4 #aejd4 ,forest ,service ,legacy ,roads and ,trails ,remediation ,program ,public ,law #hh-feg 7#af ,u4,s4,c4 #ecb et seq47 7commonly known as the ,forest ,roads and ,trails ,act7 is amended by adding at the end the following3 #h4 ,forest ,service legacy roads and trails remediation program 7a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary1 acting through the ,chief of the ,forest ,service1 shall establish1 and develop a national strategy to carry out1 a program1 to be known as the ,forest ,service ,legacy ,roads and ,trails ,remediation ,program1 within the ,national ,forest ,system1 to carry out critical maintenance and urgent repairs and improvements on ,national ,forest ,system roads1 trails1 and bridges4 7b7 ,priority ,in implementing the program under this section1 the ,secretary may give priority to any project that protects or restores-- 7#a7 water quality2 7#b7 a watershed that feeds a public drinking water system2 7#c7 important wildlife habitat1 as determined by the ,secretary1 in consultation with each affected ,state1 including habitat of threatened1 endangered1 or sensitive fish or wildlife species2 or 7#d7 historic public access for authorized multiple uses of ,national ,forest ,system land in accordance with the ,multiple-,use ,sustained-,yield ,act of #aifj 7#af ,u4,s4,c4 #ebh et seq471 including grazing1 recreation1 hunting1 fishing1 forest management1 wildfire mitigation1 and ecosystem restoration4 7c7 ,national forest system ,except as authorized under section #cbc of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiii 7#af ,u4,s4,c4 #ajaa;a71 each project carried out under this section shall be on a ,national ,forest ,system road or trail4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 4 #aeje4 ,disaster relief mobilization pilot program 7a7 ,definitions ,in this section3 7#a7 ,local community ,the term local community means-- 7,a7 a unit of local government2 7,b7 a political subdivision of a ,state or local government2 7,c7 a metropolitan planning organization 7as defined in section #acd7;b7 of title #bc1 ,united ,states ,code72 7,d7 a rural planning organization2 or 7,e7 a ,tribal government4 7#b7 ,pilot program ,the term pilot program means the pilot program established by the ,secretary under subsection 7b74 7b7 ,establishment ,the ,secretary shall establish and carry out a pilot program under which the ,secretary shall provide grants to local communities to develop disaster preparedness and disaster response plans that include the use of bicycles4 7c7 ,application and selection requirements 7#a7 ,partnerships ,to be eligible to receive a grant under the pilot program1 a local community shall demonstrate plans to enter into a partnership with-- 7,a7 #a or more nonprofit community organizations2 or 7,b7 #a or more bicycle or pedestrian advocacy organizations4 7#b7 ,application ,to be eligible to receive a grant under the pilot program1 a local community shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including an identification of each nonprofit community organization and bicycle or pedestrian advocacy organization with which the local community plans to establish a partnership under paragraph 7#a74 7#c7 ,selection ,for each fiscal year1 the ,secretary shall select not fewer than #d1 and not more than #aj1 local communities that meet the eligibility requirements to receive a grant under the pilot program4 7d7 ,maximum amount ,the maximum amount of a grant under the pilot program shall be #abe1jjj4 7e7 ,use of funds 7#a7 ,vulnerability assessment 7,a7 ,in general ,each recipient of a grant under the pilot program shall carry out a vulnerability assessment of active transportation infrastructure in the applicable community1 with a particular focus on areas in the local community that-- 7i7 have low levels of vehicle ownership2 and 7ii7 lack sufficient active transportation infrastructure routes to public transportation4 7,b7 ,public participation ,in carrying out the vulnerability assessment under subparagraph 7,a71 a grant recipient shall-- 7i7 provide an opportunity for public participation and feedback2 and 7ii7 consider public feedback in developing or modifying response plans under paragraph 7#b74 7#b7 ,disaster preparedness and disaster response plans 7,a7 ,in general ,each recipient of a grant under the pilot program shall develop or modify1 as applicable1 disaster preparedness and disaster response plans to include the use of bicycles by first responders1 emergency workers1 and community organization representatives-- 7i7 during an evacuation-- 7,i7 to notify residents of the need to evacuate2 7,,ii7 to evacuate individuals and goods2 and 7,,iii7 to reach individuals who are in need of first aid and medical assistance2 and 7ii7 after a disaster-- 7,i7 to assist in searching for and locating individuals in the disaster area2 7,,ii7 to carry-- 7aa7 water2 7bb7 food2 7cc7 first aid and other medical supplies2 and 7dd7 power sources and electric supplies1 such as cell phones1 radios1 lights1 and batteries2 7,,iii7 to reach individuals who are in need of the items described in subclause 7,,ii72 and 7,,iv7 to assist with other disaster relief tasks1 as appropriate4 7,b7 ,training and practice ,as part of the plans under subparagraph 7,a71 a grant recipient shall-- 7i7 provide training for first responders1 emergency workers1 and community organization representatives regarding-- 7,i7 competent bicycle skills1 including the use of cargo bicycles and electric bicycles1 as applicable2 7,,ii7 basic bicycle maintenance2 and 7,,iii7 methods to use bicycles to carry out the activities described in clauses 7i7 and 7ii7 of subparagraph 7,a72 and 7ii7 include in the plans a plan for-- 7,i7 practicing the skills described in clause 7i72 and 7,,ii7 maintaining bicycles and related equipment4 7,c7 ,bike supply ,as part of the plans under subparagraph 7,a71 a grant recipient shall provide bicycles1 as necessary and appropriate1 to each community organization acting in partnership with the recipient to allow representatives of the organization to assist in disaster preparedness and disaster response efforts4 7f7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report that-- 7#a7 describes the activities carried out under the pilot program2 7#b7 analyzes the effectiveness of the pilot program2 and 7#c7 includes recommendations1 if any1 regarding methods by which to incorporate bicycles into disaster preparedness and disaster response plans in other communities4 #aejf4 ,appalachian regional development 7a7 ,definition of ,appalachian region1 ,north ,carolina ,section #adajb7;a77#a77;,g7 of title #dj1 ,united ,states ,code1 is amended-- 7#a7 by inserting ,catawba1 after ,caldwell12 and 7#b7 by inserting ,cleveland1 after ,clay14 7b7 ,appalachian regional energy hub 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 #adeaa4 ,appalachian regional energy hub initiative 7a7 ,in general ,the ,appalachian ,regional ,commission may provide technical assistance to1 make grants to1 enter into contracts with1 or otherwise provide amounts to individuals or entities in the ,appalachian region for projects and activities-- 7#a7 to conduct research and analysis regarding the economic impact of an ethane storage hub in the ,appalachian region that supports a more-effective energy market performance due to the scale of the project1 such as a project with the capacity to store and distribute more than #ajj1jjj barrels per day of hydrocarbon feedstock with a minimum gross heating value of #a1gjj ,btu per standard cubic foot2 7#b7 with the potential to significantly contribute to the economic resilience of the area in which the project is located2 and 7#c7 that will help establish a regional energy hub in the ,appalachian region for natural gas and natural gas liquids1 including storage and associated pipelines4 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 made available to carry out this section2 7#b7 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 made available to carry out this section2 and 7#c7 in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section #adebf1 not more than #gj percent may be provided from amounts made available 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 section1 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 ,clerical amendment ,the analysis for subchapter ,i of chapter #ade of title #dj1 ,united ,states ,code1 is amended by inserting after the item relating to section #adeaj the following3 #adeaa4 ,appalachian regional energy hub initiative4 4 7c7 ,authorizations ,section #adgjc of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#d71 by striking and at the end2 7,b7 in paragraph 7#e71 by striking through #bjbj4 and inserting through #bjbj2 and2 and 7,c7 by adding at the end the following3 7#f7 #ahj1jjj1jjj for each of fiscal years #bjba through #bjbe4 2 7#b7 in subsection 7c7-- 7,a7 by striking #aj1jjj1jjj and inserting #bj1jjj1jjj2 and 7,b7 by striking #bjbj and inserting #bjbe2 7#c7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 and 7#d7 by inserting after subsection 7c7 the following3 7d7 ,appalachian regional energy hub initiative ,of the amounts made available under subsection 7a71 #e1jjj1jjj shall be used to carry out section #adeaa for each of fiscal years #bjba through #bjbe4 4 7d7 ,termination ,section #adgjd of title #dj1 ,united ,states ,code1 is amended by striking #bjbj and inserting #bjbe4 #aejg4 ,requirements for transportation projects carried out through public-private partnerships 7a7 ,definitions ,in this section3 7#a7 ,project ,the term project means a project 7as defined in section #aja of title #bc1 ,united ,states ,code7 that-- 7,a7 is carried out1 in whole or in part1 using ,federal financial assistance2 and 7,b7 has an estimated total cost of #ajj1jjj1jjj or more4 7#b7 ,public-private partnership ,the term public-private partnership means an agreement between a public agency and a private entity to finance1 build1 and maintain or operate a project4 7b7 ,requirements for projects carried out through public-,private partnerships ,with respect to a public-private partnership1 as a condition of receiving ,federal financial assistance for a project1 the ,secretary shall require the public partner1 not later than #c years after the date of opening of the project to traffic-- 7#a7 to conduct a review of the project1 including a review of the compliance of the private partner with the terms of the public-private partnership agreement2 7#b7 7,a7 to certify to the ,secretary that the private partner of the public-private partnership is meeting the terms of the public-private partnership agreement for the project2 or 7,b7 to notify the ,secretary that the private partner of the public-private partnership has not met #a or more of the terms of the public-private partnership agreement for the project1 including a brief description of each violation of the public-private partnership agreement2 and 7#c7 to make publicly available the certification or notification1 as applicable1 under paragraph 7#b7 in a form that does not disclose any proprietary or confidential business information4 7c7 ,notification ,if the ,secretary provides ,federal financial assistance to a project carried out through a public-private partnership1 not later than #cj days after the date on which the ,federal financial assistance is first obligated1 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 notification of the ,federal financial assistance made available for the project4 7d7 ,value for money analysis 7#a7 ,project approval and oversight ,section #ajf7;h77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7,c7 by inserting after subparagraph 7,c7 the following3 7,d7 for a project in which the project sponsor intends to carry out the project through a public-private partnership agreement1 shall include a detailed value for money analysis or similar comparative analysis for the project2 and 4 7#b7 ,surface transportation block grant program ,paragraph 7#af7 of section #acc7;b7 of title #bc1 ,united ,states ,code 7as redesignated by section #aaji7;a77#a77;,c771 is amended by inserting 1 including conducting value for money analyses or similar comparative analyses1 after oversight4 7#c7 ,,tifia ,section #fjb7;a7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#aa7 ,public-private partnerships ,in the case of a project to be carried out through a public-private partnership1 the public partner shall have-- 7,a7 conducted a value for money analysis or similar comparative analysis2 and 7,b7 determined the appropriateness of the public-private partnership agreement4 4 7e7 ,applicability ,this section and the amendments made by this section shall only apply to a public-private partnership agreement entered into on or after the date of enactment of this ,act4 #aejh4 ,community connectivity pilot program 7a7 ,definition of eligible facility 7#a7 ,in general ,in this section1 the term eligible facility means a highway or other transportation facility that creates a barrier to community connectivity1 including barriers to mobility1 access1 or economic development1 due to high speeds1 grade separations1 or other design factors4 7#b7 ,inclusions ,in this section1 the term eligible facility may include-- 7,a7 a limited access highway2 7,b7 a viaduct2 and 7,c7 any other principal arterial facility4 7b7 ,establishment ,the ,secretary shall establish a pilot program through which an eligible entity may apply for funding-- 7#a7 to study the feasibility and impacts of removing an existing eligible facility2 7#b7 to conduct planning activities necessary to design a project to remove an existing eligible facility2 and 7#c7 to conduct construction activities necessary to carry out a project to remove an existing eligible facility4 7c7 ,planning grants 7#a7 ,eligible entities ,the ,secretary may award a grant 7referred to in this section as a planning grant7 to carry out planning activities described in paragraph 7#b7 to-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a ,tribal government2 7,d7 a metropolitan planning organization2 and 7,e7 a nonprofit organization4 7#b7 ,eligible activities described ,the planning activities referred to in paragraph 7#a7 are-- 7,a7 planning studies to evaluate the feasibility of removing an eligible facility1 including evaluations of-- 7i7 current traffic patterns on the eligible facility proposed for removal and the surrounding street network2 7ii7 the capacity of existing transportation networks to maintain mobility needs2 7iii7 an analysis of alternative roadway designs or other uses for the right-of-way of the eligible facility1 including an analysis of whether the available right-of-way would suffice to create an alternative roadway design2 7iv7 the effect of the removal of the eligible facility on the mobility of freight and people2 7v7 the effect of the removal of the eligible facility on the safety of the traveling public2 7vi7 the cost to remove the eligible facility and to convert the eligible facility to a different roadway design or use1 compared to any expected costs for necessary maintenance or reconstruction of the eligible facility2 7vii7 the anticipated economic impact of removing and converting the eligible facility and any economic development opportunities that would be created by removing and converting the eligible facility2 and 7viii7 the environmental impacts of retaining or reconstructing the eligible facility and the anticipated effect of the proposed alternative use or roadway design2 7,b7 public engagement activities to provide opportunities for public input into a plan to remove and convert an eligible facility2 and 7,c7 other transportation planning activities required in advance of a project to remove an existing eligible facility1 as determined by the ,secretary4 7#c7 ,technical assistance program 7,a7 ,in general ,the ,secretary may provide technical assistance described in subparagraph 7,b7 to an eligible entity4 7,b7 ,technical assistance described ,the technical assistance referred to in subparagraph 7,a7 is technical assistance in building organizational or community capacity-- 7i7 to engage in transportation planning2 and 7ii7 to identify innovative solutions to infrastructure challenges1 including reconnecting communities that-- 7,i7 are bifurcated by eligible facilities2 or 7,,ii7 lack safe1 reliable1 and affordable transportation choices4 7,c7 ,priorities ,in selecting recipients of technical assistance under subparagraph 7,a71 the ,secretary shall give priority to an application from a community that is economically disadvantaged4 7#d7 ,selection ,the ,secretary shall-- 7,a7 solicit applications for-- 7i7 planning grants2 and 7ii7 technical assistance under paragraph 7#c72 and 7,b7 evaluate applications for a planning grant on the basis of the demonstration by the applicant that-- 7i7 the eligible facility is aged and is likely to need replacement or significant reconstruction within the #bj-year period beginning on the date of the submission of the application2 7ii7 the eligible facility-- 7,i7 creates barriers to mobility1 access1 or economic development2 or 7,,ii7 is not justified by current and forecast future travel demand2 and 7iii7 on the basis of preliminary investigations into the feasibility of removing the eligible facility1 further investigation is necessary and likely to be productive4 7#e7 ,award amounts ,a planning grant may not exceed #b1jjj1jjj per recipient4 7#f7 ,federal share ,the total ,federal share of the cost of a planning activity for which a planning grant is used shall not exceed #hj percent4 7d7 ,capital construction grants 7#a7 ,eligible entities ,the ,secretary may award a grant 7referred to in this section as a capital construction grant7 to the owner of an eligible facility to carry out an eligible project described in paragraph 7#c7 for which all necessary feasibility studies and other planning activities have been completed4 7#b7 ,partnerships ,an owner of an eligible facility may1 for the purposes of submitting an application for a capital construction grant1 if applicable1 partner with-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a ,tribal government2 7,d7 a metropolitan planning organization2 or 7,e7 a nonprofit organization4 7#c7 ,eligible projects ,a project eligible to be carried out with a capital construction grant includes-- 7,a7 the removal of an eligible facility2 and 7,b7 the replacement of an eligible facility with a new facility that is-- 7i7 sensitive to the context of the surrounding community2 and 7ii7 otherwise eligible for funding under title #bc1 ,united ,states ,code4 7#d7 ,selection ,the ,secretary shall-- 7,a7 solicit applications for capital construction grants2 and 7,b7 evaluate applications on the basis of-- 7i7 the degree to which the project will improve mobility and access through the removal of barriers2 7ii7 the appropriateness of removing the eligible facility1 based on current traffic patterns and the ability of the replacement facility and the regional transportation network to absorb transportation demand and provide safe mobility and access2 7iii7 the impact of the project on freight movement2 7iv7 the results of a cost-benefit analysis of the project2 7v7 the opportunities for inclusive economic development2 7vi7 the degree to which the eligible facility is out of context with the current or planned land use2 7vii7 the results of any feasibility study completed for the project2 and 7viii7 the plan of the applicant for-- 7,i7 employing residents in the area impacted by the project through targeted hiring programs1 in partnership with registered apprenticeship programs1 if applicable2 and 7,,ii7 contracting and subcontracting with disadvantaged business enterprises4 7#e7 ,minimum award amounts ,a capital construction grant shall be in an amount not less than #e1jjj1jjj per recipient4 7#f7 ,federal share 7,a7 ,in general ,subject to subparagraph 7,b71 a capital construction grant may not exceed #ej percent of the total cost of the project for which the grant is awarded4 7,b7 ,maximum ,federal involvement ,federal assistance other than a capital construction grant may be used to satisfy the non-,federal share of the cost of a project for which the grant is awarded1 except that the total ,federal assistance provided for a project for which the grant is awarded may not exceed #hj percent of the total cost of the project4 7#g7 ,community advisory board 7,a7 ,in general ,to help achieve inclusive economic development benefits with respect to the project for which a grant is awarded1 a grant recipient may form a community advisory board1 which shall-- 7i7 facilitate community engagement with respect to the project2 and 7ii7 track progress with respect to commitments of the grant recipient to inclusive employment1 contracting1 and economic development under the project4 7,b7 ,membership ,if a grant recipient forms a community advisory board under subparagraph 7,a71 the community advisory board shall be composed of representatives of-- 7i7 the community2 7ii7 owners of businesses that serve the community2 7iii7 labor organizations that represent workers that serve the community2 and 7iv7 ,state and local government4 7e7 ,reports 7#a7 ,,usdot report on pilot program ,not later than ,january #a1 #bjbe1 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 evaluates the pilot program under this section1 including-- 7,a7 information about the level of applicant interest in planning grants1 technical assistance under subsection 7c77#c71 and capital construction grants1 including the extent to which overall demand exceeded available funds2 and 7,b7 for recipients of capital construction grants1 the outcomes and impacts of the highway removal project1 including-- 7i7 any changes in the overall level of mobility1 congestion1 access1 and safety in the project area2 and 7ii7 environmental impacts and economic development opportunities in the project area4 7#b7 ,,gao report on highway removals ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall issue a report that-- 7,a7 identifies examples of projects to remove highways using ,federal highway funds2 7,b7 evaluates the effect of highway removal projects on the surrounding area1 including impacts to the local economy1 congestion effects1 safety outcomes1 and impacts on the movement of freight and people2 7,c7 evaluates the existing ,federal-aid program eligibility under title #bc1 ,united ,states ,code1 for highway removal projects2 7,d7 analyzes the costs and benefits of and barriers to removing underutilized highways that are nearing the end of their useful life compared to replacing or reconstructing the highway2 and 7,e7 provides recommendations for integrating those assessments into transportation planning and decision-making processes4 7f7 ,technical assistance ,of the funds made available to carry out this section for planning grants1 the ,secretary may use not more than #ae1jjj1jjj during the period of fiscal years #bjba through #bjbe to provide technical assistance under subsection 7c77#c74 #aeji4 ,repeal of rescission 7a7 ,in general ,section #adch of the ,,fast ,act 7,public ,law #aad-id2 #abi ,stat4 #adcb7 is repealed4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,,fast ,act 7,public ,law #aad-id2 #abi ,stat4 #acab7 is amended by striking the item relating to section #adch4 #aeaj4 ,federal interagency working group for conversion of ,federal fleet to hybrid-electric vehicles1 electric vehicles1 and alternative fueled vehicles 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,chair of the ,council on ,environmental ,quality shall coordinate and chair a ,federal interagency working group to develop a strategy to transition the vehicle fleets of the respective ,federal agencies to hybrid-electric vehicles1 plug-in electric drive vehicles1 and alternative fueled vehicles 7as defined in section #cja of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbaa771 to the maximum extent practicable4 7b7 ,goals ,the goals of the interagency working group established under subsection 7a7 are-- 7#a7 to ensure that the ,federal vehicle fleet is at the leading edge of transitioning to clean energy sources2 and 7#b7 to develop targets for each year such that the total number of vehicles purchased for the ,federal fleet in the applicable year includes a percentage of hybrid-electric vehicles1 plug-in electric drive vehicles1 and alternative fueled vehicles that is not less than the percentage of hybrid-electric vehicles1 plug-in electric drive vehicles1 and alternative fueled vehicles purchased in the ,united ,states in the previous year4 7c7 ,requirement ,in developing the strategy under subsection 7a71 the interagency working group established under that subsection shall consider-- 7#a7 cost-effectiveness2 and 7#b7 the types of vehicles that are appropriate to the mission of each ,federal agency4 7d7 ,report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,federal interagency working group 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 progress made toward implementing the strategy developed under subsection 7a74 #aeaa4 ,cybersecurity tool2 cyber coordinator 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,highway ,administration4 7#b7 ,cyber incident ,the term cyber incident has the meaning given the term significant cyber incident in ,presidential ,policy ,directive-#da 7,july #bf1 #bjaf1 relating to cyber incident coordination74 7#c7 ,transportation authority ,the term transportation authority means-- 7,a7 a public authority 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code72 7,b7 an owner or operator of a highway 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code72 7,c7 a manufacturer that manufactures a product related to transportation2 and 7,d7 a division office of the ,federal ,highway ,administration4 7b7 ,cybersecurity tool 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall develop a tool to assist transportation authorities in identifying1 detecting1 protecting against1 responding to1 and recovering from cyber incidents4 7#b7 ,requirements ,in developing the tool under paragraph 7#a71 the ,administrator shall-- 7,a7 use the cybersecurity framework established by the ,national ,institute of ,standards and ,technology and required by ,executive ,order #acfcf of ,february #ab1 #bjac 7#gh ,fed4 ,reg4 #aagci2 relating to improving critical infrastructure cybersecurity72 7,b7 establish a structured cybersecurity assessment and development program2 7,c7 consult with appropriate transportation authorities1 operating agencies1 industry stakeholders1 and cybersecurity experts2 and 7,d7 provide for a period of public comment and review on the tool4 7c7 ,designation of cyber coordinator 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall designate an office as a cyber coordinator1 which shall be responsible for monitoring1 alerting1 and advising transportation authorities of cyber incidents4 7#b7 ,requirements ,the office designated under paragraph 7#a7 shall-- 7,a7 provide to transportation authorities a secure method of notifying a single ,federal entity of cyber incidents2 7,b7 monitor cyber incidents that affect transportation authorities2 7,c7 alert transportation authorities to cyber incidents that affect those transportation authorities2 7,d7 investigate unaddressed cyber incidents that affect transportation authorities2 and 7,e7 provide to transportation authorities educational resources1 outreach1 and awareness on fundamental principles and best practices in cybersecurity for transportation systems4 #aeab4 ,study on most effective upgrades to roadway infrastructure 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall offer to enter into an agreement with the ,transportation ,research ,board of the ,national ,academies of ,sciences1 ,engineering1 and ,medicine to conduct a study-- 7#a7 to identify specific immediate and specific long-term types of improvements to roadway infrastructure that would benefit the largest segment of road users1 autonomous vehicles1 and automated driving systems2 and 7#b7 to examine how best to achieve uniformity in roadway infrastructure to facilitate the safe deployment of autonomous vehicles and automated driving systems4 7b7 ,recommendations ,the study conducted under subsection 7a7 shall include recommendations to ,congress relating to the matters studied under paragraphs 7#a7 and 7#b7 of that subsection4 7c7 ,public comment ,before entering into an agreement under subsection 7a71 the ,secretary shall provide an opportunity for public comment on the study proposal4 7d7 ,report ,if the ,transportation ,research ,board enters into the agreement under subsection 7a71 to the maximum extent practicable1 not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress the study conducted under that subsection4 #aeac4 ,study on vehicle-to-infrastructure communication technology 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall offer to enter into an agreement with the ,transportation ,research ,board of the ,national ,academy of ,sciences1 ,engineering1 and ,medicine to conduct a study to identify immediate and long-term safety benefits of-- 7#a7 vehicle-to-infrastructure connectivity technologies2 and 7#b7 technologies that would allow motor vehicles and roadway infrastructure to communicate using dedicated short-range communications and related safety applications4 7b7 ,contents ,the study conducted under subsection 7a7 shall include-- 7#a7 recommendations to ,congress on specific improvements to roadway infrastructure that would be needed to facilitate the implementation of-- 7,a7 technologies that would allow motor vehicles and roadway infrastructure to communicate using dedicated short-range communications2 and 7,b7 other vehicle-to-infrastructure connectivity technologies2 and 7#b7 an evaluation of the safety1 mobility1 and environmental impacts resulting from a delay of the adoption of proven dedicated short-range communication technologies for vehicle-to-infrastructure communication4 7c7 ,public comment ,before entering into an agreement under subsection 7a71 the ,secretary shall provide an opportunity for public comment on the study proposal4 7d7 ,report ,if the ,transportation ,research ,board enters into the agreement under subsection 7a71 to the maximum extent practicable1 not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress the study conducted under this section4 #aead4 ,nonhighway recreational fuel study 7a7 ,definitions ,in this section3 7#a7 ,highway ,trust ,fund ,the term ,highway ,trust ,fund means the ,highway ,trust ,fund established by section #iejc7;a7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,nonhighway recreational fuel taxes ,the term nonhighway recreational fuel taxes means taxes under section #djda and #djha of the ,internal ,revenue ,code of #aihf with respect to fuel used in vehicles on recreational trails or back country terrain 7including vehicles registered for highway use when used on recreational trails1 trail access roads not eligible for funding under title #bc1 ,united ,states ,code1 or back country terrain74 7#c7 ,recreational trails program ,the term recreational trails program means the recreational trails program under section #bjf of title #bc1 ,united ,states ,code4 7b7 ,assessment2 report 7#a7 ,assessment ,not later than #a year after the date of enactment of this ,act and not less frequently than once every #e years thereafter1 as determined by the ,secretary1 the ,secretary shall carry out an assessment of the best available estimate of the total amount of nonhighway recreational fuel taxes received by the ,secretary of the ,treasury and transferred to the ,highway ,trust ,fund for the period covered by the assessment4 7#b7 ,report ,after carrying out each assessment under paragraph 7#a71 the ,secretary shall submit to the ,committees on ,finance and ,environment and ,public ,works of the ,senate and the ,committees on ,ways and ,means and ,transportation and ,infrastructure of the ,house of ,representatives a report that includes-- 7,a7 to assist ,congress in determining an appropriate funding level for the recreational trails program-- 7i7 a description of the results of the assessment2 and 7ii7 an evaluation of whether the current recreational trails program funding level reflects the amount of nonhighway recreational fuel taxes collected and transferred to the ,highway ,trust ,fund2 and 7,b7 in the case of the first report submitted under this paragraph1 an estimate of the frequency with which the ,secretary anticipates carrying out the assessment under paragraph 7#a71 subject to the condition that such an assessment shall be carried out not less frequently than once every #e years4 7c7 ,consultation ,in carrying out an assessment under subsection 7b77#a71 the ,secretary may consult with1 as the ,secretary determines to be appropriate-- 7#a7 the heads of-- 7,a7 ,state agencies designated by ,governors pursuant to section #bjf7;c77#a7 of title #bc1 ,united ,states ,code1 to administer the recreational trails program2 and 7,b7 division offices of the ,department2 7#b7 the ,secretary of the ,treasury2 7#c7 the ,administrator of the ,federal ,highway ,administration2 and 7#d7 groups representing recreational activities and interests1 including hiking1 biking and mountain biking1 horseback riding1 water trails1 snowshoeing1 cross-country skiing1 snowmobiling1 off-highway motorcycling1 all-terrain vehicles and other offroad motorized vehicle activities1 and recreational trail advocates4 #aeae4 ,buy ,america ,section #cac of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7g7 as subsection 7h72 and 7#b7 by inserting after subsection 7f7 the following3 7g7 ,waivers 7#a7 ,in general ,not less than #ae days before issuing a waiver under this section1 the ,secretary shall provide to the public-- 7,a7 notice of the proposed waiver2 7,b7 an opportunity for comment on the proposed waiver2 and 7,c7 the reasons for the proposed waiver4 7#b7 ,report ,not less frequently than annually1 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 waivers provided under this section4 4 #aeaf4 ,report on data-driven infrastructure traffic safety improvements ,the ,administrator of the ,federal ,highway ,administration shall-- 7#a7 conduct a study to identify data-driven infrastructure traffic safety improvements for priority focus areas identified by the ,administrator1 including improvements that would benefit older drivers1 teenage drivers1 commercial drivers1 and other vulnerable drivers2 7#b7 on completion of the study under paragraph 7#a71 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-- 7,a7 describes the results of the study2 and 7,b7 includes recommendations for data-driven infrastructure traffic safety improvements that could be implemented2 and 7#c7 based on the results of the study1 promote the use of the data-driven infrastructure traffic safety improvements recommended under paragraph 7#b77;,b74 #aeag4 ,high priority corridors on the ,national ,highway ,system 7a7 ,high priority corridors ,section #aaje7;c7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aje ,stat4 #bjcb2 #aca ,stat4 #gig7 is amended by adding at the end the following3 7#ia7 ,united ,states ,route #dba from the interchange with ,interstate ,route #he in ,greensboro1 ,north ,carolina1 to the interchange with ,interstate ,route #ie in ,dunn1 ,north ,carolina4 7#ib7 ,the ,wendell ,h4 ,ford 7,western ,kentucky7 ,parkway from the interchange with the ,william ,h4 ,natcher ,parkway in ,ohio ,county1 ,kentucky1 west to the interchange of the ,western ,kentucky ,parkway with the ,edward ,t4 ,breathitt 7,pennyrile7 ,parkway4 4 7b7 ,designation as future ,interstate ,section #aaje7;e77#e77;,a7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aji ,stat4 #eig2 #aca ,stat4 #gig7 is amended in the first sentence by striking and subsection 7c77#ij7 and inserting subsection 7c77#ij71 subsection 7c77#ia71 and subsection 7c77#ib74 7c7 ,numbering of ,parkway ,section #aaje7;e77#e77;,c77i7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aji ,stat4 #eih2 #abf ,stat4 #dbf2 #aca ,stat4 #gig7 is amended by adding at the end the following3 ,the route referred to in subsection 7c77#ib7 is designated as ,interstate ,route ,i-#efi44 7d7 ,,gao report on designation of segments as part of ,interstate ,system 7#a7 ,definition of applicable segment ,in this subsection1 the term applicable segment means a route described in paragraph 7#ia7 or 7#ib7 of section #aaje7;c7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aje ,stat4 #bjcb74 7#b7 ,report 7,a7 ,in general ,not later than #b years after the date on which the applicable segments are open for operations as part of the ,interstate ,system1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the impact1 if any1 during that #b-year period of allowing the continuation of weight limits that applied before the designation of the applicable segment as a route on the ,interstate ,system4 7,b7 ,requirements ,the report under subparagraph 7,a7 shall-- 7i7 be informed by the views and documentation provided by the ,state highway agency 7or equivalent agency7 in each ,state in which an applicable segment is located2 7ii7 describe any impacts on safety and infrastructure on the applicable segments2 7iii7 describe any view of the ,state highway agency 7or equivalent agency7 in each ,state in which an applicable segment is located on the impact of the applicable segment2 and 7iv7 focus only on the applicable segments4 #aeah4 ,interstate weight limits ,section #abg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7l77#c77;,a7-- 7,a7 in the matter preceding clause 7i71 in the first sentence1 by striking clause 7i7 or 7ii7 and inserting clauses 7i7 through 7iv72 and 7,b7 by adding at the end the following3 7iii7 ,the ,wendell ,h4 ,ford 7,western ,kentucky7 ,parkway 7to be designated as a spur of ,interstate ,route #fi7 from the interchange with the ,william ,h4 ,natcher ,parkway in ,ohio ,county1 ,kentucky1 west to the interchange of the ,western ,kentucky ,parkway with the ,edward ,t4 ,breathitt 7,pennyrile7 ,parkway4 7iv7 ,the ,edward ,t4 ,breathitt ,parkway 7to be designated as a spur of ,interstate ,route #fi7 from ,interstate #bd to ,interstate #fi4 2 and 7#b7 by adding at the end the following3 7v7 ,operation of vehicles on certain ,north ,carolina highways ,if any segment in the ,state of ,north ,carolina of ,united ,states ,route #ag1 ,united ,states ,route #bi1 ,united ,states ,route #eb1 ,united ,states ,route #fd1 ,united ,states ,route #gj1 ,united ,states ,route #gd1 ,united ,states ,route #aag1 ,united ,states ,route #bbj1 ,united ,states ,route #bfd1 or ,united ,states ,route #dba is designated as a route on the ,interstate ,system1 a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment1 without regard to any requirement under subsection 7a74 4 #aeai4 ,interstate exemption ,notwithstanding section #aaa of title #bc1 ,united ,states ,code1 if the segment of highway described in paragraph 7#ib7 of section #aaje7;c7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aje ,stat4 #bjcb7 is designated as a route on the ,interstate ,system1 any commercial establishment operating legally in a rest area on that segment before the date of that designation may continue to operate in the ,interstate right-of-way1 subject to the ,interstate access standards established under section #aaa of that title4 #aebj4 ,report on air quality improvements 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report that evaluates the congestion mitigation and air quality improvement program under section #adi of title #bc1 ,united ,states ,code 7referred to in this section as the program71 to-- 7#a7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7#b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7b7 ,contents ,the evaluation under subsection 7a7 shall include an evaluation of-- 7#a7 the reductions of ozone1 carbon monoxide1 and particulate matter that result from projects under the program2 7#b7 the cost-effectiveness of the reductions described in paragraph 7#a72 7#c7 the result of investments of funding under the program in minority and low-income communities that are disproportionately affected by ozone1 carbon monoxide1 and particulate matter2 7#d7 the effectiveness1 with respect to the attainment or maintenance of national ambient air quality standards under section #aji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji7 for ozone1 carbon monoxide1 and particulate matter1 of performance measures established under section #aej7;c77#e7 of title #bc1 ,united ,states ,code1 and performance targets established under subsection 7d7 of that section for traffic congestion and on-road mobile source emissions2 7#e7 the extent to which there are any types of projects that are not eligible funding under the program that would be likely to contribute to the attainment or maintenance of the national ambient air quality standards described in paragraph 7#d72 and 7#f7 the extent to which projects under the program reduce sulfur dioxide1 nitrogen dioxide1 and lead4 #aeba4 ,roadside highway safety hardware 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall implement the following recommendations from the report of the ,government ,accountability ,office entitled ,highway ,safety3 ,more ,robust ,,dot ,oversight of ,guardrails and ,other ,roadside ,hardware ,could ,further ,enhance ,safety published in ,june #bjaf and numbered ,,gao-#af-ege3 7#a7 ,develop a process for third party verification of full-scale crash testing results from crash test labs to include a process for-- 7,a7 formally verifying the testing outcomes2 and 7,b7 providing for an independent pass_/fail determination4 7#b7 ,establish a process to enhance the independence of crash test labs by ensuring that those labs have a clear separation between device development and testing in cases in which lab employees test devices that were developed within the parent organization of the employee4 7b7 ,continued issuance of eligibility letters ,until the implementation of the recommendations described in subsection 7a7 is complete1 the ,secretary shall ensure that the ,administrator of the ,federal ,highway ,administration continues to issue ,federal-aid reimbursement eligibility letters as a service to ,states4 #aebb4 ,permeable pavements study 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall carry out a study-- 7#a7 to gather existing information on the effects of permeable pavements on flood control in different contexts1 including in urban areas1 and over the lifetime of the permeable pavement2 7#b7 to perform research to fill gaps in the existing information gathered under paragraph 7#a72 and 7#c7 to develop-- 7,a7 models for the performance of permeable pavements in flood control2 and 7,b7 best practices for designing permeable pavement to meet flood control requirements4 7b7 ,data survey ,in carrying out the study under subsection 7a71 the ,secretary shall develop-- 7#a7 a summary1 based on available literature and models1 of localized flood control capabilities of permeable pavement that considers long-term performance and cost information2 and 7#b7 best practices for the design of localized flood control using permeable pavement that considers long-term performance and cost information4 7c7 ,publication ,the ,secretary shall make a report describing the results of the study under subsection 7a7 available to ,states and units of local government4 #aebc4 ,emergency relief projects 7a7 ,definition of emergency relief project ,in this section1 the term emergency relief project means a project carried out under the emergency relief program under section #abe of title #bc1 ,united ,states ,code4 7b7 ,improving the emergency relief program ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 revise the emergency relief manual of the ,federal ,highway ,administration-- 7,a7 to include and reflect the definition of the term resilience 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code72 7,b7 to identify procedures that ,states may use to incorporate resilience into emergency relief projects2 and 7,c7 to encourage the use of ,complete ,streets design principles and consideration of access for moderate- and low-income families impacted by a declared disaster2 7#b7 develop best practices for improving the use of resilience in-- 7,a7 the emergency relief program under section #abe of title #bc1 ,united ,states ,code2 and 7,b7 emergency relief efforts2 7#c7 provide to division offices of the ,federal ,highway ,administration and ,state departments of transportation information on the best practices developed under paragraph 7#b72 and 7#d7 develop and implement a process to track-- 7,a7 the consideration of resilience as part of the emergency relief program under section #abe of title #bc1 ,united ,states ,code2 and 7,b7 the costs of emergency relief projects4 #aebd4 ,certain gathering lines located on ,federal land and ,indian land 7a7 ,definitions ,in this section3 7#a7 ,federal land 7,a7 ,in general ,the term ,federal land means land the title to which is held by the ,united ,states4 7,b7 ,exclusions ,the term ,federal land does not include-- 7i7 a unit of the ,national ,park ,system2 7ii7 a unit of the ,national ,wildlife ,refuge ,system2 7iii7 a component of the ,national ,wilderness ,preservation ,system2 7iv7 a wilderness study area within the ,national ,forest ,system2 or 7v7 ,indian land4 7#b7 ,gathering line and associated field compression or pumping unit 7,a7 ,in general ,the term gathering line and associated field compression or pumping unit means-- 7i7 a pipeline that is installed to transport oil1 natural gas and related constituents1 or produced water from #a or more wells drilled and completed to produce oil or gas2 and 7ii7 if necessary1 #a or more compressors or pumps to raise the pressure of the transported oil1 natural gas and related constituents1 or produced water to higher pressures necessary to enable the oil1 natural gas and related constituents1 or produced water to flow into pipelines and other facilities4 7,b7 ,inclusions ,the term gathering line and associated field compression or pumping unit includes a pipeline or associated compression or pumping unit that is installed to transport oil or natural gas from a processing plant to a common carrier pipeline or facility4 7,c7 ,exclusions ,the term gathering line and associated field compression or pumping unit does not include a common carrier pipeline4 7#c7 ,indian land ,the term ,indian land means land the title to which is held by-- 7,a7 the ,united ,states in trust for an ,indian ,tribe or an individual ,indian2 or 7,b7 an ,indian ,tribe or an individual ,indian subject to a restriction by the ,united ,states against alienation4 7#d7 ,produced water ,the term produced water means water produced from an oil or gas well bore that is not a fluid prepared at1 or transported to1 the well site to resolve a specific oil or gas well bore or reservoir condition4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,certain gathering lines 7#a7 ,in general ,subject to paragraph 7#b71 the issuance of a sundry notice or right-of-way for a gathering line and associated field compression or pumping unit that is located on ,federal land or ,indian land and that services any oil or gas well may be considered by the ,secretary to be an action that is categorically excluded 7as defined in section #aejh4d of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act77 for purposes of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 if the gathering line and associated field compression or pumping unit-- 7,a7 are within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 analyzed transportation of oil1 natural gas1 or produced water from #a or more oil or gas wells in the field or unit as a reasonably foreseeable activity2 7,b7 are located adjacent to or within-- 7i7 any existing disturbed area2 or 7ii7 an existing corridor for a right-of-way2 and 7,c7 would reduce-- 7i7 in the case of a gathering line and associated field compression or pumping unit transporting methane1 the total quantity of methane that would otherwise be vented1 flared1 or unintentionally emitted from the field or unit2 or 7ii7 in the case of a gathering line and associated field compression or pumping unit not transporting methane1 the vehicular traffic that would otherwise service the field or unit4 7#b7 ,applicability ,paragraph 7#a7 shall apply to ,indian land1 or a portion of ,indian land-- 7,a7 to which the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 applies2 and 7,b7 for which the ,indian ,tribe with jurisdiction over the ,indian land submits to the ,secretary a written request that paragraph 7#a7 apply to that ,indian land 7or portion of ,indian land74 7c7 ,effect on other law ,nothing in this section-- 7#a7 affects or alters any requirement-- 7,a7 relating to prior consent under-- 7i7 section #b of the ,act of ,february #e1 #aidh 7#fb ,stat4 #ah1 chapter #de2 #be ,u4,s4,c4 #cbd72 or 7ii7 section #af7;e7 of the ,act of ,june #ah1 #aicd 7#dh ,stat4 #ihg1 chapter #egf2 #ajb ,stat4 #bici2 #aad ,stat4 #dg2 #be ,u4,s4,c4 #eabc7;e77 7commonly known as the ,indian ,reorganization ,act72 7,b7 under section #cjfajh of title #ed1 ,united ,states ,code2 or 7,c7 under any other ,federal law 7including regulations7 relating to ,tribal consent for rights-of-way across ,indian land2 or 7#b7 makes the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 applicable to land to which that ,act otherwise would not apply4 #aebe4 ,technical corrections 7a7 ,section #aja7;b77#a7 of title #bc1 ,united ,states ,code1 is amended by inserting ,highways after and ,defense4 7b7 ,section #ajh7;c77#c77;,f7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by inserting of #aifi 7#db ,u4,s4,c4 #dcba et seq47 after ,policy ,act2 and 7#b7 by striking this ,act and inserting this title4 7c7 ,section #aab7;b77#b7 of title #bc1 ,united ,states ,code1 is amended by striking 7,f7 7,f7 ,subparagraphs and inserting the following3 7,f7 ,exclusion ,subparagraphs 4 7d7 ,section #acj7;g7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the third sentence-- 7,a7 by striking and ,transportation1 and inserting and ,transportation2 and 7,b7 by striking thereafter11 and inserting thereafter12 and 7#b7 in the fifth sentence1 by striking railroad highway and inserting railway-highway4 7e7 ,section #ace7;g7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c71 by striking operators711 and inserting operators712 and 7#b7 in paragraph 7#f77;,b71 by striking #ecaj1 #ecaa1 #ecaf1 and #ecag and inserting #ecaj and #ecaa4 7f7 ,section #adj7;a7 of title #bc1 ,united ,states ,code1 is amended1 in the third sentence1 by inserting a comma after ,secretary4 7g7 ,section #adb of title #bc1 ,united ,states ,code1 is amended by striking subsection 7i74 7h7 ,section #adh7;i77#b77;,d7 of title #bc1 ,united ,states ,code1 is amended by striking safety safety and inserting safety4 7i7 ,section #aff7;a77#a7 of title #bc1 ,united ,states ,code1 is amended by striking the paragraph designation and heading and all that follows through ,a public authority and inserting the following3 7#a7 ,authority of public authorities ,a public authority 4 7j7 ,section #bjb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking 7#be ,u4,s4,c4 #dej et seq47 each place it appears and inserting 7#be ,u4,s4,c4 #ecja et seq472 7#b7 in subsection 7a77#aj77;,b71 by striking 7#be ,u4,s4,c4 #dej;e7b77 and inserting 7#be ,u4,s4,c4 #ecjg7;b772 and 7#c7 in subsection 7b77#e71 in the matter preceding subparagraph 7,a71 by inserting the after agreement under4 7k7 ,section #bjg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7g71 by striking #be ,u4,s4,c4 #dej;j-#a each place it appears and inserting #be ,u4,s4,c4 #ecbe2 7#b7 in subsection 7l7-- 7,a7 in paragraph 7#a71 by striking 7#be ,u4,s4,c4 #deh;aaa-#e7 and inserting 7#be ,u4,s4,c4 #echf72 7,b7 in paragraph 7#b71 by striking 7#be ,u4,s4,c4 #deh;aaa-#f7 and inserting 7#be ,u4,s4,c4 #echg72 7,c7 in paragraph 7#c71 by striking 7#be ,u4,s4,c4 #deh;aaa-#g7 and inserting 7#be ,u4,s4,c4 #echh72 7,d7 in paragraph 7#d71 by striking 7#be ,u4,s4,c4 #deh;aaa-#i7 and inserting 7#be ,u4,s4,c4 #ecij72 7,e7 in paragraph 7#e71 by striking 7#be ,u4,s4,c4 #deh;aaa-#aj7 and inserting 7#be ,u4,s4,c4 #ecia72 7,f7 in paragraph 7#f71 by striking 7#be ,u4,s4,c4 #deh;aaa-#aa7 and inserting 7#be ,u4,s4,c4 #ecib72 7,g7 in paragraph 7#g71 by striking 7#be ,u4,s4,c4 #deh;aaa-#ad7 and inserting 7#be ,u4,s4,c4 #ecie72 7,h7 in paragraph 7#h71 by striking 7#be ,u4,s4,c4 #deh;aaa-#ae7 and inserting 7#be ,u4,s4,c4 #ecif72 and 7,i7 in paragraph 7#i71 by striking 7#be ,u4,s4,c4 #deh;aaa-#ag7 and inserting 7#be ,u4,s4,c4 #ecih72 and 7#c7 in subsection 7m77#b7-- 7,a7 by striking #eje and inserting #eja2 and 7,b7 by striking 7#be ,u4,s4,c4 #dej;b2 #deh;aaa7 and inserting 7#be ,u4,s4,c4 #ecjd2 #echa74 7l7 ,section #cbe7;a77#b7 of title #bc1 ,united ,states ,code1 is amended by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 ,projects described in section #ajd7;h7 7as in effect on the day before the date of enactment of ,,map-#ba74 7,b7 ,projects or activities described in section #aja7;a77#bi7 or #bac 7as those provisions were in effect on the day before the date of enactment of the ,,fast ,act74 4 7m7 ,section #ejd7;g77#f7 of title #bc1 ,united ,states ,code1 is amended by striking make grants or to and inserting make grants to4 ,,ii ,transportation infrastructure finance and innovation #bjja4 ,transportation ,infrastructure ,finance and ,innovation ,act of #aiih amendments 7a7 ,definitions ,section #fja7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#bb7 as paragraphs 7#b7 through 7#bc71 respectively2 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,administratively allocated ,the term administratively allocated means the allocation by the ,secretary of budget authority for a project under the ,,tifia program that occurs when-- 7,a7 a potential applicant has been invited into the creditworthiness phase for a project under the ,,tifia program2 or 7,b7 the project is subject to a master credit agreement1 in accordance with section #fjb7;b77#b74 2 7#c7 in subparagraph 7,e7 of paragraph 7#aa7 7as so redesignated71 by striking #c years and inserting #e years2 and 7#d7 in paragraph 7#ac7 7as so redesignated7-- 7,a7 by striking subparagraph 7,e7 and inserting the following3 7,e7 a project to improve or construct public infrastructure-- 7i7 that-- 7,i7 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 or capital project described in section #ecjb7c77;,g77v7 of title #di1 and related infrastructure2 or 7,,ii7 is a project for economic development1 including commercial and residential development1 and related infrastructure and activities-- 7aa7 that incorporates private investment2 7bb7 that is physically or functionally related to a passenger rail station or multimodal station that includes rail service2 7cc7 for which the project sponsor has a high probability of commencing the contracting process for construction by not later than #ij days after the date on which credit assistance under the ,,tifia program is provided for the project2 and 7dd7 that has a high probability of reducing the need for financial assistance under any other ,federal program for the relevant passenger rail station or service by increasing ridership1 tenant lease payments1 or other activities that generate revenue exceeding costs2 and 7ii7 for which1 by not later than ,september #cj1 #bjbe1 the ,secretary has-- 7,i7 received a letter of interest2 and 7,,ii7 determined that the project is eligible for assistance2 2 7,b7 in subparagraph 7,f71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,g7 an eligible airport-related project 7as defined in section #djaag7;a7 of title #di7 for which1 not later than ,september #cj1 #bjbd1 the ,secretary has-- 7i7 received a letter of interest2 and 7ii7 determined that the project is eligible for assistance2 and 7,h7 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 in the judgment of the ,secretary1 would mitigate the environmental impacts of transportation infrastructure projects otherwise eligible for assistance under this title4 4 7b7 ,eligibility ,section #fjb7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a77iv7-- 7i7 by striking a rating and inserting an investment-grade rating2 and 7ii7 by striking #ge1jjj1jjj and inserting #aej1jjj1jjj2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking the senior debt and inserting senior debt2 and 7ii7 by striking credit instrument is for an amount less than #ge1jjj1jjj and inserting total amount of other senior debt and the ,federal credit instrument is less than #aej1jjj1jjj2 and 7#b7 in paragraph 7#e77;,b77ii71 by striking section #fja7;a77#ab77;,e7 and inserting section #fja7;a77#ac77;,e74 7c7 ,processing timelines ,section #fjb7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 7#b7 in paragraph 7#c7 7as so redesignated71 by striking paragraph 7#a7 and inserting paragraph 7#b72 and 7#c7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,processing timelines ,except in the case of an application described in subsection 7a77#h7 and to the maximum extent practicable1 the ,secretary shall provide an applicant with a specific estimate of the timeline for the approval or disapproval of the application of the applicant1 which1 to the maximum extent practicable1 the ,secretary shall endeavor to complete by not later than #aej days after the date on which the applicant submits a letter of interest to the ,secretary4 4 7d7 ,secured loans ,section #fjc7;c77#d77;,a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking ,any excess and inserting the following3 7i7 ,in general ,except as provided in clause 7ii71 any excess 2 and 7#b7 by adding at the end the following3 7ii7 ,certain applicants ,in the case of a secured loan or other secured ,federal credit instrument provided after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai1 if the obligor is a governmental entity1 agency1 or instrumentality1 the obligor shall not be required to prepay the secured loan or other secured ,federal credit instrument with any excess revenues described in clause 7i7 if the obligor enters into an agreement to use those excess revenues only for purposes authorized under this title or title #di4 4 7e7 ,streamlined application process ,section #fjc7;f7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,additional terms for expedited decisions 7,a7 ,in general ,not later than #abj days after the date of enactment of this paragraph1 the ,secretary shall implement an expedited decision timeline for public agency borrowers seeking secured loans that meet-- 7i7 the terms under paragraph 7#b72 and 7ii7 the additional criteria described in subparagraph 7,b74 7,b7 ,additional criteria ,the additional criteria referred to in subparagraph 7,a77ii7 are the following3 7i7 ,the secured loan is made on terms and conditions that substantially conform to the conventional terms and conditions established by the ,national ,surface ,transportation ,innovative ,finance ,bureau4 7ii7 ,the secured loan is rated in the ,a category or higher4 7iii7 ,the ,,tifia program share of eligible project costs is #cc percent or less4 7iv7 ,the applicant demonstrates a reasonable expectation that the contracting process for the project can commence by not later than #ij days after the date on which a ,federal credit instrument is obligated for the project under the ,,tifia program4 7v7 ,the project 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 seq474 7,c7 ,written notice ,the ,secretary shall provide to an applicant seeking a secured loan under the expedited decision process under this paragraph a written notice informing the applicant whether the ,secretary has approved or disapproved the application by not later than #ahj days after the date on which the ,secretary submits to the applicant a letter indicating that the ,national ,surface ,transportation ,innovative ,finance ,bureau has commenced the creditworthiness review of the project4 4 7f7 ,funding 7#a7 ,in general ,section #fjh7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 ,limitation for certain projects 7,a7 ,transit-oriented development projects ,for each fiscal year1 the ,secretary may use to carry out projects described in section #fja7;a77#ac77;,e7 not more than #ae percent of the amounts made available to carry out the ,,tifia program for that fiscal year4 7,b7 ,airport-related projects ,the ,secretary may use to carry out projects described in section #fja7;a77#ac77;,g7-- 7i7 for each fiscal year1 not more than #ae percent of the amounts made available to carry out the ,,tifia program under the ,america's ,transportation ,infrastructure ,act of #bjai for that fiscal year2 and 7ii7 for the period of fiscal years #bjba through #bjbe1 not more than #ae percent of the unobligated carryover balances 7as of ,october #a1 #bjbj7 made available to carry out the ,,tifia program1 less the total amount administratively allocated by the ,secretary as of that date4 2 and 7,c7 by striking paragraph 7#f7 7as so redesignated7 and inserting the following3 7#f7 ,administrative costs ,of the amounts made available to carry out the ,,tifia program1 the ,secretary may use not more than #aj1jjj1jjj for each of fiscal years #bjba through #bjbe for the administration of the ,,tifia program4 4 7#b7 ,conforming amendment ,section #fje7;f77#a7 of title #bc1 ,united ,states ,code1 is amended by striking section #fjh7;a77#e7 and inserting section #fjh7;a77#f74 7g7 ,status reports ,section #fji of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,status reports 7#a7 ,in general ,the ,secretary shall publish on the website for the ,,tifia program-- 7,a7 on a monthly basis1 a current status report on all submitted letters of interest and applications received for assistance under the ,,tifia program2 and 7,b7 on a quarterly basis1 a current status report on all approved applications for assistance under the ,,tifia program4 7#b7 ,inclusions ,each monthly and quarterly status report under paragraph 7#a7 shall include1 at a minimum1 with respect to each project included in the status report-- 7,a7 the name of the party submitting the letter of interest or application2 7,b7 the name of the project2 7,c7 the date on which the letter of interest or application was received2 7,d7 the estimated project eligible costs2 7,e7 the type of credit assistance sought2 and 7,f7 the anticipated fiscal year and quarter for closing of the credit assistance4 4 7h7 ,state infrastructure bank program ,section #faj of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjba through #bjbe2 7,b7 in paragraph 7#b71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjba through #bjbe2 and 7,c7 in paragraph 7#c71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjba through #bjbe2 and 7#b7 in subsection 7k71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjba through #bjbe4 7i7 ,report ,not later than ,september #cj1 #bjbd1 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 impact of the amendment relating to airport-related projects under subsection 7a77#d77;,c7 and subsection 7f77#a77;,b71 including-- 7#a7 information on the use of ,,tifia program 7as defined in section #fja7;a7 of title #bc1 ,united ,states ,code7 funds for eligible airport-related projects 7as defined in section #djaag7;a7 of title #di1 ,united ,states ,code72 and 7#b7 recommendations for modifications to the ,,tifia program4 ,,iii ,research1 technology1 and education #cjja4 ,surface transportation system funding alternatives 7a7 ,in general ,the ,secretary shall establish a program to test the feasibility of a road usage fee and other user-based alternative revenue mechanisms to maintain the long-term solvency of the ,highway ,trust ,fund1 through pilot projects at the ,state and regional level4 7b7 ,grants ,the ,secretary shall provide grants to ,states and groups of ,states to carry out pilot projects under this section4 7c7 ,applications ,to be eligible for a grant under this section1 a ,state or group of ,states shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,objectives ,the ,secretary shall ensure that the activities carried out using funds provided under this section meet the following objectives3 7#a7 ,to test the design1 acceptance1 equity1 and implementation of user-based alternative revenue mechanisms1 including among differing income groups and among rural and urban drivers4 7#b7 ,to provide recommendations regarding adoption and implementation of user-based alternative revenue mechanisms4 7#c7 ,to quantify and minimize the administrative costs of any potential user-based alternative revenue mechanisms4 7#d7 ,to test a variety of solutions1 including the use of third-party vendors1 for the collection of data and road usage fees1 including the reliability and security of those solutions and vendors4 7#e7 ,to test solutions to ensure the privacy and security of data collected for the purpose of implementing a user-based alternative revenue mechanism4 7#f7 ,to conduct public education and outreach to increase public awareness regarding the need for road usage fees or other user-based alternative revenue mechanisms for surface transportation programs4 7#g7 ,to evaluate the ease of compliance and enforcement of a variety of implementation approaches for different users of the transportation system4 7e7 ,use of funds ,a ,state or group of ,states that receives a grant under this section shall use the grant to carry out activities to address the objectives described in subsection 7d74 7f7 ,consideration ,the ,secretary shall consider geographic diversity in awarding grants under this section4 7g7 ,limitations on revenue collected ,any revenue collected through a user-based alternative revenue mechanism established using funds provided under this section shall not be considered a toll under section #cja of title #bc1 ,united ,states ,code4 7h7 ,federal share ,the ,federal share of the cost of an activity carried out under this section may not exceed #gj percent of the total cost of the activity4 7i7 ,funding ,of the funds made available to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code1 for each of fiscal years #bjba through #bjbe1 #ab1ejj1jjj shall be used for ,state pilot projects under this section4 7j7 ,repeal 7#a7 ,in general ,section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note2 ,public ,law #aad-id7 is repealed4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,,fast ,act 7,public ,law #aad-id2 #abi ,stat4 #acab7 is amended by striking the item relating to section #fjbj4 #cjjb4 ,performance management data support program ,section #fjbh7;c7 of the ,,fast ,act 7#bc ,u4,s4,c4 #aej note2 ,public ,law #aad-id7 is amended by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjba through #bjbe4 #cjjc4 ,data integration pilot program 7a7 ,establishment ,the ,secretary shall establish a pilot program-- 7#a7 to provide research and develop models that integrate1 in near-real-time1 data from multiple sources1 including geolocated-- 7,a7 weather conditions2 7,b7 roadway conditions2 7,c7 incidents1 work zones1 and other nonrecurring events related to emergency planning2 and 7,d7 information from emergency responders2 and 7#b7 to facilitate data integration between the ,department1 the ,national ,weather ,service1 and other sources of data that provide real-time data with respect to roadway conditions during or as a result of severe weather events1 including1 at a minimum-- 7,a7 winter weather2 7,b7 heavy rainfall2 and 7,c7 tropical weather events4 7b7 ,requirements ,in carrying out subsection 7a77#a71 the ,secretary shall-- 7#a7 address the safety1 resiliency1 and vulnerability of the transportation system to disasters2 and 7#b7 develop tools for decisionmakers and other end-users who could use or benefit from the integrated data described in that subsection to improve public safety and mobility4 7c7 ,treatment ,except as otherwise provided in this section1 the ,secretary shall carry out activities under the pilot program under this section as if-- 7#a7 those activities were authorized under chapter #e of title #bc1 ,united ,states ,code2 and 7#b7 the funds made available to carry out the pilot program were made available under that chapter4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #b1ejj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 #cjjd4 ,emerging technology research pilot program 7a7 ,establishment ,the ,secretary shall establish a pilot program to conduct emerging technology research in accordance with this section4 7b7 ,activities ,the pilot program under this section shall include-- 7#a7 research and development activities relating to leveraging advanced and additive manufacturing technologies to increase the structural integrity and cost-effectiveness of surface transportation infrastructure2 and 7#b7 research and development activities 7including laboratory and test track supported accelerated pavement testing research regarding the impacts of connected1 autonomous1 and platooned vehicles on pavement and infrastructure performance7-- 7,a7 to reduce the impact of automated and connected driving systems and advanced driver-assistance systems on pavement and infrastructure performance2 and 7,b7 to improve transportation infrastructure design in anticipation of increased usage of automated driving systems and advanced driver-assistance systems4 7c7 ,treatment ,except as otherwise provided in this section1 the ,secretary shall carry out activities under the pilot program under this section as if-- 7#a7 those activities were authorized under chapter #e of title #bc1 ,united ,states ,code2 and 7#b7 the funds made available to carry out the pilot program were made available under that chapter4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 #cjje4 ,research and technology development and deployment 7a7 ,in general ,section #ejc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b71 by striking section #ejh and inserting section #fejc of title #di2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c71 by striking and at the end2 7ii7 in subparagraph 7,d71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7,e7 engage with public and private entities to spur advancement of emerging transformative innovations through accelerated market readiness2 and 7,f7 consult frequently with public and private entities on new transportation technologies4 2 7,b7 in paragraph 7#b77;,c7-- 7i7 by redesignating clauses 7x7 through 7xv7 as clauses 7xi7 through 7xvi71 respectively2 and 7ii7 by inserting after clause 7ix7 the following3 7x7 safety measures to reduce the number of wildlife-vehicle collisions2 2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,b77viii71 by inserting 1 extreme weather events1 after seismic activities2 and 7ii7 in subparagraph 7,c7-- 7,i7 in clause 7xv71 by inserting extreme weather events and after withstand2 7,,ii7 in clause 7xviii71 by striking and at the end2 7,,iii7 in clause 7xix71 by striking the period at the end and inserting 2 and2 and 7,,iv7 by adding at the end the following3 7xx7 studies on the deployment and revenue potential of the deployment of energy and broadband infrastructure in highway rights-of-way1 including potential adverse impacts of the use or nonuse of those rights-of-way4 2 7,d7 in paragraph 7#f7-- 7i7 in subparagraph 7,a71 by striking and at the end2 7ii7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,c7 to support research on non-market-ready technologies in consultation with public and private entities4 2 7,e7 in paragraph 7#g77;,b7-- 7i7 in the matter preceding clause 7i71 by inserting innovations by leading after support2 7ii7 in clause 7iii71 by striking and at the end2 7iii7 in clause 7iv71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7v7 the dissemination and evaluation of information from accelerated market readiness efforts1 including non-market-ready technologies1 to public and private entities in consultation with other offices of the ,federal ,highway ,administration and key partners4 2 7,f7 in paragraph 7#h77;,a71 by striking future highway and all that follows through needs4 and inserting the following3 8current conditions and future needs of highways1 bridges1 and tunnels of the ,united ,states1 including-- 7i7 the conditions and performance of the highway network for freight movement2 7ii7 intelligent transportation systems2 7iii7 resilience needs2 and 7iv7 the backlog of current highway1 bridge1 and tunnel needs4 2 and 7,g7 by adding at the end the following3 7#i7 ,analysis tools ,the ,secretary may develop interactive modeling tools and databases that-- 7,a7 track the full condition of highway assets1 including interchanges1 and the reconstruction history of those assets2 7,b7 can be used to assess transportation options2 7,c7 allow for the monitoring and modeling of network-level traffic flows on highways2 and 7,d7 further ,federal and ,state understanding of the importance of national and regional connectivity and the need for long-distance and interregional passenger and freight travel by highway and other surface transportation modes4 2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting use of rights-of-way permissible under applicable law1 after structures12 7ii7 in subparagraph 7,d71 by striking and at the end2 7iii7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,f7 disseminating and evaluating information from accelerated market readiness efforts1 including non-market-ready technologies1 to public and private entities4 2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,b77iii71 by inserting and early stage before innovative2 and 7ii7 by adding at the end the following3 7,d7 ,report ,not later than #b years after the date of enactment of this subparagraph and every #b years 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 and make publicly available on an internet website a report that describes-- 7i7 the activities the ,secretary has undertaken to carry out the program established under paragraph 7#a72 and 7ii7 how and to what extent the ,secretary has worked to disseminate non-market-ready technologies to public and private entities4 2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,c71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjba through #bjbe2 and 7ii7 in subparagraph 7,d7-- 7,i7 in clause 7i71 by striking annually and inserting once every #c years2 and 7,,ii7 in clause 7ii7-- 7aa7 in subclause 7,,iii71 by striking and at the end2 7bb7 in subclause 7,,iv71 by striking the period at the end and inserting a semicolon2 and 7cc7 by adding at the end the following3 7,v7 pavement monitoring and data collection2 7,,vi7 pavement durability and resilience2 7,,vii7 stormwater management2 7,,viii7 vehicle efficiency2 7,,ix7 the energy efficiency of the production of paving materials and the ability of paving materials to enhance the environment and promote sustainability2 and 7,x7 integration of renewable energy in pavement designs4 2 and 7,d7 by adding at the end the following3 7#e7 ,accelerated implementation and deployment of advanced digital construction management systems 7,a7 ,in general ,the ,secretary shall establish and implement a program under the technology and innovation deployment program established under paragraph 7#a7 to promote1 implement1 deploy1 demonstrate1 showcase1 support1 and document the application of advanced digital construction management systems1 practices1 performance1 and benefits4 7,b7 ,goals ,the goals of the accelerated implementation and deployment of advanced digital construction management systems program established under subparagraph 7,a7 shall include-- 7i7 accelerated ,state adoption of advanced digital construction management systems applied throughout the construction lifecycle 7including through the design and engineering1 construction1 and operations phases7 that-- 7,i7 maximize interoperability with other systems1 products1 tools1 or applications2 7,,ii7 boost productivity2 7,,iii7 manage complexity2 7,,iv7 reduce project delays and cost overruns2 and 7,v7 enhance safety and quality2 7ii7 more timely and productive information-sharing among stakeholders through reduced reliance on paper to manage construction processes and deliverables such as blueprints1 design drawings1 procurement and supply-chain orders1 equipment logs1 daily progress reports1 and punch lists2 7iii7 deployment of digital management systems that enable and leverage the use of digital technologies on construction sites by contractors1 such as state-of-the-art automated and connected machinery and optimized routing software that allows construction workers to perform tasks faster1 safer1 more accurately1 and with minimal supervision2 7iv7 the development and deployment of best practices for use in digital construction management2 7v7 increased technology adoption and deployment by ,states and units of local government that enables project sponsors-- 7,i7 to integrate the adoption of digital management systems and technologies in contracts2 and 7,,ii7 to weigh the cost of digitization and technology in setting project budgets2 7vi7 technology training and workforce development to build the capabilities of project managers and sponsors that enables ,states and units of local government-- 7,i7 to better manage projects using advanced construction management technologies2 and 7,,ii7 to properly measure and reward technology adoption across projects of the ,state or unit of local government2 7vii7 development of guidance to assist ,states in updating regulations of the ,state to allow project sponsors and contractors-- 7,i7 to report data relating to the project in digital formats2 and 7,,ii7 to fully capture the efficiencies and benefits of advanced digital construction management systems and related technologies2 7viii7 reduction in the environmental footprint of construction projects using advanced digital construction management systems resulting from elimination of congestion through more efficient projects2 and 7ix7 enhanced worker and pedestrian safety resulting from increased transparency4 7,c7 ,funding ,for each of fiscal years #bjba through #bjbe1 the ,secretary shall obligate from funds made available to carry out this subsection #bj1jjj1jjj to accelerate the deployment and implementation of advanced digital construction management systems4 7,d7 ,publication 7i7 ,in general ,not less frequently than annually1 the ,secretary shall issue and make available to the public on a website a report on-- 7,i7 progress made in the implementation of advanced digital management systems by ,states2 and 7,,ii7 the costs and benefits of the deployment of new technology and innovations that substantially and directly resulted from the program established under this paragraph4 7ii7 ,inclusions ,the report under clause 7i7 may include an analysis of-- 7,i7 ,federal1 ,state1 and local cost savings2 7,,ii7 project delivery time improvements2 7,,iii7 congestion impacts2 and 7,,iv7 safety improvements for roadway users and construction workers4 4 7b7 ,advanced transportation technologies and innovative mobility deployment ,section #ejc7;c77#d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by inserting and innovative mobility before deployment2 7#b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general ,the ,secretary shall provide grants to eligible entities to deploy1 install1 and operate advanced transportation technologies to improve safety1 mobility1 efficiency1 system performance1 intermodal connectivity1 and infrastructure return on investment4 2 7#c7 in subparagraph 7,b7-- 7,a7 in clause 7i71 by striking the enhanced use and inserting optimization2 7,b7 in clause 7v7-- 7i7 by striking transit1 and inserting work zone1 weather1 transit1 paratransit12 and 7ii7 by striking and accessible transportation and inserting 1 accessible1 and integrated transportation and transportation services2 7,c7 by redesignating clauses 7vi7 through 7viii7 as clauses 7vii71 7viii71 and 7x71 respectively2 7,d7 by inserting after clause 7v7 the following3 7vi7 facilitate account-based payments for transportation access and services and integrate payment systems across modes2 2 7,e7 in clause 7viii7 7as so redesignated71 by striking or at the end2 and 7,f7 by inserting after clause 7viii7 7as so redesignated7 the following3 7ix7 incentivize travelers-- 7,i7 to share trips during periods in which travel demand exceeds system capacity2 or 7,,ii7 to shift trips to periods in which travel demand does not exceed system capacity2 or 2 7#d7 in subparagraph 7,c7-- 7,a7 in clause 7i71 by striking ,not later and all that follows through thereafter and inserting ,each fiscal year for which funding is made available for activities under this paragraph2 and 7,b7 in clause 7ii7-- 7i7 in subclause 7,i71 by inserting mobility1 after safety12 and 7ii7 in subclause 7,,ii7-- 7,i7 in item 7bb71 by striking and at the end2 7,,ii7 in item 7cc71 by striking the period at the end and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7dd7 facilitating payment for transportation services4 2 7#e7 in subparagraph 7,d7-- 7,a7 in clause 7i71 by striking ,not later and all that follows through thereafter and inserting ,each fiscal year for which funding is made available for activities under this paragraph2 and 7,b7 in clause 7ii7-- 7i7 by striking ,in awarding and inserting the following3 7,i7 ,in general ,subject to subclause 7,,ii71 in awarding 2 and 7ii7 by adding at the end the following3 7,,ii7 ,rural set-aside ,not less than #bj percent of the amounts made available to carry out this paragraph shall be reserved for projects serving rural areas4 2 7#f7 in subparagraph 7,e7-- 7,a7 by redesignating clauses 7iii7 through 7ix7 as clauses 7iv71 7v71 7vi71 7vii71 7viii71 7xi71 and 7xiv71 respectively2 7,b7 by inserting after clause 7ii7 the following3 7iii7 advanced transportation technologies to improve emergency evacuation and response by ,federal1 ,state1 and local authorities2 2 7,c7 by inserting after clause 7viii7 7as so redesignated7 the following3 7ix7 integrated corridor management systems2 7x7 advanced parking reservation or variable pricing systems2 2 7,d7 in clause 7xi7 7as so redesignated7-- 7i7 by inserting 1 toll collection1 after pricing2 and 7ii7 by striking or at the end2 7,e7 by inserting after clause 7xi7 7as so redesignated7 the following3 7xii7 technology that enhances high occupancy vehicle toll lanes1 cordon pricing1 or congestion pricing2 7xiii7 integration of transportation service payment systems2 or 2 and 7,f7 in clause 7xiv7 7as so redesignated7-- 7i7 by striking and access and inserting 1 access1 and on-demand transportation service2 and 7ii7 by inserting and other shared-use mobility applications after ridesharing2 7#g7 in subparagraph 7,f77ii77,,iv71 by striking efficiency and multimodal system performance and inserting mobility1 efficiency1 multimodal system performance1 and payment system performance2 7#h7 in subparagraph 7,g7-- 7,a7 by redesignating clauses 7vi7 through 7viii7 as clauses 7vii7 through 7ix71 respectively2 and 7,b7 by inserting after clause 7v7 the following3 7vi7 improved integration of payment systems2 2 7#i7 in subparagraph 7,i77i71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjba through #bjbe2 and 7#aj7 in subparagraph 7,n7-- 7,a7 in clause 7i71 by striking representing a population of over #bjj1jjj2 and 7,b7 in clause 7iii71 in the matter preceding subclause 7,i71 by striking a any and inserting any4 7c7 ,center of ,excellence on new mobility and automated vehicles ,section #ejc7;c7 of title #bc1 ,united ,states ,code 7as amended by subsection 7a77#c77;,d771 is amended by adding at the end the following3 7#f7 ,center of ,excellence 7,a7 ,definitions ,in this paragraph3 7i7 ,automated vehicle ,the term automated vehicle means a motor vehicle that-- 7,i7 has a taxable gross weight 7as defined in section #da4ddhb7;b7-#a of title #bf1 ,code of ,federal ,regulations 7or successor regulations77 of #aj1jjj pounds or less2 and 7,,ii7 is capable of performing the entire task of driving 7including steering1 accelerating and decelerating1 and reacting to external stimulus7 without human intervention4 7ii7 ,new mobility ,the term new mobility includes shared services such as-- 7,i7 docked and dockless bicycles2 7,,ii7 docked and dockless electric scooters2 and 7,,iii7 transportation network companies4 7,b7 ,establishment ,not later than #a year after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai1 the ,secretary shall establish a ,center of ,excellence to collect1 conduct1 and fund research on the impacts of new mobility and automated vehicles on land use1 urban design1 transportation1 real estate1 equity1 and municipal budgets4 7,c7 ,partnerships ,in establishing the ,center of ,excellence under subparagraph 7,b71 the ,secretary shall enter into appropriate partnerships with any institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 or public or private research entity4 4 7d7 ,accelerated implementation and deployment of advanced digital construction management systems ,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 that includes-- 7#a7 a description of-- 7,a7 the current status of the use of advanced digital construction management systems in each ,state2 and 7,b7 the progress of each ,state toward accelerating the adoption of advanced digital construction management systems2 and 7#b7 an analysis of the savings in project delivery time and project costs that can be achieved through the use of advanced digital construction management systems4 7e7 ,open challenge and research initiative pilot program 7#a7 ,in general ,the ,secretary shall establish an open challenge and research proposal pilot program under which eligible entities may propose open highway challenges and research proposals that are linked to identified or potential research needs4 7#b7 ,requirements ,a research proposal submitted to the ,secretary by an eligible entity shall address-- 7,a7 a research need identified by the ,secretary or the ,administrator of the ,federal ,highway ,administration2 or 7,b7 an issue or challenge that the ,secretary determines to be important4 7#c7 ,eligible entities ,an entity eligible to submit a research proposal under the pilot program under paragraph 7#a7 is-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a university transportation center under section #eeje of title #di1 ,united ,states ,code2 7,d7 a private nonprofit organization2 7,e7 a private sector organization working in collaboration with an entity described in subparagraphs 7,a7 through 7,d72 and 7,f7 any other individual or entity that the ,secretary determines to be appropriate4 7#d7 ,project review ,the ,secretary shall-- 7,a7 review each research proposal submitted under the pilot program under paragraph 7#a72 and 7,b7 provide to the eligible entity a written notice that-- 7i7 if the research proposal is not selected-- 7,i7 notifies the eligible entity that the research proposal has not been selected for funding2 7,,ii7 provides an explanation as to why the research proposal was not selected1 including if the research proposal does not cover an area of need2 and 7,,iii7 if applicable1 recommend that the research proposal be submitted to another research program and provide guidance and direction to the eligible entity and the proposed research program office2 and 7ii7 if the research proposal is selected1 notifies the eligible entity that the research proposal has been selected for funding4 7#e7 ,federal share 7,a7 ,in general ,the ,federal share of the cost of an activity carried out under this subsection shall not exceed #hj percent4 7,b7 ,non-federal share ,all costs directly incurred by the non-,federal partners1 including personnel1 travel1 facility1 and hardware development costs1 shall be credited toward the non-,federal share of the cost of an activity carried out under this subsection4 7f7 ,conforming amendment ,section #afg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7h72 and 7#b7 by redesignating subsections 7i7 through 7l7 as subsections 7h7 through 7k71 respectively4 #cjjf4 ,workforce development1 training1 and education 7a7 ,surface transportation workforce development1 training1 and education ,section #ejd7;e7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by redesignating subparagraphs 7,d7 through 7,g7 as subparagraphs 7,e71 7,f71 7,h71 and 7,i71 respectively2 7,b7 by inserting after subparagraph 7,c7 the following3 7,d7 pre-apprenticeships1 apprenticeships1 and career opportunities for on-the-job training2 2 7,c7 in subparagraph 7,e7 7as so redesignated71 by striking or community college and inserting 1 college1 community college1 or vocational school2 and 7,d7 by inserting after subparagraph 7,f7 7as so redesignated7 the following3 7,g7 activities associated with workforce training and employment services1 such as targeted outreach and partnerships with industry1 economic development organizations1 workforce development boards1 and labor organizations2 2 7#b7 in paragraph 7#b71 by striking paragraph 7#a77;,g7 and inserting paragraph 7#a77;,i72 and 7#c7 in paragraph 7#c7-- 7,a7 by striking the period at the end and inserting a semicolon2 7,b7 by striking including activities and inserting the following3 8including-- 7,a7 activities 2 and 7,c7 by adding at the end the following3 7,b7 activities that address current workforce gaps1 such as work on construction projects1 of ,state and local transportation agencies2 7,c7 activities to develop a robust surface transportation workforce with new skills resulting from emerging transportation technologies2 and 7,d7 activities to attract new sources of job-creating investment4 4 7b7 ,transportation education and training development and deployment program ,section #ejd7;f7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading1 by striking ,development and inserting and ,training ,development and ,deployment2 7#b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,establishment ,the ,secretary shall establish a program to make grants to educational institutions or ,state departments of transportation1 in partnership with industry and relevant ,federal departments and agencies-- 7,a7 to develop1 test1 and review new curricula and education programs to train individuals at all levels of the transportation workforce2 or 7,b7 to implement the new curricula and education programs to provide for hands-on career opportunities to meet current and future needs4 2 7#c7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking shall and inserting may2 7,b7 in subparagraph 7,a71 by inserting current or future after specific2 and 7,c7 in subparagraph 7,e7-- 7i7 by striking in nontraditional departments2 7ii7 by inserting construction1 after such as2 and 7iii7 by inserting or emerging after industrial2 7#d7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#e7 by inserting after paragraph 7#b7 the following3 7#c7 ,reporting ,the ,secretary shall establish minimum reporting requirements for grant recipients under this subsection1 which may include1 with respect to a program carried out with a grant under this subsection-- 7,a7 the percentage or number of program participants that are employed during the second quarter after exiting the program2 7,b7 the percentage or number of program participants that are employed during the fourth quarter after exiting the program2 7,c7 the median earnings of program participants that are employed during the second quarter after exiting the program2 7,d7 the percentage or number of program participants that obtain a recognized postsecondary credential or a secondary school diploma 7or a recognized equivalent7 during participation in the program or by not later than #a year after exiting the program2 and 7,e7 the percentage or number of program participants that1 during a program year-- 7i7 are in an education or training program that leads to a recognized postsecondary credential or employment2 and 7ii7 are achieving measurable skill gains toward such a credential or employment4 4 7c7 ,use of funds ,section #ejd of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,use of funds ,the ,secretary may use funds made available to carry out this section to carry out activities related to workforce development and technical assistance and training if-- 7#a7 the activities are authorized by another provision of this title2 and 7#b7 the activities are for entities other than employees of the ,secretary1 such as ,states1 units of local government1 ,federal land management agencies1 and ,tribal governments4 4 #cjjg4 ,wildlife-vehicle collision research 7a7 ,general authorities and requirements regarding wildlife and habitat ,section #eae7;h77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,k71 by striking and at the end2 7#b7 by redesignating subparagraphs 7,d71 7,e71 7,f71 7,g71 7,h71 7,i71 7,j71 7,k71 and 7,l7 as subparagraphs 7,e71 7,f71 7,g71 7,h71 7,i71 7,k71 7,l71 7,m71 and 7,o71 respectively2 7#c7 by inserting after subparagraph 7,c7 the following3 7,d7 a representative from a ,state1 local1 or regional wildlife1 land use1 or resource management agency2 2 7#d7 by inserting after subparagraph 7,i7 7as so redesignated7 the following3 7,j7 an academic researcher who is a biological or ecological scientist with expertise in transportation issues2 2 and 7#e7 by inserting after subparagraph 7,m7 7as so redesignated7 the following3 7,n7 a representative from a public interest group concerned with the impact of the transportation system on terrestrial and aquatic species and the habitat of those species2 and 4 7b7 ,animal detection systems research and development ,section #eaf7;b77#f7 of title #bc1 ,united ,states ,code1 is amended by inserting 1 including animal detection systems to reduce the number of wildlife-vehicle collisions after systems4